Black Stem Rust; Identification Requirements and Addition of Rust-Resistant Varieties

We are amending the black stem rust quarantine and regulations to require that persons who request the addition of Berberis, Mahoberberis, or Mahonia spp. plants to the list of rust-resistant varieties in the regulations must provide the Agency with a description of the variety that can be used by inspectors to clearly identify the variety and distinguish it from others. We are also amending the regulations to require that inspectors verify, prior to interstate movement, that varieties match their description. Finally, we are amending the regulations to add 32 new varieties to the list of rust- resistant Berberis, Mahoberberis, and Mahonia species. This rule will help prevent the spread of black stem rust by providing for and requiring the accurate identification of rust-resistant varieties by inspectors and will provide for the interstate movement of newly developed varieties without unnecessary restrictions.