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Part II .

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Prevention and Control of Apple Maggot Regulations

made under

Section 124 of the

Agriculture and Marketing Act

R.S.N.S. 1989, c. 6

O.I.C. 2002-373 (effective August 16, 2002), N.S. Reg. 107/2002

amended to O.I.C. 2019-217 (effective August 13, 2019), N.S. Reg. 117/2019

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definition

Designation of control zone

Registration and inspection of control zone for exporting orchard

Methods of control

Issuance of destruction order

Infestation outside control zone

Cost of prevention and control

Inspector’s remuneration

Form 1

Citation

1 These regulations may be cited as the Prevention and Control of Apple Maggot

Regulations .

Definition

2 In these regulations “apple maggot” means Rhagoletis pomonella (Walsh).

Designation of control zone

2A A control zone is designated as the area that extends 500 m from the perimeter of a

commercial apple orchard.

Registration and inspection of control zone for exporting orchard

3 If apples from a commercial apple orchard are to be exported, the control zone with

respect to the orchard shall be

(

a) registered with the agrologist; and

(

b) inspected annually by an inspector.

4 The procedure for the annual inspection required pursuant to

Section 3 shall

(

a) be determined by the agrologist; and

(

b) be at a time and to a standard that will qualify the inspection as the pre-harvest inspection required by the Canadian Food Inspection Agency to

certify apples for export.

Methods of control

(1) If apple maggot is found on or in any vegetation within a control zone, the owner

or occupant of the land shall implement a method or methods of control set out in

subsection (2), as determined by the inspector.

(2) The methods of control of apple maggot shall be implemented using proven

procedures as determined by the agrologist, and are as follows:

(

a) removal or destruction of any vegetation and its root system, including any

infested tree and root system;

(

b) treatment with an insecticide registered under the Pest Control Products Act

(Canada), applied by a certified person at the appropriate application rate

and dates;

(

c) intensive use of appropriate apple maggot traps;

(

d) destruction of the infested fruit;

(

e) removal of the infested fruit from the control zone; or

(

f) using the infested fruit for animal feed.

Issuance of destruction order

(1) If an inspector issues a destruction order to destroy vegetation infested with apple

maggot, the destruction shall be in a manner that is reasonable and efficient for the

control of apple maggot for the particular situation.

(2) If a method of control referred to in clauses 5(2)(

b) to (

f) is implemented and the

inspector, conferring with the owner or occupant, determines that it is not effective

in the control of apple maggot, the inspector may issue a destruction order.

(3) A destruction order shall be in Form 1.

Infestation outside control zone

7 If an inspector determines that there is an apple maggot infestation in an area that is

outside of a control zone and it has the potential to infest vegetation within a control

zone, the inspector may

(

a) conduct an inspection in accordance with the inspection procedure

determined by the agrologist; or

(

b) require the owner or occupant to implement a method of control set out in

subsection 5(2).

Cost of prevention and control

8 The cost for the prevention and control of apple maggot shall be paid by the owner or

occupant of the land.

Form 1

Destruction Order

for Vegetation Infested with Apple Maggot

(Part XIII, Agriculture and Marketing Act )

(full name of owner/occupant of land)

(mailing address/province/postal code)

Copy to

(full name of land owner - assessment roll, if different from above)

(mailing address/province/postal code)

Under

Part XIII of the Agriculture and Marketing Act , you are hereby ordered to destroy the

infested vegetation, described as follows:

______________________________ found on the land owned or occupied by you

located at .

(civic address) (name of municipality)

The destruction must be carried out no later than _____________, 20__, ____ (insert

number not less than 7) days from the date of this Order.

Dated at _______________________, _______________________, 20____.

(telephone number) (signature of inspector)

Inspector’s name:

Mailing address: Postal code

Legislative History

Reference Tables

Prevention and Control of Apple Maggot Regulations

N.S. Reg. 107/2002

Agriculture and Marketing Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Prevention and Control of Apple Maggot Regulations made

under the Agriculture and Marketing Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

107/2002

Aug 16, 2002

date specified

Sep 6,

264/2013

Jul

23, 2013

date

specified

Aug 9,

117/2019

Aug

13, 2019

date

specified

Aug

30, 2019

The

following regulations are not yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2A .....................................................

ad. 117/2019

9 ........................................................

rep. 117/2019

9(1) .................................................

am. 264/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.