Compliance Agreements

Compliance Agreement Basics

A Compliance Agreement is issued by a state to provide oversight of firewood in trade in their state and may be issued to processors or transporters of firewood. Compliance Agreements can support a state’s regulatory programs and/or best management practices recommendations, but may not be recognized by other states. Compliance Agreements may be part of a state’s firewood Certification Program.

The Complexities of Compliance Agreements

Variability in the use of Compliance Agreements exists between states depending on the pests and pathogens of concern and the firewood economy in the area. The Compliance Agreement defines what articles are regulated, the state or federal regulations applicable to the quarantine, and the specific conditions under which the materials may be moved. Many states are familiar with Compliance Agreements through the emerald ash borer program. A few states have incorporated the use of Compliance Agreements as part of an exterior firewood quarantine – see summaries in the Appendices.

Benefit

  • Compliance Agreements and associated training/advisory materials are valuable tools to ensure and demonstrate that an entity understands the regulations and the steps required to legally move regulated articles. They clearly describe which articles are regulated, the applicable codes/regs, and the treatment or mitigation required to move the articles.

Advantages

  • States can require training and verify that entities are able to comply with the regulations.
  • States may require notification and additional documentation of movement in the form of permits.
  • Records in the form of permits or chain-of-custody documents allow trace backs.
  • Producers of firewood have a product that has been treated or mitigated.
  • Risk mitigation may result in a value-added product.

Disadvantages

  • States must communicate the need for a Compliance Agreement.
  • State resources are needed to provide training and permitting.
  • Costs may result in small producers avoiding Compliance Agreements.

Compliance Agreement Recommendations

  1. Consider the same factors used to consider regulation. Base Compliance Agreements on risks to trees in your state and whether oversight of origin of firewood, type of firewood, timing of delivery, and additional processing will help to alleviate those risks.
  2. Determine the terms and oversight of the Compliance Agreement within the quarantine or departmental policy.
  3. Publicize the availability of Compliance Agreements to producers, trade groups, green industry and suppliers of related equipment such as saws, wood splitters and trailers. Focus on the positives – Compliance Agreements allow them to continue to work with regulated articles while mitigating the risk of spreading a pest or pathogen and protecting their industry.
  4. Incorporate training when signing an entity up for a Compliance Agreement. During that training, ask questions that demonstrate how the entity can meet the Compliance Agreement requirements.
  5. Develop and foster relationships with industry to improve communication and increase the likelihood of reporting suspected outbreaks.

Regulations

Quarantine Template

Firewood Definitions

Firewood Labeling

Heat Treatment Standards

Compliance Agreements

Certification Programs

Enforcement