State California Regulations TITLE 3. FOOD AND AGRICULTURE DIVISION 4 DIVISION 4. PLANT INDUSTRY database is current through 09/29/06, Register 2006, No. 39 <<(Division Originally Printed 7-25-45)>> s 2300. Fertilizing Materials -General Provisions. (a) Labels of fertilizing materials, shall comply with the requirements of this article. (b) Efficacy data, which may be required as stated in Sections 14601 and 14631 of the Food and Agricultural Code, is data required to demonstrate the product's effectiveness when used as directed for all label claims. The data shall be obtained under California environmental use conditions or in areas that have essentially the same environmental use conditions. (c) All guarantees shall be based on an Association of Official Analytical Chemists (AOAC) laboratory method or when no AOAC method is available, a method developed for specific analyses by the Department shall be used. (d) The guaranteed analysis must be stated on an "as is" basis at time of sale or delivery to whoelesale and retail customers (e) "Zero" guarantees shall not appear in the guaranteed analysis statement. (f) Brand names, trademarks and tradenames are prohibited in the derivation statement or list of ingredients. They may appear as part of the product name in an area of the label separate from the list of ingredients or the derivation statement. However, trademarks and tradenames may not be similar to that of a recognized fertilizing material. (g) The statement "State of California approved" or other indication of official approval is prohibited in labeling and advertising. (h) A warning or caution statement shall appear on the label of any commercial fertilizer product which contains 0.1 percent or more by weight of boron in water soluble form. This statement shall carry the word "WARNING" or "CAUTION" conspicuously displayed, shall state the crop(s) for which the fertilizing material is to be used or state that the use of the fertilizing material on any crops other than those recommended may result in serious injury to the crop(s). (i) A warning or caution statement shall appear on the label of any commercial fertilizer product which contains 0.001 percent or more by weight of molybdeneum (Mo). This statement shall carry the word "WARNING" or "CAUTION" conspicuously displayed and the statement that the application of fertilizing materials containing molybdenum (Mo) may result in forage crops containng levels of molybdenum (Mo) which are toxic to ruminant animals. (j) When the name of a fertilizing material appears on the label, outside of the guaranteed analysis statement, the percentage of that ingredient is required in the guaranteed analysis statement. Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections14501(b), 14502 and 14631, Food and Agricultural Code. s 2300.1. Instructions of Use. Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Sections 14562 and 14591, Food and Agricultural Code. s 2300.5. Guaranteed Analysis. Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Section 14591, Food and Agricultural Code. s 2301. Use of Numerals to Describe the Guaranteed Analysis. When any series of numerals are used in labeling of or in advertising to describe the formula or analysis, or in connection with the name, brand, or trademark, such numerals shall be arranged so that the first will be the guaranteed percentage of nitrogen; the second, the guaranteed percentage of available phosphoric acid; and the third, the guaranteed percentage of soluble potash. The guaranteed percentages shall be consistent with the guaranteed analysis. Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14591 and 14631, Food and Agricultural Code. s 2302. Non-Nutritive Standards. (a) Inorganic commercial fertilizer and agricultural mineral products shall not exceed the following standards for the non-nutrient metals arsenic, cadmium and lead: (1) For each percent iron, manganese or zinc, the fertilizing material shall not exceed the following concentrations of non-nutrient metals: arsenic, 13 parts per million; cadmium, 12 parts per million; lead, 140 parts per million. (2) For each percent available phosphate (P2 O5 ), the fertilizing material shall not exceed the following concentrations of non-nutrient metals: (A) Effective January 1, 2002 through December 31, 2002: arsenic, 4 parts per million; cadmium, 6 parts per million; lead, 20 parts per million. (B) Effective January 1, 2003 through December 31, 2003: arsenic, 3 parts per million; cadmium, 5 parts per million; lead, 20 parts per million. (C) Effective January 1, 2004: arsenic, 2 parts per million; cadmium, 4 parts per million; lead, 20 parts per million. (3) The concentration limits are applied as follows: (A) For micronutrient materials with guaranteed available iron, manganese or zinc multiply the percentage of guaranteed micronutrient material (Minor Element) by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm). Example: A 12% Iron product will have the following limits: arsenic, 156 parts per million (13 ppm X 12); cadmium, 144 parts per million (12 ppm X 12); and lead, 1,680 parts per million (140 ppm X 12). (B) For phosphate (P2 O5 ) materials multiply the guaranteed percentage of P2 O5 by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm). Example: from January 1, 2002 through December 31, 2002: A guaranteed available 52% (P2 O5 ) phosphate product will have the following limits: arsenic 208 parts per million (4 ppm X 52); cadmium 312 parts per million ( 6 ppm X 52); and lead 1,040 parts per million (20 ppm X 52). (4) For specialty fertilizers that guarantee less than 6% available phosphate (P2 O5 ) but make no micronutrient claim, the maximum allowable concentrations of non-nutrient metals shall not exceed: (A) Effective January 1, 2002 through December 31, 2002 specialty fertilizers shall not exceed: arsenic, 20 parts per million; cadmium, 30 parts per million; and lead, 100 parts per million. (B) Effective January 1, 2003 through December 31, 2003 specialty fertilizers shall not exceed: arsenic, 15 parts per million; cadmium, 25 parts per million; and lead, 100 parts per million. (C) Effective January 1, 2004 specialty fertilizers shall not exceed: arsenic, 10 parts per million; cadmium, 20 parts per million; and lead, 100 parts per million. (5) For specialty fertilizers that guarantee less than 6% available phosphate (P2 O5 ) and make a micronutrient claim, multiply the guaranteed percentage of micronutrient by the arsenic, cadmium and lead maximum concentrations as expressed in parts per million (ppm) and add the following values to that total: (A) Effective January 1, 2002 through December 31, 2002 add: arsenic, 20 parts per million; cadmium, 30 parts per million; and lead, 100 parts per million. (B) Effective January 1, 2003 through December 31, 2003 add: arsenic, 15 parts per million; cadmium 25 parts per million; and lead 100 parts per million. (C) Effective January 1, 2004 add: arsenic, 10 parts per million; cadmium, 20 parts per million; and lead 100 parts per million. (6) The concentration limits are applied as follows: (A) A guaranteed available 3% (P2 O5 ) phosphate product with 2% guaranteed zinc will have the following limits. Example: from January 1, 2002 through December 31, 2002: arsenic, 46 parts per million (13 ppm X 2 zinc = 26 ppm + 20 ppm); cadmium, 54 parts per million (12 ppm X 2 zinc = 24 ppm + 30 ppm); and lead, 380 parts per million (140 ppm X 2 zinc = 280 ppm + 100 ppm). (b) Waste and hazardous waste shall be defined as specified in Title 22, CCR Division 4.5, Chapter 11 - Identification and Listing of Hazardous Waste, commencing with Section 66261.1. (c) Recyclable material used in fertilizing material manufacture shall meet all applicable requirements in the Code of Federal Regulations, Chapter 1, Title 40, Part 266, Subpart C - Recyclable Materials Used In a Manner Constituting Disposal, commencing with Section 266.20. (d) Recyclable material used in fertilizing material manufacture shall be sampled and tested in accordance with procedures specified in Title 22, CCR, Division 4.5, Chapter 11 - Identification and Listing of Hazardous Waste, commencing with Section 66261.1. (1) A copy of test results shall be submitted to the department for each source of recyclable material used in the manufacture of zinc, manganese or iron products utilized as a base fertilizing material ingredient. Additional test results shall not be required by the department unless the process or operation generating the recyclable material changes. (e) No recyclable material may be used in fertilizing material manufacture if its use is denied pursuant to Title 22, CCR, Division 4.5, Chapter 16, Article 8.5 - Requirements for Management of Recyclable Materials Used in Agriculture, Section 66266.115. (f) No recyclable hazardous waste may be used in fertilizing material manufacture unless the generator of such recyclable hazardous waste complies with Title 22, CCR, Division 4.5, Chapter 16, Article 8.5 - Requirements for Management of Recyclable Materials Used in Agriculture, commencing with Section 66266.115. (g) By December 31, 2004, the department shall publish a report concerning results of research that evaluates the protectiveness of these regulations on both human health and the environment. Additionally, the report shall include an analysis of and recommendations for regulating cobalt, copper, mercury, molybdenum, nickel, selenium and dioxins. Note: Authority cited: Sections 407, 14502 and 14682, Food and Agriculture Code. Reference: Section 14682, Food and Agriculture Code. s 2303. Labeling Requirements. The label information for fertilizing materials required by Section 14631 of the Food and Agricultural Code, shall include the following: (a) Product name. (b) Measurement (1) Net weight, of dry materials (for commercial fertilizer, agricultural minieral and auxiliary soil and plant substance labels). (2) Volume (for packaged soil amendments and liquid specialty fertilizers). (3) Density, (pounds per gallon at 68 degrees Fahrenheit), for bulk liquids only. (c) Grade (for commercial fertilizer labels only). (d) The licensee's name and address. (e) Purpose of the product (for packaged soil amendments and specialty fertilizers only). (f) Directions for use (for auxiliary soil and plant substances, packaged soil amendments and specialty fertilizers only). (g) The statement "NONPLANT FOOD INGREDIENT" printed in capital letters (for auxiliary soil and plant substance products). (h) A statement of composition showing the percent of each active ingredient, which is the agent in a product primarily responsible for the intended effects (for auxiliary soil and plant substances). (i) A guaranteed analysis using the following format, terminology and order presented: (1) Total Nitrogen (N) __________% __________% Ammoniacal Nitrogen __________% Nitrate Nitrogen __________% Water Soluble Organic Nitrogen or Other recognized and determinable forms of nitrogen __________% Water Insoluble Organic Nitrogen or Water Insoluble Nitrogen Available Phosphoric Acid (P 2 O 5) __________% Soluble Potash (K 2 O) __________% (2) Secondary and micronutrient guarantee minimums. (if claimed) Calcium (Ca) 1.0000% Magnesium (Mg) 0.5000% Sulfur (S) 1.0000% Boron (B) 0.0200% Chlorine (Cl) 0.1000% Cobalt (Co) 0.0005% Copper (Cu) 0.0500% __________% Chelated Copper Iron (Fe) 0.1000% __________% Chelated Iron Manganese (Mn) 0.0500% __________% Chelated Manganese Molybdenum (Mo) 0.0005% Sodium (Na) 0.1000% Zinc (Zn) 0.0500% __________% Chelated Zinc (3) Limiting material guarantees: (if claimed) Compound(s) composing material __________% (state specific compounds) Calcium carbonate equivalent __________% Sieve Analysis: 10 mesh __________% (BULK ONLY) 20 mesh __________% 40 mesh __________% 60 mesh __________% Moisture, maximum (BULK ONLY) __________% (4) Other guarantees: (if claimed, and approved by the director) (j) A derivation statement (for commercial fertilizers and agricultural mineral labels only). (1) Abbreviations shall not appear in the derivation statement. (k) A list of ingredients in decreasing amounts present. (For packaged soil amendments only). (l) The following format and guarantees, as applicable for the following products or ingredients, shall appear following the derivation statement of agricultural mineral and commercial fertilizer labels: "ALSO CONTAINS NONPLANT FOOD INGREDIENT(S):" X% Humic Acids (Derived from . . . state the source of the humic acids) X% Polymers (state the name of the specific polymer). (For auxiliary soil and plant substances only). Wetting Agents (state the name of the specific wetting agent on the application only - not required on the label) (m) Additional information, other than secondary or micronutrient guarantees, shall not appear in the guaranteed analysis statement. (n) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee claimed and are recommended in the order appearing in the format shown in section 2303(i)(1). (o) Zeros are required before the decimal points when less than one percent. (p) For packaged products, the information found in section 2303(a) through (o) shall either: (1) Appear on the label, or (2) Be printed on a tag and attached to the package. This information shall be in a conspicuous form. (q) For bulk products, the information found in section 2303(a) through (o) shall be in written or printed form and shall accompany the delivery. This information shall be in a conspicuous form. (r) The manufacturer of any base fertilizing material ingredient that claims iron, manganese, zinc or phosphates shall provide a guarantee statement that the product does not exceed standards established for arsenic, cadmium and lead. (1) For purposes of the labeling guarantee, base fertilizing material ingredient shall be defined as phosphate, zinc, manganese, or iron products utilized singly or as material ingredient in blended or formulated fertilizing material products. Examples of such base fertilizing material ingredients include, but are not limited to, phosphoric acid, monoammonium phosphate, diammonium phosphate, zinc oxide, zinc sulfate, zinc from galvanizer skimmings, zinc from electric arc furnace dust, metallic zinc, refined zinc from the copper pickling process, zinc from circuit board recycling, iron II & III oxide, iron ore deposits, iron from recycling of bailing wire, rust or photographic operations, and manganese oxide. (2) The guarantee statement shall report in parts per million the maximum total concentration of arsenic, cadmium and lead in the base fertilizing material ingredient. (s) Packaged product labels for commercial fertilizer and agricultural mineral products, with the exception of gypsum, liming materials, manure, wood or coal fly ash, sewage sludge, composted products, potting soils, potting mix, blood meal, bone meal, feather meal, kelp meal or seaweed, cottonseed meal, fish meal, sphagnum moss and seed mix shall include either an informational statement of laboratory test results or provide an informational statement providing the maximum levels in parts per million of arsenic, cadmium, cobalt, copper, lead, mercury, molybdenum, nickel and selenium. (1) In lieu of a statement on the label, the information may be provided by either of the following statements: "Information regarding the contents and levels of metals in this product is available by calling 1-800-XXX-XXXX." Or "Information regarding the contents and levels of metals in this product is available on the Internet at http://www.regulatory-info-xx.com." Each registrant shall substitute a unique alphanumeric identifier for "xx". This statement may be used only if the licensee establishes and maintains the Internet site; there is a clearly visible, direct hyperlink to a government web site; and, the Internet site contains no advertising or company-specific information. A government web site internet address on the label is an acceptable alternative to a web site established and maintained by the licensee. (t) Testing methodology for the informational statement of laboratory test results shall conform to either sample preparation method 3050B or 3051 and conform to analysis methods as described in US EPA Publication SW-846 (Revision 3, December 1996), which is hereby incorporated by reference. (u) Labeling provisions in Section 2303 (r) shall be met no later than January 1, 2002. Labeling provisions in Section 2303 (s) shall be met no later than July 1, 2002 for all products entering into channels of trade. (v) The publication of inaccurate information regarding the contents and levels of metals is a misbranding violation pursuant to Section 14681 of the Food and Agriculture Code. Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code. s 2304. Biotics. All fertilizing materials for which claims are made relating to organisms, enzymes or organisms by-products are auxiliary soil and plant substances and are subject to the registration requirement of Section 14601 of the Food and Agricultural Code, whether or not the material would otherwise be exempt from registration as a commercial fertilizer. In addition to the information required by Section 14601 of the Food and Agricultural Code, the label of each product which contains organisms, enzymes, and other biologically active by-products of organisms for which claims are made shall state: (a) Name of each species and strains as part of the statement of composition and name of each by-product, if claimed. (b)(1) The percentage or number of viable units of microorganisms per cubic centimeters. (2) The concentration in percentage of enzymes or other organism by-products claimed. (c) The expiration date for use. (d) Storage conditions. A generally accepted laboratory method for assaying the viable and attenuated units, and the by-products claimed must be submitted with the registration application. When used for the purpose intended, the product must not be pathogenic to plants or pathogenic to animals which may consume the treated plant. Biotic products such as Rhizobium spp., Gingaspora spp., Glomus spp., and Pisolithus spp., are acceptable for registration. Other biotic products are acceptable based on efficacy data. Note: Authority cited: Sections 407, 14502, 14601 and 14631, Food and Agricultural Code. Reference: Sections 14594, 14601 and 14631, Food and Agricultural Code. s 2305. Chelating Agents. The label of each product for which a chelation claim is made shall state: (a) The name of the chelating agent. (b) The percent of the guaranteed micronutrient content which is chelated, for example, in the following format: Zinc (Zn)..............................................______% _____% Chelated Zinc Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14502 and 14631, Food and Agricultural Code. s 2306. Fish Emulsion. When a product is labeled as fish emulsion, it shall contain a minimum of 40 percent total solids. Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Sections 14502 and 14631, Food and Agricultural Code. s 2307. Hydroponics, Continuous Liquid Feed Products and Ready-to-Use Foliar Products. The minimum percentages acceptable for micronutrients stated in Section 2303, do not apply to guarantees for those water soluble nutrients or micronutrients on products labeled only for hydroponic, continuous liquid feed programs or ready-to-use foliar products. Note: Authority cited: Sections 407, 14502 and 14631 of the Food and Agricultural Code. Reference: Section 14631 of the Food and Agricultural Code. s 2308. Packaged Soil Amendments. (a) Packaged soil amendments shall be measured by volume (quarts/cubic feet). If other measurement information is shown, it shall be in parentheses following the volume statement, e.g. weight, cubic inches, fractions of cubic feet and metric conversions. (b) No claim shall be made for chemical composition or nutritive consituents, except as provided in (d) and (f) of this section. (c) When a packaged soil amendment is labeled as a specific material, such as peat moss or leaf mold, the product shall consist of not less than 95 percent of that material. (d) Organic products such as bark, wood chips, wood sawdust and peat or peat moss claimed to be nitrogen fortified, nitrogen stabilized, or with other terms to inform that the product contains nitrogen added to compensate for nitrogen likely to be taken from soil due to the amendments decomposition therein, are soil amendments when such additional nitrogen is 0.5 percent or less. Any claim for such nitrogen stabilization or fortification or similar term made on the label of a packaged soil amendment shall be accompanied by a statement of the total percent of nitrogen contained therein. (e) Packaged soil amendments may contain wetting agents. (1) The claim "wetting agent added" can be made without guaranteeing the specific wetting agent or the percentage of such, but the chemical name of the wetting agent must be submitted at the time of registration along with the analytical method. (f) Iron (Fe), may be guaranteed at less than 0.1 percent. (g) If reference is made to the acidity or alkalinity of the product, or its influence on the soil, a range or specific pH must be guaranteed. Note: Authority cited: Sections 407, 14502, 14601 and 14631, Food and Agricultural Code. Reference: Sections 14601 and 14631, Food and Agricultural Code. s 2309. Phosphorus Materials. (a) Products that contain phosphorous acid shall state on the label the percentage of "Total phosphoric acid", upon conversion of phosphorous acid. Total phosphoric acid (P 2 O 5) __________% In addition the label shall state the following: (1) Phosphorous acid products are for use as a supplemental fertilizer treatment. (2) Upon foliar application, the phosphite ions are taken up directly by the plant foliage and may undergo a degree of conversion to phosphate ions, or will be used directly by plants, as phosphite ions. (3) As a soil application to annual crops, a lesser response from the initial crop, with a corresponding superior response from succeeding crops, may be observed. In addition, placement close to seeds or root zones may be injurious to crops. The effect may be aggravated by a soil pH below 6.5. (b) Products that contain Phosphoric acid shall state on the label the percentage of "Available Phosphoric Acid". If, in addition, a percentage of "Total Phosphoric Acid" is stated, the percentage of "Insoluble Phosphoric Acid" (Citrate-Insoluble Phosphorus) must be stated immediately below, for example: Available Phosphoric Acid (P 2 O 5) __________% __________% Total Phosphoric Acid (P 2 O 5) __________% Insoluble Phosphoric Acid (P 2 O 5) Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code. s 2310. Seed and Plant Food Mixture. A packaged combination of viable seeds for planting intermixed with nitrogen, available phosphoric acid, or potash, added singly or in combination totaling one percent or less, solely to stimulate the sprouting seeds after planting is not classed as any form of fertilizing material as defined in Section 14533 of the Food and Agricultural Code. Note: Authority cited: Section 407 and 14502 of the Food and Agricultural Code. Reference: Section 14502 of the Food and Agricultural Code. s 2311. Slow Released Plant Nutrients. (a) The label shall not state or imply that a plant nutrient or micronutrient contained in a fertilizer is released slowly over a period of time, unless such nutrients or micronutrients are identified and guaranteed. (b) The types of slow released products recognized are: (1) Water insoluble (N products only), such as natural organics, urea formaldehyde, isobutylidene diurea and oxamide. (2) Coated slow release such as sulfur coated urea and other encapsulated soluble fertilizers. (3) Products containing water soluble nitrogen such as ureaform materials, urea formaldehyde products, methylenediurea (MDU), dimethylene triurea (DMTU), dicyanodiamide (DCD). (4) Occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles. The terms "water insoluble," "coated slow release," "slowly available water soluble" and "occluded slow release" are accepted as descriptive of these products provided the claim is substantiated by a research study as required by section 2300(b). (5) Products containing phosphorous acid such as potassium phosphite and ammonium phosphite which undergo a degree of conversion in plants or soils to available phosphoric acid (P2O5). (6) Effective January 1, 2006, products containing elemental sulfur are a source of nutrient sulfur when applied to soil. Other application techniques for elemental sulfur must be substantiated by scientific research as required by Section 2300(b) that demonstrates availability of an efficacious amount of nutrient sulfur for plant uptake generally consistent with soil application. (c) When slowly released nutrients are less than 15 percent of each total of the guarantee for either total nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), as appropriate, the label shall not refer to slow release of the materials. (d) Association of Official Analytical Chemist's (AOAC) latest method shall be used to confirm the coated slow release and occluded slow release nutrients and others whose slow release characteristics depend on particle size and AOAC latest method shall be used to determine the water insoluble nitrogen of organic materials. Note: Authority cited: Sections 407, 14502 and 14631, Food and Agricultural Code. Reference: Section 14631, Food and Agricultural Code. s 2312. Gypsum Equivalent. Any of the following four compounds, singly or in combination, shall be expressed as a percent gypsum equivalent on the label: Hydrated Calcium Sulfate (CaSO 4 2H 2 O) Anhydride Calcium Sulfate (CaSO 4) Hydrated Calcium Sulfite Anhydride Calcium Sulfite Note: Authority cited: Sections 407, 14502 and 14631, Food and Agriculture Code. Reference: Section 14631, Food and Agriculture Code. s 2313. Official Samples. A sample of fertilizing materials drawn by the director for the purpose of analysis, in accordance with Sections 14641 and 14642 of the Food and Agricultural Code, shall be known as an "official sample" and shall be drawn in a manner prescribed by this article to represent the entire lot from which it is taken. Note: Authority cited: Sections 407 and 14502, Food and Agricultural Code. Reference: Section 14605, Food and Agricultural Code. s 2314. Subsamples. Subsamples shall be provided to interested parties after laboratory analysis by the department, with the condition that the requesting party agree to provide analytical results of the subsample to the Department of Food and Agriculture, Feed, Fertilizer and Livestock Drug Branch within 21 days of receipt. Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14645 and 14646, Food and Agricultural Code. s 2315. Sampling Procedure. Each official sample shall consist of at least one pound of dry material or one pint of liquid material taken in the following manner: (a) Packaged Dry Materials. (1) Use a sampler that removes a core diagonally from end-to-end of the container. (2) The lot and the sample size will be established in the following manner: Lot Size Containers Sample Size Containers Less than 5........ All 6-15............... 5 16-30.............. 6 31-60.............. 7 61-100............. 8 101-200............ 9 201-300............ 10 301-500............ 11 501 or more........ 12 (3) Small packages of dry fertilizer material in packages of 80 pounds or less, when not practical to sample according to subsection (2), shall be represented by one unbroken package which will constitute the official sample. (4) Place all cores into sample container and send to the laboratory. (b) Sampling Dry Fertilizing Materials in Bulk Lots. Dry bulk material shall be sampled by one of the following methods: (1) Use a bulk cup-type sampler with an opening width at least three times the diameter of the largest particle being sampled and long enough to cut the complete stream. The delivery stream must be "cut" with the sampler at least ten times at equal intervals during the delivery. The registrant mixing the material must supply a safe and convenient access to a stream of the material being loaded for the sampler. (2) Use a "Missouri D" probe according to the following system: (i) At least 12 cores must be drawn in different locations. (ii) When a single lot of fertilizing material is in two separate compartments, take a minimum of six cores from each compartment. (iii) When a single lot of fertilizing material is in three or more compartments, take a minimum of four cores from each compartment. (c) When sampling gypsum, the following procedure is accepatable: (1) Scrape outer surface aside before inserting sampler. (2) Take approximately 20 approximately equal cores from fairly evenly distributed parts of the quantity. (3) Portions may be taken with a trowel when the material contains large lumps or when for other reasons it is not possible to use a sampler. (4) Place all portions into sample container and send to the laboratory for mixing and quartering. (d) Liquid fertilizing materials must be sampled by one of the following systems: (1) Full horizontal cylindrical or spherical tanks are sampled with a restricted fill liquid sampling device. Lower the liquid sampler just below the surface and allow to fill, the liquid sampler is then recovered and emptied into a suitable container. This process is repeated twice at the center level of the tank and once at the bottom. All four aliquots are thoroughly mixed and tested; or a sample of the four aliquots consisting of not less than one pint shall be sent to the laboratory for testing. (2) Sample vertical cylindrical, cubic or rectangular shaped tanks by proceeding as in "(1)" except one aliquot is taken from the center level rather than taking two aliquots from the center level. (3) Nonpressurized nitrogen solutions, nitrogen-phosphate mixtures, and other clear solutions may be sampled at the sight gauge or outlet after these openings have been drained and flushed with the solution. Fertilizer suspensions or slurries must be completely agitated before sampling; when a homogenous mixture is achieved, sample as above. (4) Streamcutting a homogenous mixture from a valve while loading is an acceptable sampling procedure. (5) Small packages of liquid fertilizing materials, when not practical to sample according to subsection (d)(1)(2)(3), shall be represented by one unbroken package which will constitute the official sample. Note: Authority cited: Sections 407, 14052 and 14646, Food and Agricultural Code. Reference: Section 14606, Food and Agricultural Code. s 2316. Identification of Official Sample. A sample of a fertilizing material shall be identified before removal from premises where it was drawn. The identification shall consist of the date; name of product as given on the label, if any; inspector's initials and sample number. Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14645 and 14646, Food and Agricultural Code. s 2317. Description of Sample. An inspector's Product Sample Data official form showing pertinent information concerning the sample shall be prepared at the time each official sample is drawn. Where reasonably possible, a label shall be taken from the lot represented by the sample and accompany the inspector's Product Sample Data. Note: Authority cited: Sections 407, 14502 and 14645, Food and Agricultural Code. Reference: Sections 14605, 14645 and 14646, Food and Agricultural Code. s 2318. Licensing. In addition to requirements found in Section 14591 of the Food and Agricultural Code, the following information is required. (a) A place of business. Note: Authority cited: Sections 407, 14502 and 14591, Food and Agricultural Code. Reference: Section 14591, Food and Agricultural Code. s 2319. Experimental Use of a Fertilizing Material. Experimental use of a fertilizing material for noncommercial value is exempt from licensing. Note: Authority cited: Sections 407, 14502 and 14591, Food and Agricultural Code. Reference: Sections 14531 and 14591, Food and Agricultural Code. s 2320. Registration. In addition to requirements found in Section 14601 of the Food and Agricultural Code, the following information is required. Each auxiliary soil and plant substance, packaged agricultural mineral, packaged soil amendment and specialty fertilizer shall be registered in the name of the legal entity or person whose name appears on the label before being distributed in this state. These materials shall not be distributed or sold unless the product is registered. Note: Authority cited: Sections 407, 14502 and 14601, Food and Agricultural Code. Reference: Section 14601, Food and Agricultural Code. s 2321. Tonnage Reporting. In addition to the requirements found in Sections 14621, 14622 and 14623 of the Food and Agricultural Code, the following is required. (a) The tonnage report shall be made semi-annually no later than July 31, and no later than January 31 of each year for tonnage of one ton or greater. Zero reports are not required. Note: Authority cited: Sections 407, 14502, 14621, 14622 and 14623, Food and Agricultural Code. Reference: Sections 14621 and 14622, Food and Agricultural Code. <<(Subchapter Originally printed 7-25-45)>> s 2330. Name, Brand, or Trademark of Economic Poison. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2331. Commercial Pest Control Service. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2332. Operational Protocol for Pesticide Registration and Evaluation Manual. Note: Authority cited: Sections 407, 12781, 12976, 12981 and 14005, Food and Agricultural Code. Reference: Sections 12751 through 14104, Food and Agricultural Code. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12753 and 12801, Food and Agricultural Code. s 2360. Application. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2360.1. Adverse Effect Disclosure. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2361. Acceptance of Labeling. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2362. Brands. Note: Authority cited: Sections 407, 1152, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2363. Transfer of Registration. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2364. Change of Name. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2365. Computation of Retail Value. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2366. Renewal. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2367. Reevaluation. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2368. Annual Review. Note: Authority cited: Sections 407, 11502, 12005, 12111 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2369. Review and Evaluation. Note: Authority cited: Sections 407, 12781 and 12824, Food and Agricultural Code. Reference: Sections 11501, 12751-13102, Food and Agricultural Code. s 2369.5. Conditional Registration. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 11501 and 12824-12825, Food and Agricultural Code. s 2370. Safety Related to Exposure. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code. s 2371. Residue Test Method. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2372. Residue Data. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2373. Efficacy. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12824, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2374. Hazards to Bees. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2375. Closed System Compatibility. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2376. Effects on Pest Management. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2378. Inert Ingredient Hazard. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2379. Volatile Organic Compounds. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2379.5. General Toxicity Data. Note: Authority cited: Sections 407, 12781 and 12824, Food and Agricultural Code. Reference: Sections 11501, 12824-12825, Food and Agricultural Code. s 2380. Other Data. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2389. Scope of Labeling Requirements. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12751-13102, Food and Agricultural Code. s 2390. Placement of Label. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2391. Name and Address of Manufacturer, Distributor, Packer, Formulator, or Registrant. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2393. Legibility of Label and Labeling. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2394. Registration Number. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2395. Warning or Caution Statement. Note: Authority cited: Sections 407, 12781, and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2396. Sub-Packaging of Certain Economic Poisons for Resale to Consumers. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2397. False and Misleading Statements. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2400. Wettable and Soluble Powders. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. s 2401. Rodenticide Bait Safety. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2402. Closed System Compatibility. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2420. Findings of the Director of Food and Agriculture. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code. s 2421. Findings of the Director of Food and Agriculture. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code. s 2422. Findings of the Director of Food and Agriculture. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code. s 2423. Inorganic Arsenic. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code. s 2424. Findings of the Director of Food and Agriculture. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824 and 12825, Food and Agricultural Code. s 2425. Suspension of Registration and Use of Economic Poisons Containing 1,2-Dibromo-3-Chloropropane (DBCP). Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code. s 2426. Suspension of Registration and Use of Economic Poisons Containing N-3-Pyridylmethyl N ' -p Nitrophenyl Urea (Vacor). Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Sections 12824, 12825 and 12826, Food and Agricultural Code. s 2427. Ethylene Dibromide. Note: Authority cited: Sections 407, 12781 and 14102, Food and Agricultural Code. Reference: Sections 11501(b), 12824, 12825, 14001 and 14102, Food and Agricultural Code. s 2428. Cadmium Compounds. Note: Authority cited: Sections 407, 12781 and 12976, Food and Agricultural Code. Reference: Sections 12825, 12995 and 14102, Food and Agricultural Code. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. Reference: Section 12841, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 12844, Food and Agricultural Code. Reference: Section 12844, Food and Agricultural Code. s 2440. Misbranding. Note: Authority cited: Sections 407 and 12781, Food and Agricultural Code. s 2440.5. Unregistered Products. Note: Authority cited: Sections 407, 12781, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Section 12995, Food and Agricultural Code. s 2441. Purpose. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2442. Definitions. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code. s 2443. Pesticide Registration, Renewal, and Reevaluation. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code. s 2444. Standards and Regulations. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. s 2445. Commissioner Consultation. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, 14001-14104, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407, 12781 and 14005, Food and Agricultural Code. Reference: Sections 12751-12994, Food and Agricultural Code. Note: Authority cited: Sections 407 and 14005, Agricultural Code. Reference: Sections 14001-14035, Agricultural Code. s 2450. Restricted Materials. Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, 14006.7 and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2450.5. Designation of Restricted Materials. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671 and 12751-14104, Food and Agricultural Code. s 2451. Definitions. Note: Authority cited: Sections 407, 12781, 12976, 12979, 14004.5, 14005, 14033, 14063 and 14102, Food and Agricultural Code. Reference: Sections 12751-13102 and 14001-14104, Food and Agricultural Code. s 2452. Restricted Material Permit Requirements. Note: Authority cited: Sections 407, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14001, 14006, 14006.5 and 14007, Food and Agricultural Code. s 2452.1. Employer-Employee Responsibility. Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2452.5. Refusal, Suspension or Revocation of a Restricted Material Permit. Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033 and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2453. Chloropicrin and Methyl Bromide Restrictions. Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2454. Sodium Arsenite Restrictions. Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005 and 14102, Food and Agricultural Code. Reference: Sections 12980-12982, 14001-14003, 14006, 14006.5, 14007, 14011, and 14103, Food and Agricultural Code. s 2455. Restrictions on Planting Seeds Treated with Mercury Compounds. s 2456. Propanil Restrictions. Note: Authority cited: Sections 407, 12781, 12976, 14001, 14005 and 14102, Food and Agricultural Code. Reference: Sections 14006 and 14033, Food and Agricultural Code. s 2457. Restrictions on Highly Volatile Liquid Herbicides. s 2458. Herbicide Restrictions. Note: Authority cited: Sections 407, 11502, 12005, 12731, 12781, 12976, 12979, 12981, 14001, 14004.5, 14005, 14033, 14063 and 14102, Food and Agricultural Code. Reference: Sections 11401-11531, 12981 and 14001-14104, Food and Agricultural Code. s 2458.1. Sodium Fluoroacetate Restrictions. Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001 through 14104, Food and Agricultural Code. s 2458.2. Paraquat Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code.. s 2458.3. 1,3-Dichloropropene and Ethylene Dibromide Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.4. Cotton Harvest Aid Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.5. Ethylene Dichloride Use Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.6. Chlordane Restrictions on Citrus, Grapes, and Strawberries. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.7. Carbofuran Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.8. Fenamiphos Restrictions. Note: Authority: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2458.9. Termiticide Restrictions. Note: Authority cited: Sections 407, 12781, 12976, 14005, and 14102, Food and Agricultural Code. Reference: Sections 14001 through 14104, Food and Agricultural Code. s 2458.10. 2,4-Dichlorophenyl p-Nitrophenyl Ether Restrictions. Note: Authority cited: Sections 407, 11502, 12781, and 14005, Food and Agricultural Code. Reference: Sections 11401-12121 and 12751-14104, Food and Agricultural Code. s 2458.11. Phenoxy Herbicide Restrictions on Timberland. Note: Authority cited: Sections 407, 14001, 14005 and 14006, Food and Agricultural Code. Reference: Sections 14004, 14006.5 and 14009, Food and Agricultural Code. s 2459. Reports and Records. Note: Authority cited: Sections 407, 12781, 12976, 14005, 14102, Food and Agricultural Code. Reference: Sections 12751-13102 and 14001-14104, Food and Agricultural Code. s 2460. Generalized Symptoms, Residues, and Health Hazards. s 2461. Dealer Responsibilities. s 2462. Exempt Materials. s 2463. Hearings Pursuant to Section 14009 of the Food and Agricultural Code. Note: Authority cited: Sections 407 and 14005, Food and Agricultural Code. Reference: Sections 14006.5 and 14007-14011, Food and Agricultural Code. s 2465. Certification Requirements. Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2466. Applications. Note: Authority cited: Sections 407, 14005 and 14102, Food and Agricultural Code. s 2467. Categories and Examinations. Note: Authority cited: Sections 407, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code. s 2468. Refusal, Revocation, and Suspension of a Commercial Applicator Certificate. Note: Authority cited: Sections 407, 12976, 14005 and 14102, Food and Agricultural Code. Reference: Sections 11501, 14001 and 14102, Food and Agricultural Code. s 2469. Non-Certified Applicator Supervision. Note: Authority cited: Sections 407, 12979, 14004.5, 14005, 14033, and 14063, Food and Agricultural Code. Reference: Sections 14001-14104, Food and Agricultural Code. s 2470. Regulation of Environmentally Harmful Materials Used by Structural Pest Control Operators. Note: Authority cited: Sections 407, 12781, 12976, 12981, 14001, 14004.5, 14005, 14010, 14011 and 14102, Food and Agricultural Code. Reference: Sections 14101-14104, Food and Agricultural Code. s 2475. Purpose of Article. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12782, 12979, 12981 and 14005, Food and Agricultural Code. Reference: Sections 11401-12121, 12751-12994, and 14001-14104, Food and Agricultural Code. s 2490. Findings of Fact: Incorporation of Federal Regulations. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005 and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102 and 14001-14104, Food and Agricultural Code. s 2490.1. Limitation on Residues of Pesticide Chemicals. s 2490.2. Tolerances for DDT and Toxaphene. s 2490.3. Severance. Note: Authority cited: Sections 407, 11502, 12005, 12111, 12531, 12561, 12781, 12976, 12981, 14005, and 14006.7, Food and Agricultural Code. Reference: Sections 11401-12121, 12501-12671, 12751-13102, and 14001-14104, Food and Agricultural Code. <<(Chapter Originally Printed 7-25-45)>> Note: Authority cited for repealer of Group 1: Section 407, Agricultural Code. Reference: Sections 54601-54861, Agricultural Code. s 2675. Definitions. Unless otherwise apparent from the context the following definitions apply to this Group 2: (a) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients for animal nutrition. (b) "Official sample" means a sample of commercial feed taken by the secretary or his agent for regulatory purposes. (c) "Process" means any treatment that changes a feed ingredient so that it can no longer be restored to its previous form. (d) "Official name" of ingredients means those defined in Article 14 of this Group 2, provided that in the absence of a definition, the common English name shall be used. (e) "Food additive" has the same meaning as defined in the Food, Drug and Cosmetics Act 21, United States Code, section 321(s). (f) "Sell" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. (g) "Inert material" means ingredients that are not assimilated in the digestive process, including sand, granite grit, charcoal and clay. (h) "Prohibited Mammalian Tissue" is any protein-containing portion of mammalian animals, excluding: blood and blood products, gelatin, inspected meat products which have been cooked and offered for human food and further heat processed for feed (such as plate waste and used cellulosic food casings), milk products (milk and milk proteins), and any product whose only mammalian protein consists entirely of porcine or equine protein; or any material specified in Title 21, Code of Federal Regulations (CFR) Part 589.2000, April 1, 2001. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14925, 14991, 14992(e), 15011 and 15042, Food and Agricultural Code. s 2676. Safety and Efficacy of Drugs and Food Additives. (a) Prior to use or sale of commercial feed containing any additive (including any drug, food additive, or other special purpose additive, or non-nutritive additive) the distributor shall submit evidence to the secretary to show the safety and efficacy of the commercial feed when used according to the directions stated on the label. (b) In determining whether satisfactory evidence of safety and efficacy is shown, the secretary will consider: (1) Whether each additive conforms to the requirements of the applicable regulations in Title 21, Code of Federal Regulations, Parts 570, 573 and 582 or are "prior sanctioned" or "generally recognized as safe (GRAS)" for stated uses. (A) "Prior Sanctioned" is defined in Title 21, Code of Federal Regulations, Part 570.3, as an explicit approval granted with respect to use of a substance in food prior to September 6, 1958, by the Food and Drug Administration or the United States Department of Agriculture pursuant to the Federal Food, Drug and Cosmetic Act, the Poultry Products Inspection Act, or the Meat Inspection Act. (B) "Generally Recognized as Safe (GRAS)" is defined in Title 21, Code of Federal Regulations, Part 570.3, definition of safe, as a reasonable certainty in the minds of competent scientists that the substance is not harmful under the intended conditions of use, and Part 570.30, where general recognition of safety may be based only on the views of experts qualified by scientific training and experience to evaluate the safety of substances directly or indirectly added to food. (2) Whether the feed itself is a drug as defined in Section 14928 of the Food and Agricultural Code and is generally recognized as safe and effective for the label use, or is approved by the Food and Drug Administration under 21 United States Code 360 b. (c) Premixes that contain more than 272.4 milligrams per pound (600 parts per million) added selenium shall be maintained by a daily inventory record that includes the following: (1) The quantity of selenium premixes on hand at the beginning and end of the workday (up to 24 hours). (2) A daily comparison of the actual amount of selenium premix used, with the theoretical or calculated usage. (3) Actions taken to reconcile any discrepancies. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011, 15031 and 15041, Food and Agricultural Code. s 2677. Unlawful Sale or Use of Poisonous Substances. It is unlawful to use or sell a commercial feed containing any poisonous or deleterious substance or any substance which when fed in accordance with label directions or when used in accordance with usual feeding practices may impair the health of the animal being fed or result in an illegal or harmful residue or constituent in or on human food. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041(a), Food and Agricultural Code. s 2678. Unlawful Sale or Use of Material Containing Pesticide Residue. (a) It is unlawful to sell or use commercial feed which contains pesticide residue or drug residue in excess of the tolerance permitted by regulations of the Food, Drug, and Cosmetic Act, Title 21, Part 556, and Title 40, Part 180, Code of Federal Regulations or tolerances set by the director. (b) Tolerances established by the director are: (1) DDT, DDD (TDE), and DDE, total residue: 0.5 part per million in or on commercial feed for animals. (2) Toxaphene: 2.0 parts per million in or on commercial feed used by dairies for dairy animals; 7.0 parts per million for ruminant meat animal production and equines. (3) Kelthane (1,1-bis (p-chlorophenyl)-2,2,2-trichloroethanol): 1.5 parts per million in or on commercial feed for ruminant meat animal production and equines. (4) DEF (S,S,S, Tributyl Phosphorotrithioite), 4 parts per million in or on commercial feed for ruminant meat animal production and equines. (5) Folex (Tributyl Phosphorotrithioite), 0.25 part per million in or on commercial feed for ruminant meat animal production and equines. (c) This section does not authorize application of any pesticide. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041(a), Food and Agricultural Code. s 2679. Fluorine Tolerances. (a) The fluorine content of any mineral or mineral mixtures to be used directly for feeding shall not exceed 0.20 percent for breeding and dairy cattle; 0.30 percent for slaughter cattle; 0.30 percent for sheep; 0.35 percent for lambs; 0.45 percent for swine; and 0.60 percent for poultry. (b) Any fluorine bearing ingredients may be used only in such limited amounts in commercial feed so that they will not increase the flurorine content of the total ration, exclusive or roughage, above the following amounts: for breeding and dairy cattle 0.004 percent; for slaughter cattle 0.009 percent; for sheep 0.006 percent; for lambs 0.01 percent; for swine 0.015 percent; and for poultry 0.03 percent. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15011, Food and Agricultural Code. s 2680. Heavy Metals Prohibited. It is unlawful to sell or use commercial feed intended for direct feeding which contains a heavy metal; provided, however, the following tolerances are permitted: arsenic fifty (50) parts per million, lead thirty (30) parts per million, and mercury two (2) parts per million. Heavy metal contained in drugs which are otherwise permissible, are not subject to this prohibition. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15011, Food and Agricultural Code. s 2681. Animal Proteins Prohibited in Ruminant Feed. (a) The manufacture, distribution and use of commercial feed containing protein derived from prohibited mammalian tissues shall comply with the requirements of Title 21, Code of Federal Regulations, Parts 589.2000, April 1, 2001. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011 and 15041, Food and Agricultural Code. s 2683. Special Mixes. (a) On or before the date of the first delivery of a load, each person that manufactures or prepares a special mix for another person shall furnish to the purchaser either a label that meets the conditions of section 2694 or the following information on an invoice or other document furnished to the purchaser: (1) A numbered invoice or an attached document stating the date of sale and formula number. (2) A guaranteed analysis stating the following: (a) Crude Protein, minimum % (b) Equivalent Crude Protein from Nonprotein Nitrogen, maximum (If Present) % (c) Crude Fat, minimum % (d) Crude Fiber, maximum % (e) Ash, maximum % (f) Maximum percentage of sodium, if more than one-half of one percent (0.5%) of sodium is present. (g) In the case of any formula feed which contains more than nine percent ash, the minimum and maximum percentage of calcium (Ca), minimum percentage of phosphorus (P) and the maximum percentage of sodium (if present). (3) The official name and percent or pounds of each ingredient and if any formula feed is used, the percent or pounds of the formula feed. (4) If a formula feed is used, the label for the formula feed meeting the requirements of section 2694 must be attached to the numbered invoice. (5) A special mix that contains a drug must be accompanied by all information required in section 2701 with each delivery. (b) The shipping document that accompanies each subsequent delivery shall provide a label which meets the terms of section 2694, or shall plainly and prominently show the original special mix in the following manner: "Ingredient listings and guarantee of analysis accompanying formula number ( ) applies to this delivery." The shipping document must also contain the name, address and telephone number of the purchaser. Whenever any change is made in the composition of the special mix the purchaser shall be supplied with a newly numbered formula showing the required information on or before the date of the first delivery. Upon request, the manufacturer must provide the above documentation as required by director. (c) The seller shall retain a copy of each formula for one year subject to inspection by the director. No two formulas issued in one calendar year shall bear the same number. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992(e), 14993 and 14994, Food and Agricultural Code. s 2684. Bulk Sale. The net weight of any special mix which is sold in bulk shall be affirmed by a weighmaster's certificate of weight and measure. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14993, Food and Agricultural Code. s 2685. Packaged Sale. If packaged, each package of a special mix shall have attached to it a label with all the information required in Section 2683. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992 and 14993, Food and Agricultural Code. s 2686. Resale. It is unlawful to resell a special mix unless properly labeled to meet the requirements of this Group 2. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14994, Food and Agricultural Code. s 2688. Required Use of Official Names. The official name of each ingredient in reference to commercial feed in labeling and advertising shall be from the official feed name found in Article 14. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code. s 2689. Classification of Ingredients. The director will examine all ingredients used in feed on the basis of materials, label and advertising claims, and generally accepted usage, and determine whether each is a drug, food additive, special purpose additive or nutritional ingredient. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code. s 2690. Specificity of Directions. The director may disapprove directions which are incapable of being followed, or are unlikely to be followed in usual feeding practices. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992(f), Food and Agricultural Code. s 2691. Statement of Ingredients Outside List. It is unlawful to show any ingredient outside the list of ingredients, whether in a tradename, trademark or otherwise, unless the percentage of the ingredient in the mix is shown in the same size type. Such statement shall not be shown in a misleading manner. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992, Food and Agricultural Code. s 2692. Inert Materials. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992(d) and 15011, Food and Agricultural Code. s 2693. Complete Label Required. Each lot or parcel of commercial feed shall bear a complete label as required by sections 14991 and 14992 of the Food and Agricultural Code. Any supplemental representation of the commercial feed, whether or not attached to the label, must correspond fully with the information stated on the label and apply to the complete feed. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991 and 14992, Food and Agricultural Code. s 2694. Label Statements. The tag or label shall contain a legible and plainly printed statement which certifies to all of the following: (a) Minimum percent of crude protein. (1) Commercial feeds containing non-protein nitrogen must be labeled in accordance with Section 2707. (b) Minimum percent of crude fat. (c) Maximum percent of crude fiber. (d) Maximum percent of ash. (1) Guarantees for the minimum and maximum percentage calcium, minimum percentage phosphorus, and maximum percentage of sodium may be stated in lieu of the ash guarantee. (2) In the case of any formula feed which contains more than 9.0 percent ash, the minimum and maximum percentage of calcium, minimum percentage of phosphorus and maximum percentage of sodium shall be guaranteed, if present. (e) Recognized official name of each ingredient in order of decreasing amounts present. The name of each ingredient shall appear in the same size, style and color and shall not be misleading. The following descriptive terms used in identification of ingredients in article 14 are not required in the list of ingredients unless it expressly states: "Mechanically Extracted," "Solvent Extracted," or "Feed Grade." (f)(1) A single ingredient product using the official name defined in Article 14, Definitions and Standards, is not required to have an ingredient statement. (2) The labeling for a single ingredient shall contain guarantees required by this section and the minimum and/or maximum specifications included in the product definition in Article 14, Definitions and Standards. (3) A single ingredient is not required to guarantee maximum percentage of ash unless it is specified by definition in Article 14. (g) Maximum percentage of low nutrition ingredients in a formula feed if they singly or collectively make up more than one percent. (h) Trademarked products can be contained in the ingredient listing in parentheses with the ingredients in the product listed in decreasing amounts present. (i) Inert materials contained in a formula feed shall be guaranteed if they singly or collectively make up no more than one percent. (j) Maximum percentage of sodium, if more than 0.5 percent of sodium is present. (k) Numerical value shall be guaranteed for any special quality claimed, including vitamin potency, amino acid content or special mineral content. ( l) Maximum percentage of moisture or minimum percentage dry matter shall be guaranteed when moisture exceeds 15.0 percent. When dried animal waste is used in a mixed feed, the moisture of the mixed feed shall not exceed 12.0 percent. (m) Vitamins shall be guaranteed in the terms specified in section 2702. Guarantees for vitamins are not required when commercial feed is neither formulated for nor represented in any manner as a vitamin supplement. (n) Any ingredient that is used as a carrier for vitamin, medicated or mineral premixes, may be omitted from the label and substituted with the collective term "roughage products," if the premix makes up one percent or less of the formula feed. The term "roughage products" may be omitted from the formula feed listing of ingredients. (o) Additional guarantees must be measurable by an analytical method approved by the Secretary. (p) Commercial feeds containing added selenium must be labeled in accordance with section 2697 (Labeling for Special Purposes). Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Sections 14992, 15011 and 15042, Food and Agricultural Code. s 2695. Collective Terms. (a) The term "grains" may be used as an ingredient name. However, when one or more grains are named, no substitution shall be made. The form of the grain may be rolled, burred, cracked, ground, whole or pelleted. A statement of form is optional. The ingredients which may be included as "grains" are: (1) Barley, as defined in section 2776(a); (2) Corn, as defined in section 2782(c); (3) Grain sorghums, as defined in section 2797(a); (4) Oats, as defined in section 2791(a); (5) Rye, as defined in section 2795(a); and (6) Wheat, as defined in section 2800(a). (b) The term "roughage products" may be used as an ingredient name only in labeling medicated, mineral and vitamin premixes if the labeled recommended use level of the premix in the total ration is specified to be one percent or less of the total ration. The ingredients which may be included as "roughage products" are: (1) Almond Hull products, as defined in section 2773.5; (2) Barley Hulls, as defined in section 2776(d); (3) Corn Cob Fractions; (4) Cottonseed Hulls, as defined in section 2783(i); (5) Grape Pomace, as defined in section 2785(a); (6) Oat Hulls, as defined in section 2791(c); (7) Rice products, as defined in section 2794(f) and (g); (8) Rye, Mill Run, as defined in section 2795(a); (9) Soybean Hulls, as defined in section 2798(c); (10) Soybean Mill Feed, as defined in section 2798(i); (11) Soybean Mill Run, as defined in section 2798(j); (12) Citrus Meal, Dried Citrus Pulp, as defined in section 2802(f); and, (13) Wheat products, as defined in Section 2800. Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Section 14992(e), Food and Agricultural Code. s 2696. Guarantees. (a) All guarantees shall apply to the whole feed rather than any single ingredient, except as required in section 2683, and shall be based on a recognized laboratory method of determination. (b) Misleading and indefinite statements concerning ingredients and value of ingredients of the feed are prohibited. Included within this prohibition is the use of such terms as "better," "high," "increased," "greater," "low," "decreased," and "less." (c) All guarantees shall be stated in percent unless expressly provided to the contrary as required by sections 2683 and 2702. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(d), Food and Agricultural Code. s 2697. Labeling for Special Purposes. (a) Each delivery of commercial feed, other than a special mix, shall be accompanied by a label containing the information required by section 2694. (b) The guarantees required by section 2694 may be replaced with guarantees pertinent to special purpose commercial feeds and feed ingredients when the feed is sold primarily for drug, mineral, or vitamin content; or when labeled in accordance with Sections 2783.5, 2788(g), (h), (i), (j), (l), (m), 2789(p), (r), (t), (u), 2790, 2790.5, 2790.7 and 2802(e). (c) Premixes processed by a manufacturer for use in commercial feed shall be identified. These products are subject to inspection, and shall conform to the definitions and standards which apply to the product or the claims made. (d) Commercial feeds containing more than 0.3 parts per million (ppm) added selenium shall include the following on the label: (1) A guaranteed analysis statement for the minimum and the maximum parts per million (ppm) of selenium. (2) Feeding and/or mixing instructions that bear adequate directions for the safe and permitted use of a feed containing added selenium, including the maximum permitted levels of use for a specific species. (3) The statement "Caution: Follow label directions: Feeding added selenium at levels in excess of 0.3 ppm in the total diet is prohibited." (e) Computer, generated labels may be used provided all labeling requirements are met. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14993, 15011 and 15041, Food and Agricultural Code. s 2698. Labeling Liquid Feed. All liquid feed supplements shall be labeled in accordance with the requirements found in Section 2694. In addition, the label shall include the minimum percentage of total sugar expressed as invert and maximum percentage of moisture or the minimum percentage of dry matter. Guarantees for crude fat or crude fiber are not required in liquid feed when there is less than one percent of either constituent. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14991, 14992 and 14993, Food and Agricultural Code. s 2700. Use of Drugs in Commercial Feed. All feeds containing drugs and food additives shall comply with the requirements of Title 21, Code of Federal Regulations, Parts 225, 558, 570, 573 and 582. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 15011, 15031 and 15041, Food and Agricultural Code. s 2701. Labeling of Feeds Containing Drugs. Without exception, each delivery of commercial feed containing drugs must be accompanied by a label, invoice or delivery document stating in a prominent manner: (a) The name and quantity of each drug and active ingredient. (b) The purpose of each drug and active ingredient. (c) The term "MEDICATED" prominently displayed immediately above or below the name of the feed. (d) Adequate directions for use. (e) Warnings against use of the feed under contra-indicated conditions, including danger to the health of the animal, and warnings against use of the animal or its products for particular purposes when necessary. (f) Withdrawal warnings where necessary to assure compliance with residue limitations imposed by regulation. (g) Each batch or production run of medicated feed shall be identified with its own individual batch or production run number, code, date or other suitable identification. Bulk feed shall have this information stated on the label, invoice or shipping document. Sacked or packaged feed shall have the lot number applied to the label, sack or package. This identification shall be adequate to facilitate the tracing of the complete manufacturing and distribution history of the product. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14992(f) and 15011, Food and Agricultural Code. s 2702. Drug and Food Additive Guarantees. Drugs and food additives in commercial feed shall be guaranteed in percentage except: (a) Drugs, where the statement of dosage is in milligrams, shall be guaranteed in milligrams per pound. (b) Antibiotics shall be guaranteed in milligrams per pound, except as required by subsection (c). (c) Commercial feed containing antibiotics in amounts less than 2,000 grams per ton of feed shall be labeled to show the grams of antibiotic per ton; or if present in amounts more than 2,000 grams per ton shall be labeled to show the grams of antibiotic per pound of feed. (d) Vitamin A shall be guaranteed in International United States Pharmacopoeia (U.S.P.) units per pound. (e) Vitamin D shall be stated in International or United States Pharmacopoeia (U.S.P.) units per pound. (f) Vitamin E shall be guaranteed in International Units (I.U.) per pound. (g) All other vitamins shall be guaranteed in milligrams per pound. (h) All guarantees for vitamin content shall be stated as true vitamins, not compounds. Vitamin K shall be guaranteed as Menadione. The actual form of the vitamin added may be stated as the true vitamin (examples include D-Activated Animal Sterol, Vitamin A Acetate, A-Tocopherol Acetate) or as other commonly recognized terms (examples include Vitamin D 3 Supplement, Vitamin A Supplement, Vitamin E Supplement). Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14903, 14991 and 14992(e), Food and Agricultural Code. s 2703. Net Weight Statement. The net weight statement on the label shall comply with requirements of Division 5 of the Business and Professions Code. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(a), Food and Agricultural Code. s 2704. Screenings in Wheat Products. The admixture of any proportion of wheat screenings with wheat bran or wheat shorts requires a declaration to that effect in the principal brand name. For example: (a) wheat bran with ground wheat screenings; (b) wheat shorts with ground wheat screenings; (c) wheat mixed feed with wheat screenings. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(e), Food and Agricultural Code. s 2705. Standards Not Changed by Addition of Screenings. The crude fiber standards, as shown in the various definitions for grains and mill by-products, shall not be altered by the addition of screenings. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15041(b) and (c), Food and Agricultural Code. s 2706. Materials Requiring Percentage Listings. The director may require the percentage listing of any materialwhich he finds to be of minimal nutritional value. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992(d), Food and Agricultural Code. s 2707. Use of Nonprotein Nitrogen Products. (a) Urea and other nonprotein nitrogen products defined in section 2790.7 are acceptable ingredients in commercial feeds for ruminants. They may be used in commercial feed for other animals only with approval by the Director. (b) Ingredient sources of non-protein nitrogen such as Urea, DiAmmonium Phosphate, Ammonium Polyphosphate Solution, Ammonium Sulfate, or other basic non-protein nitrogen ingredients defined by regulation shall be guaranteed as follows: (1) Minimum percentage of Nitrogen. (2) Minimum percentage of Equivalent Crude Protein from Non-Protein Nitrogen. (c) Formula feed containing nonprotein nitrogen products shall be labeled as follows: The maximum percent of equivalent crude protein from nonprotein nitrogen shall appear immediately below the guarantee for the minimum percent of crude protein. (d) If the commercial feed, including liquid feed contains more than 8.75 percent equivalent crude protein from all forms of nonprotein nitrogen, or if the equivalent crude protein from all forms of nonprotein nitrogen exceeds one-third of the total crude protein, the label shall bear a warning statement followed by feeding directions for the safe use of the feed. The warning statement shall be in prominent bold type against a contrasting background. WARNING EXCESSIVE CONSUMPTION MAY RESULT IN ADVERSE TOXIC REACTION USE ONLY AS DIRECTED (e) Directions for use must be stated in a manner that when followed correctly will prevent toxic reaction from over-consumption. The directions shall include the following: Consumption should be carefully controlled until animals become adjusted to the feed. Additional care should be exercised with starved, stressed or debilitated animals. Recommended daily intake levels shall be given, as well as the statement that all manufacturer's directions for use must be followed carefully. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992(d) and (f), Food and Agricultural Code. s 2708. Vitamin Premixes. Note: Authority cited: Sections 407, 14902 and 14992, Food and Agricultural Code. Reference: Sections 14991 and 14992(e), Food and Agricultural Code. s 2712. Misleading Advertising Prohibited. No printed, written, or advertising matter concerning commercial feed shall contain any statement, design, or device which is false, or misleading. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15031, Food and Agricultural Code. s 2717. Reports of Inspection and Analysis. (a) When an official sample has been taken and the analysis made, all financially interested parties shall be supplied with a copy of the report of inspection and analysis. (b) If the analysis of an official sample shows that a lot of commercial feed has been sold or offered for sale in violation of any requirement of law or regulation, the report of inspection and analysis shall state the violations found. (c) Reports of inspection and analysis apply only to the specific lot represented by the sample. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14902 and 15021, Food and Agricultural Code. s 2719. Use of Reports in Advertising Prohibited. It is unlawful to use the name of the Department of Food and Agriculture or any of its employees or any reference to a report of inspection and analysis made by the Department in connection with any advertising of commercial feed. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14902, Food and Agricultural Code. s 2725. Reuse of Containers. Containers used in the manufacture, distribution and sale of commercial feed shall be suitable for the intended use, sanitized when necessary and cleaned after use, when necessary, to prevent contamination or adulteration of the product. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14902, Food and Agricultural Code. s 2733. Misbranding. A commercial feed shall be deemed to be misbranded: (a) If it is distributed under the name of another commercial feed. (b) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a feed ingredient or ingredients, unless the commercial feed or feed ingredients conform to the definitions prescribed in this Group 2. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15031, Food and Agricultural Code. s 2734. Adulteration. A commercial feed shall be deemed to be adulterated: (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subsection if the quantity of such substance in such commercial feed does not render it injurious to health; or (2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive); or (3) If it is, or it bears or contains any food additive which is unsafe within the meaning of section 409 of the Federal Food, Drug, and Cosmetic Act; or (4) If it is a raw agricultural commodity and it bears or contains a pesticid chemical which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act. (5) If it is, or it bears or contains any color additive which is unsafe within the meaning of section 721 of the Federal Food, Drug and Cosmetic Act. (6) If it contains more than 20 parts per billion Aflatoxin B 1 except as provided in Section 2735(e). (b) The use or intended use in ruminant feed of any material that contains protein derived from prohibited mammalian tissues causes the feed to be adulterated and in violation of the Food and Agricultural Code. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15011 and 15041, Food and Agricultural Code. s 2735. Supplemental Cottonseed Product Controls. This section supplements the control of cottonseed products to ensure that these products meet the tolerance for aflatoxin B1, established in Section 2734(a)(6). (a) Each lot, or truck, railcar, ship, barge, container, air transport, or any other means of transportation of cottonseed products originating outside of California, as a condition of entry into California, shall be accompanied by the following: (1) A completed form furnished by the secretary (Certificate of Movement of Cottonseed Products, Rev. 5-97), incorporated by reference, stating the origin and destination of the cottonseed products. (2) An analysis certificate reporting the results of sampling and laboratory testing for aflatoxin B1, showing compliance with the aflatoxin B1tolerances stated in Section 2734(a)(6), the name of the testing laboratory, and the testing laboratory report number representing the lot of cottonseed products identified on the certificate. (3) A label with guaranteed analyses that complies with Section 2694 and Section 2783. (b) Shipment of cottonseed products, which do not meet the tolerance for aflatoxin B1established in Section 2734(a)(6), shall be refused entry into California, except for entry for transportation to a site operating under authority of the secretary for aflatoxin detoxification or oil extraction, with the exception of products intended for export or non-feed usage, or exempted by subsection (e) of this section. (c) Documentation for all shipments, originating outside of California, by railcar, truck, ship, barge, container, or air transportation, with the exception of products intended for export or non-feed usage, shall be mailed to the Department on or before the shipment date and documents shall be affixed to, or accompany the lot to the purchaser. All truck shipments shall submit to inspection at California border stations and a copy of all required documentation shall accompany the lot to the purchaser. Failure to obtain such document inspection, or diversion after document inspection, shall be grounds for seizure and quarantine of the shipment. (d) Cottonseed products originating in Riverside and Imperial counties of California shall move only to a detoxification or oil extraction site approved by the secretary, unless the products are certified by laboratory testing showing that the product is within the tolerance for aflatoxin B1established in Section 2734(a)(6). Such laboratory certifications shall be affixed to, or accompany the lot to the purchaser. (e) Cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb. may be fed to beef cattle in Imperial County under the following conditions: (1) Shipments into Imperial County shall be made by sealed trailer or sealed railcar. (2) All cottonseed meal entering Imperial County that exceeds the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb shall be accompanied by an analysis certificate showing the results of laboratory sampling and testing, as required by Section 2735(a). (3) All Imperial County beef cattle feedlots receiving shipments of cottonseed meal, meeting the requirements of Section 2735(e), shall sign the Certificate of Movement on Cottonseed Products and return it, as required by Section 2735(b), to the Department of Food and Agriculture, Division of Inspection Services, 1220 N Street, Sacramento, California, 95814. (4) Once delivered to a beef cattle feedlot in Imperial County, cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below federal action level for aflatoxin B1of 300 ppb shall not be removed from the feedlot premises except for testing purposes. (5) It is a violation of Sections 15071, 15071.5 and 15072, Food and Agricultural Code, for any person to distribute, sell or transport or otherwise remove cottonseed meal exceeding the 20 ppb tolerance for aflatoxin B1but below the federal action level for aflatoxin B1of 300 ppb from a beef cattle feedlot in Imperial County. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15041, 15071, 15071.5, 15072 and 15073, Food and Agricultural Code. s 2746. Removal from Sale. (a) The results of analysis determining whether the seized commercial feed is in violation of law shall be made known to the person having control of the feed within 5 working days. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15076, Food and Agricultural Code. s 2750. Tax Payment. (a) Each person holding a commercial feed license shall pay the inspection tonnage tax as required in section 15062 of the Food and Agricultural Code. (b) Reports of taxable sales shall be made quarterly to the director not later than one calendar month after March 31, June 30, September 30, and December 31 on a form furnished by the director. Quarterly reports and payments become delinquent on May 1, August 1, November 1, and February 1, for the respective preceding quarter. (c) Sales of commercial feed amounting to a tonnage tax of zero dollars (0) or up to five hundred dollars ($500) may be submitted as an estimate for the entire year on the first quarter tonnage tax payment. A fourth quarter report shall be required if there are any adjustments for the calendar year's tonnage tax payment. (d) A completed tax report must be filed for each quarter whether or not taxable sales have been made in that period, except as provided in Section 2750(c). (e) Each licensee shall keep accurate records of sales of commercial feed which shall be available for examination by the director and shall include the date of sale, to whom sold, the name and net weight of the product sold. The records shall be maintained to support the reports for the previous 3 years. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 15061 and 15062, Food and Agricultural Code. s 2751. Licensing. (a) Exemptions from license requirements provided in Section 15051 of the Food and Agricultural Code shall apply only to retail stores selling bagged or packaged commercial feed labeled by a licensed feed manufacturer. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15051, Food and Agricultural Code. s 2760. Damaged Feed. (a) Damaged feed shall be deemed adulterated and unlawful for sale except under permit of the director. Feed shall be deemed damaged when it or any ingredient has been affected by smoke, heat, water, mold, or contamination by any foreign substance to such an extent as to affect the nutritive value, therapeutic value, palatability, or wholesomeness of the feed. (b) Any person in possession of damaged feed shall notify the director as soon as practicable after the event causing the damage and shall withhold use of the damaged feed until approved by the director. Within 5 working days of receipt of notification, except in emergency conditions, the director will make such inquiry and tests as he deems necessary, or may require the person in possession to demonstrate the extent of damage by sampling, testing, and other procedures as the director deems necessary. (c) If the director determines that the damaged feed is suitable for use as commercial feed without restriction, he shall so notify the person in possession. Such feed shall not be deemed adulterated. (d) If the director finds that he damaged feed should be permitted to be used only upon certain conditions, including reconditioning and special labeling, he may issue a permit to the person in possession for such use, requiring such conditions to be met, and may require protective controls and reports as he deems necessary. (e) If the director determines that the feed is damaged to such an extent as to be unsuitable for use as commercial feed, he shall require the person in possession to destroy the feed or dispose of it in such a manner that it cannot be used as feed and may require controls and reports as he deems necessary. (f) The director will require that all damaged feed containing drugs be disposed of as provided in subsection (e) and it is unlawful to sell or use such damaged feed. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15041, Food and Agricultural Code. s 2765. Violations. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 15072, Food and Agricultural Code. s 2766. Medicated Feed. It is unlawful to use any medicated feed except in compliance with all directions on the tag or label. Note: Authority cited: Sections 407, and 14902, Food and Agricultural Code. Reference: Section 15073, Food and Agricultural Code. s 2770. Feed Ingredients. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14902 and 15011, Food and Agricultural Code. s 2773. General Provisions for Processed Alfalfa Products. (a) Chopped alfalfa, alfalfa meal, dehydrated alfalfa, alfalfa leaf meal, alfalfa stem meal, alfalfa straw meal, alfalfa pellets, alfalfa wafers, alfalfa cubes, and other forms of processed alfalfa shall be prepared only from the processing of entire alfalfa hay without the addition of foreign materials, except as specifically permitted herein, and shall not contain more than 10 percent of other crops and weeds. (b) Alfalfa products may contain state or federally approved antioxidants and in addition may contain not more than 2 percent of added animal or vegetable fat to control dustiness without stating same as part of the name of the product; provided, however, the label shall state the presence of such antioxidant and added animal or vegetable fat. (c) The label may include a guarantee of the beta carotene content of alfalfa products, expressed in milligrams per pound, and such guarantee may be accompanied by an expiration date. No reference shall be made to the quantity of vitamin A equivalent which may be derived by the animal. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2773.1. Alfalfa Products. (a) The name of an alfalfa product may include the word "dehydrated" only when the product is prepared entirely from freshly cut alfalfa having a moisture content of not less than 70.0 percent before being artificially dried at a temperature of not less than 212 degrees Fahrenheit for a period of not more than 45 minutes. Dehydrated alfalfa products shall contain not less than 15.0 percent crude protein and not more than 28.0 percent crude fiber. If the product does not meet the above standards it shall be called a dehydrated forage product. (b) Chopped Alfalfa is the entire alfalfa hay, chopped but not ground finely enough to become a meal, without the addition of any alfalfa stems, alfalfa straw, or other foreign material, or removal of the leaves and containing not less than 15.0 percent protein and not more than 30.0 percent crude fiber. (c) Alfalfa Meal is obtained from the grinding of the entire alfalfa hay, without the addition of any alfalfa stems, alfalfa straw, or foreign material, or the removal of the leaves and containing not less than 15.0 percent protein and not more than 30.0 percent crude fiber. (d) Alfalfa Leaf Meal is the ground product consisting chiefly of leafy materials separated from alfalfa hay containing not more than 18.0 percent crude fiber. (e) Forage Meal is a mixture of alfalfa hay with alfalfa straw or other hays, straws or legumes and contains not less than 8.0 percent protein and not more than 38.0 percent fiber. (f) Alfalfa Stem Meal is the ground product remaining after the separation of the leafy material from alfalfa hay or meal. When used in a mixture, the maximum percent of stem meal shall be stated in the list of ingredients. (g) Alfalfa pellets, cubes, wafers, and other extruded forms of alfalfa are obtained from processing the entire alfalfa, without the addition of any alfalfa stems, alfalfa straw or foreign material and shall contain not less than 15.0 percent crude protein and not more than 30.0 percent crude fiber. (h) Alfalfa Nutrient Concentrate is the product obtained from the extracted juice of freshly cut alfalfa, by coagulation, separation from the alfalfa solubles and subsequent dehydration. The product should express both protein and Xanthophyll guarantees. (i) Concentrated Alfalfa Solubles is the product obtained by the concentration of the liquid remaining after the separation of Alfalfa Nutrient Concentrate from the juice of freshly cut alfalfa. The moisture level should not exceed 50.0 percent. (j) If the alfalfa products defined in this section do not comply with the standards indicated in every respect, the term "forage" must be substituted for the word "alfalfa" in the name of the product. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2773.5. Almond Hull Products. (a) Almond hulls are obtained by drying that portion of the almond fruit which surrounds the nut. They shall not contain more than 13.0 percent moisture, nor more than 15.0 percent crude fiber, and not more than 9.0 percent ash. If they contain more than 15.0 percent but less than 29.0 percent crude fiber, they shall be labeled "Almond Hull and Shell," and the maximum percent of crude fiber shall be stated. If the crude fiber exceeds 29.0 percent, the product shall be labeled "Almond Shell." If the ash exceeds 9.0 percent, the term "and dirt" shall be included in the product name. Almond hull products shall be free of foreign material, including plastic, glass, and metal except in such trace amounts as unavoidably occur in good manufacturing practices. (b) When the following almond hull products are used in a mixed feed, the maximum percent shall be stated. (1) Almond hull and shell. (2) Almond shell. (3) Almond products containing more than 9.0 percent ash. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2774. Animal Products. (a) General Provision: The following general provisions apply to animal products: (1) If an approved antioxidant is added to animal products, it need not be shown in the brand name. However, the name of the antioxidant shall be clearly shown on the label. Digestibility tests referred to in this section shall use the A.O.A.C. method. (2) Animals other than livestock shall be excluded from all animal products except dry rendered tankage. (3) All animal products must be pathogen free and produced by a commercial renderer operating in conformance with the standards of section 1180.26 of this Title 3. Any animal protein product sold as pure porcine shall be so labeled, pursuant to Title 21 CFR 589.2000, April 1, 2001. (b) Meat Meal is the dry rendered product from mammal tissues, exclusive of any added blood, hair, hoof, horn, hide trimmings, manure, stomach and rumen contents, except in such amounts as may occur unavoidably in good manufacturing practices. It shall not contain added extraneous materials not provided for by this definition. The Calcium (Ca) level shall not exceed the actual level of Phosphorus (P) by more than 2.2 times. It shall not contain more than 12.0 percent Pepsin indigestible residue and not more than 9.0 percent of the crude protein in the product shall be pepsin indigestible. The label shall include guarantees for minimum crude protein, minimum crude fat, maximum crude fiber, minimum Phosphorus (P) and minimum and maximum Calcium (Ca). (c) Meat and Bone Meal is the dry rendered product from mammal tissues, including bone, exclusive of any added blood, hair, hoof, horn, hide trimmings, manure, stomach and rumen contents, except in such amounts as may occur unavoidably in good manufacturing processing practices. It shall not contain added extraneous materials not provided for in this definition. It shall contain a minimum of 4.0 percent phosphorus (P) and the calcium (Ca) level shall not be more than 2.2 times the actual Phosphorus (P) level. It shall not contain more than 12.0 percent pepsin indigestible residue and not more than 9.0 percent of the crude protein in the product shall be pepsin indigestible. The label shall include guarantees for minimum crude protein, minimum crude fat, maximum crude fiber, minimum Phosphorus (P) and minimum and maximum Calcium (Ca). (d) Blood Meal is produced from clean, fresh animal blood, exclusive of all extraneous materials such as hair, stomach belchings and urine, except as might occur unavoidably in good processing practices. The process used must be listed as a part of the product name such as conventional cooker dried, steamed or hydrolyzed. (e) Poultry By-Product Meal consists of the ground, rendered, clean parts of the carcass of slaughtered poultry, such as necks, feet, undeveloped eggs, and intestines, exclusive of feathers, except in such amounts as might occur unavoidably in good processing practices. The label shall include guarantees for minimum crude protein, minimum crude fat, maximum crude fiber, minimum phosphorus (P), and minimum and maximum calcium (Ca). The Calcium (Ca) level shall not exceed the actual level of phosphorus (P) by more than 2.2 times. (f) Poultry Hatchery By-Product is a mixture of egg shells, infertile and unhatched eggs, and culled chicks which have been cooked, dried, and ground, with or without removal of part of the fat. (g) Hydrolyzed Poultry Feathers is the product resulting from the treatment under pressure of clean, undecomposed feathers from slaughtered poultry, free of additives and accelerators. Not less than 75.0 percent of its crude protein content shall be digestible by the pepsin digestibility method. (h) Dry Rendered Tankage is a dry rendered product consisting of undecomposed whole animals, including hair, hoof, horn, hide, feathers, and viscera, with no additional hair, hoof, horn, hide, feathers, or viscera added. (i) Dried Meat Solubles is obtained by drying the defatted water extract of the clean, wholesome parts of slaughtered animals prepared by steaming or hot water extraction. It shall be designated according to its crude protein content which shall be no less than 70.0 percent. (j) Fleshings Hydrolysate is obtained by acid hydrolysis of the flesh from fresh or salted hides. It is defatted, strained, and neutralized. If evaporated to 50.0 percent solids, it shall be designated "Condensed Fleshings Hydrolysate". It shall have a minimum crude protein and maximum salt guarantee. (k) Animal By-Product Meal is the rendered product from animal tissues, exclusive of any added hair, hoof, horn, hide trimmings, manure, stomach and rumen contents, except in such amounts as may occur unavoidably in good processing practices. It shall not contain added extraneous materials not provided for by this definition. This ingredient definition is intended to cover those individual rendered animal tissue products that cannot meet the criteria as set forth elsewhere in this section. This ingredient is not intended to be used to label a mixture of animal tissue products. ( l) Hydrolyzed Hair is a product prepared from clean, undecomposed hair, by heat and pressure to produce a product suitable for animal feeding. Not less than 80.0 percent of its crude protein shall be digestible by the pepsin digestibility method. (m) Hydrolyzed Leather Meal is produced from leather scrap that is treated with steam for not less than 33 minutes at a pressure not less than 125 pounds per square inch and further processed to contain not more than 10.0 percent moisture, not less than 60.0 percent crude protein, not more than 6.0 percent crude fiber, not more than 2.75 percent chromium, and with not less than 80.0 percent of its crude protein digestible by the pepsin digestibility method. Hydrolyzed leather meal may be utilized in livestock feeds as provided in food additive regulation, Title 21 of the Code of Federal Regulations, CFR Part 573.540, April 1, 2001. (n) Sprayed Dried Animal Blood is produced from clean, fresh animal blood, exclusive of all extraneous material such as hair, stomach belching, urine, except in such traces as might occur unavoidably in good factory practice. Moisture is removed from the blood by a low temperature evaporator under vacuum until it contains approximately 30.0 percent solids. It is then dried by spraying into a draft of warm, dry air which reduces the blood to finely divided particles with a maximum moisture of 8.0 percent and a minimum crude protein of 85.0 percent. It shall be designated according to its minimum water solubility. (o) Egg Shell Meal is a mixture of egg shells, shell membranes and egg content obtained by drying the residue from an egg breaking plant in a dehydrator to an end product temperature of 180 [FNo] Fahrenheit. It shall be designated according to its crude protein and calcium content. (p) Egg Product is product obtained from egg graders, egg breakers and/or hatchery operations that is dehydrated, handled as liquid, or frozen. This product shall be free of shells or other non-egg materials except in such amounts which might occur unavoidably in good processing practices, and contain a maximum ash content of 6.0 percent on a dry matter basis. (q) Poultry Meal is the dry rendered product from a combination of clean flesh and skin with or without accompanying bone, derived from the parts of whole carcasses of poultry or a combination thereof, exclusive of feathers, heads, feet, and entrails. It shall be suitable for use in animal food. If it bears a name descriptive of its kind, it shall correspond thereto. (r) Blood Meal, Flash Dried is produced from clean, fresh animal blood, exclusive of all extraneous material such as hair, stomach belchings and urine except as might occur unavoidably in good manufacturing processes. A large portion of the moisture (water) is usually removed by a mechanical dewatering process or by condensing by cooking to a semi-solid state. The semi-solid blood mass is then transferred to a rapid drying facility where the more tightly bound water is rapidly removed. The minimum biological activity of lysine shall be 80.0 percent. (s) Glandular Meal and Extracted Glandular Meal is obtained by drying liver and other glandular tissues from slaughtered mammals. When a significant portion of the water soluble material has been removed, it may be called Extracted Glandular Meal. (t) Animal Plasma is the product obtained by spray drying plasma which has been separated away from the cellular matter (red and white blood cells) of fresh whole blood by chemical and mechanical processing. The protein portion of this product is primarily albumin, globulin, and fibrinogen type proteins. The minimum percent crude protein and the maximum percent ash shall be guaranteed on the label. (u) Ensiled Paunch Product is a product composed of the contents of rumen of slaughtered cattle. The moisture level is reduced to 50.0-68.0 percent. The product is then packed into an airtight environment, such as a silo, where it undergoes an acid fermentation that retards spoilage. The ensiled product will have a pH of 4.0 or less. (v) Leather Hydrolyzate is obtained from leather trimmings that are pressure cooked with the addition of steam and sodium hydroxide. Chromium is precipitated and separated so that not over 30 ppm (Solids Basis) remain in the hydrolyzate. This product can be used as a liquid ingredient or as a powder. In either event, the analysis on "as a solids basis" will not be less than 75.0 percent crude protein and not less than 85.0 percent of the protein shall be pepsin digestible. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992, 15011 and 15041, Food and Agricultural Code. s 2774.5. Processed Animal Waste Products. It is unlawful to sell or use commercial feed containing animal waste products in violation of this section. (a) Licensing and Processing Requirements. (1) Commercial feed licensees shall apply to the director for endorsement to the license authorizing the processing, manufacturing, and selling of processed animal waste products. It is unlawful to process, manufacture or sell processed animal waste products without being licensed with a commercial feed license so endorsed. (2) The applicant shall submit to the director a description of the facilities and equipment to be used in the processing and manufacturing of animal waste products, and protocol to be followed during operation. If the director is satisfied that the facilities, equipment and protocol are adequate to fulfill the requirements for the product, he shall issue the endorsement, subject, however, to the condition that it may be summarily suspended whenever the director has reason to believe that the approved procedures are not being complied with or that the product may contain pathogenic organisms. (3) Each process approved by the director shall result in pathogen free products at all times, and be substantiated by process controls. The director may require the use of recording devices and thermometers, and a periodic schedule of sampling and laboratory examinations, and such other records he deems necessary. (b) General Provisions. (1) Processed animal waste is a processed product composed of total excreta, with or without litter, from poultry or ruminant animals. It shall not contain levels of drug residue, pesticide residue, or other toxic or deleterious substances that could be harmful to animals or result in harmful or unlawful residue levels in their tissues or by-products. (2) Commercial feeds containing dried animal waste products shall not exceed 12 percent moisture. (3) It shall not be used in feed for lactating dairy animals. (4) When used in a mixed feed, the maximum percentage shall be stated. (5) Animal waste products wherever sold, held for sale or offered for sale shall conform with the requirements of this section. Such products which are produced and utilized on the premises and are used entirely for feeding on the premises by the person whose animals produced the products, shall conform generally to the provisions of this section provided, however, the secretary may grant a non-fee restricted license and endorsement to such users. (6) Any processed animal waste product which does not meet the standards for the product shall be immediately destroyed or subjected to further processing until the standards are met. Any noncomplying products may be condemned and disposed of in a manner prescribed by the secretary at the expense of the licensee or person in possession. (c) Dried Poultry Waste is processed undiluted poultry excreta collected from cage layer flocks. The product must be uniform and contain not less than 25.0 percent crude protein, not more than 15.0 percent crude fiber and not more than 35.0 percent ash. It shall be labeled to show the maximum moisture, minimum crude protein, maximum equivalent crude protein from non-protein nitrogen, minimum fat, maximum fiber, maximum ash, the maximum and minimum calcium (Ca) and the minimum percent of phosphorus (P). The product shall not contain more than 1.0 percent feathers. Dried poultry waste products not meeting the protein guarantee shall be labeled "dried poultry litter," but said product shall meet all other requirements generally applicable to poultry waste. (d) Dried Poultry Litter is the processed combination of total poultry excreta and litter that occurs in the floor production of poultry. The product shall be uniform and contain not less than 18.0 percent protein. The type of litter shall be a part of the product name. It shall be labeled to show minimum crude protein, maximum equivalent crude protein from nonprotein nitrogen, minimum crude fat, maximum crude fiber, lignin and ash, the maximum and minimum calcium (Ca), minimum phosphorus (P), and maximum copper (Cu). (e) Dried Ruminant Waste is processed bovine excreta free of extraneous material such as straws, wood shavings, dirt and similar materials. The product must be uniform and contain not less than 12.0 percent crude protein and not more than 30.0 percent crude fiber and 20.0 percent ash. It must be labeled to show minimum protein, maximum equivalent crude protein from nonprotein nitrogen, minimum crude fat, maximum crude fiber, lignin, ash and maximum sodium (Na). (f) Processed Animal Waste products in excess of 12.0 percent moisture including slurries, silages, and other semidry products must conform to the licensing and processing requirements and general provisions except Section 2 of the general provisions. If sold for feeding purposes; these products shall be labeled to show type of process, maximum moisture, minimum crude protein, maximum equivalent crude protein from nonprotein nitrogen, minimum crude fat, maximum crude fiber, lignin and ash, and maximum sodium (Na). Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992, 15011, 15041 and 15051, Food and Agricultural Code. s 2775. Apple Products. (a) Dried Apple Pomace is the sound, dried residue remaining after the removal of cider from apples. (b) Dried Apple Pectin Pulp is the sound, dried residue remaining after the removal of pectin from apple products. (c) Wet Apple Pomace is the sound, wet residue remaining after the removal of cider juice from apples. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2776. Barley Products. (a) Ground Barley or Rolled Barley is the product obtained by grinding or rolling barley of such quality that the resulting processed material contains not more than 7 percent crude fiber. (b) Ground Light Barley or Rolled Light Barley is the product obtained by grinding or rolling barley of such quality that the resulting processed material contains not more than 9 percent crude fiber. (c) Barley Mixed Feed is the entire offal from the milling of barley flour from clean barley, and is composed of barley hulls and barley middlings. (d) Barley Hulls is the product consisting of the outer coverings of the barley. When used in a mixture, the maximum percentage present shall be stated. (e) Barley Feed is the entire by-product resulting from the manufacture of pearl barley from clean barley. (f) Hulled Barley is barley from which the hull has been removed. (g) Ground Hulled Barley, Rolled Hull Barley is the product obtained by grinding or rolling barley from which the hull has been removed. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2777. Beet Products. (a) Dried Beet Pulp is the dried residue from sugar beets which have been cleaned and freed from leaves and sand, and from which the sugar has been extracted. (b) Wet Beet Pulp is the residue from sugar beets which have been cleaned and freed from leaves and sand, and from which the sugar has been extracted. (c) Molasses Dried Beet Pulp is the dried material remaining after the sugar has been extracted from sugar beets to which molasses has been added. (d) Molasses Dried Beet Pulp Product is the dried material remaining after the extraction of sugar to which molasses and beet molasses residue has been added. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2778. Brewers' and Distillers' Products. (a) Brewers Dried Grains is the dried extracted residue of barley malt alone or in mixture with other cereal grain or grain products resulting from the manufacture of wort and may contain pulverized dried spent hops in an amount not to exceed 3.0 percent, evenly distributed. (b) Brewers Wet Grains is the extracted residue resulting from the manufacture of wort from barley malt alone or in mixture with other cereal grains or grain products. The guaranteed analysis shall include the maximum moisture. (c) Malt Sprouts is the product removed from malted barley consisting primarily of sprouts which may include some of the malt hulls, other parts of malt and containing not less than 24 percent crude protein. The term malt sprouts when applied to a corresponding portion of other malted cereals shall be used in qualified form: i.e., "Rye Malt Sprouts," "Wheat Malt Sprouts," etc. (d) Malt Cleanings is the cleanings of malted barley or from the recleaning of malt which does not meet the minimum crude protein standard of malt sprouts. It shall be labeled according to its crude protein content. (e) Malt Hulls consists of the hulls obtained in cleaning malted barley. (f) Dried Spent Hops is the dried material filtered from hopped wort. (g) Molasses Distillers Dried Solubles is the dried residue from the yeast fermentation of molasses after the removal of the alcohol by distillation. (h) Molasses Distillers Condensed Solubles is the condensed residue from the yeast fermentation of molasses after the removal of the alcohol by distillation. (i) Potato Distillers Dried Residue is the dried product obtained after the manufacture of alcohol and distilled liquors from potatoes or from a mixture in which potatoes predominate. (j) Distillers Dried Solubles is the dried thin stillage fraction after the removal of ethyl alcohol by distillation from the yeast fermentation of a grain or a grain mixture. The predominating grain shall be stated as the first word in the name. (k) Distillers Dried Grains is the dried grain or grain mixture after the removal of ethyl alcohol by distillation from the yeast fermentation by separating the resultant coarse grain fraction of the whole stillage. The predominating grain shall be stated as the first word in the name. ( l) Distillers Dried Grains with Solubles is the product obtained after the removal of ethyl alcohol by distillation from the yeast fermentation of a grain or a grain mixture by condensing and drying at least 3/4 of the solids of the resultant whole stillage. The predominating grain shall be stated as the first word in the name. (m) Condensed Distillers Solubles is the condensed thin stillage fraction after the removal of ethyl alcohol by distillation from the yeast fermentation of a grain or a grain mixture. The predominating grain shall be stated as the first word in the name. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2781. Coconut Products. (a) Coconut Meal or Copra Meal, mechanically extracted, is the ground residue which remains after removal of most of the oil from dried meat of coconuts by a mechanical extraction process. (b) Coconut Meal or Copra Meal, Solvent Extracted, is the ground residue which remains after removal of most of the oil from dried meat of coconuts by a solvent extraction process. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2782. Corn Products. (a) Corn Bran is the outer coating of the corn kernel, with little or none of the starchy part or germ. (b) Corn Feed Meal is the fine siftings obtained in the manufacture of screened corn chop, screened ground corn, or screened cracked corn with or without its aspiration products added. (c) Ground Corn, Corn Meal, Cracked Corn, Corn Chop is the entire product made by grinding, cutting, or chopping the grains of sound Indian corn, and may be fine, medium, or coarse, and contains not more than 4.0 percent of foreign material. (d) Screened Corn Chop, Screened Ground Corn, or Screened Cracked Corn is the coarse portion of corn chop, ground corn, or cracked corn from which most of the fine particles have been removed, and contains not more than 4.0 percent of foreign material. (e) Corn Grits or Hominy Grits is the fine or medium sized, hard, flinty portions of sound Indian corn and contains 5.0 percent or less of the bran or germ. (f) Ear Corn Chops is corn and cob chopped, without the husk, with no greater proportion of cob than occurs in the ear corn in its natural state. (g) Corn Gluten Meal is that part of commercial shelled corn that remains after the extraction of the larger part of the starch and germ, and the separation of the bran by the process employed in the wet milling manufacture of corn starch or syrup. It may contain corn solubles and corn oil meal. (h) Corn Gluten Feed is that part of the commercial shelled corn that remains after the extraction of the larger portion of the starch, gluten, and germ by the processes employed in the wet milling manufacture of corn starch or syrup. It may or may not contain fermented corn extractives or corn germ meal. (i) Hominy Feed is a mixture of corn bran, corn germ, and a part of the starchy portion of either white or yellow corn kernels or mixture thereof as produced in the manufacture of pearl hominy, hominy grits, or table meal and contains not less than 4.0 percent crude fat. If prefixed with the words "white" or "yellow," the product must correspond thereto. (j) Corn Germ Meal (Wet Milled) is ground corn germ from which most of the solubles have been removed by steeping and most of the oil removed by hydraulic, expeller, or solvent extraction processes, and is obtained in the wet milling process of manufacture of corn starch, corn syrup, or other corn products. (k) Corn Germ Meal (Dry Milled) is ground corn germ which consists of corn germ with other parts of the corn kernel from which part of the oil has been removed and is the product obtained in the dry milling process of manufacture of corn meal, corn grits, hominy feed, and other corn products. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2783. Cottonseed Products. (a) Cottonseed Meal, Mechanically Extracted, is the product obtained by finely grinding the cake which remains after removal of most of the oil from cottonseed by a mechanical extraction process. It shall contain not less than 36.0 percent crude protein. (b) Cottonseed Meal, Solvent Extracted, is the product obtained by finely grinding the flakes which remain after removal of most of the oil from cottonseed by a solvent extraction process. It shall contain not less than 36.0 percent crude protein. (c) Cottonseed Cake, Mechanically Extracted, is the unground product composed of the kernel and such portions of the lint, hull, and oil as remain after removal of most of the oil from cotton seed by a mechanical process. It shall contain not less than 36.0 percent crude protein. (d) Cottonseed Flakes, Mechanically Extracted, is the unground product, composed of the kernel and such portions of the lint, hull, and oil as remain after removal of the oil from cottonseed by a mechanical extraction process. It shall contain not less than 36.0 percent crude protein. (e) Cottonseed Flakes, Solvent Extracted, is the unground product, composed of the kernel and such portions of the lint, hull, and oil as remain after removal of the oil from cottonseed by a solvent extraction process. It shall contain not less than 36.0 percent crude protein. (f) Whole-Pressed Cottonseed, Mechanically Extracted, is composed of sound, mature, clean, delinted, and unhulled cottonseed, from which most of the oil has been removed by mechanical pressure. It shall be designated and sold by its crude protein content. If ground, it must be so designated. (g) Low Gossypol Cottonseed Meal, Mechanically Extracted, is a meal in which the gossypol is not more than 0.04 percent free gossypol. (h) Low Gossypol Cottonseed Meal, Solvent Extracted, is a meal in which the gossyol is not more than 0.04 percent free gossypol. (i) Cottonseed Hulls is the outer covering of the cottonseed. When used in a mixture, the maximum percent present shall be stated. (j) Whole cottonseed is seed remaining after removal of fiber in the ginning process. It shall contain not more than 15.0 percent free fatty acids in the oil. It shall contain not more than 13.0 percent moisture and not more than 2.0 percent foreign material. It shall be labeled to include the maximum percent ash. (k) Prime whole cottonseed is seed remaining after the removal of fiber in the ginning process. It shall contain not more than 3.0 percent free fatty acids in the oil. It shall contain not more than 13.0 percent moisture and not more than 2.0 percent foreign material. It shall be labeled to include the maximum percent ash. (l) Cracked or ground pima is pima cottonseed that has been processed but from which the oil has not been extracted. It shall be labeled to include the maximum percent ash. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2783.5. Fats and Oils. (a) General Provisions: Any mixture of two or more fats or fat derivatives defined below shall be identified by listing each component, for example, "animal fat and hydrolyzed vegetable oil." Any antioxidant used shall be named and followed by the word "preservative." All fats and oils used in commercial feed shall be pathogen free and safe for use as animal feed. The percentage of fatty matter is the total percentage of moisture, insoluble matter and unsaponifiable matter subtracted from 100. The use of sewer plant fats and oils is prohibited. (b) Animal Fat is obtained from the tissues of mammals and/or poultry in the commercial processes of rendering or extracting. It consists predominantly of glyceride esters of fatty acids and contains no additions of free fatty acids or other materials obtained from fats. It must contain, and be guaranteed for, not less than 90 percent total fatty acids, not more than 2.0 percent unsaponifiable matter, and not more than 1.0 percent insoluble impurities. Maximum free fatty acids and moisture must also be guaranteed. If the product bears a name descriptive of its kind or origin; i.e., "beef", "pork", "poultry", it must correspond thereto. If an antioxidant is used, the common name or names shall be indicated, followed by the words "used as a preservative". (c) Fat Product, Feed Grade is any fat product which does not meet the definitions for animal fat, vegetable fat or oil, hydrolyzed fat or fat ester. It shall be sold on its individual specifications which will include the minimum percentage of total fatty acids, the maximum percentage of unsaponifiable matter, the maximum percentage of insoluble impurities, the maximum percentage of free fatty acids and moisture. The above listed specifications shall be guaranteed on the label. If an antioxidant(s) is used, the common name or names shall be indicated, followed by the words "used as a preservative". (d) Vegetable Fat or Oil is the product of vegetable origin obtained by extracting the oil from seeds or fruits which are commonly processed for edible purposes. It consists predominantly of glyceride esters of fatty acids, and contains no additions of free fatty acids, or other materials obtained from fats. It shall contain and be guaranteed for not less than 90 percent total fatty acids, not more than 2.0 percent unsaponifiable matter and not more than 1.0 percent insoluble impurities. Maximum percent free fatty acids, and moisture shall also be guaranteed. If the product bears a name descriptive of its kind or origin, i.e., "soybean oil", "cottonseed oil", it shall correspond thereto. If an antioxidant(s) is used, the common name or names shall be indicated, followed by the words "used as a preservative". (e) Hydrolyzed Fat or Oil (feed grade) is a product obtained by the fat processing procedures commonly used in edible fat processing or soap making. It consists predominantly of fatty acids, and shall contain, and be guaranteed for, not less than 85.0 percent total fatty acids, not more than 6.0 percent unsaponifiable matter, and not more than one (1) percent insoluble impurities. Maximum moisture must also be guaranteed. Its source shall be stated in the product name, i.e., "hydrolyzed animal fat," "hydrolyzed vegetable," "hydrolyzed animal and vegetable fat." If an antioxidant(s) is used, the common name or names must be indicated, followed by the words "used as a preservative". (f) Ester (feed grade) is the product consisting of methyl, ethyl or other nonglyceride ester of fatty acids derived from animal and/or vegetable fats. It consists predominantly of the ester and shall contain not less than 85.0 percent total fatty acids, not more than 10.0 percent free fatty acids, not more than 6.0 percent unsaponifiable matter, (2.0 percent for methyl esters), and not more than 1.0 percent insoluble matter. Its source shall be stated in the product name, i.e., "methyl ester of animal fatty acids," "ethyl ester of vegetable oil fatty acids." Methyl esters shall contain not more that 150.0 parts per million (0.015 percent) free methyl alcohol. If an antioxidant(s) is used, the common name or names must be indicated, followed by the word "preservative(s)". (g) Corn Endosperm Oil is obtained by the extraction of oil from corn gluten. It consists predominantly of free fatty acids and glyceride, and shall contain not less than 85.0 percent total fatty acids, not more than 14.0 percent unsaponifiable matter, and not more than 1.0 percent insoluble matter. if an antioxidant(s) is used, the common name or names shall be indicated followed by the word "preservatives". (h) Corn Syrup Refinery Insolubles, Feed Grade is obtained in the refining of a corn syrup. It consists predominantly of the fatty fraction of corn starch together with protein and residual carbohydrate. It may contain water and not more than 7.0 percent ash nor less than 50.0 percent fat on a water-free basis. (i) Calcium Salts of Long-Chain Fatty Acids are the reaction products between calcium and long-chain fatty acids of vegetable and/or animal origin. They shall contain a maximum of 20.0 percent lipid not bound in the calcium salt form and percent total fat shall be indicated. The unsaponifiable matter (exclusive of calcium salts) shall not exceed 4.0 percent and moisture shall not exceed 5.0 percent. If an antioxidant(s) is used, its common name(s) must be indicated on the label. Prior to conducting an assay for total fats, hydrolysis of the calcium salts should be performed to liberate the lipid fraction. (j) Hydrolyzed Sucrose Polyesters, Feed Grade is the product resulting from the acid hydrolysis of sucrose polyesters, such as olestra, to make them digestible. It shall consist predominately of fatty acids and contain, and be guaranteed for, not less than 85.0 percent total fatty acids, not more than 2.0 percent Sucrose Polyesters (hex ester and above), not more than 2.0 percent unsaponifiable matter, and not more than 2.0 percent insoluble impurities. Maximum moisture shall also be guaranteed. Its source shall be stated in the product name, i.e., "Hydrolyzed animal sucrose polyesters", "Hydrolyzed vegetable sucrose polyesters", or "Hydrolyzed animal and vegetable sucrose polyesters". If an antioxidant(s) is used, the common name or names shall be indicated, followed by the words "used as a preservative". (k) Vegetable Oil Refinery Lipid, Feed Grade, is obtained in the alkaline refining of a vegetable oil for edible use. It consists predominantly of the salts of fatty acids, glyceride, and phosphates. It may contain water and not more than 22.0 percent ash on a water-free basis. It may or may not be acidulated before using in commercial feeds, but if acidulated, it shall be neutralized. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2785. Grape Products. (a) Grape Pomace is the residue after the juice has been expressed in the production of wine from grapes. It consists of skins and seeds. When used in a mixed feed the maximum percent present shall be stated. (b) Raisin Stem Meal is the ground or chopped product obtained in the grading and stemming of raisins. It consists of stems and may contain raisins. When used in mixed feeds the maximum percent present shall be stated. (c) Raisin Seed Meal consists of the ground seed obtained in the manufacture of seeded raisins with or without the extraction of part of the oil. When used in mixed feeds the maximum percent present shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2787. Flax Products. (a) Linseed Meal, Mechanically Extracted, is the product obtained by grinding the cake or chips which remain after removal of most of the oil from flaxseed by a mechanical extraction process and contains not more than 10 percent fiber. (b) Linseed Meal, Solvent Extracted, is the product obtained by grinding the flakes which remain after removal of most of the oil from flaxseed by a solvent extraction process and contains not more than 10 percent fiber. (c) Flaxseed Screenings Meal, Solvent Extracted, is the ground product obtained after solvent extraction of part of the oil from the smaller imperfect flaxseeds, weedseeds, other oilseeds and other foreign material having feeding value, separated in cleaning flaxseed. (d) Flax Plant Product is that portion of the flax plant having feeding value remaining after harvesting the seed and separation of the bast fibers and flax shives. It consists of the leaves, corticle tissues, flax seed bolls, broken and immature flax seeds, and contains a minimum of 9 percent crude protein and a maximum of 35 percent crude fiber. (e) Flax Straw By-Product is the ground product remaining after the removal of the longer fiber material from flax straw by mechanical processing and contains not less than 2 percent crude protein and not more than 70 percent crude fiber. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2788. Marine Products. (a) Marine products containing more than 3.0 percent sodium must state the percentage. No marine product shall contain more than 7.0 percent sodium. (b) Fish Meal is clean, dried, ground tissues of undecomposed whole fish and/or fish cuttings with or without the extraction of part of the oil. It shall contain not more than 10.0 percent moisture. If it contains more than 3.0 percent sodium (Na), the amount of sodium shall constitute a part of the brand name, provided that in no case must the sodium content of this product exceed 7.0 percent. (c) Fish Residue Meal is the clean, dried, undecomposed residue from the manufacture of glue from non-oily fish. If it contains more than 3.0 percent sodium (Na), the amount of sodium shall constitute a part of the brand name, provided that in no case shall the sodium content of this product exceed 7.0 percent. (d) Fish Market Scrap Meal is the clean, dried, ground tissues and/or viscera of fish and other sea food from fish markets, with or without the extraction of part of the oil. (e) Crab Meal is undecomposed dried waste of the crab and contains the shell, viscera, and part or all of the flesh. It shall contain not less than 25.0 percent crude protein. If it contains more than 3.0 percent sodium (Na) the amount of sodium shall constitute a part of the brand name, provided that in no case shall the sodium content of this product exceed 7.0 percent. (f) Shrimp Meal is undecomposed dried waste of shrimp and contains the head, hull, and/or the whole shrimp. If it contains more than 3.0 percent sodium (Na), the amount of sodium shall constitute a part of the brand name, provided that in no case shall the sodium content of this product exceed 7.0 percent. (g) Anchovy Oil is the product obtained by extraction of part of the oil from the whole Pacific anchovy, or from cannery refuse of this species of fish. (h) Tuna Oil is the product obtained by extraction of part of the oil from the cannery refuse of tuna. (i) Condensed Fish Solubles are obtained by evaporating excess moisture from the stickwater, aqueous liquids, resulting from the wet rendering of fish into fish meal, with or without removal of part of the oil. (j) Fish Glandular and Liver Hydrolysate is the partially dehydrated, ground entire coelomic contents of the fish, digested by the enzymes naturally present in fish, The solids content of this product shall not be less than 40.0 percent. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2789. Milk Products. (a) Dried Buttermilk contains 8.0 percent maximum moisture, 13.0 percent maximum ash, and 5.0 percent minimum milk fat using the Roese-Gottlieb method. (b) Condensed Buttermilk contains 27.0 percent minimum total solids, 0.055 percent minimum milk fat for each percent of total solids, and 0.14 percent maximum ash for each percent of total solids. (c) Dried Skimmed Milk is dried defatted milk containing 8.0 percent maximum moisture. (d) Condensed Skimmed Milk is evaporated defatted milk containing 27.0 percent minimum total solids. (e) Dried Cultured Skimmed Milk is dried lactic acid bacteria cultured defatted milk containing 8.0 percent maximum moisture. (f) Condensed Cultured Skimmed Milk is evaporated lactic acid bacteria cultured defatted milk containing 27.0 percent minimum total solids. (g) Dried (Dry) Whey is the product obtained by removing water from whey. It contains not less than 11.0 percent protein nor less than 61.0 percent lactose. (h) Condensed Whey is evaporated whey. The minimum percent total whey solids shall be stated on the label. (i) Dried (Dry) Whey Solubles is the product obtained by drying the whey residue after the removal of whey protein, with or without partial removal of lactose. Minimum percent of crude protein and lactose and maximum percent ash shall be guaranteed on the label. (j) Condensed Whey Solubles is evaporated whey residue from the manufacture of lactose after removal of milk albumin and part of the lactose. It shall be labeled to show the minimum percent of total whey product solids, crude protein, fat, lactose and the maximum percent ash. (k) Dried Hydrolyzed Whey is dried lactose enzyme hydrolyzed whey containing 30.0 percent minimum total glucose and galactose. ( l) Condensed Hydrolyzed Whey is evaporated lactose enzyme hydrolyzed whey containing 50.0 percent minimum total solids and 0.3 percent minimum total glucose and galactose for each percent total solids. (m) Condensed Whey-Product is the product obtained by partially removing water from whey from which a portion of the lactose, protein and/or minerals been removed. The minimum percent solids, crude protein and lactose and the maximum percent of ash shall be guaranteed on the label. It may also be labeled "condensed reduced minerals whey" or "condensed reduced lactose whey", if appropriate. (n) Dried (Dry) Whey-Product is the product obtained by drying whey from which a portion of the lactose, protein and/or minerals have been removed. The minimum percent solids, crude protein, and lactose and the maximum percent ash shall be guaranteed on the label. It may also be labeled "dried reduced minerals whey" or "dried reduced lactose whey", if appropriate. (o) Condensed Cultured Whey is evaporated cultured whey. The minimum percent total cultured whey solids shall be guaranteed on the label. (p) Whey is the product obtained as a fluid by separating the coagulum from milk, cream or skimmed milk and from which a portion of the milk fat may have been removed. (q) Casein is the solid acid or rennet coagulation from defatted milk and contains 80.0 percent minimum crude protein. (r) Cheese Rind is cooked cheese trimming devoid of fat other than milk fat. (s) Dried Lactalbumin is the dried coagulated protein residue from whey. It contains 80.0 percent minimum crude protein on a moisture-free basis. (t) Dried Whole Milk is dried milk containing 8 percent maximum moisture and 26.0 percent minimum milk fat using the Roese-Gottlieb method. (u) Dried Milk Protein is dried coagulated protein residue resulting from the controlled co-precipitation of casein, lactalbumin, and minor milk proteins from defatted milk. (v) Dried Hydrolyzed Casein is the dried watersoluble product resulting from the enzymatic digestion of casein and contains 74.0 percent minimum crude protein. (w) Condensed Whey Permeate is the product resulting from the removal of proteins from whey permeate. It shall be labeled to show the minimum percent total whey product solids, crude protein and lactose and the maximum percent ash and equivalent crude protein from nonprotein nitrogen. (x) Condensed Delactosed Whey Permeate is the product resulting from the removal of lactose from whey permeate. It shall be labeled to show the minimum percent total whey product solids, lactose, crude protein and crude fat and the maximum percent ash and equivalent crude protein from nonprotein nitrogen. (y) Fermented Ammoniated Condensed Whey is the product produced by the Lactobacillus bulgaricus fermentation of whey with the addition of ammonia. It shall contain 35.0 percent to 55.0 percent crude protein and not more than 42.0 percent equivalent crude protein from nonprotein nitrogen. It shall be labeled to show the minimum percent total whey product solids, lactose, crude protein, and fat and the maximum percent ash and equivalent crude protein from nonprotein nitrogen. The label of the additive and of any feed additive supplement, feed additive concentrate or feed additive premix prepared therefrom shall contain the following information in addition to any other required information: (1) The name of the additive. (2) The maximum percentage of equivalent crude protein from nonprotein nitrogen. (3) Directions for storage and use as stated below: "Store in closed vented tank equipped for agitation. Agitate five (5) minutes before using. Do not store at temperatures above 110 [FNo] F (43 [FNo] C). Mix with grain, roughage, or grain and roughage prior to feeding. The maximum equivalent crude protein from fermented ammoniated condensed whey and equivalent crude protein from all other added forms of nonprotein nitrogen should not exceed 30.0 percent of the dietary crude protein" and a prominent statement: "WARNING" - "This feed shall be used only in accordance with the directions furnished on the label." (z) Dairy Food By-Products are the products resulting from the collection of solids contained in the washwater from the normal processing and packaging of various food manufacturing plants. Dairy products are the primary source but non-dairy products may occasionally constitute a minor amount of the total volume. No sanitary sewer waste may be included. This product is to be fed at levels less than 25.0 percent of the animal's total dry matter intake. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2790. Mineral Feeds. (a) Formula feeds containing more than 9.0 percent of Ash require, in addition to the usual label declaration of the chemical feed analysis, a declaration of each ingredient and the guarantees for the following, if present: (1) maximum and minimum percentage of Calcium (Ca); (2) minimum percentage of Phosphorus (P); (3) maximum percentage of Sodium (Na); (4) guarantees for crude protein, crude fat and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances. Mineral ingredients shall be stated as their official names. (b) Shell Marl is ground shells of oysters, clams, or other mollusks with impurities of sand and clay and containing less than 90.0 percent of calcium carbonate. It may bear a name descriptive of its kind. It shall be labeled to state plainly the minimum percentage of calcium carbonate (CaCO 3) and the equivalent amount of calcium (Ca). (c) Marl is a natural mixture of chalk, sand, and clay. It may bear a name descriptive of its kind. It shall be labeled to state plainly the minimum percentage of calcium carbonate (CaCO 3) and the equivalent amount of calcium (Ca). (d) Trace Mineralized Salty is common salt containing significant amounts of trace minerals which are recognized as essential for animal nutrition. Significant amounts defined are not less than 0.010 percent cobalt, 0.033 percent copper, 0.160 percent iron, 0.007 percent iodine, 0.200 percent manganese, and 0.005 percent zinc. (e) Bone Ash is the ash obtained by burning bones with free access to air, and containing a minimum of 15.3 percent phosphorus (P). The label must show a guarantee for calcium (Ca) and phosphorus (P). (f) Bone Charcoal is obtained by charring bones in a closed retort and contains a minimum of 14.0 percent phosphorus (P). It must be labeled with guarantees for calcium (Ca) and phosphorus (P). (This product is sometimes referred to as "Bone Black," however, bone charcoal shall be used in all labeling.) (g) Calcite is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). (h) Oyster Shell Flour is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). (i) Shell Flour is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). (j) Chalk Rock is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). (k) Calcium Carbonate, Precipitated, is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). ( l) Chalk, Precipitated, is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). Precipitated chalk must be used in all labeling. (m) Limestone, Ground, is an acceptable source of calcium carbonate. It shall be true to name and contain not less than 33.0 percent calcium (Ca). Ground limestone must be used in all labeling. (n) Calcium Carbonate is a product true to name which contains a minimum of 38.0 percent calcium (Ca). (o) Limestone, Magnesium, or Dolomitic, is an acceptable source of magnesium and calcium carbonate. The terms are synonymous and designate a native mineral composed of mixtures of magnesium carbonate (MgCO 3), and calcium carbonate (CaCO 3). It contains not less than 10.0 percent magnesium (Mg) and shall be stated as an ingredient as magnesium limestone or dolomitic limestone. (p) Phosphate, Defluorinated, includes either calcined, fused, or precipitated calcium phosphate. It contains not more than one part of fluorine (F) to 100 parts of phosphorus (P). The minimum percent of calcium (Ca) and phosphorus (P) and the maximum percent of fluorine (F), and Sodium (Na), shall be stated on the label. The term "defluorinated" shall not be used as a part of the name of any product containing more than one part of fluorine (F) to 100 parts of phosphorus (P). The term "defluorinated phosphate" shall be used in labeling ingredient listings. (q) Iodized Salt is salt (NaCl) containing not less than 0.007 percent iodine, uniformly distributed. (r) Bone Phosphate is the residue of bones that have been treated first in a caustic solution, then in a hydrochloric acid solution, and thereafter precipitated with lime and dried. It contains a minimum of 17.0 percent phosphorus (P). It shall be labeled with guarantees for calcium (Ca) and phosphorus (P). (s) Rock Phosphate, Soft, is the very finely divided by-product (washings) obtained from mining Florida rock phosphate by the hydraulic process. It contains a minimum of 9.0 percent phosphorus (P) and 15.0 percent calcium (Ca), and not more than 30.0 percent clay and 1.5 percent fluorine (F). The term "soft rock phosphate" shall be used in labeling. (t) Diammonium Phosphate is the product resulting from the neutralization of phosphoric acid, feed grade, or defluorinated wet-process phosphoric acid which contains not less than 17.0 percent nitrogen (N) and 20.0 percent phosphorus (P). It contains not more than 1 part fluorine (F) to 100 parts phosphorus (P), 75 ppm of arsenic (As), and 30 ppm of heavy metals reported as lead. It does not include diammonium phosphate made from by-product ammonia absorbed from coke-oven gas. It shall be used only in ruminant feeds as a source of phosphorus and nitrogen in an amount that supplies not more than 2.0 percent of equivalent crude protein in the total daily ration. If a premix, concentrate, or supplement contains more than 2.0 percent of equivalent crude protein from diammonium phosphate, the label must contain adequate directions for use and a prominent statement, "Caution: Use only as directed." The caution statement shall be in prominent bold type against a contrasting background. (u) Bone Charcoal, Spent, is the product resulting from the repeated charring of bone charcoal after use in clarifying sugar solutions. It contains a minimum of 11.5 percent phosphorus (P). It shall be labeled with guarantees for phosphorus (P) and calcium (Ca). (This product is sometimes referred to as "Spent Bone Black," however, spent bone charcoal shall be used in labeling.) (v) Bone Meal, Steamed, is the dried and ground product sterilized by cooking undecomposed bones with steam under pressure. Grease, gelatin, and meat fiber may or may not be removed. It shall be labeled with guarantees for phosphorus (P) and calcium (Ca). "Steamed Bone Meal" shall be used in labeling. (w) Phosphoric Acid, Feed Grade __ percent is a solution of phosphoric acid in water. It contains not more than 100 ppm fluorine (F), 3.2 ppm arsenic (As), and 1.3 ppm of heavy metals reported as lead for each percentage of phosphorus. If manufactured by the electric furnace method, the color is to be white or amber, and turbidity clear to faintly hazy. If manufactured by the wet-process method, the color is dark brown to blackish, with marked turbidity. When this ingredient is used as a constituent in mixed feeds, it must be called phosphoric acid in the ingredient list. (x) Rock Phosphate, Ground, is ground phosphate rock. It shall be labeled with guarantees for calcium (Ca) and phosphorus (P) and a maximum guarantee for fluorine (F). "Ground Rock Phosphate" shall be used in labeling. (y) Rock Phosphate, Ground, Low Fluorine is ground phosphate rock that contains not more than 0.5 percent fluorine (F). "Low Fluorine Ground Rock Phosphate" shall be used in labeling. It shall be labeled with guarantees for minimum percentages of calcium (Ca) and phosphorus (P) and for a maximum percentage of fluorine (F). (z) Ammonium Polyphosphate Solution is the product resulting from the neutralization of superphosphoric acid. It shall contain not less than 9.0 percent nitrogen (N) and 13.0 percent phosphorus (P). It shall contain not more than one part fluorine (F) to 100 parts phosphorus (P), 75 ppm of arsenic (As), and 30 ppm of heavy metals reported as lead. It may be used in ruminant feeds as a source of both phosphorus and nitrogen in an amount that supplies not more than 2.0 percent of equivalent crude protein in the total daily ration. (aa) Metal Proteinate is the product resulting from the chelation of a soluable salt with amino acids or partially hydrolyzed protein. It shall be declared as an ingredient as the specific metal proteinate: i.e., "Copper Proteinate," "Zinc Proteinate," etc. (bb) Smectite-Vermiculite is a natural occurring magnesium, iron, and potassium layer silicate. It shall be labeled with guarantees for magnesium (Mg), iron (Fe), and potassium (K). (cc) Calcium Periodate is a source of iodine produced by reacting calcium iodate with calcium hydroxide or calcium oxide to form a substance consisting of not less than 60.0 percent by weight of penta calcium orthoperiodate containing 28.0 to 31.0 percent by weight of iodine. It may be used in salt for livestock as a source of iodine. (dd) Mono-ammonium Phosphate is the product resulting from the neutralization of phosphoric acid, feed grade, or defluorinated wet-process phosphoric acid with ammonia and shall contain not less than 9.0 percent nitrogen (N), and 24.0 percent phosphorus (P). It shall contain not more than one part fluorine (F) to 100 parts phosphorus (P), 75 ppm of arsenic (As), and 30 ppm of heavy metals reported as lead. It shall be used only in ruminant feeds as a source of phosphorus and nitrogen in an amount that supplies not more than 2.0 percent of equivalent crude protein in the total daily ration. If a premix, concentrate or supplement contains more than 2.0 percent of equivalent crude protein from mono-ammonium phosphate, the label must contain adequate directions for use, and a prominent statement, "Caution: Use only as directed." The caution statement shall be in prominent bold type against a contrasting background. (ee) Ammonium Sulfate is the product resulting from the neutralization of sulfuric acid with ammonia. It shall contain not less than 21.0 percent nitrogen (N) and not less than 24.0 percent sulfur (S). It shall contain not more than 75 ppm arsenic (As) and 30 ppm heavy metals reported as lead. This does not include ammonium sulfate made from by-product ammonia recovered from coke-oven gas. It shall be used only in ruminant feeds as a source of sulfur and nitrogen in an amount that supplies not more than 2.0 percent of equivalent crude protein from ammonium sulfate. The label shall have adequate directions for use and a prominent statement, "Caution - This feed shall be used only in accordance with directions furnished on the label". (ff) Metal Polysaccharide Complex is the product resulting from complexing of a soluble salt with a polysaccharide solution declared as an ingredient as the specific metal complex: i.e., copper polysaccharide complex; zinc polysaccharide complex; iron polysaccharide complex, etc. (gg) Additional Officially Recognized Mineral Ingredients. The following inorganic (mineral) chemicals are recognized as suitable ingredients in animal feeds under controlled conditions. They shall be of purity equal to the commonly recognized "commercial grade" for the article and shall be declared as ingredients by the following names: Calcium Gluconate Magnesium Oxide Calcium Iodate Magnesium Sulfate Calcium Iodobehenate Manganese Acetate Calcium Sulfate (Anhydrous) Manganese Carbonate Calcium Sulfate (Dihydrate) Manganese Chloride Cobalt Acetate Manganese Citrate (Soluble) Cobalt Carbonate Manganese Gluconate Cobalt Chloride Manganese Orthophosphate Cobalt Oxide Manganese Phosphate Cobalt Sulfate (Di-basic) Copper Carbonate Manganese Sulfate Copper Chloride Manganous Oxide Copper Gluconate Monocalcium Phosphate Copper Hydroxide Monosodium Phosphate Copper Orthophosphate Potassium Bicarbonate Copper Oxide Potassium Carbonate Copper Pyrophosphate Potassium Chloride Copper Sulfate Potassium Iodate Cuprous Iodide Potassium Iodide Dicalcium Phosphate Potassium Sulfate Diiodosalicylic Acid Salt Disodium Phosphate Sodium Bicarbonate Ethylenediamine Dihydriodide Sodium Iodate Ferrous Fumarate Sodium Iodide Sodium Selenate Sodium Selenite Iron Ammonium Citrate Sodium Sulfate Iron Carbonate Sodium Tripolyphosphate Iron Chloride Sulfur Iron Gluconate Thymol Iodide Iron Oxide Tricalcium Phosphate Iron Phosphate Zinc Acetate Iron Pyrophosphate Zinc Carbonate Iron Sulfate Zinc Chloride Reduced Iron Zinc Oxide Magnesium Carbonate Zinc Sulfate (hh) Dicalcium Phosphate is a calcium salt of phosphoric acid, generally expressed as CaHPO4, and its hydrated forms. Minimum percent phosphorus (P), minimum percent calcium (Ca) and maximum percent fluorine (F) must be specified. It shall be labeled to show a maximum of 1 part fluorine (F) to 100 parts phosphorus (P). (ii) Monocalcium Phosphate is a calcium salt of phosphoric acid, generally expressed as CaH4(PO4)2, and its hydrated forms. Minimum percent phosphorus (P), minimum percent calcium (Ca) and maximum percent fluorine (F) must be specified. It shall be labeled to show a maximum of 1 part fluorine (F) to 100 parts phosphorus (P). Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2790.5. Molasses Products. (a) General Provisions: All molasses products and liquid mixtures containing molasses products, including special mixes, shall be labeled to show the minimum percentage of total sugars expressed as invert sugar, and the maximum percent of moisture. In addition, liquid mixtures containing molasses products shall be labeled to show minimum percent of crude protein and the maximum percent of ash. All guarantees shall apply to the entire mixture. (b) Beet Molasses is a by-product of the manufacture of sucrose from sugar beets. It shall contain not less than 48.0 percent total sugars expressed as invert sugar and its density determined by double dilution shall be not less than 79.5 degrees Brix. The minimum percent of total sugars expressed as invert sugar and the maximum percent of moisture shall be stated. (c) Citrus Molasses is the partially dehydrated juices obtained from the manufacture of dried citrus pulp. It shall contain not less than 45.0 percent total sugars expressed as invert sugar and its density determined by double dilution shall be not less than 71.0 degrees Brix. The minimum percent of total sugars expressed as invert sugar and the maximum percent of moisture shall be stated. Any citrus molasses product which does not meet the above specifications shall be called citrus peel liquor and shall be labeled to show maximum moisture, minimum total sugars expressed as invert sugar and minimum Brix. (d) Cane Molasses is a by-product of the manufacture or refining of sucrose from sugar cane. It shall contain not less than 43.0 percent total sugars expressed as invert sugar. If its moisture content exceeds 27.0 percent, its density determined by double dilution shall not be less than 79.5 Brix. (e) Starch Molasses is a by-product of the manufacture of dextrose from starch derived from corn or grain sorghums in which the starch is hydrolyzed by use of enzymes and/or acid. It contains not less than 43.0 percent reducing sugars expressed as dextrose and not less than 50.0 percent total sugars expressed as dextrose. It shall contain not less than 73.0 percent total solids. The minimum percent of total sugars expressed as dextrose, and the maximum percent of moisture shall be stated. (f) Hemicellulose Extract is a by-product of the manufacture of pressed wood. It is the concentrated soluble material obtained from the treatment of wood at elevated temperature and pressure without the use of acids, alkalies, or salts. It contains pentose and hexose sugars, and other carbohydrates. The minimum percent of total sugars expressed as invert sugar and the maximum percent of moisture shall be stated. (g) Concentrated Separator By-Product (CSB) is obtained as a by-product of the recovery of sucrose from beet molasses by utilization of molecular exclusion chromatography. The minimum percent of total sugars expressed as invert sugar and the maximum percent of moisture shall be stated. (h) Concentrated Steffen Filtrate (CSF) is obtained as a by-product of the recovery of sucrose from beet molasses by utilization of the Steffen process (precipitation with calcium oxide). Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Section 14992 and 15011, Food and Agricultural Code. s 2790.7. Non-Protein Nitrogen Products. (a) Urea may contain other nontoxic nitrogenous compounds which are by-products from commercial synthesis and processing. It shall contain not less than 45 percent nitrogen (N) (equivalent to 281.25 percent crude protein). If it contains less than 45 percent N but 41 percent or more N, it shall be designated as "Urea and Conditioner(s)." If the name of the conditioner(s) does not appear in the product name, the ingredient listing must contain the specific name of the conditioner(s). (b) Feed Grade Biuret contains a minimum of 60 percent biuret together with related non-toxic nitrogenous compounds resulting from the cotrolled pyrolysis of urea and subsequent processing. It shall contain not less than 35 percent nitrogen (equivalent to 218.75 percent crude protein) with not more than 7 percent nitrogen (equivalent to 43.75 percent crude protein) from urea. It shall not contain more than 0.5 percent mineral oil. (c) Other non-protein nitrogen products (Diammonium Phosphate, Ammonium Polyphosphate, Ammonium Sulfate, and Mono-Ammonium Phosphate) are defined in section 2790. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2791. Oat Products. (a) Ground Oats, Pulverized Oats, Crushed Oats and Crimped Oats consist of the entire product made by grinding, cutting, crushing, or crimping whole oats. They shall contain not more than 10 percent of other grains, weed seeds, and other foreign material containing not more than 15 percent crude fiber. (b) Oat Groats are cleaned oats with the hulls removed. (c) Oat Hulls consist primarily of the outer covering of oats, obtained in the milling of table cereals or in the groating of oats from clean oats. When used in a mixture the maximum percentage shall be stated. (d) Feeding Oat Meal is obtained in the manufacture of rolled oat groats, or rolled oats and consists of broken rolled oat groats, oat groat chips, and floury portions of the oat groats, with only such quantity of finely ground oat hulls resulting from good manufacturing process. It shall not contain more than 4 percent crude fiber. (e) Clipped Oat By-Product is obtained in the manufacture of clipped oats. It may contain the light chaffy material broken from the end of the hulls, empty hulls, light immature oats, and dust. When used in a mixture the maximum percentage shall be stated. (f) Oats shall contain a minimum of 80 percent sound cultivated oats and not more than 10 percent wild oats; 3 percent heat damaged kernels of oats, other grains, and wild oats; and 5 percent foreign material. It shall contain not more than 15 percent crude fiber. Foreign material includes all matter except cultivated oats, other grains, and wild oats, and includes oat clippings, and detached oat hulls. (g) Mixed Feed Oats consists of a mixture of grains containing at least 30 percent cultivated oats; provided that the mixture consists of either (1) not less than 65 percent of cultivated and wild oats combined or (2) not less than 65 percent of wild oats. It shall contain more than 25 percent of other grains, not more than 6 percent heat damaged kernels of oats, wild oats, and other grains, and not more than 10 percent foreign material, which may include 4 percent fine seeds. Foreign material consists of all matter except wild oats and grains for which standards have been established under the United States Grain Standards Act. (h) Oat Mill By-Product is the by-product obtained in the manufacture of oat groats, consisting of oat hulls, and particles of the groat, and containing not more than 22 percent crude fiber. When used in a mixture the maximum percentage shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2793. Peanut Products. (a) Peanut Meal and Hulls, Mechanical Extracted and Solvent Extracted is a product of shelled peanuts, composed principally of the kernels and hulls, with such portion of the oil, as may be left in the ordinary course of manufacture. (b) Peanut Skins is the outer covering of the peanut kernel, exclusive of hulls, as obtained in ordinary commercial processing. The product may contain broken peanut kernels. (c) Peanut Meal Mechanical Extracted is a ground product of the shelled peanuts, composed principally of the kernels, with such portion of the hull, or fiber, and oil as may be left in the ordinary course of manufacture. It shall contain not more than 7.0 percent crude fiber. (d) Peanut Hulls consists of the outer hull or the peanut shell. When used in a mixed feed, the maximum percentage must be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2794. Rice Products. (a) Rice Polish is a by-product of rice obtained in the milling operation of brushing the grain to polish the kernel. (b) Rice Bran is the pericarp or bran layer and germ of the rice containing not more than 13.0 percent crude fiber with hull fragments, chipped, broken, or brewers rice, and calcium carbonate as may result from good manufacturing processing. When the calcium carbonate exceeds 3.0 percent (Ca.-1.2 percent), the percentage must be declared in the brand name; i.e., Rice Bran with Calcium Carbonate not exceeding __ percent. (c) Rice Bran, Solvent Extracted, is obtained by removing the part of the oil from the rice bran by the use of solvents and shall contain not less than 14.0 percent crude protein, and not more than 14.0 percent crude fiber. (d) Ground Rough Rice or Ground Paddy Rice is the entire product obtained by grinding the whole rice grain including the hull and contains not more than 10 percent fiber. (e) Ground Paddy Rice Screenings is the product resulting from the cleaning of paddy rice and consists of immature rice kernels, water grass seed, rice hulls, straw, dirt and sand. It shall be free of unpalatable or injurious weed seeds. When used in a mixture, the maximum percentage shall be stated. (f) Rice Hulls are the outer coverings of the rice kernel. When used in a mixture, the maximum percentage shall be stated. (g) Rice Mill By-Product is the total offal obtained in the production of milled rice. It consists of rice hulls, rice bran, rice polishings and broken rice grains. It shall be free of unpalatable and injurious weed seeds, and dirt and straw. It contains not more than 30.0 percent crude fiber and not more than 16.0 percent ash. When used in a mixture, the maximum percentage shall be stated. (h) Chipped Rice, Broken Rice, or Brewers Rice is the small fragments of rice kernels that have been separated from the larger kernels of milled rice. (i) Ground Brown Rice is the entire product obtained in grinding the rice kernels after the hulls have been removed. (j) Parboiled Rice Bran is about 5.0 to 7.0 percent by weight of Parboiled Rough Rice and is a mixture of a combination of several botanical tissues: pericarp, seed coat, nucellus, and the outer most portion of the endosperm (the aleurone layer). It may contain hull fragments, broken grains and traces of added calcium carbonate as is unavoidable in the milling of parboiled rice. (k) Stabilized Rice Bran is the bran which has been treated soon after milling by heat or other means that will substantially reduce the lipase activity. Free fatty acid content of the crude fat extracted shall not exceed 4.0 percent. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2795. Rye Products. (a) Rye, Mill Run consists of the mill run of the outer covering of the rye kernel and the rye germ with small quantities of rye flour and aleurone and contains not more than 9.5 percent crude fiber. (b) Rye Middlings consist of rye feed and rye red dog combined in the proportions obtained in good manufacturing process of milling rye flour and contains not more than 8.5 percent crude fiber. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2795.5. Safflower Products. (a) Safflower Meal is obtained by extraction of oil and hulls from safflower seed and contains not less than 40 percent crude protein. If solvent extracted, it shall be so designated. (b) Whole-Pressed Safflower Seed is the ground residue obtained by extraction of oil from whole safflower seed by a mechanical or solvent extraction process and contains not less than 20 percent protein and not more than 40 percent fiber. If solvent extracted, it shall be so designated. (c) Safflower Hull consist of the outer covering of safflower seed. When used in a mixture, the percentage shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2796. Screenings. Screenings is the by-product obtained in the cleaning of crop seed. It may include light and broken grains and other agricultural seeds, weed seeds, hulls, chaff, joints, straw, elevator or mill dust, sand and dirt. It shall be graded and designated according to the following definitions: No grade of screenings shall contain any seeds or other material that is either injurious to animals or will impart an objectionable odor or flavor to their milk or flesh. All screenings must be processed by grinding or otherwise to render the seed of any pest incapable of reproduction. (a) Grain Screenings contains 70.0 percent or more grain including light and broken grains. It may contain wild buckwheat and wild oats. The term "Grain Screening" may be used for unspecified kinds of grain, or the predominating kind of grain (if in excess of 50.0 percent) may be declared as the first word or words in the name. It may contain no more than 6.5 percent ash. (b) Seed Screenings shall consist of 70.0 percent or more seed, light and broken and contain not more than 6.5 percent ash.The name of the seed shall be a part of the name. (c) Mixed Screenings is screenings from grain and seed which does not meet the standards of subsections (a) or (b). It may include hulls, chaff, straw, dust, sweepings, sand, dirt, grains and seeds and contains not more than 27.0 percent crude fiber and not more than 15.0 percent ash. If it contains more than 15.0 percent ash, the words "sand" or "dirt" shall appear on the label as part of the name of the product. When used in a mixture, the maximum percent shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2796.5. Sesame Products. (a) Sesame Oil Cake is the product obtained by removing most of the oil from sesame seed by crushing, cooking, and the use of pressure or solvents. The process used in the production (expeller or solvent) shall be a part of the brand name. (b) Sesame Oil Meal is ground sesame oil cake. The process used in the production (expeller or solvent) shall be a part of the brand name. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2797. Sorghum Products. (a) Ground Grain Sorghum is the entire product made by grinding the grains of grain sorghum. (b) Grain Sorghum Gluten Feed is that part of the grain of grain sorghums that remains after the extraction of the larger part of the starch and germ, by the processes employed in the wet milling manufacture of starch or syrup. (c) Grain Sorghum Gluten Meal is that part of the grain of grain sorghums that remains after the extraction of the larger part of the starch and germ, and the separation of the bran by the processes employed in the wet milling manufacture of starch or syrup. (d) Grain Sorghum Germ Cake or Grain Sorghum Germ Meal consists of the germ of grain sorghum grains from which part of the oil has been pressed and is the product obtained in the wet milling process of manufacture of starch, syrup, and other grain sorghum products. (e) Rolled Grain Sorghums is obtained by running whole grain sorghums through rollers. Then it is properly dried and cooled. (f) Grain Sorghum Grits consists of the hard flinty portions of grain sorghums containing 5 percent or less bran or germ. (g) Gelatinized Sorghum Grain Flour is obtained from the endosperm of sorghum grain which has been gelatinized and reduced to a finely ground meal containing not more than 1 percent crude fiber. (h) Partially Aspirated Gelatinized Sorghum Grain Flour is obtained from whole sorghum grain which has been partially aspirated and has been gelatinized and reduced to a finely ground meal containing not more than 2.5 percent crude fiber. (i) Grain Sorghum Mill Feed is a mixture of grain sorghum bran, grain sorghum germ, part of the starchy portion of grain sorghum kernels, or mixture thereof as produced in the manufacture of grainsorghum grits and refined meal and flour containing not less than 5 percent crude fat and not more than 6 percent crude fiber. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2798. Soybean Products. (a) Ground Soybean is ground whole soybeans without cooking or removing any of the oil. (b) Ground Soybean Hay is the ground soybean plant including the leaves and beans. It must be reasonably free of other crop plants and weeds and shall contain not more than 33.0 percent crude fiber. (c) Soybean Hulls consist of the outer covering of the soybean. When used in a mixture, the maximum percentage shall be stated. (d) Soybean Feed, Solvent Extracted, is the product remaining after the partial removal of protein and nitrogen free extract from dehulled solvent extracted soybean flakes. When used in a mixture, the maximum percentage shall be stated. (e) Soy Flour is the finely powered material resulting from the screened and graded product remaining after removal of most of the oil from selected, sound, cleaned and dehulled soybeans by a mechanical or solvent extraction process. It shall contain not more than 4.0 percent crude fiber. (f) Soybean Meal, Mechanically Extracted, is the product obtained by grinding the cake or chips which remain after removal of most of the oil from soybeans by a mechanical extraction process. Heat must be applied during the process. It shall contain not more than 7.0 percent crude fiber. It may contain calcium carbonate or an anti-caking agent not to exceed 0.5 percent to reduce caking and improve flowability. The name of the conditioning agent shall be shown as an added ingredient. (g) Soybean Meal, Solvent Extracted, is the product obtained by grinding the flakes which remain after removal of most of the oil from soybeans by a solvent extraction process. It shall contain not more than 7.0 percent crude fiber. It may contain calcium carbonate or an anti-caking agent not to exceed 0.5 percent to reduce caking and improve flowability. (h) Soybean Meal, Dehulled, Solvent Extracted, is obtained by grinding the flakes remaining after removal of most of the oil from dehulled soybeans by a solvent extraction process. It shall contain not more than 3.5 percent crude fiber. It may contain calcium carbonate or an anti-caking agent not to exceed 0.5 percent to reduce caking and improve flowability. The name of the conditioning agent must be shown as an added ingredient. When listed as an ingredient in a manufactured feed it may be identified as "Dehulled Soybean Meal." (i) Soybean Mill Feed is composed of soybean hulls and the offal from the tail of the mill which results from the manufacture of soy grits or flour and contains not less than 13.0 percent crude protein and not more than 32.0 percent crude fiber. When used in a mixture, the maximum percentage shall be stated. (j) Soybean Mill Run is composed of soybean hulls and such bean meats that adhere to the hulls which results from normal milling operations in the production of dehulled soybean meal and contains not less than 11.0 percent crude protein and not more than 35.0 percent crude fiber. (k) Soy Phosphate or Soy Lecithin is the mixed phosphatide product obtained from soybean oil by a degumming process. It contains lecithin, cephalin, and inositol phosphatides, together with glycerides of soybean oil and traces of tocopherols, glucosides, and pigments. It shall be designated and sold according to conventional descriptive grades with respect to consistency and bleaching. ( l) Heat Processed Soybeans is the product resulting from heating whole soybeans without removing any of the component parts. It may be ground, pelleted, flaked, or powdered. The maximum pH rise using standard urease testing procedure should not exceed 0.10 pH units. It shall be sold according to its crude protein, crude fat and crude fiber content. (m) Soy Protein Concentrate is prepared from high quality sound, clean, dehulled soybean seeds by removing most of the oil and water soluble non-protein constituents and contains not less than 65.0 percent protein on a moisture-free basis. (n) Kibbled Soybean Meal is the product obtained by cooking ground solvent extracted soybean meal under pressure and extruding from an expeller or other mechanical pressure device. It shall be designated and sold according to its protein content and shall contain not more than 7.0 percent crude fiber. (o) Condensed Soybean Solubles is the product resulting from the washing of Soy Flour or Soybean Flakes with water and acid; water, alkali and acid; or water and alcohol. The wash water is then concentrated to a solids content of not less than 50.0 percent. (p) Soy Flour is the finely powdered material resulting from the screened and graded product after removal of most of the oil rom the oil from selected, sound, cleaned and dehulled soybeans by a mechanical or solvent extraction process. It shall contain not more than 4.0 percent crude fiber. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2798.5. Sunflower Products. (a) Sunflower Meal, Dehulled, Mechanically Extracted, is obtained by grinding the residue remaining after the extraction of most of the oil from dehulled sunflower seed by a mechanical extraction process. (b) Sunflower Meal, Dehulled, Solvent Extracted, is the ground residue remaining after extraction of most of the oil from dehulled sunflower seed by a solvent extraction process. (c) Sunflower Meal, Mechanically Extracted, is the ground residue remaining after extraction of most of the oil from whole sunflower seed by a mechanical extraction process. (d) Sunflower Meal, Solvent Extracted, is the ground residue remaining after extraction of most of the oil from whole sunflower seed by a solvent extraction process. (e) Sunflower Hulls consist of the outer covering of sunflower seeds. When used in a mixture the maximum percentage shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2799. Other Oilseed Products. (a) Canola Meal low erucic acid low glucosinolate consists of the meal obtained after the removal of most of the oil, by a direct solvent or prepress solvent extraction process, from the whole seeds of the species Brassica napus or Brassica campestris the oil component of which seed contains less than 2.0 percent erucic acid and the solid component of which seed contains less than 30 micromoles of any mixture of 3-butenyl glucosinolate, 4 pentenyl glucosinolate, 2-hydroxy-3-butenyl glucosinolate and 2-hydroxy-4-pentenyl glucosinolate per gram of air dry, oil free solid. It must contain a maximum of 12.0 percent crude fiber and a maximum of 30 micromoles of glucosinolates per gram of air dry, oil free solid. It must contain a maximum of 12.0 percent crude fiber and a maximum of 30 micromoles of glucosinolates per gram. (b) Rapeseed Meal, Mechanically Extracted, is obtained by grinding the cake which remains after removal of most of the oil by mechanical extraction of the seed from the rapeseed plant (Brassica) and contains a minimum of 32.0 percent protein and a maximum of 12.0 percent crude fiber. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2800. Wheat Products. See Section 2704 for definitions of wheat products containing screenings. (a) Wheat Bran is the coarse outer covering of the wheat kernel separated from cleaned and scoured wheat in good commercial milling practice. (b) Wheat Feed Flour consists principally of wheat flour together with fine particles of wheat bran, wheat germ, and the offal from the "tail of the mill." This product shall be obtained from good commercial milling process. It shall contain not more than 1.5 percent crude fiber. (c) Wheat Germ Meal is wheat germ together with bran and middlings or shorts resulting from good commercial processing. It shall contain not less than 25 percent crude protein and 7 percent crude fat. (d) Wheat Mill Run is coarse wheat bran, fine particles of wheat bran, wheat shorts, wheat germ, wheat flour, and the offal from the "tail of the mill." This product shall be obtained in the usual process of commercial milling containing not more than 9.5 percent crude fiber. (e) Wheat Middlings consists of fine particles of wheat bran, wheat shorts, wheat germ, wheat flour, and some of the offal from the "tail of the mill." This product shall be obtained in good commercial milling practice and contain not more than 9.5 percent crude fiber. (f) Wheat Shorts consists of fine particles of wheat bran, wheat germ, wheat flour, and offal from the "tail of the mill" obtained in good commercial milling practice and contain not more than 7 percent crude fiber. (g) Wheat Red Dog consists of offal from the "tail of the mill" together with some fine particles of wheat bran, wheat germ, and wheat flour. This product is obtained in good commercial milling practice and contains not more than 4 percent crude fiber. (h) Defatted Wheat Germ Meal is wheat germ meal from which part of the oil or fat has been removed and contains not less than 30 percent crude protein. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2801. Yeast Products. (a) Primary Dried Yeast or Dried Yeast is the dried, non-fermentative yeast of the botanical classifications Saccharomyces which has been separated from the medium in which propagated. It shall consist of yeast cells with no fillers and contain not less than 40.0 percent crude protein. (b) Irradiated Dried Yeast, is the dried, non-fermentative yeast which has been subjected to ultraviolet rays in order to produce anti-rachitic potency. (c) Yeast Culture is the product composed of yeast grown on malt, in a base of cereal meals and capable of producing active fermentation. The ingredients shall be stated on the label. Products resembling Yeast Cultures but not having reproductive activity shall be labeled "Inactivated Yeast Culture" followed by the statement "Will Not Produce Fermentation." (d) Active Dry Yeast is yeast which has been dried in such a manner as to preserve a large portion of its fermenting power. It shall consist of yeast cells and contain no added cereal or filler and shall contain not less than 15 billion live yeast cells per gram. (e) Brewers Dried Yeast is the dried, non-fermentative, non-extracted yeast of the botanical classification Saccharomyces resulting as a by-product from the brewing of beer and ale. It must not contain less than 35.0 percent crude protein. It must be labeled according to its crude protein content. (f) Torula Dried Yeast or Candida Dried Yeast is the dried, non-fermentation yeast of the botanical classification (torulopsis) Candida utilis (formerly Torulopsis utilis) which has been separated from the medium in which propagated. It must contain not less than 40.0 percent crude protein (g) Yeast Culture is the dried product composed of yeast and the media on which it was grown, dried in such a manner as to preserve the fermenting activity of the yeast. The media must be stated on the label. (h) Molasses Yeast Condensed Solubles is obtained by condensing to a syrup consistency the broth remaining after the removal of baker's yeast cells propagated on molasses. (i) Brewers Liquid Yeast is the non-fermentative, non-extracted yeast of the botanical classification Saccharomyces resulting as a by-product from the brewing of beer and ale. It must contain not less than 35.0 percent crude protein on a dry weight basis. The guaranteed analysis shall include the maximum moisture. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2802. Miscellaneous Products. (a) Oil Cake is the product obtained after the extraction of part of the oil by crushing, cooking, and pressing, or by crushing, heating, and the use of solvents, from vegetable seeds which have been screened and cleaned of weed seed, hulls, and other foreign materials by a commercial process. A name indicative of the source shall be prefixed to the words "oil cake." (b) Oil Meal is oil cake ground to a meal. A name indicative of the source shall be prefixed to the words "oil meal." (c) Silage is green fodder that has been preserved with or without additives by ensiling. Normally the material is finely cut and blown into a chamber such as a pit or bag where it is pressed to exclude air and where it undergoes an acid fermentation that retards spoilage. The materials shall be labeled to show the kind of silage, for example, corn silage, oat silage, hay silage. When the product is sold in a formula or mixed feed, all ingredients shall be stated on the label. The label shall state the following guarantees: minimum percent crude protein, minimum percent crude fat, maximum percent crude fiber, maximum percent ash and maximum and minimum percent moisture. (d) Ground Bean Screenings or Ground Pea Screenings is the ground, broken and culled beans or peas removed from field run beans or peas in the process of recleaning. They shall be free from dirt, pods, and straw. (e) Charcoal (vegetable) is charred hard or soft wood, nut shells, or fruit pits. If it is wood charcoal, it shall bear a designation indicating whether it is hard wood charcoal or soft wood charcoal. Charcoal from nut shells or fruit pits shall be designated as shell charcoal. When used in a mixed feed the maximum percent shall be stated on the label. (f) Dried Citrus Pulp, Citrus Meal is the dried, peel and residue of the inside portions, and occasional cull fruits of the citrus family with or without the extraction of part of the juice and part of the oil of the peel. If a neutralizing agent, e.g., calcium oxide, calcium carbonate, or calcium hydrate is added as an aid in processing, the maximum percentage shall be stated. If it bears a name descriptive of its kind, it shall correspond thereto. (g) Wet Citrus Pulp, is the peel and residue of the inside portions, and occasional cull fruits of the citrus family with or without the extraction of part of the juice and part of the oil of the peel. If a neutralizing agent, e.g. calcium oxide, calcium carbonate, or calcium hydrate is added as an aid in processing, the maximum percentage shall be stated. If it bears a name descriptive of its kind, it shall correspond thereto. (h) Coca Bean Shells or Coca Bean Hulls is the hard outside coating of the coca bean. (i) Ground Cull Nut Meats or Ground Nut Meat Screenings is the ground fragments, immature, and culled nut meats obtained in the cleaning and grading of nut meats. They shall be free of shells, hulls, dirt, and other foreign material. (j) Feeding Dried Fruits consists of the culled substandard fruit or surplus production of the dried fruit industry. It may contain an artificial color or flavoring matter which has been approved by the secretary. It shall bear a name descriptive of its kind. (k) Ground Straw or Chopped Straw is ground or chopped cereal or other straws from which the seeds have been removed. It shall bear a name descriptive of its kind. When used in a mixture, the maximum percentage shall be stated. ( l) Ground Dried Vegetables is dried, ground vegetables. It shall bear a name descriptive of its kind. (m) Buckwheat Middlings is that portion of the buckwheat grain immediately under the hull after separation of the flour containing no more hulls than is obtained in good commercial buckwheat milling practice, and containing not more than 10.0 percent crude fiber. (n) Dried Kelp is dried seaweed. The maximum percentage of sodium (Na) and the minimum percentage of potassium (K) shall be declared. If the kelp is sold as a source of iodine (I), the minimum percentage of iodine shall be declared. If the product is prepared by artificial drying, it may be called "Dehydrated Kelp." (o) Dehydrated Silage Pellets are wholesome silage (ensilage) which has been dried by thermal means and formed into pellets by a mechanical process. The product should bear a name descriptive of the type of silage pelleted, such as "Dehydrated Alfalfa Silage Pellets," etc. (p) Paunch Product, Dehydrated, is a product composed of the contents of the rumen of slaughtered cattle, dehydrated at temperatures over 100 degrees centigrade to a moisture content of 12.0 percent or less, and sufficient to destroy all pathogenic organisms. It shall be dehydrated promptly after removal from the rumen to prevent decomposition. (q) Bagasse is the portion of the stalk (leaves and tops removed) of sugar cane remaining after extraction of the juice. (r) Coastal Bermudagrass Hay is the dried aerial portion of the perennial hybrid grass, Coastal Bermuda (Cynodon dactylion) (L.) (Pers.), free of other crop plants, and weeds which have been cultivated as a crop and harvested during a period of active growth. If it is fully ground, it shall be designated as "Coastal Bermudagrass Meal." If it is dried by thermal means, it may be designated as "Dehydrated Coastal Bermudagrass Hay" or "Dehydrated Coastal Bermudagrass Meal." (s) Dried Tomato Pomace is a dried mixture of tomato skins, pulp, and crushed seeds. If the pomace contains spices used in the production of a tomato product, this shall be shown in the name as "Dried Spiced Tomato Pomace." (t) Ground Straw is the ground product remaining after separation of the seed from mature forage plants. The source of the material shall constitute a part of the name of the product; i.e., "Ground Blue Grass Straw," "Ground Alfalfa Straw." (u) Ground Grass is obtained by drying and grinding grass which has been cut before formation of the seed. If a specie name is used, the product shall correspond thereto. (v) Dehydrated Garbage is artificially dried, undecomposed animal and vegetable table waste, from which crockery, glass, metal, string and similar materials have been removed, processed at a temperature sufficient to destroy pathogenic organisms. If part of the grease and fat is removed, it shall be designated as "Degreased Dehydrated Garbage." (w) Cereal Food Fines consists of particles of breakfast cereals obtained as a by-product of their processing. (x) Dried Bakery Product is a mixture of bread, cookies, cake, crackers, flours, and doughs which has been mechanically separated from non-edible materials, artificially dried and ground. If the product contains more than 3.5 percent sodium, the maximum percentage of sodium shall be a part of the name; i.e., Dried Bakery Product with __ percent sodium. (y) Buckwheat Hulls is the outer covering of the buckwheat obtained in the milling of buckwheat flour. (z) Guar Meal is whole guar beans after removal of most of the endosperm. If the product is heat treated, it may be designated as "heat treated" or "toasted." (aa) Synthetic Fatty Alcohol is a blend of long chain linear and branched alcohols with carbon numbers ranging from C 20 through C 32 and of hydrocarbons ranging from C 24 through C 40. The product is an off white (straw) color, soft solid, with a melting point of approximately 115 [FNo] F. The product shall contain not less than 95.0 percent long chain alcohols. It shall be labeled to show the minimum percent long chain alcohols, and maximum percent moisture, insoluble and unsaponifiable matter. The statement "For use in ruminant feeds only, not to exceed 5.0 percent of the ration," shall appear on the label. When used in blended fat or other fat products, the percent shall be stated. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2803. Lignin Sulfonate. (a) General Provisions: Lignin Sulfonate is ammonium, calcium, magnesium, or sodium salt, or a combination, of spent sulfite liquor derived from the sulfite digestion of wood in either a liquid or dry form. The moisture shall not exceed 6 percent by weight in the dry form, or 50 percent by weight in the liquid form. The label shall state whether the product is the ammonium, sodium, magnesium, or calcium salt or the combination thereof. Where the ammonium is used, the percent of equivalent crude protein from nonprotein nitrogen shall be guaranteed as applicable. The label shall show total sugars expressed as invert sugar, maximum moisture, maximum ash, and maximum sodium for sodium lignin sulfonate, maximum magnesium for magnesium lignin sulfonate, and maximum calcium for calcium lignin sulfonate. (b) Spent lignin sulfonate is lignin sulfonate with part or all of the sugar removed by fermentation or other process and shall be labeled with the same guarantee as lignin sulfonate in subsection (a). (c) When lignin sulfonate is added to a mixed feed, in an amount not exceeding 2 percent of the total mixture, the type of lignin sulfonate need not be stated in the list of ingredients of the mixed feed. Note: Authority cited: Sections 407 and 14902, Food and Agricultural Code. Reference: Sections 14992 and 15011, Food and Agricultural Code. s 2835. Standards. The uniform standards for field crop products include the standards for grain established by the Secretary of the United States Department of Agriculture under the authority of the United States Grain Standards Act, 7 USC 71 in 7 Code of Federal Regulations, Chapter VIII Parts 800, 801, 802 and 810, and standards for other field crop products and the manufactured products and by-products of such field crops established under the authority of the Agricultural Marketing Act of 1946, 7 USC 1621 in 7 Code of Federal Regulations Parts 57 and 68. Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code. 1. Originally published 7-25-45 (Title 3). 2. Revision filed 11-16-49 designated to be effective 1-1-50 (Register 18, No. 6). 3. Repealer and new section filed 5-27-55; designated effective 7-1-55 (Register 55, No. 8). 4. Amendment filed 2-19-65; designated effective 6-1-65 (Register 65, No. 3). 5. Amendment filed 11-4-82; effective thirtieth day thereafter (Register 82, No. 45). s 2836. Standards for Safflower Seed. (a) Terms defined. (1) For purposes of the Official Standards of the State of California for Safflower Seed: (A) Safflower Seed. Safflower Seed shall be any seed which, before the removal of dockage, consists of 50 percent or more of safflower seed. (B) Grades. Grades shall be "Safflower Seed," "Sample grade Safflower Seed," and special grades provided for in the standards. (C) Dockage. Dockage shall be weed seeds, weed stems, chaff, straw, grain other than safflower seed, empty hulls, sand, dirt, and other foreign material; also underdeveloped, shriveled, and small pieces of safflower seed kernels removed in properly separating the material other than safflower seed and which cannot be recovered by properly rescreening or recleaning. (D) Damaged Kernels. Damaged kernels shall be kernels and pieces of kernels of safflower seed which are damaged by blight and/or mold, or which are heat damaged, sprouted, frosted, badly ground damaged, badly weather damaged, or otherwise materially damaged. (E) Heat-damaged Kernels. Heat-damaged kernels shall be kernels and pieces of kernels of safflower seed which have been damaged by heat. (F) Stones. Stones shall be concreted earthy or mineral matter and other substances of similar hardness that do not disintegrate readily in water. (G) Other Grains. Other grains in safflower seed shall consist of kernels of wheat, barley, oats, corn, sorghum, rye and triticale. (b) Principles Governing the Application of the Standards. (1) The following principles shall apply in the determination of the grades of safflower seed: (A) Basis of Determination. Each determination of other grains, dockage, moisture, temperature, odor, live weevils or other insects injurious to stored safflower seed, and distinctly low quality shall be upon the basis of the seed as a whole. All other determinations shall be upon the basis of the seed when free from dockage. (B) Percentages. All percentages shall be upon the basis of weight. (C) Moisture. Moisture shall be ascertained by the air-oven method prescribed by the United States Department of Agriculture as described in Service and Regulatory Announcement No. 147 (1959 revision), issued by the Agricultural Marketing Service and available from the Department of Food and Agriculture, Grain and Commodity Inspection, 1220 N Street, Sacramento, California 95814, or ascertained by any method which gives equivalent results. (c) Grades, Grade Requirements, and Grade Designations. (1) The following grades, grade requirements, and grade designations are applicable under these standards: (A) Safflower Seed. The grade "Safflower Seed" shall be safflower seed with not more than 3.0 percent damaged kernels, not more than 0.1 percent heat-damaged kernels, not more than 3.0 percent other grains, and not more than 8.0 percent moisture. (B) Sample Grade Safflower Seed. The grade "Sample grade Safflower Seed" shall be safflower seed which does not meet the requirements for the grade Safflower Seed; or which contains stones; or which is musty, or sour, or heating; or which has any commercially objectionable foreign odor; or which is otherwise of distinctly low quality. (C) Grade Designation. The grade designation for safflower seed shall include the words "Safflower Seed" or the words "Sample grade Safflower Seed," as the case may be; the name of each applicable special grade; and the word "dockage" together with the percentage thereof. (D) Dockage. The quantity of dockage shall be calculated in terms of percentage based on the total weight of the seed including the dockage. Dockage shall be stated in terms of tenths (1/10) of percent. (d) Special Grades for Safflower Seed (1) Weevily safflower seed. (A) Requirements. Weevily safflower seed shall be safflower seed which is infested with live weevils or other insects injurious to stored safflower seed. (B) Grade Designation. Weevily safflower seed shall be graded and designated according to the grade requirements of the standards applicable to such safflower seed if it were not weevily, and there shall be added to, and made part of the grade designation, the word "weevily." The specifications of these standards shall not excuse failure to comply with applicable federal and state laws governing the sales of such commodities. Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code. s 2837. Standards for Tame Cultivated Mustard Seed. Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. s 2838. Standards for Wild Rice. (a) Terms Defined. (1) For purposes of the Official Standards of the State of California for Wild Rice: (A) Wild Rice. Wild Rice shall be whole or broken kernels of wild rice (Zizania pallustris L.) from which the hulls have been removed and which contain not more than ten percent (10.0%) of seeds, unhulled kernels, or foreign material, either singly or combined. (B) Grades. Grades shall be numerical, 1 through 4, and Sample Grade, as provided for in the standards. (C) Classes. Wild Rice shall be divided into six classes: Large Class, Medium Class, Thin Class, Short Wild Rice, Broken Wild Rice, and Mixed Wild Rice as provided for in the standards. (D) Damaged Kernels. Whole or broken kernels of Wild Rice which are distinctly damaged by water, heat, insects, mold or any other means. (E) Distinctly Low Quality. Wild Rice that is obviously of an inferior quality because of an unusual state or condition, and that cannot be graded properly by use of other grading factors provided in the standards. (F) Foreign Material. Foreign material shall be all matter other than Wild Rice. (G) Related Foreign Material. Related foreign material shall be hulls, germs, and the bran of Wild Rice which have been separated from the Wild Rice. (H) Unrelated Foreign Material. Unrelated foreign material shall be foreign material other than related foreign material, seeds, unhulled kernels and damaged kernels. (I) Unhulled Kernels. Whole or broken kernels of Wild Rice having a portion or portions of the hull remaining which covers one-eighth (1/8) or more of the total surface area of the kernel. (J) Seeds. Whole or broken seeds of any plant other than Wild Rice. (K) 6 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 6/64 inch in diameter. (L) 12 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 12/64 inch in diameter. (M) 20 Plate. A laminated metal plate 0.142 inch thick, perforated with rows of round holes 20/64 inch in diameter. (b) Principles Governing the Application of the Standards. (1) The following principles shall apply in determining the grades of Wild Rice: (A) Distinctly Low Quality. The determination of distinctly low quality shall be made on the basis of the lot as a whole at the time of sampling, or, for submitted samples, the sample as a whole at the time of grading. (B) Certain Quality Determinations. Each determination for rodent pellets, bird droppings, other animal filth, broken glass, castor beans, cockleburs, crotalaria seeds, insect infestation, odor, metal fragments, stones, unknown foreign substances, and any commonly recognized harmful or toxic substances shall be made on the basis of the sample as a whole. When a condition exists that may not appear in the representative sample, the determination may be made on the basis of the lot as a whole at the time of sampling. (C) Seeds, Unhulled Kernels, Related or Unrelated Foreign Material shall be on the basis of 500 grams cut from the original sample. (D) Moisture shall be made on the basis of 250 grams cut from the original sample. (E) Damaged kernels shall be on the basis of not less than 25 grams cut from the original sample. (F) Determination for grade shall be based on not less than 25 grams cut from the original sample. (G) Percentages. All percentages except for moisture, shall be on the basis of weight. The percentages of all factors shall be recorded to the nearest tenth of a percent. (H) Moisture. Water content of Wild Rice shall be determined by a device approved by the Secretary. (I) Length Determination. Lengths of kernels shall be determined by use of equipment or by any method which gives equivalent results. (J) Width Determination. Widths of kernels shall be determined by use of equipment or by a method which gives equivalent results. (K) All other determinations shall be made on the basis of the original sample. (c) Classes. (1) The following classes are applicable under these standards: (A) Large Class. Large Class Wild Rice shall be Wild Rice which is equal to or greater than 1.50 mm in width and has ninety percent (90.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) less than or equal to 12/64 inch. Large Class Wild Rice shall contain not more than nine percent (9.0%) of Medium Class Wild Rice and not more than one percent (1.0%) of Thin Class Wild Rice. (B) Medium Class. Medium Class Wild Rice shall be Wild Rice which is equal to or greater than 1.15 mm and less than 4/64 inch in width and has eighty-five (85.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) of kernels that are less than or equal to 12/64 inch in length. Medium Class Wild Rice shall contain not more than fifteen percent (15.0%) of Large Class Wild Rice and not more than five percent (5.0%) of Thin Class Wild Rice. (C) Thin Class. Thin Class Wild Rice shall be Wild Rice which is less than 1.15 mm in width and has eighty (80.0%) or more of kernels that are more than 20/64 inch in length and not more than five percent (5.0%) that are less than or equal to 12/64 inch in length. Thin Wild Rice shall contain not more than ten percent (10.0%) of Medium Class Wild Rice. (D) Short Wild Rice. Short Wild Rice shall be whole or pieces of Wild Rice kernels that has eighty percent (80.0%) or more of kernels that are more than 12/64 inch and equal to or less than 20/64 inch in length. The remaining twenty percent (20.0%) of Short Wild Rice shall be any combination of length greater than 6/64 inch. (E) Broken Wild Rice. Broken Wild Rice shall be whole or pieces of Wild Rice kernels that have eighty percent (80.0%) or more of kernels that are more than 6/64 inch and equal to or less than 12/64 inch in length and not more than one percent (1.0%) of kernels that are less than 6/64 inch in length. (F) Mixed Wild Rice. Mixed Wild Rice shall be Wild Rice that does not meet the requirements for Classes Large, Medium, Thin, Short, or Broken Wild Rice. (d) Grades, Grade Requirements, and Grade Designations. (1) The following grades, grade requirements, and grade designations are applicable under these standards: (A) Grades and Grade requirements Grade Unhulled Seeds Damaged Unrelated Total Kernels Kernels Foreign (Related & Material Unrelated Foreign Material Basis 500 Grams 500 GR. 25 Grams 500 Grams 500 Grams No. 1 3 2 3 0.1% 0.3% No. 2 5 4 6 0.1% 0.3% No. 3 8 6 9 0.1% 0.3% No. 4 12 8 12 0.1% 0.3% Sample >12 >8 >12 >0.1% >0.3% Grade (B) Grade Designations. The Grade and Class Designation for Wild Rice shall include in the following order: the letters "CA"; the number of the Grade or the words "Sample Grade", as warranted; the words "or better", when applicable and requested by the applicant prior to inspection; the class of Wild Rice; and the term "Wild Rice". Note: Authority cited: Sections 407, 52001 and 52002, Food and Agricultural Code. Reference: Sections 52001 and 52002, Food and Agricultural Code. s 2840. Inspection Services Performed by the Director Under Agreement with Federal Grain Inspection Service. (a) The Director shall have the authority pursuant to contract with the county involved to designate the county agricultural commissioner and employees of the agricultural commissioner to act as agents of the Director in the performance of services performed by the Director pursuant to cooperative agreements with, and delegations of authority by, the United States Department of Agriculture, Feeral Grain Inspection Service, pursuant to the provisions of the United States Grain Standards Act, as amended, 7 U.S.C. 71 et seq., 7 CFR Parts 800, 801, 802 and 810, or under related authority of the U.S. Secretary of Agriculture. (b) County agricultural commissioners and employees of the agricultural commissioner shall be deemed employees of the Directory of Food and Agriculture when performing services designated in subsection (a) above and shall, when performing such services, be directly responsible to and under control of the Director of Food and Agriculture to the same extent as employees of the Director. Note: Authority cited: Section 407, Food and Agricultural Code . Reference: Sections 482, 483, 2281 and 52002, Food and Agricultural Code. s 2841. Fees and Charges. All fees, as fixed by the director, are for services performed during regular work hours of business at or near inspection offices, and at such other inspection points as may be established from time to time. Additional charges will be made to pay for travel, excessive standby time, overtime, mileage, shipping of samples, reporting by telephone or telegraph, and any other costs which are not of normal occurrence. The director may collect such fees and charges in advance of performing the services but is not required to do so if in his opinion the benefits of such services would be lessened by such payments. Invoices for fees and charges shall be rendered monthly and are due and payable within 30 days of the date of the invoice. If the invoice is not paid within the time specified, services may be withheld until the delinquent account has been paid and there has been deposited with the department a cash deposit guaranteeing the payment of future services. The amount to be deposited shall be determined by the director based upon expected charges. Additional deposits may be required for services requested beyond those covered by the initial deposit. Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Section 52002, Food and Agricultural Code. s 2842. Payment for Charges. Note: Authority cited: Sections 407 and 52002, Food and Agricultural Code. Reference: Sections 52001-52091, Food and Agricultural Code. s 2843. Grain, Soybeans, Safflower, and Flax Inspection Fees. s 2844. Hay Inspection Fees. s 2845. Hop Inspection Fees. s 2846. Peanuts, Unshelled or Shelled. Inspection Fees. s 2847. Rice Inspection Fees. s 2848. Inspection Fees and Charges, Miscellaneous Commodities and Services. s 2850. Terms and Definitions. For the purposes of this group: (a) "Planted area" means that portion of the field that may be planted to the rice variety specified in that section. (b) "Dryer" means a facility where rice is transported to lower its moisture content. (c) "Banking out" means the process of transferring rice from the harvester to a trailer. (d) "Broadcasting" means the action of spreading rice seeds on the surface of the field by hand or machine. (e) "Foundation seed" means seed stock produced from breeder seed by or under the direct control of an agricultural experiment station. Foundation seed is the source of certified seed, either directly or through registered seed organizations. (f) "Basic seed" means a class of seed produced under the responsibility of the breeder according to the generally accepted practices for the maintenance of the cultivars that is intended for the production of Certified Seed. Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040 and 55047, Food and Agricultural Code. s 2851. Production and Handling of Conventionally Bred Specialty Rice. Except as provided in subsection (b), the protocol specified in this section shall apply to the production and handling of rice varieties A-201, A-301, Calmati 201, Akita Komachi, Calhikari 201, Calmochi 101, Calpearl, Hitomebore, Koshihikari, NFD 108, NFD 109, SP-2, Sasanishiki, Surpass, WRS-4431, Arborio, Calriso, and koganemochi. (a) Protocol: 1. The producer shall keep any verifiable attribute as evidence of the seed grown in the planted area; such as, but not limited to, the bill of sale indicating the seed variety, seed certification number, etc. 2. Seeding may be by air, ground seeding or broadcasting. 3. There shall be a buffer zone with a distance of at least twenty (20) feet between a field planted with rice specified in this section and a field planted with any type of rice not specified in this section. The producer shall keep the buffer zone clear of rice seedlings and rice plants by removing any such rice and avoiding irrigation of the area to prevent germination of the rice. Foundation or basic seed produced in accordance with industry seed production standards shall have a buffer zone of at least ten (10) feet from any other rice not specified in this section. 4. Producers shall clean all planting equipment after it is used to plant rice, or require that any person who plants rice for the producer clean the planting equipment. Cleaning may be by air, liquid or other means that removes all rice seed from the planting equipment. 5. Producers shall clean all harvesting and transportation equipment after it is used to harvest or transport rice, or require that any person who performs these activities clean the equipment. Cleaning may be by air, liquid or other means that removes all rice seed from the harvesting and transportation equipment. 6. The person in physical possession of rice specified in this section shall ensure that the container or conveyance truck holding the rice continually exhibit a tag or mark that is clearly and immediately identifiable. The tag or mark shall specify lot number, variety, field number, and grower name. 7. Handlers and warehouse operators shall clean all conveyance and storage equipment to prevent mixing of rice. Cleaning may be by air, liquid or other means that removes all rice seed from the conveyance and storage equipment. 8. Rice varieties specified in this section may only be mixed for commercial purposes. (b) Any person who proposes to use a protocol more restrictive than subsection (a) shall submit the protocol to the Committee for verification. Any such proposal shall be submitted to the Committee by December 31 of the year preceding the growing season in which the rice will be produced or handled. (c) Compliance with protocols used by persons subject to this section may be audited and verified by the Commission. All protocol records shall be retained for two years and shall be submitted for inspection at a reasonable time upon written demand of the Commission or its duly authorized agent. Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040(b)-(c), 55045(a)-(c) and 55047, Food and Agricultural Code. s 2852. Production and Handling of Colored Bran Rice. The following protocol specified in this section shall apply to the production and handling of rice varieties LBJ 489 "Black Japonica," LWE 218 "Wehani," HKB 102 "Hong Kong Black," Sun West "Rojito," and Sun West "Black Rice." (a) Protocol: (1) Planting (A) The producer shall keep any verifiable attribute as evidence of the seed grown in the planted area; such as, but not limited to, the bill of sale indicating the seed variety, seed certification number, etc. (B) Aerial application is prohibited. (C) Producers shall plant by ground seeder only or require that any person who plants for the producer do so by ground seeder only. (D) There shall be a buffer zone with a distance of at least twenty (20) feet between a field planted to rice specified in this section and a field planted with any type of rice not specified in this section. The producer shall keep the buffer zone clear of rice seedlings and rice plants by removing any such rice and avoiding irrigation of the area to prevent germination of the rice. Foundation or basic seed produced in accordance with industry seed production standards shall have a buffer zone of at least ten (10) feet from any other rice not specified in this section. (E) Producers shall use a tarp or other material at least six mil thick to cover loads of rice seed to prevent dispersal, or require that any person who performs this activity for the producer prevent dispersal of the rice seed. (F) Producers shall require that rice seed is delivered and loaded into the ground seeder at the field being planted. (G) Producers shall clean all planting equipment after it is used to plant rice, or require that any person who plants rice for the producer clean the planting equipment. Cleaning may be by compressed air, liquid or other means that removes all rice seed from the planting equipment. (H) Producers shall maintain written records known as "clean out logs" that specify the name of the person, time, date, and location that the clean out occurred on all planting equipment, or require that any person who cleans the planting equipment maintains clean out logs. (2) Production (A) Producers shall prevent dispersal of rice seed beyond the planted area. (B) Producers shall inspect all buffer zones and eliminate rice seedlings and rice plants. (C) Producers shall place screens on all drains during field flooding to prevent movement of rice seeds or rice seedlings. Screen mesh diameter shall be no larger than 1/8 inch. (D) Fields planted with rice specified in this section shall not be planted with any other rice not subject to this section in the following year. Producers shall inspect such fields for rice volunteers for one year and all rice volunteers shall be removed and destroyed. (3) Harvesting (A) Producers shall prevent the dispersal of rice beyond the planted area when operating harvesting equipment, or require that any person who operates the harvesting equipment for the producer prevent the dispersal of rice beyond the planted area. (B) Banking out of rice and loading of trailers shall be performed at the field being harvested or at designated areas. Designated areas mean uncultivated land adjacent to the planted area. The route from the field and the designated areas may be located in the buffer zone. (C) Producers shall clean all harvesting equipment after it is used to harvest rice, or require that any person who harvests for the producer clean the equipment in the field or designated area. All material resulting from the cleaning must be collected and returned to the field where the crop was grown. Cleaning may be by compressed air, liquid or other means that removes all rice seed from the harvesting equipment. (D) Producers shall maintain written records known as "clean out logs" that specify the name of the person, time, date, and location that the clean out occurred on all harvesting equipment, or require that any person who cleans the harvesting equipment maintains clean out logs. (E) The owner or operator of equipment that has harvested rice specified in this section shall notify the owner or operator of the next rice field in which the equipment is used, that the equipment has harvested such rice. (4) Transporting (A) Producers shall use a tarp or other material at least six mil thick to cover loads of harvested rice to prevent dispersal, or require that any person who performs this activity for the producer prevent dispersal of the harvested rice. (B) A harvest delivery receipt specifying the name of the producer, harvest location, rice variety, and weight shall accompany all rice loads to storage. (C) The person in physical possession of rice specified in this section shall ensure that the container or conveyance truck holding the rice continually exhibit a tag or mark that is clearly and immediately identifiable. The tag or mark shall specify lot number, variety, field number, and grower name. (D) Producers shall clean all transportation equipment after it is used to transport rice, or require that any person who transports for the producer clean the equipment. Cleaning may be by air, liquid or other means that removes all rice seed from the transportation equipment. (E) Producers shall maintain written records known as "clean out logs" that specify the name of the person, time, date, and location that the clean out occurred on all transportation equipment, or require that any person who cleans the transportation equipment maintains clean out logs. (F) Laboratories that receive samples of rice specified in this section shall not mix the rice for commercial purposes after it is used for testing or analysis. (5) Drying and Storage (A) Handlers and warehouse operators shall maintain physical separation of each rice variety received to prevent mixing of rice samples. (B) Handlers and warehouse operators shall clean all conveyance and storage equipment to prevent mixing of rice. Cleaning may be by compressed air, liquid or other means that removes all rice seed from the conveyance and storage equipment. (C) Handlers and warehouse operators shall maintain written records known as "clean out logs" that specify the name of the person, time, date, and location that the clean out occurred on all conveyance and storage equipment. (D) Handlers and warehouse operators shall document product receipt and delivery. Documentation shall include harvest delivery receipt and weight certification matching the field and rice variety being harvested. Final sales records and all other documentation shall be available for audit. (b) Compliance with the protocol used by persons subject to this section may be audited and verified by the Commission. All protocol records shall be retained for two years and shall be submitted for inspection at a reasonable time upon written demand of the Commission or its duly authorized agent. Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55040(b)-(c), 55045(a)-(c) and 55047, Food and Agricultural Code. s 2853. Scope of Coverage. Any person, or his or her duly authorized representative (respondent), may contest a notice of alleged violation and request an informal hearing as specified in this article. Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code. Reference: Sections 55045 and 71131, Food and Agricultural Code; and Sections 11400.20 and 11445.20, Government Code. s 2854. Filing Deadlines and Procedures. (a) The respondent may request an informal hearing in writing and file the request with the California Rice Commission (Commission). (b) The request for an informal hearing shall be received by the Commission within 30 days from the date of the notice of alleged violation. (c) The request for an informal hearing shall be received by the Commission within 72 hours from the date of the notice of alleged violation if the Commission states in the notice that it intends to take action to enjoin the movement of rice from a specified site. (d) Failure to file a timely request for an informal hearing constitutes a waiver of the respondent's right to contest the notice of alleged violation. Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 55040, 55045 and 71131, Food and Agricultural Code. s 2855. Informal Hearing Schedule and Notification. (a) The Commission shall schedule an informal hearing within 30 days from the receipt of the request for an informal hearing from the respondent. (b) The Commission shall schedule the informal hearing to be held within 72 hours from the receipt of the request for an informal hearing if the Commission states in the notice that it intends to take action to enjoin the movement of rice from a specified site. (c) Upon scheduling an informal hearing, the Commission shall provide notice of the informal hearing to the respondent, which shall contain the following information: (1) Date, location, and time of the informal hearing; (2) Commission telephone and facsimile numbers, and any other relevant contact information; (3) Subject matter of the alleged violation; and, (4) Any other information or documentation relative to the alleged violation. Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Sections 55045 and 71131, Food and Agricultural Code. s 2856. Conduct of Informal Hearing. (a) Informal hearings shall be conducted as follows: (1) The Commission shall designate a person who will preside as the hearing officer. (2) The standard of proof to be applied by the hearing officer shall be the preponderance of the evidence. The burden of proof shall be on the respondent. (3) Informal hearings may be conducted in person or by telephone at the discretion of the hearing officer. (4) The decision of the hearing officer shall be in writing, with a statement of findings and the conclusion, and shall be issued within 14 days of the completion of the informal hearing. (5) The decision shall be served on the respondent either by personal service or by facsimile transmission upon issuance of decision. (6) The decision shall be effective immediately and shall be final unless appealed pursuant to Section 71131, Food and Agricultural Code. (7) The Commission shall provide a copy of the decision to any interested party upon written request. Note: Authority cited: Sections 407 and 55022, Food and Agricultural Code; and Section 11400.20, Government Code. Reference: Section 71131, Food and Agricultural Code; and Sections 11425.50 and 11440.30, Government Code. s 2857. Injunctive Relief. Nothing in this article shall prevent the Commission from immediately seeking injunctive relief. Note: Authority cited: Section 55022, Food and Agricultural Code. Reference: Sections 55107(b), 55045(c) and 55046, Food and Agricultural Code. s 2924. Specimens for Laboratory Examination. The inspector may remove from any apiary specimens of bees or comb for laboratory examination. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29151, 29154, 29161 and 29162, Food and Agricultural Code. s 2925. Marking of Diseased Colonies. Upon finding a colony to be diseased with American foulbrood the inspector shall plainly mark on each hive body, super and cover of such diseased colony the letters AFB preceded by a numeral indicating the total number of hive bodies and supers occupied by the diseased colony, followed by the date and the initials of the inspector. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29154, Food and Agricultural Code. s 2926. Written Consent for Abatement of Disease. The inspector may abate the disease in the manner set forth in Sections 29204 and 29207 of the Food and Agricultural Code prior to the expiration of the abatement notice upon consent of the owner or person in charge or in possession of the diseased apiary. Such consent shall contain a release of liability in a form prescribed by the Department. Note: Authority cited: Sections 407 and 29301, Food and Agricultural Code. Reference: Sections 29204 and 29207, Food and Agricultural Code. s 2950. Assessment. Each beekeeper, apiary owner, apiary operator or the person in possession of any apiary shall pay to the Director an annual fee in the amount stated in section 2951 based upon the largest number of colonies of bees in California under his ownership, possession or control during the preceding 12 month period. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29301, Food and Agricultural Code. s 2951. Assessment Fee. The apiary assessment fee is 15 cents ($0.15) per colony of honey bees. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29301, Food and Agricultural Code. s 2952. Penalties. A penalty fee of one-half the amount due shall be added to the required fee for all payments which are not paid within 31 days after receipt of notice from the Director, mailed to the business address, that payment is due; or which are delinquent 31 days and due from a person who has failed to file his business address with the Director. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29302, Food and Agricultural Code. s 2953. Filing of Business Address. Each beekeeper, apiary owner, apiary operator or person in possession of any apiary who has under his ownership, possession or control any colonies of bees in California during the reporting year shall file with the Director his business address and telephone number and any changes thereto, within 15 days after obtaining such ownership, possession or control. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Section 29302, Food and Agricultural Code. s 2954. Payment Form. Each assessment payment shall be accompanied by a duly completed return on a form available from the Director and shall certify under penalty of perjury that the information on the return is true and correct. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29301 and 29302, Food and Agricultural Code. s 2976. Definitions. All terms defined in the Food and Agricultural Code, when used in this article, have the meaning therein defined, unless a different meaning is apparent from the context. In addition, as used in this article: (a) "Plant" means the structure and equipment employed by a wax-salvage plant licensed under the provisions of Article 7 (commencing with Section 29191) of the Food and Agricultural Code. (b) "Enclosure" means the room or building of a plant constructed in accordance with the specifications in this article in which wax-salvage operations are performed. (c) "Contaminated" means infected, exposed to infection, or liable to carry infection, with the pathogen causing American foulbrood disease of bees. Note: Authority cited: Sections 407 and 29032, Food and Agricultural Code. Reference: Sections 29192 and 29194, Food and Agricultural Code. s 2977. Uniform Specifications for Plant Installations. Plants which may be licensed in California to salvage wax, hives and appliances from diseased apiaries shall be constructed in accordance with the following uniform specifications: (a) Local Restrictions. Plant installations shall comply with all local ordinances, including those regarding building, sanitation, and zoning. (b) Floors shall be of smooth finish concrete or other suitable water-tight material and shall be sloped toward an adequate drainage outlet connected directly to a settling tank. (c) A sanitary cove shall be provided at the junction of floor and walls. (d) Walls and ceiling may be of any suitable rigid material. All joints, cracks, and openings, including doors, windows and vents, shall be made bee-tight. (e) Windows and vents shall be double screened with wire screen not less than 16 mesh to the inch, the screens not less than three inches apart. (f) Vestibule. Any entrance to the enclosure shall be provided with a vestibule which shall be not less than six feet in length, either tightly walled or double screened in the same manner as specified for windows and vents, and with a tightly fitted door at each end. (g) Doors shall be solid, or double screened in the same manner as specified for windows and vents. (h) Vats shall be of durable construction and shall be equipped with an adequate heating device or provided with an adequate source of steam capable of maintaining water or lye water solution at the boiling point continuously for the required period of time. Each vat shall be provided with a drainage outlet connected directly to a settling tank or as may be approved by the Director. (i) Drainage from the floor or vats shall flow directly into a settling tank and thence directly into a sewage disposal system or a cesspool, except that the Director may prescribe other suitable means of disposal for the lye water solution. (j) Settling tanks for trapping wax and other solids in waste water shall have adequate capacity to contain all drainage water from all source connections during continuous operation of the plant. Settling tanks located outside the enclosure shall be underground and tightly covered or otherwise constructed in a manner that will make their contents inaccessible to bees. (k) Cesspools shall have adequate capacity to contain all drainage water from all source connections during continuous operation of the plant and shall be tightly capped or covered. (l ) Drainage connections located outside of the enclosure shall be watertight pipe and permit no leaks or seepage of waste water accessible to bees. (m) An incinerator or other adequate means of completely disposing of contaminated material shall be provided to the satisfaction of the Director. (n) Pallets shall be provided in the enclosure for handling of hives, appliances and wax which have undergone treatment. Note: Authority cited: Sections 407, 29032, 29192 and 29193, Food and Agricultural Code. Reference: Sections 29192 and 29193, Food and Agricultural Code. s 2978. Operation of Licensed Wax-Salvage Plants. All licensed wax-salvage plants in California shall be operated in accordance with the following: (a) A record shall be kept at the plant itemizing all diseased hives, appliances and comb received for treatment and showing the name and address of the owner of such diseased material. Such records shall be made available to the inspector upon request. (b) Contaminated material received at a plant shall at no time be exposed to robbing by bees. (c) All diseased hives, appliances and comb awaiting treatment at the plant shall be stored within the enclosure. (d) All salvage operations shall be performed within the enclosure, except as provided in Subsection (j). (e) Doors into the vestibule shall remain closed except during entry or exit. (f) No bees shall be permitted to escape from the enclosure or vestibule. (g) All comb and the contents of all frames shall be held not less than 30 minutes in boiling water in a vat. (h) Honey shall not be salvaged. (i) The frames, after removal of their contents, shall be boiled not less than 20 minutes in a solution of lye water in a vat. (j) The hive bodies, supers, covers and bottom boards shall be boiled not less than 20 minutes in a solution of lye water in a vat or shall be disinfected by scorching. Such articles may be removed from the enclosure for immediate scorching at the premises provided they are free of bees, honey and adhering comb. (k) Hives and appliances having surfaces which cannot be disinfected by scorching shall be boiled not less than 20 minutes in a solution of lye water in a vat. (l) The lye water solution shall be prepared using not less than one pound of lye to each 10 gallons of water. Before treated articles are removed from the lye water solution, all scum and other floating waste shall be skimmed or otherwise removed from the surface of the solution. After removal of treated articles, the vat shall be drained and new solution prepared or sufficient lye shall be added to restore the solution to its original strength. (m) Hives, appliances and wax, which have undergone treatment as herein prescribed, may be removed from the enclosure providing such treated articles are immediately placed on clean pallets to prevent contact with the floor and are otherwise handled within the enclosure in a manner to prevent contact with any contaminated object or material. (n) All solid refuse, including press cake, awaiting disposal, treatment or processing shall be kept within the enclosure. (o) Solid refuse which has been boiled 20 minutes in the lye water solution or press cake may be removed from the enclosure and buried at a site which has been approved by the Agricultural Commissioner of the county in which the plant is located. (p) All solid refuse which has not been boiled 20 minutes in the lye water solution shall be burned to ash in an incinerator at the premises, except that dry press cake may be delivered to a solvent extraction plant for further processing. (q) If the incinerator is detached from the enclosure, no contaminated material or material from within the enclosure shall be placed in the incinerator except during the actual process of burning, and no unburned combustible material shall be left in the incinerator. (r) Floors shall be cleaned at the end of each day's operation. (s) Settling tanks located outside the enclosure shall at no time be open when bees are flying. (t) The contents of a cesspool containing waste from an enclosure may be emptied only with the approval of the Agricultural Commissioner of the county in which the plant is located, under such safeguards as the Commissioner may prescribe to prevent exposure of contaminated waste to bees at any time during the removal, transportation and ultimate disposal of such waste. Note: Authority cited: Sections 407, 29032, 29192 and 29193, Food and Agricultural Code. Reference: Sections 29192 and 29193, Food and Agricultural Code. s 2990. Acarine Mite Quarantine. Note: Authority cited: Sections 407, 29032 and 29061, Food and Agricultural Code. Reference: Sections 29003, 29006, 29007, 29009, 29061 and 29063, Food and Agricultural Code. s 2991. African Honey Bee Quarantine. Note: Authority cited: Sections 407, 5322, 29032 and 29061, Food and Agricultural Code. Reference: Sections 5006, 29003, 29006, 29007, 29061 and 29063, Food and Agricultural Code. s 2992. Honey Bee Tracheal Mite Control. Note: Authority cited: Sections 407, 29110 and 29301, Food and Agricultural Code. Reference: Sections 29009, 29070, 29072, 29073, 29110 and 29111, Food and Agricultural Code. s 2993. Varroa Mite Exterior Quarantine. Note: Authority cited: Sections 407, 29110, and 29301, Food and Agriculture Code. Reference: Sections 29110 and 29111, Food and Agriculture Code. <<(Subchapter Originally Printed 7-25-45)>> s 3000. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3001. Definitions. (a) "Virus-infected" means infected by any of the virus or virus-like diseases listed in this article. (b) "Index" means testing a plant for infection of a specific virus disease by grafting with tissue from it to an indicator plant or by other means approved by the director. Information regarding such other means may be obtained from the Department's Pest Exclusion Unit. (c) "Virus-tested" means tested for specific virus or virus-like diseases listed in this article using procedures as outlined in this article. (d) "Off-type" means different from the variety for which registration or certification had been applied. (e) "Selected tree" means a seed or scion tree for which registration is requested. (f) "Registered" means a registration number has been assigned by the Department to a seed or scion tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material for certified nursery stock. (g) "Foundation block" means an outdoor planting of citrus trees, maintained by the University of California, in which trees may be registered to serve as a primary source of propagating material. (h) "Protected foundation block" means an indoor planting, maintained by state or federal agencies, in which trees may be registered to serve as a primary source of propagating material. (i) "Nursery increase block" means a planting of citrus nursery stock, propagated directly from registered trees. (j) "Certified block" means a planting of citrus nursery stock for the production of certified nursery stock. (k) "Foundation stock" means propagating material produced from a registered tree in any foundation block or from properly indexed material propagated and grown in an approved state, federal, or university glasshouse or screenhouse. ( l "Registered stock" means propagating material from a registered tree. (m) "Registered increase stock" means propagating material from a nursery increase block. (n) "Certified citrus nursery stock" means trees propagated by using scions from registered stock, and certified in accordance with the provisions of this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3002. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Except as otherwise specified, certification, registration, approvals, determinations, inspections, index tests and supervision shall be conducted by the Department. (a) Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting which are found not to exceed the percentages stated in Section 3003(g)(7). (b) Responsibility of Applicant: The applicant shall be responsible for the: (1) Selection of the tree for testing. (2) Selection of the location and of the proper maintenance of any plants being grown under the provisions of this article. (3) Application for the registry or re-registry of plants being grown under the provisions of this article. (4) Maintaining the identity of all plants entered in this program. (5) Farming and sanitation practices. (6) Notifying the Department of the date and material of all pest control treatments applied in the plantings for which inspections must be made. (7) Notifying the Department at least one week in advance of the harvesting as to when it will commence. (8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number. (c) Location of Plantings: Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means. A nursery increase block and certified block shall be located not less than 50 feet distant from any established citrus tree. Each nursery increase block and certified block shall be a separate planting sufficiently apart from any other planting to maintain its identity. Selected seed or scion trees for registration may be selected from any location with the approval of the Department. (d) Maintenance of Plants: All plants entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming and nursery practices to guard against spread of pests to plants entered in this program. To assure that inspections may be made properly and to provide close working knowledge of field operations, the applicant shall notify the Department in advance of any planting, propagating or pruning operation or removal of nursery stock or trees in any planting entered in this program. All pruning shears, saws or other implements shall be disinfected in an approved manner prior to any fruit picking or cutting of any selected or registered tree, or any clonal selection within an increase block or certified block. Any plant found to be off-type, showing symptoms characteristic of stubborn disease, or infected with a virus, may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree. Labeling of each selected or registered tree and of nursery stock growing in plantings entered in the program to identify it as to rootstock and as to its scion source shall be done in an approved manner. (e) Eligibility and Planting Requirements: (1) Rootstock Propagation: The rootstock of any plant entered in the program may be grown from registered seed or it may be vegetatively propagated providing the propagating wood meets the same requirements as the scion to be used for the plant. (2) Foundation Block: A selected tree may be planted in a foundation block when propagated with a scion from a registered tree in a foundation block or when propagated from a greenhouse -or screenhouse -grown scion that has passed the short-term inspection and testing procedures required in Section 3003 and has completed or is under the cachexia-xyloporosis index. The tree may be registered when inspection and testing procedures prescribed in Section 3003 have been completed with satisfactory results and when the tree has produced sufficient fruit to give acceptable evidence that it is not off-type. A selected tree found to be ineligible for registration shall be removed from a foundation block. (3) Selected Trees: Any individual orchard, yard, or container seed or scion tree may be selected for inspection and indexing for registration under the terms of this article. (4) Nursery Increase Block: Scions used to propagate the nursery stock in a nursery increase block shall be from registered trees. Within 18 months of propagation, scions may be taken from the block for use in growing certified nursery stock. Trees in a nursery increase block also may be certified. (5) Certified Block: Scions used to propagate the nursery stock in a certified block for certification shall be from registered trees or from a nursery increase block. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3003. Inspection and Testing Procedures. Inspection and indexing procedures prescribed in this article may be made by the University of California, the United States Department of Agriculture, or the Department and shall be conducted in an approved manner at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve indexing on a fewer number of indicator plants, or may approve other procedures for testing for virus infection if determined equally suitable. Additional inspections or indexing other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible, or when virus infection is suspected, or when virus symptoms may be masked in a particular variety. The Department shall assign an identification numbered tag to a selected seed or scion tree pending registration. (a) Trees in a Foundation Block: The scion parent of any tree planted in a foundation block shall have been indexed for and not found to be infected with the specific viruses listed by using the specific indicator plants listed in the following table: Indicator Plant Disease Citrus excelsa............... Tatter leaf & Tristeza Dweet tangor................. psorosis, concave gum Etrog citron................. Exocortis Mexican lime................. Tristeza, vein enation seedling yellows, yellowvein Sour orange.................. seedling yellows Sweet orange................. psorosis, concave gum Rusk citrange................ citrange stunt Parson's special mandarin.... cachexia-xyloporosis Only the tristeza and exocortis indexes shall be required if the scion parent of the selected tree is a registered tree in a foundation block. Trees to be planted in a foundation block must be grown in an approved glasshouse or screenhouse. Following planting in a foundation block, a tree shall be indexed for tristeza, vein enation, psorosis and exocortis viruses within the 12-month period before registration. In subsequent years after registration, tristeza indexing shall be repeated within one year prior to budwood collection from a registered tree. Each registered tree shall be reindexed for exocortis virus every third year and for psorosis virus every sixth year. Each foundation block tree shall receive one or more visual inspections each year. The fruit of bearing trees, except lemons, shall also be inspected each year after color break. (b) Testing for virus or viroid infection of scion trees other than those in a foundation block planting shall be by use of specific methods or indicator plants for specific virus or virus-like diseases as stated below and in the following table: Indicator Plant Disease Mexican lime.... Tristeza Sweet orange.... Psorosis, concave gum Etrog citron.... Exocortis For the production of increase and certified block plantings propagated from registered trees, indexing for tristeza virus is required each year in which approval for cutting budwood is requested; indexing for psorosis and exocortis is required every third year. Each tree shall be given one visual inspection each year in which testing is requested. (c) A selected seed tree and trees adjacent to it shall be given at least one visual inspection by the Department prior to registration. The selected seed tree shall be index-tested for the psorosis disease using the sweet orange indicator plant or other means of detection approved by the director. Information regarding such other means may be obtained from the Department's Pest Exclusion Unit. (d) Order of Indexing: Indexing shall be made in the order in which applications are received and as indicator host plants are available. (e) Registration Period: Registration for a scion tree is for a three-year period and six years for a seed source tree. Registration may be continuous provided application for inspection and testing is filed with the Department prior to the expiration date of registration. (f) Nursery Increase Block, Certified Block: One visual inspection shall be made each year of plants in a certified block. In a nursery increase block the inspection shall be made before buds are cut. (g) Refusal or Cancellation of Registration or Certification: Registration or certification may be refused or canceled for any plants in part or all of a planting if: (1) The requirements of this article have not been met. (2) A selected or registered plant is found to be off-type. (3) A tree is found to be within the range of possible root graft of another tree found to be virus-infected. (4) The pest cleanliness requirements for nursery stock, Section 3060.2 of the nursery inspection regulations, have not been met. (5) For any reason the identity of a plant becomes uncertain or has not been properly maintained. (6) A registration number is misused or misrepresented. (7) An accumulated percentage of more than one-half percent of the trees of the same variety on the same kind of rootstock are found virus-infected in a nursery increase block or more than two percent virus-infected or stubborn affected trees in a certified block. Either visual inspections or the results of indexing or both may be used as a basis for calculating the number of trees that may be infected. (8) A tree is found to be in a high risk area for tristeza. (9) A tree is found, by current procedures, to be infected with any of the virus or virus-like diseases listed in subsections (a) or (b). (10) At the discretion of the Department, a seed tree determined to be or likely to be virus-infected with a virus other than psorosis may be reistered when it is growing in an area where such virus is known to be prevalent and is not being subjected to eradication or control by the Department. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3004. Application and Fees. (a) Application. The applicant shall furnish information requested and shall give consent to the Department to take plant materials from any planting for reinspection or indexing purposes. An application shall be submitted for the acceptance of any plant or planting and for subsequent inspections, approvals, registration or certification, and may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location, and to supervise any treatment that may be required. (b) Fees. Fees established in this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, indexing, approval, registration and certification procedures herein provided and are not to obtain any right or privilege. Fees shall not be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees providing there shall be no expense to the Department other than for observation of the inspection and indexing required in this article and for the keeping of records. When the procedures are conducted by the University of California or by the United States Department of Agriculture, they shall not be less than provided in this article and the Department shall be notified each year of the trees to be entered or continued in the program. (1) Fees. The Department shall establish a schedule of fees for services provided in this article. The fee shall be based upon the approximate cost of the services rendered. (2) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. Note: Authority cited: Sections 407, 5821-5823, Food and Agricultural Code. s 3010. Disclaimer of Warranties and Financial Responsibility. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3010.1. Definitions. Note: Authority cited: Sections 407, and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3010.2. General Provisions. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3010.3. Inspection and Testing Procedures. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3010.4. Application and Fees. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3012. Disclaimer of Warranties and Financial Responsibility. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.1. Definitions. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.2. General Provisions. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.3. Testing and Inspection Procedures. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.4. Refusal or Cancellation. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.5. Stock Identification. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3012.6. Application and Fees. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3015. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3015.1. Definitions. (a) "Virus-infected" means infected by a virus or having symptoms or behavior characteristic of a virus disease listed in this article. (b) "Index" means testing a plant for specific virus infection using specific indicator plants listed in Sections 3015.3 and 3015.4. (c) "Off-type" means different from the variety or selection listed on the application for registration or certification. (d) "Registered" means that a registration number has been assigned by the Department to a tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material for certified nursery stock. (e) "Foundation block" means a planting of trees, maintained by the University of California, which are to serve as a primary source of propagating material. (f) "Mother block" means a planting of trees to be registered and maintained by an applicant as a source for growing certified nursery stock. (g) "Nursery increase block" means a planting of nursery stock which may be used as a propagating source to produce registered stock for the growing of certified nursery stock, or which may be used for growing trees which may be planted in a scion orchard. (h) "Scion orchard" means an orchard planting of trees which may be registered to serve as a source of registered scion wood for the growing of certified nursery stock. (i) "Certified block" means a planting of nursery stock for the production of certified nursery stock. (j) "Foundation stock" means propagative material from the foundation block. (k) "Registered stock" means propagating material produced in a mother block, in a nursery increase block, from registered trees in a scion orchard, and/or seed or liners grown from seed from registered seed source trees. ( l "Certified nursery stock" means yearling or younger trees propagated from registered stock and certified in accordance with the provisions of this article. (m) "Virus-tested" means tested for virus or other graft-transmissible disease listed in and using procedures outlined in this article. (n) "Seed source tree" means a tree which may be tested and registered to produce registered seed. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821-5822, Food and Agricultural Code. s 3015.2. Requirements for Participants' Plantings and Stock. (a) Generally. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Registration, certification, approvals and supervision shall be conducted by the Department. Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting which are found not to exceed the percentages stated in Section 3015.3(c)(6). (b) Responsibility of Applicant. The applicant shall be responsible for: (1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article. (2) Maintaining the identity of all plants entered in the program. (3) Application for registry or re-registry of plants being grown under the provisions of this article. (4) Selection of the trees for index-testing for the Prunes ring-spot virus and prune dwarf virus. (5) Farming and sanitation practices. (6) Notifying the Department at least one week in advance of the harvesting as to when harvesting will commence. (7) Placing the information required on each certification tag furnished by the Department. (c) Location of Plantings. (1) Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means. (2) A mother block shall be located not less than 300 feet from any other plant of the same genus not entered in this program and not less than 1/2 mile from any commercial planting of the same genus and the ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. Trees in a mother block shall be planted in rows which are at least 10 feet apart, and trees in each row shall be at least five feet apart. (3) A scion orchard, a nursery increase block or a certified block shall be a separate planting sufficiently apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial orchard planting of peach and nectarine. (4) No restrictions are placed on the location for a registered seed source tree. (d) Maintenance of Plantings. (1) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program. (2) To assure that inspections may be made properly and to provide close working knowledge of field operations, the applicant shall notify the Department in advance of any planting, propagating or pruning operation or removal of nursery stock or trees in any planting entered in this program so that approval can be granted before the work is done. (3) Any plant found to be off-type or virus infected may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree. (4) Identification of each registered tree and of nursery stock growing in plantings entered in the program to identify it as to rootstock and scion sources shall be done in an approved manner. (e) Eligibility and Planting Requirements. Any variety of deciduous fruit and nut tree when approved by the Department is eligible for entry in this program as provided in this article. (1) Eligibility of Stock. To be acceptable for registration or certification or to be eligible for any planting entered in this program, a plant shall have been inspected and tested, and not found to be virus-infected or off-type, as provided in Sections 3015.3 and 3015.4, or the plant shall have an equivalent known history which has been approved. In addition: (A) Registered stock scion wood shall be taken from a nursery increase block within four years from the time the scions were initially placed in the nursery increase block. (B) For planting and registration of a tree in a scion orchard, the Department shall be notified at the time of planting of the applicant's intention to seek registration and application for registration shall be filed within six years of the time of the original planting of the scion orchard. Verification of trueness of the fruit shall be the responsibility of the applicant. Prior to registration of a tree in a scion orchard it shall be tested by indexing in a Shirofugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and shall be given a visual inspection. Information regarding such other methods may be obtained from the Department's Pest Exclusion Unit. (2) Plants eligible for planting shall be as follows: (A) In a Mother Block -Foundation stock. Only mahaleb rootstock shall be used for cherries. (B) In a Nursery Increase Block -Foundation stock or registered stock scions directly from a registered mother block tree. (C) In a Certified Block -Foundation stock or registered stock. (D) In a Scion Orchard -Foundation stock produced in a nursery increase block. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3015.3. Inspection and Testing Procedures for Prunus Species. (a) Generally. Inspection and testing procedures prescribed in this article for an applicant's plantings will be made by the Department and shall be conducted at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve other procedures for testing for virus infection if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible, or when virus infection is suspected, or when virus symptoms may be masked in a particular variety. (1) At the Department's discretion and under its close supervision, the applicant may provide the Shiro-fugen cherry indicator trees and the labor to collect budwood from selected trees and to perform the budding and related testing tasks. However, the Department shall make all of the disease readings and determinations. (b) Qualification of Stock. (1) Registered Trees -Mother Block. Each registered tree in the mother block shall be tested each year by indexing in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and shall be visually inspected prior to stock distribution. (2) Registered Trees -Scion Orchard. Registered trees in a scion orchard shall be indexed in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and visually inspected each year in which scion wood is harvested. (3) Seed Source Trees. A Prunes species tree may be registered as a seed source tree after being tested by indexing in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and at least one visual inspection. (4) Nursery Increase Block, Certified Block. At least one visual inspection shall be made each year of plants in a nursery increase block or in a certified block. (5) Information regarding other methods approved by the director in (1), (2) and (3) may be obtained from the Department's Pest Exclusion Unit. (c) Refusal, Suspension or Cancellation of Registration or Certification. Registration or certification may be refused, suspended or canceled for any plants in part or all of a planting if: (1) The requirements of this article have not been met. (2) The plant is found to be virus-infected or off-type. (3) A registered tree is found virus-infected and it is determined that plants propagated from it also are liable to be infected. (4) Yellow leaf roll virus disease of peach is found within 300 feet. (5) The pest cleanliness requirements for nursery stock in the nursery inspection regulations, Section 3060.2, have not been met. (6) An accumulated percentage of more than 1/2 percent of the trees of the same variety on the same kind of rootstock are found virus-infected in an increase block or more than 2 percent in a certified block unless all such virus-infected trees are removed under the supervision of the Department. Either visual inspections or the results of indexing or both may be used as a basis for calculating the number of trees that may be infected. (7) For any reason the identity of a plant becomes uncertain or has not been properly maintained. (8) A registration number is misused or misrepresented. (9) Registered stock is not used primarily to produce certified nursery stock. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3015.4. Foundation Stock Requirements. The University of California is responsible for the selection, propagation, trueness to variety, identification, index-testing and pest cleanliness of all plants in the foundation block. An inventory of eligible trees in the foundation block shall be provided to the Department annually. A record of foundation stock distributed shall be provided to the Department within 60 days following distribution and shall include the names and addresses of the program participants to whom the stock was distributed. To be eligible for foundation stock, the plant, including the rootstock if used, shall have been index-tested and found free of specific virus diseases by using the specific indicator plants listed in the following table: Indicator Plant Disease Elberta Peach Peach yellows, little peach, peach rosette, rosette mosaic, phony peach mosaic, x -disease complex, yellow bud mosaic, wart, peach mottle, prunes stem pitting and astroid spot. Bing Cherry Western -x, rusty mottle, mottle leaf, rasp leaf, twisted leaf, tatter leaf, small bitter cherry, and peach mottle. Kwanzan Cherry Green ring mottle. Shiro -fugen Cherry Prunes ring -spot complex and prune dwarf virus. Tilton Apricot Ring pox. Shiro Plum Line Pattern. The indicator plants shall be observed for two successive growing seasons, except Shiro-fugen cherry which shall be observed for a minimum of 30 days. Each tree in a foundation block shall be tested for the Prunes ring-spot virus complex and prune dwarf virus by approved detection methods each year. Other procedures for virus detection approved by the Department may be used if determined to be equally suitable. The foundation block shall be located at least 300 feet from any other plant of the same genus not entered in the program and at least one-half mile from any commercial planting of the same genus. Trees in a foundation block shall not be registered until variety identification is confirmed. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3015.5. Application and Fees. (a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals, registration or certification therein and it may be refused unless made sufficiently in advance of time of planting to permit the department to establish the origin of the stock, to determine the suitability of the location and to supervise any treatment that may be required. (b) Fees. The Department shall establish a schedule of fees for services provided in this article. Fees are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, approval, registration and certification procedures herein provided and are not to obtain any right or privilege. (c) Exemption from Fees. No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees provided there is no additional expense to the Department other than for observation of the inspection and testing required in this article and for the keeping of records. When the procedures are conducted by the University of California or by the United States Department of Agriculture, they shall not be less than are provided in this article and the Department shall be notified each year of the trees to be entered or continued in the program. (d) Refund. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. Pome fruit trees, for which provisions have been included in this article, may be registered for the purpose of providing rootstock and scion sources for the propagation of certified nursery stock when inspected and tested for virus diseases and other pests by procedures outlined in this article. Registration and certification are limited to varieties or clones that are considered to be the best available in the industry from a pest cleanliness standpoint. s 3020. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3020.1. Definitions. (a) "Certified block" means a planting of nursery stock for the production of certified nursery stock. (b) "Certified nursery stock" means yearling or younger trees propagated from registered stock and certified in accordance with the provisions of this article. (c) "Foundation block" means a planting of trees, maintained by federal or state agencies, which are registered or are to be registered to serve as a primary source of propagating material. (d) "Foundation stock" means propagative material from the foundation block. (e) "Index" means testing a plant for virus infection by grafting with tissue from the plant to an indicator plant or by other approved means. (f) "Mother block" means a planting of trees to be registered and maintained by an applicant as a source for establishing an increase block and as a propagative source for growing certified nursery stock. (g) "Nuclear stock" means plants which were propagated from indexed sources and which have been regularly re-indexed and protected continuously from virus infection by federal or state agencies. (h) "Nursery increase block" means a planting of nursery stock, maintained by the applicant, which may be used as a propagating source to produce registered stock for growing of certified nursery stock, or which may be used for growing trees which may be planted in a mother block. (i) "Off-type" means different from the variety or selection listed on the application for registration or certification. (j) "Registered" means that a registration number has been assigned by the Department to a tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material to produce certified nursery stock. (k) "Registered stock" means propagating material produced in a mother, nursery increase, or from registered rootstock stool blocks. ( l "Registered rootstock stool block" means a planting of vegetatively propagated rootstocks, maintained by the applicant, propagated from foundation stock. (m) "Virus-infected" means infected by a virus or having symptoms or behavior characteristics of a virus disease. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3020.2. Requirements for Plantings and Stock. (a) Generally. Participation in this program is voluntary and may be cancelled at the option of the applicant. Registration, certification, approvals, and supervision shall be conducted by the Department. Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting. (b) Responsibility of the Applicant: The applicant shall be responsible for: (1) The selection of the location and the proper maintenance of the plantings being grown under the provisions of this article. (2) Maintaining the identity of all plants entered in the program. (3) Notifying the Department in advance of any planting, propagating, or pruning operation or removal of nursery stock or trees in any planting entered in this program so that approval can be granted before the work is done. (4) The application for registry or re-registry of the plants being grown under the provisions of this article. (5) Farming and sanitation practices. (6) Notifying the Department of the date of and material used for all pest control treatments in the plantings for which inspections must be made. (7) Notifying the Department at least one week in advance of the harvesting as to when it will commence. (8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number. (c) Location of Plantings: (1) Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means. (2) A mother block or a planting of nursery stock being grown for planting in a mother block shall be located at least 100 feet from any other plant of the same genus not entered in this program to maintain plant identity and at least 300 feet from any commercial planting of the same genus to minimize disease infection. The ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. Trees in a mother block shall be planted in rows which are at least ten feet apart and trees in each row shall be no less than five feet apart to maintain plant identity. (3) A nursery increase, certified, seed bed, or a rootstock stool block shall be a separate planting 12 feet apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial planting of the same genera to minimize disease infection. (d) Maintenance of Plantings: (1) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program. (2) Identification of each registered tree, increase, certified, or stool block entered in the program shall be done in an approved manner. (3) Any plant found to be off-type or virus-infected may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree. (e) Eligibility and Planting Requirements. Any kind or variety of pome fruit tree, when approved by the Department, is eligible for entry in this program. (1) Eligibility of Stock. To be acceptable for registration and/or certification or to be eligible for any planting entered in this program, a plant shall have been inspected and tested, and not found to be virus-infected or off-type, as provided in Section 3020.3 or the plant shall have an equivalent known history which has been approved by the Department. In addition: (A) Mother block trees shall be propagated by using nuclear or foundation stock scions and eligible rootstocks. (B) Increase block trees shall be propagated by using nuclear, foundation, or mother stock scion and eligible rootstocks. The rootstock may be seedlings. (C) Certified block trees shall be propagated by using nuclear foundation, mother, or increase scion wood. The rootstock may be seedlings or stock produced in a registered stool block. (D) Registered rootstock stool blocks shall be propagated by using either nuclear or foundation rootstocks. (2) Planting Requirements. Plants eligible for planting and requirements for plantings shall be as follows: (A) Mother Block. Application for the registration of trees in a mother block shall be filed prior to the planting of the tree in an approved location. Trees in a mother block may be required to be index-tested ten years after planting in the block. (B) Increase Block. To be eligible as registered stock, scion wood shall be taken from a nursery increase block within five years from the time the scions were initially placed in the nursery increase block. (C) Certified Block. Any seed source to produce seedling understock may be used as well as understock from a registered stool block. (D) Registered Rootstock Stool Block. Fumigation of the stool block location is required. The fumigant dosages shall be those prescribed in Schedule "A" of the "Approved Treatments," Item #12 in the Department's Nursery Inspection Procedure Manual. Registration of the block will be for a 10-year period. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3020.3. Inspection and Testing Procedures for Pome Fruit Trees. (a) Generally. Inspection and testing procedures prescribed in this article may be made by the University of California, the United States Department of Agriculture, other state agencies with comparable indexing programs, or the Department, and shall be conducted in an approved manner at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve indexing on a fewer number of indicator plants if the plant being tested is itself a good indicator for a particular disease, or may approve other procedures for testing for virus infection if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible or when virus infection is suspected, or when virus symptoms may be masked in a particular variety. (b) Qualification of Stock. (1) Registered Trees in a Mother Block. Each registered tree may be given a visual inspection annually. Index testing may be required for registered trees in a mother block ten years from the planting date of the trees or sooner if virus infection is suspected. (2) Nursery Increase Block, Certified Block, Registered Rootstock Stool Block. At least one visual inspection shall be made each year of plants in a nursery increase block, a certified block, and a registered rootstock stool block. A registered rootstock stool block is required to be root sampled for the detection of harmful nematodes each year after the second growing season of the block. (3) Other Qualified Stock. Pome fruit propagative stock from other state agencies, USDA, and other countries, which were produced under a program with the same requirements as provided in this regulation, will be accepted into this program. (c) Refusal, Suspension, or Cancellation of Registration or Certification. Registration or certification may be refused, suspended, or cancelled for any plants in part or all of a planting for any of the following reasons: (1) The requirements of this article have not been met; (2) The plant is found to be virus-infected or off-type; (3) A registered tree is found virus-infected and it is determined that plants propagated from it also are liable to be infected; (4) The pest cleanliness requirements for nursery stock in Section 3060.2 of the nursery inspection regulations have not been met; (5) For any reason the identity of a plant becomes uncertain or has not been properly maintained; or (6) A registration number is misused or misrepresented. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3020.4. Foundation Stock Requirements. The University of California or other government agencies supplying foundation or nuclear stock are responsible for the selection, propagation, trueness to variety, identification, index-testing and pest cleanliness of the plants. An inventory of eligible trees in the foundation or nuclear blocks shall be provided to the Department annually. A record of stock distributed shall be provided to the Department within 60 days of the distribution and shall include the names and addresses of the persons to whom the stock was distributed. To be eligible for foundation or nuclear stock, the plant, including the rootstock if used, shall have been index-tested for and found free of virus infection using the following indicator plants: Virginia crabapple; Spy 27, Russian seedling R12740-7A, Golden Delicious, Lord Lambourne, Gravenstein, and Sparten apples; Quince C7/1; Pyrus veichii; and Hardy, Bartlett, and Bosc pears. A procedure determined equally suitable to detect virus infection may be used instead of index-testing provided the procedure has been approved by the Department. The following are the location and planting requirements for foundation stock: The foundation block planting shall be located at least 300 feet from any commercial planting of the same genus to minimize disease infection. The ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. The foundation block planting shall be located in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or other means. Trees in a foundation block shall be planted in rows which are at least ten feet apart and trees in each row shall be at least five feet apart to maintain plant identity. Each tree planted in a foundation block shall be labeled as to variety and source. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3020.5. Application and Fees. (a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals, registration or certification therein and it may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location, and to supervise any treatment that may be required. (b) Fees. (1) The Department shall establish a schedule of fees for the services provided in this article. (2) Fees shall be paid in advance of the work done. Fees paid by participants are for the sole purpose of defraying expenses incurred in the inspection, approval, registration, and certification services provided and are not to obtain any right or privilege. (c) Exemption from Fees. No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees provided there is no additional expense to the Department other than for observation of the inspection and testing required in this Article and for record keeping. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3024. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3024.1. Definitions. (a) "Virus-infected" means infected by a graft-transmissible disease listed in Section 3024.3(a). (b) "Index-tested" means tested for specific graft-transmissible diseases using indicator plants as specified in Section 3024.3(a). (c) "Off-type" means different from the variety which is registered in the foundation block. (d) "Registered" means that a grapevine in a foundation block or in an increase block has qualified as a propagative source by meeting the inspection and testing required in this article. (e) "Foundation block" means a planting of grapevines propagated from indexed sources and maintained by the University of California in which each vine has been registered to serve as a source of foundation stock. (f) "Increase block" means a planting of grapevines, established with stock from a foundation block, which serves as a propagation source for the production of California Certified Grape Nursery Stock. (g) "Foundation stock" means plants which have been produced in a foundation block. (h) "Registered stock" means plants which have been produced in an increase block. (i) "Progeny vine" means a vine propagated from a rootstock and/or a top-stock source that is indexed and is intended for planting in a foundation block. (j) "California Certified Grape Nursery Stock" means vines, rootings, cuttings, grafts or buds taken or propagated from foundation or registered stock and certified in accordance with the provisions of this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3024.2. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the applicant. With the exception of the foundation block, registration, certification, approvals, and supervision shall be conducted by the Department. Indexing tests and inspections performed by the University of California on original source vines followed by visual inspections of vines from each subsequent planting in the participant's approved planting sites form the basis for certification by the Department. (a) Responsibility of the University of California. The University of California shall be responsible for the selection of source vines, index-testing, trueness to varietal identity, and disease status of the foundation stock. The University shall notify all current participants in the registration and certification program when foundation stock which participants are using is found to be disease infected. (b) Responsibility of Applicant. The applicant shall be responsible for: (1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article. (2) Maintaining the identity of all nursery stock entered in the program. (3) Submitting the application for certification. (4) Farming and sanitation practices. (5) Notifying the Department at least one week in advance of the harvesting as to when it will commence. (6) Placing the information required on each certification tag furnished by the Department. (7) Maintaining records, on an inventory sheet provided by the Department, of the certification tags used and the stock produced and sold. (c) Location of Plantings. Each planting shall be located in an area where contamination by soil-borne virus diseases of grapes from drainage, flooding, irrigation or other means is not likely to occur. Each planting shall be located at least 100 feet from any land on which grapevines have grown within the past ten years, and shall be in a location approved by the Department. The 100-foot distance may be waived provided stock planted within the 100-foot area is foundation, registered, or certified stock. Treatment to eliminate soil-borne pests in a manner approved by and under supervision of the Department may be required. (d) Maintenance of Plantings. Any planting entered in this program shall be kept in a thrifty growing condition, and pests shall be kept under intensive control. Suitable precautions shall be taken in cultivation, irrigation, movement, and use of equipment and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program. The Department shall be notified in advance of the planting, replanting, grafting, budding, rebudding, pruning, removal of nursery stock, or removal of vines in any planting entered in this program in order that necessary inspections may be made or approval granted before the work is done. Any plant found to be off-type shall be removed from any planting. Nursery stock, including cuttings, produced under the provisions of this article shall be stored, heeled-in, or calloused in media, beds, or storage areas approved by the Department. The Department may require such treatment as may be necessary to protect against infection or infestation with pests. (e) Eligibility for Planting. (1) In a Foundation Block. To be acceptable for planting in a foundation block, a plant shall be foundation stock, or its rootstock and top-stock sources and the plant itself shall have been inspected and tested and not found to be virus-infected or off-type, as provided in Sections 3024.3(a) and (f). The index readings shall have been completed within 24 months, or the plant shall have an equivalent known history approved by the Department. The plant shall have been protected from possible virus infection in an approved manner from the time it was originally propagated until it is planted in a foundation block. (2) In an Increase Block. Foundation stock shall be acceptable for planting in an increase block. When approved by the Department, propagating wood from a field planted permanent increase block may be planted in the same increase block to increase its size or as replacements. (3) In a Nursery Planting. Foundation or registered stock shall be acceptable for planting or propagation in a nursery planting for certification. Vines in a field nursery planting for certification which are 12 months old or less from time of propagation may be used as a supplemental source of cuttings for production of additional certified stock after inspection and approval by the Department. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3024.3. Inspection and Testing Procedures. Inspection and testing procedures prescribed in this article may be made by the University of California, the United States Department of Agriculture, or the Department, and shall be conducted in a manner and at times determined by the Department as suitable. (a) Testing Progeny Vines. (1) The rootstock and top-stock sources of a progeny vine for which registration is planned and registered foundation vines for retesting shall be index-tested by using the specific indicator plants for the diseases as stated in the following table: Indicator Plant Disease St. George grapevine Fan leaf degeneration, fleck, asteroid mosaic, and corky bark Cabernet franc, LN-33, or Mission grapevine Leafroll LN-33 grapevine Corky bark and leafroll Chenopodium sp. Grape decline (yellow vein) and/or fanleaf degeneration (2) Propagating wood to produce the progeny vines for a foundation block shall be taken from the parent rootstock and top-stock sources in the same growing season that tissue is taken from the parent sources for indexing. The progeny vines shall be visually inspected at least twice each growing season prior to planting in a foundation block. (b) Inspection. (1) In a Foundation Block. At least two visual inspections of each vine shall be made by University personnel each growing season. (2) In an Increase Block. At least one visual inspection shall be made each year prior to the removal of fruit, if any, from the vines. (3) In a Nursery Planting. At least one visual inspection shall be made of grapevines in the nursery row. In addition, nursery stock shall be inspected at the time of digging. To be eligible for certification or for approval as registered stock, nursery stock shall not remain in the nursery row more than two growing seasons. (4) Additional inspections or tests may be required if seasonal conditions or other factors tend to obscure disease symptoms or make adequate inspection impossible, or when virus infection is suspected or disease symptoms may be masked in a particular variety. When index-testing is required, the indicator plants in subsection (a)(1) shall be used to test for the diseases indicated therein. (c) Registration or certification of grapevines entered in this program is based on index-testing to detect specific diseases as stated in subsection (a)(1). In the event a graft-transmissible disease is detected in the registered foundation vines by index-testing, registration shall be suspended on all vines, including foundation, registered increase blocks and certified plantings. In addition, the participant shall notify in writing all recipients of the nursery stock from suspended vines that a graft-transmissible disease has been detected and reported by the University of California. The registration or certification of the nursery stock of the suspended vines will be reinstated upon receipt of an agreement by each grower and/or seller that all invoices, sales slips, and certification tags will clearly specify the virus disease present. This agreement shall be filed with the Department prior to the re-registration or certification of nursery stock produced from suspended vines. Records shall be kept by the seller and/or grower of all sales transactions of nursery stock produced from suspended vines and a copy of the records shall be submitted to the Department. Certification of infected stock propagated from suspended vines shall be limited to propagation units already processed to produce nursery stock. (d) Refusal of Approval or Cancellation of Registration or Certification. Registration or certification may be refused or cancelled for any plants or planting if: (1) The requirements of this article have not been met; (2) Any vine in the planting is found virus-infected with a soil-borne virus; (3) The plant is off-type; (4) Any vine in the planting is found infected with any of the transmissible diseases listed in subsection (a)(1) that is not known to be soil-borne unless such vine is removed under supervision; (5) It is determined that a registered foundation block vine or registered increase block vine is transmissible disease-infected and the plants propagated from such source also are liable to be infected; (6) The pest cleanliness requirements for nursery stock, in Section 3060.2 of the nursery inspection regulations, have not been met. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3024.4. Application and Fees. (a) Application. The applicant shall furnish information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals, registration or certification therein, and it may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location, and to supervise any treatment that may be required. (b) Fees. Fees established in this article are payable in advance of the work to be done, and are for the sole purpose of defraying expenses incurred in the inspection, approval, registration, and certification procedures herein provided, and are not to obtain any right or privilege. (1) No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of vines provided there shall be no expense to the Department other than for observation of the inspection and testing required in this article, and for the keeping of records. When the procedures prescribed in this article are conducted by the University of California, or by the United States Department of Agriculture, they shall not be less than provided in this article and the Department shall be notified each year of the grapevines to be entered or continued in the program. (2) The Department shall establish a schedule of fees for services provided in this article. (3) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3030. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3031. Definitions. (a) "Certified block" means a planting of nursery stock for the production of certified nursery stock. (b) "Certified nursery stock" means trees propagated and certified in accordance with the provisions of this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822 Food and Agricultural Code. s 3032. Requirements for Plantings and Stock. (a) Generally. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Certification, approvals and supervision shall be conducted by the Department. (b) Responsibility of Applicant. The applicant shall be responsible for: (1) The selection of the location of the planting. (2) The proper maintenance of all planting and storage areas. (3) Maintaining the identity of all plants entered in the program. (4) Farming and sanitation practices. (5) Submitting the application for certification or approvals. (6) Placing the information required on each certification tag furnished by the Department. (7) Maintaining records of the certification tags used. (c) Location of Plantings. (1) Each planting and storage location shall be subject to approval and shall be in an area having minimal risks for spread of Phytophthora cinnamomi or other infectious pests by drainage, flooding, irrigation, or by other means. (2) A certified block shall be a separate planting at least 12 feet apart from other nursery stock to maintain its identity. (d) Treatment and Handling. (1) Avocado nursery stock for certification shall be grown in soil or other planting media treated by the following approved methods and materials. (A) Two pounds of actual methyl bromide per 100 cubic feet of soil with the soil depth not exceeding 12 inches with the soil temperature, in accordance with the product label, between 40 degrees F. and 80 degrees F. (4.4 degrees C. and 26.7 degrees C.) and enclosed by a gas proof tarp of not less than 1.5 mil. thickness. Soil in containers shall be enclosed by a gas proof tarp of not less than 6 mil. thickness and soil in containers shall not be more than 15 inches in depth. When treated with methyl bromide, the soil shall be prepared to a fine seed bed condition and there shall be no excessive moisture in the soil at time of treatment. (B) Aerated steam in a closed chamber may be used provided all soil reaches a temperature of not less than 140 degrees F. (60 degrees C.) and is maintained for a period of not less than 30 minutes. (C) Live steam in a closed chamber may be used provided all soil reaches a temperature of not less than 180 degrees F. (82 degrees C.) and is maintained for a period of not less than 30 minutes. (2) Vegetation shall not be permitted within 25 feet of a certified block except other nursery stock meeting similar sanitary conditions subject to approval of the Department. When a certified block is grown in an approved enclosure, the 25 foot isolation barrier may be waived. (3) A certified block shall be enclosed by an approved fence. At the discretion of the Department, the 25 foot isolation barrier may also be required to be enclosed by the approved fence. (4) Avocado seed for growing certified avocado nursery stock shall be immersed in hot water at a temperature of 120 degrees F. to 122 degrees F. for 30 minutes in a suitable dipping vat with adequate agitation to maintain even temperature. The treatment shall be conducted in an approved manner and in an approved vat. (5) Containers shall be treated in an approved manner except no treatment shall be required of new clean containers. (6) Certified nursery stock and treated seed shall be stored in an approved area to protect against infection by Phytophthora cinnamomi (7) Storage areas shall be treated in an approved manner. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3032.2. Inspection and Testing Procedures and Requirements; Refusal, Suspension or Cancellation of Certification. (a) Inspection and Testing. (1) Avocado nursery stock for certification may be required to be inspected and tested for Phytophthora cinnamomi by using approved laboratory methods. (b) Refusal, Suspension or Cancellation of Certification. Certification may be refused, suspended or cancelled for any plants in part or all of a planting if: (1) The requirements of this article have not been met, (2) A planting for certification is found infected with Phythophthora cinnamomi (3) The pest cleanliness requirements for nursery stock in the Nursery Inspection Regulations, Section 3060.2, have not been met. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3033. Application and Fees. (a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals or registration therein and it may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location and to supervise any procedures that may be required. (b) Fees. The Department shall establish a schedule of fees for service provided in this Article. The fee shall be based upon the approximate cost of the services rendered. (c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3033.1. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code. s 3033.2. Definitions. (a) "Viroid-infected" means infected by the sunblotch viroid. (b) "Index" means testing a plant for viroid infection by grafting with tissue from it to avocado seedling indicator plants. (c) "Off-type" means different from the variety or selection listed on the application for registration. (d) "Candidate tree" means a selected tree for which registration as foundation stock is intended when inspection and testing for freedom from sunblotch viroid are completed. (e) "Foundation stock" refers to candidate trees after testing by the Department and/or University of California and are registered to serve as primary sources of scion budwood or seed propagating material. (f) "Increase block" means an orchard planting of trees propagated from registered budwood and foundation rootstock trees or from previously established increase blocks to provide sunblotch-tested propagative material. (g) "Registered" means that a registration number has been assigned by the Department to: (1) foundation stock trees, (2) increase blocks, and (3) nursery planting blocks found to be free of sunblotch viroid after inspection and testing in accordance with the provisions of this article. (h) "Registered stock" means seed, seedlings, cuttings, or scionwood produced from either registered foundation or registered increase block trees. (i) "Registered nursery tree" means trees propagated using seed and scionwood from registered foundation stock or registered increase block trees. (j) "Test" means any testing procedure using plant material or its extracts to determine the presence or absence of a disease agent in or on the tested plant material. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code. s 3033.3. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Registration, approvals, and supervision shall be conducted by the Department. (a) Responsibility of Applicant. The applicant shall be responsible for: (1) The selection of the candidate tree. (2) The location of the increase block or nursery's tree plantings. (3) Application for registry or reregistry. (4) The proper maintenance of a planting being grown under the provisions of this article. (5) Maintaining the identity in an approved manner of all plants entered in the program. (6) Arrangements with the owner of the property on which the candidate trees or increase block trees are located so that inspections and collections of budwood for index-testing can be done with the owner's consent. (7) Farming and sanitation practices. (8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number. (9) Disinfection of cutting tools. (b) Location of Planting. Each increase block planting shall be subject to the approval of the Department. A registered increase block or nursery tree planting (other than container-grown trees) in the ground shall be at least 300 feet from established nonregistered avocado trees. If nonregistered avocado trees are located within 300 feet of established registered avocado trees, the Department will determine whether or not the registered trees require testing. (c) Increase blocks or nursery plantings (in the ground) shall not be on land previously planted to avocados. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code. s 3033.4. Inspection and Testing Procedures; Eligibility of Stock; Refusal, Suspension or Cancellation of Registration. (a) Generally. Inspection and testing procedures prescribed in this article may be made by the University of California and the Department, and shall be conducted in an approved manner at times determined as suitable by the Department. In the testing procedures required in this section, the Department may approve the substitution of other indicator plants if equally suitable or may approve indexing on a fewer number of indicator plants, if the plant being tested is itself a good indicator for the sunblotch viroid or may approve other procedures for testing if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if any of these conditions exist: seasonal conditions or other factors tend to obscure the sunblotch viroid symptoms or make adequate inspection impossible; sunblotch viroid infection is suspected; sunblotch viroid symptoms may be masked in a particular variety. (b) Eligibility of Stock. (1) Candidate Tree. Each candidate tree shall be assigned an in-test identification number and shall be either: (A) indexed for sunblotch viroid in an approved greenhouse facility under the supervision of the University of California and the Department. Each index test shall include indexing for sunblotch viroid by inoculating a minimum of 12 Guatemalan or West Indian variety avocado seedlings grown from registered foundation stock and graft-inoculated with tissue from the candidate tree. The inoculated seedlings shall be observed for a period of at least two years, except where results show a candidate tree is infected with sunblotch viroid. If no evidence of sunblotch viroid is found, the candidate tree may be registered as a foundation stock tree. or, (B) tested using the approved Polymerase Chain Reaction (PCR) developed to identify the sunblotch viroid. This test shall be performed by the University of California. Testing shall done in accordance with procedures developed by R. J. Schnell in 1997 as amended by J. A. Dodds in 1997. These procedures are available from the department upon request. If no evidence of sunblotch viroid is found, the candidate tree may be registered as a foundation stock tree. (2) Foundation Stock Tree. Candidate trees found to be free of sunblotch viroid following testing may be registered for use as primary sources of stock for the production of registered seed and scion materials. Registration is for a two-year period beginning with the start of the testing of the candidate tree. The in-test identification number of each candidate tree will become the tree registration number unless registration is refused or canceled as hereinafter provided. (3) Increase Block. Trees propagated using foundation stock seed and budwood shall be acceptable for planting in an increase block. Propagative material from an increase block may be planted in the same increase block to replace plants or increase its size or to establish other increase blocks. (A) The Department will assign a registration block number to each applicant's increase block upon receipt of an acceptable application and the proper fees. (B) Registration of increase block trees shall be for a period of two years from June 30 in the calendar year in which the registration was issued. (C) Registration of an increase block may be continuous provided application is filed with the Department prior to the expiration date of the original registration. (4) Registered Nursery Tree. Nursery trees shall be propagated using registered seed and scionwood. (A) Seed and budwood collection shall be done in a manner approved by the Department. (B) The Department, upon receipt and acceptance of an application and fees for a registered nursery planting, will assign a registration number to the nursery planting block. (C) Registration of a nursery planting shall be for a period of two years from June 30 in the calendar year in which the registration was issued. (c) Refusal, Suspension or Cancellation of Registration. Registration may be refused, suspended, or canceled for any planting or portion thereof when: (1) The requirements of this article have not been met, or (2) The plant or plantings are found to be sunblotch viroid infected or off-type, or (3) A registered tree is found sunblotch viroid infected and it is determined that plants propagated from it also are liable to be infected, or (4) For any reason the identity of a plant or planting becomes uncertain or has not been properly maintained, or (5) A registration number is misused or misrepresented. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code. s 3033.5. Application and Fees. (a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals or registration therein and it may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location and to supervise any procedures that may be required. (b) Fees. The Department shall establish a schedule of fees for service provided in this article. The fee shall be based upon the approximate cost of the services rendered. (c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3035. Disclaimer of Warranties and Financial Responsibility; Implementing Agreements and Forms. (a) Nature of "Certification." The term "certification" as used in this Program means that Department employees or agents have visually inspected growing grounds and crops thereon as described in this article. The term does not mean that the Department has inspected or is responsible for nuclear or parent stock, nor that the Department has control over the labeling of the stock by Program participants. Certification does not guarantee or warrant that the articles to which certification tags are attached, or which are otherwise represented as certified, are merchantable or fit for a particular purpose. (b) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts and plant materials under the Seed Potato Certification Program. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of he plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding the Program, except as provided in this section. (c) Each participant in the Program shall be required to sign the following Agreement as a condition of participation: CALIFORNIA SEED POTATO CERTIFICATION PROGRAM 3 California Administrative Code Section 3035 et seq. READ THIS DOCUMENT CAREFULLY AND COMPLETELY BEFORE SIGNING DISCLAIMER OF WARRANTIES AND NONLIABILITY AND INDEMNIFICATION AGREEMENT (1) The undersigned grower is a participant in the Seed Potato Certification Program of the Department of Food and Agriculture. Participant understands that the following limitations of liability apply: LIMITATIONS OF LIABILITY (A) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts and plant materials under the Program; (B) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program; (C) In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved; and (D) No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035. (2) Participant agrees to the above limitations of liability and further agrees: (A) to waive any and all causes of action for damages, indemnification, or otherwise, which may accrue to the participant in any manner against the State of California, the Department, its officers, agents and employees in connection with the Department's participation in the Program; (B) to indemnify, defend and save harmless the State of California, the Department and its officers, agents and employees from any and all claims or losses occurring or resulting from the Department's participation in the Program in connection with participants activities; (C) to attach to each container of certified seed potatoes a tag, accurately and fully completed; and print on or attach to each bulk delivery invoice of certified seed potatoes a Notice, accurately and fully completed, in lieu of the tag. Each said tag and Notice will be in the form provided by 3 California Administrative Code Section 3035(d); and (D) not to advertise or otherwise represent that the Department certifies freedom from disease, genetic disorder, off-type or any aspect of performance, nor that the Department has any financial responsibility with regard to the Program. This Agreement shall be deemed to incorporate future amendments to the Food and Agricultural Code and 3 California Administrative Code relating to the Seed Potato Certification Program. The Agreement shall remain in effect for the current and each succeeding year of Program participation. _______________ Date Name of Grower ____________________ By ____________________ Title ____________________ Street Address ____________________ City and Zip Code (d) Following are the forms of tag and bulk delivery invoice Notice required to be used by Program participants, as stated in subsection 3035(c). (1) Tag (FRONT OF TAG, WHICH STATES PROGRAM NAME) DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY. THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. (CONTINUED ON REVERSE OF THIS TAG.) (REVERSE) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035. The grower, whose name and participation number appear on the other side, is responsible for all information filled in on this tag. Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion, 1220 N Street, Room 425, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number and serial number shown on the face of this tag. (2) Bulk Delivery Invoice Notice (which states Program name). DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035. The grower, whose name and participation number appear on this document, is responsible for all information filled in on this document. Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion, 1220 N Street, Room 425, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number shown on this document. Note: If participant is a sole proprietorship, the owner must sign; if a partnership, a managing partner; if a corporation, an executive officer. Keep a signed copy for your file. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.1. Definitions. Words defined in Sections 32, 35, 38, 47, and 50 of the Food and Agricultural Code have the same meanings for the purpose of this article and in addition: (a) "Disease-tested" means tested for potato viruses A (PVA), M (PVM), S (PVS), X (PVX), Y (PVY), and leafroll; spindle tuber viroid; Erwinia carotovora and Erwinia carotovora atroseptica; and Clavibacter michiganense ssp. sepedonicum infection in accordance with sampling procedures and methods set forth and within tolerance for the pathogens specified in this article. (b) "Virus-tested" means tested for virus infection in accordance with the sampling procedures and testing methods set forth in this article and within tolerance for the specified viruses and seed classes. (c) "Clone" means all of the progeny of a single explant. (d) "Explant" means a potato plant or plantlet produced by rooting an excised growing tip of a tuber sprout or an auxiliary bud from a growing plant which shall serve as a parent for a whole clone or accession of micropropagated plants or plantlets. (e) "Microtuber" means a very small tuber produced in culture (tubers in-vitro: TIV) by a micropropagated plant or plantlet. For the purpose of these regulations, microtubers shall also include tubercles produced from leaf-node cuttings. (f) "Minitubers" means small tubers produced by plants in pot or bed culture in a greenhouse. (g) "Micropropagated" means potato stock propagated using aseptic laboratory techniques and culture media to promote tissue differentiation and plant tissue growth. (h) "Serodiagnostic" means testing using antigen/antibody reactions to determine the presence or absence of a pathogen. (i) "Molecular hybridization testing" means the use of a radioactive probe to test for the presence of a viroid. (j) "Pre-nuclear" means micropropagated plants in-vitro (PIV) or tubers in-vitro (TIV:microtubers). Also included are micropropagated plants or microtubers produced in a greenhouse. (k) "Nuclear stock" means plantlets, microtubers, minitubers or seed potatoes produced from pre-nuclear stock. (l) "Nuclear block" means a seed potato planting of meristem pre-nuclear stock being grown to produce nuclear stock. (m) "Generation I stock" means plantlets, microtubers, or seed potatoes produced from nuclear or pre-nuclear stock. (n) "Generation I increase block" means a potato planting of nuclear or pre-nuclear stock being grown to produce Generation I stock. (o) "Generation II stock" means plantlets, microtubers, or seed potatoes from Generation I or earlier increases of stock. (p) "Generation II increase block" means a potato planting of Generation I or earlier increases of stock being grown to produce Generation II stock. (q) "Generation III stock" means plantlets, microtubers, or seed potatoes from Generation II or earlier increases of stock and sample, virus-tested plants. (r) "Generation III increase block" means a potato planting of Generation II or earlier increases of stock being grown to produce Generation III stock. (s) "VT Foundation stock" means virus-tested plantlets, micro-tubers, or seed potatoes from Generation III or earlier increases of stock and sample, virus-tested in accordance with the growing crop and post-season testing provisions of this article. (t) "VT Foundation block" means a potato planting of Generation III or earlier increases of stock, or of seed potatoes that at least have an equivalent known history as that of Generation III, being grown to produce VT Foundation stock. (u) "VT Certified seed potatoes" means virus-tested plantlets, microtubers, or seed potatoes from VT Foundation or earlier increases of stock produced in accordance with the certification provisions of this article. (v) "VT Certified block" means a potato planting of VT Foundation or earlier increases of stock being grown to produce VT Certified seed potatoes. (w) "Foundation stock" means plantlets or seed potatoes that have met both the field inspection and post-season test plot disease, varietal purity, and all other foundation stock requirements of this article. (x) "Certified seed potatoes" means seed potatoes certified in accordance with the provisions of this article. (y) "Off-type" means different from the variety, strain, or selection listed on the application for certification. (z) "Limited generation system" means an increase system in which a quality hierarchy limits eligibility for recertification. Each quality level is a class as defined in Section 3035.1(j)-(x) of this article. Thus certified stock, except as provided in Section 3035.2(b), may not be recertified at the same or any higher class in the system. However, potato stock eligible and entered for certification as a given class may be certified for any lower class for which it qualifies when it fails to meet the standards for the class for which it was entered. A limited generation system consequently also is called a "flush-through" system. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code. s 3035.2. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the participant. Except as otherwise specified, certification, approvals, determinations, inspections, tests and supervision mentioned herein shall be conducted by the Department. The Department will cooperate with participants, commercial growers, and University of California potato crop researchers in a continued effort to assure that the program meets the needs of California's potato industry. (a) Except as otherwise provided, certification is based solely on visual inspections of sample plants and tubers from each lot which are found to meet tolerances prescribed in this article. (b) This article provides for the certification of potato plants, plantlets, microtubers, minitubers, and standard seed tubers (potatoes) as specified. Such potato propagative materials may be generated as the products of conventional field, greenhouse, or micropropagation methodologies. Micropropagation techniques may be utilized to produce pre-nuclear and nuclear stocks starting from parent stock of unknown disease status as well as known disease status. When disease status is known, by virtue of prior certification by an official agency, micropropagation techniques may be used to produce potato plantlets and/or microtubers of the same class. (c) Responsibility of Participant. Farming and sanitation practices are the responsibility of the grower. All grower or participant responsibilities specified in this article, regardless of whether or not so stated, shall be performed at the expense of the grower/participant. In addition, the participant shall: (1) Select the location of and properly maintain any planting being grown subject to the provisions of this article; (2) Maintain a detailed record of the progress of all micropropagation increases. Records shall include a numbering or code system to identify explants and clones, their origins and number of generations or increases, as well as records of required testing. Such records shall be available at all times, during normal working hours, for inspection by a representative of the Department. Micropropagators shall select tubers or mother plants from lines that are true-to-type. It is recommended that explants be derived from more than a single tuber; 10-20 tubers are desirable to maximize opportunity to provide a broad genetic base and to avoid selecting a tuber or mother plant that may carry a genetic mutation uncharacteristic of the variety. It is recommended that developing plants from callus be avoided because somatic mutations or variants are more apt to occur. Micropropagators shall perform or cause to be performed, an annual field plot test of their clonal lines with particular emphasis on evaluation of the phenotype (trueness to type) and yield ability. All such tests shall be at the expense of the micropropagator; (3) Notify the Department one week in advance of the time when plantings will be ready for the inspections required by this article. The participant shall also notify the Department of the date of all pest control treatments in plantings for which field inspections must be made; (4) Notify the Department one week in advance of harvesting as to when seed tuber digging operations will commence and as to the location where the seed potatoes will be stored so that their identity can be established to the satisfaction of the Department; (5) Maintain identity and/or grade of each lot of certified seed potato propagative stock in participant's possession in a manner approved by the Department and stamp on each certification tag furnished by the Department participant's name and application number(s); (6) Notify the Department one week in advance of any movement of seed potatoes during storage; (7) Protect potato stock in possession from exposure to or damage by conditions, pests or diseases which could materially reduce their viability, productivity or marketability; and, file with the Department a compliance certificate for equipment and storage sanitation as specified by the Department; (8) Provide an inspection for the Department's use in determining compliance with the seed potato grade requirements of this article; (9) Notify any receiver to which the participant has shipped, transported, or delivered potato stock from any lot that the Department, after such delivery, determined to be infested or infected with root-knot nematode or bacterial ring rot of cancellation of certification and the reason therefor. Substantiation of such notification shall be by copy to the Department or by certificate of compliance. (d) Location of Planting. (1) General. Each planting shall be subject to the approval of the Department. Any land planted with potatoes found to be infected by bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, will not be eligible for certification planting for two years. (2) Isolation. All fields entered for certification shall be at least 300 feet from any other potato planting which by any means would expose the plantings entered for certification to disease infection. This requirement may be waived, if in the judgment of the Department there exists a sufficient natural barrier or adequate protective measures are taken to prevent spread of disease into plantings entered for certification. In addition, all disease-tested, virus-tested, meristem or shoot-tip cultured, nuclear, Generation I, II, and III stock shall be produced in a geographic area or facility where commercial potatoes or potato stock of less than an equivalent disease status is not being grown. This requirement may be waived by the Department if, in its judgment, a planting is suitably safeguarded against outside disease sources. Nuclear, Generation I, and Generation II field plantings shall be at least six feet apart, and more, if necessary, to prevent plants of the separate classes from touching. Each clone in a Nuclear or Generation I block shall be likewise separated. Virus-tested Generation III and VT Foundation blocks shall be separated at least six feet from any field potato planting of less than an equivalent disease status. (e) Maintenance of Plantings. Any field planting entered in this program shall be kept in a good growing condition and general insect and weed pests shall be kept under effective control. The Department may require that volunteer potato plants and specific weed hosts of diseases and disease vectors be eliminated from plantings. Suitable precautions shall be taken in cultivating, irrigating, digging, grading, movement and use of equipment and in other farming practices to guard against spread of disease and insect pests into and within plantings entered in this program. Any laboratory multiplication of potato stocks entered in this program shall be produced under standard aseptic microbiological techniques at all stages prior to potting. Potting media shall be sterile. Sanitation and soil sterilization are the responsibility of the participant. Greenhouse facilities being used for potato planting stock production shall be insect proofed as directed by the Department. All water sources used in a micropropagation or greenhouse operation shall be treated or otherwise rendered free of bacterial potato pathogens by the participant. (f) Harvesting and Grading Equipment, and Storage Facilities Requirements. Each lot of potato stock shall be separately stored in such a manner as to preclude intermixing. In some cases, solid barriers may be required. Lots known to be infected with bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, at the time of storage or noncertified potatoes may not be stored within the same storage with any class of certified potato stock. Virus-tested classes of seed tubers may be bulked at harvest; but, they must be separated from other classes of certified seed potatoes. (g) Containers. All containers shall be new or clean and not previously used to contain potatoes, or cleaned and disinfected to the satisfaction of the Department. (h) Eligibility and Planting Requirements. (1) To be accepted for certification, seed shall have been certified by an official seed certifying agency and continued identity maintained in an approved manner, or shall be determined by the Department to have an equivalent known history. For any seed lot which disease status cannot otherwise be demonstrated to the satisfaction of the Department, a history of compliance may be established by inspection and testing as prescribed in this article. In the case of field grown potato stock, such inspection and testing shall be performed for at least two growing seasons. Stock may be certified at the end of the second season provided it meets the requirements of this article. In addition, each seed tuber lot intended for field production shall be preseason field plot tested. Seed lots to be planted and entered for spring certification shall be tested at Oceanside or another suitable winter test plot location. Seed lots to be planted and entered for late summer and fall certification shall be tested at Half Moon Bay or another suitable spring test plot location. A representative sample consisting of 220 tubers shall be collected from each 100-500 hundredweight seed lot. Seed lots ranging in size from 51-100 hundredweight shall be represented by a 110 tuber sample. Seed lots ranging from 21-50 hundredweight shall be represented by a 55-tuber sample. Seed lots of 20 hundredweight or less need not be tested. The fee for testing samples of less than 220 tubers shall be prorated based on the fee for a 220 tuber sample. Private entities engaged in the production of pre-nuclear stock, starting from parent stock of unknown disease quality, for certification as provided in this article shall perform or cause to be performed such serodiagnostic and molecular hybridization testing the Department specifies to determine that the original explant and subsequent generations are negative for potato spindle tuber viroid, PVA, PVM, PVS, PVX, PVY, leafroll, and bacterial pathogens including but not limited to Clavibacter michiganense ssp. sepedonicum, Erwinia carotovora, and Erwinia carotovora atroseptica. Such micropropagated materials shall be field performance tested at least annually to evaluate trueness to type (phenotype) and yield ability. However, the participant shall at all times be responsible for such performance. Original explants taken from officially certified tubers need not be tested in the foregoing manner provided that the plantlets and/or microtubers will be certified as a seed potato class equal to or lower than that of the parent stock. Certification as a higher class will require the foregoing testing specified for nuclear stock eligibility, or that which is hereinafter specified in (A)-(F) for the class for which certification is requested. A list of the serodiagnostic and molecular hybridization tests currently acceptable to meet the requirements of this paragraph shall be maintained by and available from the Department's Pest Exclusion Unit, 1220 N Street, Sacramento, California 95814. To be eligible for certification as a virus-tested class, seed potatoes shall meet the following additional requirements: (A) Only pre-nuclear stock shall be eligible for certification as nuclear stock. The tuber-unit or hill family method of field planting shall be used except when whole tubers are planted and identified to the satisfaction of the Department. (B) Generation I stock. Only pre-nuclear or nuclear stock seed potatoes are eligible for planting in a Generation I increase block. The tuber-unit or hill family method of field planting shall be used except when whole tubers are planted and identified to the satisfaction of the Department. (C) Generation II stock. Only Generation I or earlier increases of stock shall be eligible for planting in a Generation II increase block. The tuber-unit or hill family method of field planting shall be used except when whole tubers are planted and identified to the satisfaction of the Department. (D) Generation III stock. Only Generation II or earlier increases of stock shall be eligible for planting in a Generation III increase block. The mass method of planting may be used. (E) VT Foundation stock. Only Generation III or earlier virus-tested generations of stock shall be eligible for planting in a VT Foundation block to produce VT Foundation stock. (F) VT Certified seed potatoes. Only VT Foundation and earlier virus-tested generations of stock shall be eligible for planting in a VT Certified block to produce VT Certified stock. (2) Seed of more than one variety and/or seed from more than one source entered for certification shall be separated by one or more blank rows except that markers clearly visible from each end of the field may be substituted in lieu of blank rows. The tuber-unit method of field planting may be used and tuber lines of different varieties may be entered as a single application to facilitate inspection and record keeping. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.3. Refusal, Cancellation of Approval, or Rejection. The Department may refuse acceptance of an application, certification, or the use of certification tags and other indicia of certification under any conditions which it determines may be detrimental to the seed potato certification program or potato industry in this State; or which may hinder or prevent accurate determination of whether or not the disease, varietal purity, grade and other requirements of this article have been met. The Department may be advised by Departmental and University of California plant pathologists, potato researchers and specialists in all matters of detrimental or potentially detrimental conditions; but, Departmental actions to refuse or reject are not to be subject to or limited by such advice. In addition: (a) Failure to comply with the requirements of this article shall be cause for refusal or cancellation of approval of any planting or of the certification of any plantlets, plants, microtubers, minitubers, or seed. A participant who, during the current or past program participation, has been uncooperative or unreliable may be refused certification services. Failure to comply with the requirements for completing and attaching tags and bulk delivery notices, as required by the agreement under Section 3035, shall be grounds for cancellation of certification and refusal of participation in future years. (b) Any seed planting that has shown by inspection or laboratory diagnosis the presence of bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, or root-knot nematode, Meloidogyne spp., shall be rejected. (1) Inspection is visual and rejection shall be based on the finding, as provided in (2) of, Clavibacter michiganense ssp. sepedonicum in the lot or field entered for certification. Other lots entered by the participant which are from the same seed source or lots which have been exposed to infection, shall not be eligible for certification as Foundation stock or for recertification. (2) Laboratory diagnosis to determine the presence of bacterial ring rot shall be based on such tests and diagnostic procedures determined appropriate by the Department, including those currently approved by the Potato Association of America. If laboratory assistance is not reasonably available, the determination may be made on the basis of visual inspection. (c) Certification may be refused if it is determined that any lot of seed or any planting is infested or infected with any pest new to or of limited distribution in the State. (d) Fields or lots of seed potatoes entered for certification and from which volunteer potato plants, disease weed reservoirs, and virus disease vectors have not been eliminated or controlled as required by the Department, may be rejected. (e) Certification may be refused an entire planting where one or more lots of seed within the planting are refused unless the area adjacent to a refused lot is satisfactorily rogued to a distance of 300 feet. (f) Certification shall be refused any planting not rogued to the satisfaction of the Department, regardless of the percentage of diseased plants present. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.4. Disease/Virus-Testing, Inspection, and Post-Season Testing. The Department may grow and test samples of seed to determine the amount of virus or other diseases in such seed. A reasonable amount of seed for testing shall be furnished when requested by the Department. The Department may also take plants and/or tubers from any planting or storage for inspection and testing purposes. Samples shall be furnished without charge. (a) Disease/Virus-Testing. Virus-testing shall be performed using laboratory serodiagnostic and/or plant indicators or other methods as may be determined to be suitable for virus-testing. The testing intensity for the virus-tested classes shall be as follows: (1) Pre-nuclear stock plants shall be disease-tested free of the pathogens specified in Section 3035.1(a). To fulfill this requirement, the resulting plantlet from each initial explant shall be screened for pathogens before plantlets are multiplied by nodal cuttings or other means. Such testing is the responsibility and at the expense of the participant. Records of such testing shall be maintained in such a manner that test results can be correlated readily with the explants, plantlets, or other stock on hand. (2) Nuclear stock plants shall be disease-tested. The number of plants tested from each clone shall be determined by the Department. There shall be no tolerance for the pathogens specified in Section 3035.1(a). (3) Generation I stock plants shall be tested for PVA, PVM, PVS, PVX, PVY and PLRV. Each clone shall be tested on a sample basis. There shall be no tolerance for the specified pathogens. Plants shall be visually free of spindle tuber and blackleg. (4) Generation II stock plants shall be sample tested for PVX and not more than one percent (1%) of the plants tested may show PVX infection. Plants must be visually free of bacterial ring rot, blackleg, spindle tuber, mosaic, leafroll and other virus diseases and off-type plants. (5) Generation III stock plants shall be sample tested for PVX and not more than two percent (2%) of the plants tested may show PVX infection. Plants must be visually free of bacterial ring rot, spindle tuber, mosaic, leafroll and other virus diseases and off-type plants. Visual blackleg may not exceed 0.10%. (6) VT Foundation stock plants shall be sample tested for PVX and not more than four percent (4%) of the plants may show PVX infection. Plants must meet the field inspection virus and other disease and varietal purity requirements for nonvirus-tested Foundation stock. (7) VT Certified stock plants shall be sample tested for PVX and not more than eight percent (8%) of the plants may show PVX infection. Plants must meet the field inspection virus and other disease and varietal purity requirements for nonvirus-tested Certified stock. (b) Field Inspection. Each planting will be visually inspected on a sample basis. Plantings shall be given at least two visual inspections during the growing season. Additional inspections may be made at the discretion of the Department. A final report of field inspection results shall be prepared to include a list of seed potato growers, application number, varieties, seed sources, planting dates and the results of preseason field plot tests. The report shall be prepared, if practicable, for release by November 1. Second field inspections made after the 75th day after planting and omitted inspections shall be noted and explained. (1) A record shall be made of any plant found in any planting which exhibits symptoms of any disease covered by this regulation. Certification does not guarantee a total absence of diseases. Diseases which cannot readily be observed visually at the time of inspection may not be detected and may be present. (2) The unit of certification shall be the entire clone or field as entered by the participant on the application. (3) Fields of potatoes for certification shall not exceed the tolerances in the following table. Compliance with the specified tolerances is based upon the sample inspected. FIELD INSPECTION TOLERANCES [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* ------------------------------------------- Total all virus disease permitted......... Except leafroll in Russet and Burbank limited to........................ Total all other diseases permitted........ Except following limited to [FN1] Blackleg.................................. Bacterial ring rot........................ Root-knot nematode........................ Wilt diseases............................. Blight.................................... Varietal mixtures [FN1] .................. ------------------------------------------- Note: Fungal or bacterial blights shall be cause for rejection if present to the extent satisfactory inspection cannot be made for other diseases. 1...+...10....+...20....+...30....+...40... ******************************************************************************* ******* This is piece 2. -- It begins at character 44 of table line 1. ******** ******************************************************************************* ----------------------------------------- Foundation Stock Certified Seed ________________________________________ Maximum Maximum Percentage Percentage Allowed Allowed ---------------------------------------- First Second First Second Field Field Field Field Inspec. Inspec. Inspec. Inspec. ---------------------------------------- 1/2% 1/4% 1% 1/2% 1/4% 1/8% 1/4% 1/4% 2% 2% 2% 2% 1/4% 1/4% 2% 1% 0 0 0 0 0 0 0 0 2% 2% 2% 2% See See See See note note note note 1/4% 0 1/2% 1/4% ----------------------------------------- 44...50....+...60....+...70....+...80.... ******************************************************************************* ******* This is piece 3. -- It begins at character 1 of table line 29. ******** ******************************************************************************* [FN1] The zero tolerances for bacterial ring rot and root-knot nematode are 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+ ******************************************************************************* ******* This is piece 4. -- It begins at character 76 of table line 29. ******* ******************************************************************************* chosen 76....... ******************************************************************************* ******* This is piece 5. -- It begins at character 1 of table line 30. ******** ******************************************************************************* for reasons of convenience and practicality and are not to be construed to 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+. ******************************************************************************* ******* This is piece 6. -- It begins at character 77 of table line 30. ******* ******************************************************************************* mean 77...... ******************************************************************************* ******* This is piece 7. -- It begins at character 1 of table line 31. ******** ******************************************************************************* that the lot inspected is free of these pests. It does mean that no bacterial rot or root-knot nematode was found during the inspection process. The same principle applies in the case of varietal mixtures. 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.... ******************************************************************************* ******* This is piece 8. -- It begins at character 80 of table line 31. ******* ******************************************************************************* ring 80..+ (c) Test Plot Requirements. (1) Seed being produced as Foundation or any field produced class of virus-tested tuber stock shall be tested in a winter test plot or greenhouse, or both, to determine its eligibility for certification as Foundation or VT Foundation stock. Field produced Generation I, II, and III stock shall also be so tested. As a means of monitoring program effectiveness, the Department also may test all lots entered for production as certified seed potatoes. (2) Samples for Testing. Each seed lot will be tested on a sample basis. The presence of diseases shall be determined visually. Following are minimum sizes of samples based on the lot acreage, which shall be furnished to the Department for testing in a winter test plot or greenhouse. Lot Acreage Sample 1- 5 acres 220 tubers 6-10 acres 440 tubers 11-20 acres 660 tubers 21-40 acres 880 tubers (3) Disease Tolerance. The percentage of virus infection shall not be more than one (1) percent for approval as Foundation or VT Foundation stock provided, however, that for the Russet Burbank variety the percentage of leafroll virus shall not be more than 0.5 percent. Generation I, II, and III stock shall be visually free of spindle tuber, mosaic, leafroll, other virus disease, bacterial ring rot, and off-type plants. Certification does not guarantee a total absence of diseases. Diseases which cannot readily be observed visually at the time of inspection may not be detected and may be present. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.5. Grade Inspection. (a) General Requirements. In addition to the specific requirements of Sections 3035.3 and 3035.4, all lots of seed potatoes to be approved and identified by official tags as certified seed shall be inspected when graded. The participant is responsible for meeting the grade requirements and the proper use of the certification tags or other indicia of certification. If any potatoes in containers bearing official tags fail to meet the grade requirements, at any time while still under the participant's control, the certification shall be refused until the potatoes are reconditioned and found to comply with the grade requirements. Potatoes of all grades defined in this regulation shall be free of visible symptoms of bacterial ring rot, root-knot nematode, or any pest new to or of limited distribution in the State. No grade requirements have been established for plants, plantlets, microtubers or minitubers which have been produced in accordance with this article. Seed potatoes which were packed and identified as provided in this article may be repacked only under the supervision of the Department. Only new containers may be used and each container shall have attached thereto an official tag provided by the Department. The Department shall charge an hourly fee for the time required for supervising these services together with other expenses incurred. Cut seed may be certified provided that it meets the grade indicated by the certification tag to be used. However, mechanical or other means of cutting seed potatoes is a significant avenue for the introduction and spread of disease; so, the participant shall be solely responsible for any adverse consequences of the cutting, handling and subsequent delivery of cut seed. Certification tags issued for use in the identification of cut certified seed shall be overstamped, "Cut Seed." (b) Grade Designations. There shall be only two seed potato grades: Blue Tag Grade and Yellow Tag Grade. Seed potatoes of any class, for which provision is made in this article, may be graded to meet either or both grades. The class of the seed will be printed or stamped on the certification tags or bulk delivery invoice notice. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.6. Blue Tag Grade. To meet the requirements of the Blue Tag Grade, the seed potatoes in each container shall conform to variety type and meet the requirements specified in this article. (a) Definitions. The terms "potato" and "tuber" shall be interchangeable. In addition: (1) "Fairly well shaped" means that the potato is not materially pointed, dumb-bell shaped or otherwise materially deformed. (2) "Freezing" means that the potato is frozen or shows evidence of having been frozen. (3) "Soft-rot or wet breakdown" means any soft, mushy, or leaky condition of the tissue. (4) "Nematode or tuber moth injury" means the presence of or any visual evidence of root-knot nematode or tuber moth. (5) "Damage" means any defect (except sunburn and greening) or any combination of defects which materially detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than five (5) percent of the total weight of the potato. See Tables I and II in this section. (6) "Serious damage" means any defect (except sunburn and greening), or any combination of defects, which seriously detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than ten (10) percent of the total weight of the potato. (7) "Internal defects" means defects which cannot be detected without cutting the potato. Some internal defects are listed in Table II of this section. (8) "External defects" means defects which can be detected externally. However, cutting may be required to determine the extent of the injury. Some external defects are listed in Table I of this section. (9) "Condition defects" means defects which may develop or change during storage or shipment. (10) "Permanent defects" means defects which are not subject to change during storage or shipment. (b) Samples for Grade and Size Determination. Individual samples shall consist of at least 20 pounds (9 kilograms). The number of such individual samples drawn for grade and size determination will vary with the size of the lot. (c) Application of Tolerances. Individual samples shall not have more than double the tolerances specified, except that at least one defective and one off-size potato may be permitted in any sample; provided, that enroute or at destination one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft-rot or wet breakdown; and provided further, that the averages for the entire lot are within the tolerances specified for the grade. (d) Blue Tag Grade Requirements. Blue Tag Grade seed potatoes shall be fairly well shaped; free from freezing, blackheart, late blight tuber rot, root-knot nematode or tuber moth injury, tubers showing visible symptoms of bacterial ring rot, and soft-rot or wet breakdown; free from serious damage caused by hollow heart; and free from damage caused by any other internal or external cause as described in Tables I and II in this section. In addition, the minimum size, unless otherwise specified, shall not be less than two ounces (57 grams); and, the maximum size, unless otherwise specified, shall not exceed 14 ounces (397 grams) with no potatoes over 18 ounces (510 grams) permitted. However, when the certification tag or other indicia of certification is clearly and conspicuously marked with the term "Oversize" or "Undersize," then the respective upper or lower weight limit need not apply. The tolerances specified in (e) shall be applied to the foregoing requirements. (e) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, are provided as specified: (1) For defects: (A) Ten (10) percent for potatoes in any lot which are seriously damaged by hollow heart. (B) Ten (10) percent for potatoes which fail to meet the remaining requirements of the grade including therein not more than five (5) percent for external defects and not more than five (5) percent for internal defects; provided, that included in these tolerances not more than the following percentages shall be allowed for the defects listed: Percent Tubers showing visual evidence of bacterial ring rot.... 0.00 Serious damage caused by dry or moist type Fusarium tuber rot............................................... 2.00 Late blight tuber rot................................... 1.00 Root-knot nematode or tuber moth injury................. 0.00 Varietal mixture........................................ 0.25 Frozen, soft-rot, or wet breakdown...................... 0.50 Provided that enroute or at destination an additional 0.50 percent, or a total of 1.0 percent, shall be allowed for potatoes which are frozen or affected by soft-rot or wet breakdown. (2) For off-size. (A) For undersize. One (1) percent for potatoes in any lot which fail to meet the required or specified minimum size except when the tag or other indicia of certification is stamped, "Undersize." (B) For oversize. Five (5) percent for potatoes in any lot which fail to meet the required or specified maximum size except when the tag or other indicia of certification is stamped, "Oversize." (f) Defects Tables. TABLE I. EXTERNAL DEFECTS Damage -------------------------------------------------------------- When materially detracting from appearance of the or When potato removal causes loss of more than 5 percent of total weight of potato Defect Air cracks X Bruises X X Cuts or X trimming Enlarged X lenticels External X discoloration Flea beetle X X injury Rhizoctonia X Scab, pitted X X Scab, russet X Scab, surface When more than 5 percent of surface is affected. Second growth X Growth cracks X Wireworm or When any hole in a potato 2 1/2 inches (64 mm) in grass damage diameter or 6 ounces (170 gms.) in weight is more than 3/4 inche (19mm) long, or when the aggregate length of all holes is more than 1 1/4 inches (32 mm), or correspondingly shorter or longer holes in smaller or larger potatoes. Dirt Dirt or other foreign matter is considered as causing damage when the individual potato is more than slighty dirty or slightly stained, or when more than a moderate amount of loose dirt or other foreign matter is present in the sample. Insects or When present inside the potato. worms Shriveling When more than moderately shriveled, spongy, or flabby. Sprouts When more than 10 percent of the potatoes in any lot have any sprouts more than 1.0 inches (25 mm) in length. TABLE II. INTERNAL DEFECTS Defect Damage Ingrown sprouts When removal causes a loss of more than 5 percent of the total weight of the potato. Internal discoloration When more than the equivalent of three scattered light occurring entirely brown spots 1/2 inches (3 mm) in diameter in a potato within the vascular 2 1/2 inches (64 mm) in diameter or 6 ounces (170 ring gms) in weight, or correspondingly lesser or greater number of spots in smaller or larger potatoes. Internal discoloration When removal causes a loss of more than 5 percent of outside of or not the total weight of the potato. entirely confined within the vascular ring. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3035.7. Yellow Tag Grade. To meet the requirements of the Yellow Tag Grade, the seed potatoes in each container shall conform to variety type and meet the requirements specified in this article. (a) Definitions. The terms defined for the Blue Tag Grade in Section 3035.5 shall have the same meaning when applied to the Yellow Tag Grade. (b) Samples for grade and size determination and application of tolerances shall be the same as for the Blue Tag Grade. (c) Yellow Tag Requirements. Yellow Tag Grade seed potatoes shall meet the same defect and size requirements as Blue Tag Grade seed potatoes, except that, for defects the "serious damage" definition shall apply. Yellow Tag Grade seed potatoes also may be identified as "Oversize" or "Undersize" by clearly and conspicuously stamping the certification tags or other indicia of certification with those designations. In such case, the respective upper and lower weight limits do not apply. Note: Authority cited: Sections 407, 5821, 5822, 5823, and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code. s 3035.8. Certification. The Department will certify seed potatoes as "Foundation stock," "Certified seed potatoes," or as a class of virus-tested seed potatoes when the requirements of this article have been met and will authorize for the identification of such seed the use of official certification tags or other indicia of certification. Proper use of the tags or other indicia of certification is the responsibility of the participant. However, as the Department determines the situation to warrant, failure to comply with digging, storage, grading and tagging requirements shall be cause either for cancellation of certification, or revocation of the privilege of tagging at the participant's convenience. (a) The tags shall be serially numbered and include the grade designation and variety. The Department will keep records of tags issued, together with the records of certification made. Each grower shall stamp his name and application number on each tag. (b) Each container of certified seed potatoes shall be identified by an official certification tag attached thereto. Virus-tested classes of seed potatoes will be identified by over-stamping the regular certification tags with the term, "Virus-Tested" or VT together with the class of seed identified. Note: Authority cited: Sections 407, 5821, 5822, 5823, and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code. s 3035.9. Application and Fees. (a) Applications. Preliminary application shall be made to request preseason field plot testing and shall include the identity and location of all seed lots to be tested. In the case of field plantings, a separate application shall be submitted for each: (1) variety, (2) seed source of a variety, and (3) field entered except as provided in Section 3035.2(h)(2) of this article. Single applications shall include at least one acre (0.5 hectare) but not more than 40 acres (16 hectares). In the case of micropropagation or greenhouse production, application shall be made providing all of the information requested on the form provided by the Department. A separate application is required for each variety and seed source of a variety. In the case of field plantings, application, along with the proper fees, shall be submitted within 15 days after the planting date, stating the number of acres planted and other information requested on the Department's application form. Upon payment of the required late application fees, the Department may accept late applications when it determines that the planting stock is eligible, the location is suitable and that the inspections and tests outlined in this article can be performed adequately. In the case of micropropagation or greenhouse production, application, along with the proper fees, shall be made at least one week prior to the initiation of propagation. Post-season field plot testing shall be mandatory for any field planted lot entered for certification as Foundation or any class of disease- or virus-tested stock except when request for withdrawal is made prior to or at the time of second field inspection. The Certified and VT Certified classes are exempt from this post-season field plot testing requirement, except as provided in Section 3035.4(c)(1). (b) Fees. The Department shall establish a schedule of fees for the services provided under the terms of this article. The fees shall be based upon the approximate cost of the services rendered. The fees for inspection and testing services rendered in establishing a history of compliance as provided in Section 3035.2(h)(1) of this article shall be the same as those established for the inspection and tests outlind as follows: (1) Preseason Test Plot -Fees for preseason field plot testing shall be paid at the time of preliminary application. (2) Field Inspections. (A) The fee for the first field inspection shall accompany the application for certification. If the application is a preliminary application, the total of fees due for the first field inspection shall accompany the final application. A late application fee shall be established for late applications. (B) The fee for the second field inspection shall be paid prior to the time such inspection is made. (3) Micropropagation and Greenhouse. The Director shall establish an annual application fee for each facility that will be used in the production of potato plants, plantlets, micro- and/or minitubers. In addition, the Director shall establish an hourly fee to be paid for the actual time spent in the performance of certification services. The annual application and hourly fees shall be set forth in a schedule adopted by the Director. (4) Grade Inspections. The fee for the grade inspection shall be paid prior to or at the time such inspection is made. (5) Test Plot. Fees for post-season field plot testing shall be paid along with fees for second field inspection. The cost of tests made for the purpose of monitoring program effectiveness will be covered by the fees established for field and grade inspections. (6) Additional Fees. (A) With respect to all of the fees, the Department may require a larger fee on any or all acreages entered when, because of conditions and total acreages entered, the charges listed above will not cover the cost of the service. This may apply to districts or the entire State. (B) A fee may be required for the growing of greenhouse and test plot samples from seed sources not entered for certification. (c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant, less direct and indirect costs incurred by the Department. Not more than one-half of any application fee shall be refunded regardless of the costs incurred. Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code. s 3044. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.1. Definitions. (a) "Garlic" means plantlets, plants, bulbs, or cloves or any part of Allium sativum and its cultivars. (b) "Off-type" means different from the variety listed on the application for registration or certification or exhibiting symptoms of a genetic or non-transmissible disorder. (c) "Foundation block" means a garlic planting established using garlic subjected to laboratory disease elimination procedures and propagated under the supervision of the Department for the production of foundation stock. (d) "Foundation stock" means garlic produced in a foundation block. (e) "Nursery increase block" means a garlic planting which has been established using foundation or registered stock for the production of registered stock. (f) "Registered stock" means garlic produced in an nursery increase block. (g) "Certified block" means a garlic planting which has been established using registered stock for the production of certified stock. (h) "Certified stock" means garlic that has been produced in a certified block. (i) "Certified seed garlic" means garlic certified in accordance with the provisions of this article. (j) "Participant" means any person or legal entity whose application has been submitted to and accepted by the Department. (k) "Farm" means an enterprise that includes all land, growing facilities, equipment, storage facilities, and labor that are utilized in a common effort to produce garlic and other Allium sp. crops. (l) "Program" means the seed garlic certification program administered by the Department pursuant to these regulations. (m) "Department" means the California Department of Food and Agriculture, the Secretary of Food and Agriculture, and its agents, employees, or representatives. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.2. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the participant. Approval, supervision, inspection, sampling, determination, registration and certification, shall be conducted by the Department or its authorized agents. (a) Approval of Registration or Certification. Planting locations accepted by the Department, laboratory examinations, and visual inspections form the basis for approval of registration as a propagative source and certification as California certified seed garlic. The Department may authorize the use of official certification tags or other indicia of certification for the identification of garlic which meets the requirements of this article. Except as otherwise provided, certification is based solely on a sample of garlic from each planting entered in the program. (1) Approval of Registration. The Department may approve the registration as a source of propagative material, either foundation or registered stock which has tested and found free of stem and bulb nematode, Ditylenchus dipsaci, and has been inspected and found free of white rot fungus, Sclerotium cepivorum. (2) Certification. The Department may certify garlic as California Certified Seed Garlic stock which has been inspected and found free of white rot fungus, Sclerotium cepivorum. (b) Refusal, Suspension or Cancellation of Registration or Certification. The Department may refuse certification services to anyone or may refuse, suspend, or cancel registration or certification for part or all of a planting under the following conditions, whether or not caused by actions or omissions of participants. (1) The requirements of this article have not been met; or (2) The participant has failed to comply with participant responsibilities as specified in Section 3044.3 during current or past program participation; or (3) The participant has failed to pay in a timely manner, any fee or late charge required by this article. (4) Any condition exists which would hinder or prevent the accurate determination of whether or not the disease, pest, varietal purity, or other requirements of this article have been met; or (5) The planting is infested with stem and bulb nematode; or (6) The planting is infected with white rot fungus; or (7) The planting is infected or infested with any pest new to or of limited distribution within the State, unless the Department determines that the pest is of minor economic importance or determines that the pest can be safely delimited and the infected or infested garlic can be treated or rogued to eliminate the pest; or (8) A plant or plants are found to be off-type unless rogued to the satisfaction of the Department; or (9) For any reason the identity of the garlic becomes uncertain or has not been maintained; or (10) The certification seals or tags are misused or stock is materially misrepresented, whether or not the participant knew or should have known of the misrepresentation. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.3. Participant Responsibilities. All participant responsibilities specified in this article shall be performed at the expense of the participant. Notifications as specified are required in order to assure that approval(s) may be granted before work is performed, to ensure that inspections may be made properly and in accordance with state laws governing worker health and safety for pesticide exposure, and to provide close working knowledge of filed operations. The participant shall be responsible for: (a) Application for registration or certification of a planting. (b) Selection of the planting location. (c) Selection and trueness to variety of garlic in a planting. (d) Propagation, record keeping, and pest freedom of all garlic subjected to laboratory disease elimination to be planted in a foundation block. (e) Culture, maintenance, farming and sanitation practices of a planting. (f) Maintaining the identity of all garlic entered in the program. (g) Protecting garlic in possession from exposure to or damage from conditions and pests, including diseases, which could materially reduce the viability or productivity of the stock. (h) Notifying the Department at least one week in advance of planting and replanting, propagation operations, harvest and storage location, and movement of stock during storage. (i) Notifying the Department of the date of all pest control treatments in plantings for which inspections or other departmental activities are scheduled, the product(s) used, dosage(s) and any re-entry or worker safety requirements which apply. Such notification need not be made at times when inspections or other departmental activities are not scheduled to be performed. (j) The proper use of certification seals and tags provided by the Department and for marking on each tag the participant's name, harvest date (month, year), variety and the assigned block number and other information for identification purposes specified by the Department. (k) Maintaining production, tag use and sales records of the stock produced and/or sold. The tag use records shall be kept on an inventory sheet(s) supplied by the Department, unless otherwise specified by the Department in writing, and shall be submitted annually after the close of the season for sale or distribution of certified stocks. (l) Compliance with the requirements of this article and with other lawful orders specified by the Department. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.4. Eligibility Requirements. To be accepted for approval of registration or certification, garlic shall have been inspected and tested in prior growing season of production by the Department, as provided in Section 3044.6 or by another jurisdiction performing said inspections or testing under standards at least as strict, and not found to be infested with stem and bulb nematode or infected with white rot fungus. Garlic which has been exposed to a stem and bulb nematode infestation or a white rot fungus shall not be eligible for recertification. (a) In a Foundation Block. To be eligible for planting, garlic plants shall be produced via laboratory disease elimination techniques. Garlic planted in a foundation block shall be subject to inspection and testing procedures during the first year growth and development of the bulb. (b) In an Nursery Increase Block or Certified Block. To be eligible for planting, garlic shall be foundation stock or registered stock. (c) Qualification of Stock. A history of compliance may be established by inspection and testing as prescribed by this article for any garlic for which the disease status cannot be demonstrated to the satisfaction of the Department. The stock may be approved as registered stock or as certified stock at the end of three successive growing seasons provided it meets the requirements of this article. In addition, the initial amount to be entered shall be not more than 100 pounds and shall be inspected, sampled, and tested for stem and bulb nematode and white rot fungus as specified by the Department prior to planting. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.5. Requirements for Plantings. (a) Location of Plantings. Each planting location shall be subject to inspection by the Department and shall be in a geographic area where contamination by stem and bulb nematode and white rot fungus from drainage, flooding, irrigation or other means is not likely to occur. The location requirements may be waived if the planting is made in a facility approved by the Department or if the land or soil has been treated in a manner approved by the Department to eliminate soil-borne pests. (1) Each planting shall be on land which no Allium sp. has grown for five years prior to planting. (2) Each planting shall be on land which is not known to be infested with white rot fungus. (3) Each planting shall be on a farm where all plantings of garlic shall be planted with garlic that has been certified or the equivalent, and all plantings on the farm of any Allium sp. planting shall be subject to inspection and testing as required in this article. (4) Each planting shall be at least 500 feet from any Allium sp. planting not entered in the program. This requirement may be waived if, in the judgement of the Department, there exists a sufficient natural barrier or if garlic not entered in the program has has an equivalent history. (5) Each planting in an area which the disease status is unknown or cannot be demonstrated to the satisfaction of the Department may be granted a conditional acceptance. The Department may accept a site after a history of compliance has been established at the end of three successive growing seasons. At the end of such time, the Department may certify the stock as registered or certified provided the requirements of this article have been met. (b) Maintenance of Plantings. Plantings entered in this program shall be kept in a good growing condition and pests shall be kept under effective control. Precautions shall be taken in cultivation, irrigation, movement and use of equipment and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program. (1) Laboratory propagation of garlic to be entered in this program shall be carried out under standard aseptic microbiological techniques at all stages prior to potting. Potting media shall be sterile. Suitable precautions shall be taken to guard against the introduction or spread of soil-borne pests into greenhouse facilities being used to grow-out such laboratory propagated garlic. (2) Each foundation block, nursery increase block, and certified block shall be a separate planting of garlic. There shall be a minimum of six feet or one or more blank beds separating blocks or varieties within a block unless suitable precautions are taken to maintain identity. (c) Harvesting, Cracking, and Storage of Garlic. Precautions shall be taken during harvesting, cracking, and storage to prevent the contamination by stem and bulb nematode and white rot fungus. (1) Garlic shall be harvested, cracked, and stored separately in such a manner to preclude intermixing. (2) Garlic shall be kept in containers that are new or clean and not previously used for any Allium sp. or that have been sanitized. (3) Garlic shall be stored in sanitized storage areas after harvest and shall not be stored within the same storage facility with Allium sp. known to be infested with stem and bulb nematode or infected with white rot fungus. Certified garlic may be stored, with prior approval by the Department, with non-certified garlic provided that the non-certified garlic is not known to be infested with stem and bulb nematode or infected with white rot fungus, and further provided, that suitable precautions have been taken to preclude intermixing. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.6. Inspection and Testing Procedures. Inspection and testing procedures approved by the Department to detect stem and bulb nematode and white rot fungus shall be conducted at times determined as suitable. To establish a history of compliance for the qualification of stock, Section 3044.4(c), or for a location, Section 3044.5(a)(4), the inspection and testing procedures shall be the same as those required for an nursery increase block. Additional inspections or tests may be required by the Department if seasonal conditions or other factors tend to obscure disease symptoms or make adequate inspection, or when stem and bulb nematode or white rot fungus or other serious pests are suspected. The Department may sample garlic from any planting or storage facility for inspection or testing purposes. Samples shall be furnished without charge. (a) Inspections. To determine eligibility of a planting, the following inspections shall be made: (1) For laboratory/greenhouse production, at least two inspections shall be made annually and may include the grow-out of laboratory propagated stock in greenhouse facilities. (2) For all field plantings including plantings not entered in the program and other Allium sp., at least one growing season inspection. (3) Harvest and/or storage inspection. (b) Nematode Testing. Laboratory examination of a sample of garlic for the stem and bulb nematode shall be conducted for all plantings except as otherwise provided. Sampling for nematodes may be combined with the growing season inspection at the discretion of the Department. (1) For laboratory/greenhouse production, a sample may be collected of mother stock or explant. (2) For foundation plantings, a sample of garlic shall be collected at approximately 20-foot intervals and composited on a one acre basis; for plantings less than a quarter acre, a reasonable sample, but not more than 5% of the plants shall be collected from each selection or variety. (3) For nursery increase block plantings, a sample of garlic shall be collected at approximately 20-foot intervals and composited on a one acre basis. (4) For certified block plantings, at the option and on the request of the participant, a sample of garlic bulbs may be collected at approximately 40-foot intervals and composited on a four acre basis. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3044.7. Application and Fees. (a) Application. Upon submitting an application, the applicant shall furnish information requested regarding each planting and shall consent to the taking of samples or plants by the Department from any planting for inspection or testing purposes. A separate application shall be submitted for each planting and may include more than one variety provided that they are entered as the same class. (1) In the case of participants engaged in laboratory/greenhouse production, application, along with the required fees, shall be made 15 days prior to initiation of propagation or planting. (2) A preliminary application for site approval of field plantings along with the required fees shall be submitted by August 1, prior to planting. (3) A final application for all field plantings, including farm survey when required, along with the required fees shall be submitted for each planting by March 15. (4) A late application may be accepted by the Department provided that a late fee is paid and that the application is made sufficiently in advance of the times required to determine the eligibility of the stock and the suitability of the location, to supervise any treatment that may be required, and to adequately perform the inspections and tests outlined in this article. (b) Fees. Fees established in this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the approval, inspection, testing, registration and certification procedures herein provided and are not to obtain any right or privilege. The schedule of fees for the services provided in this article are based upon the approximate cost of the services rendered. The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for approvals and inspections, including sampling and testing for the seed garlic certification program. The fees shall be: (1) Laboratory/Greenhouse Production. $200.00 for each facility. (2) Preliminary Application. $150.00 for all field plantings at the same location. (3) Acreage Fee. In addition to the preliminary application fee, an acreage fee for each acre in excess of one acre or portion of an acre for the following field plantings: (A) Foundation Block. $75.00 per acre or portion of an acre. (B) Nursery Increase Block. $75.00 per acre or portion of an acre. (C) Certified Block. $25.00 per acre or portion of an acre. (D) Qualification of Stock or Site Inspection for a New Location. $75.00 per acre. (4) Farm Survey of Non Certified Garlic and Other Allium sp. $10.00 per acre or portion of an acre. (5) Stem and Bulb Nematode Testing. (A) Qualification of Stock. $200.00 per variety or selection submitted. (B) Optional Field Testing For Certified Plantings. $15.00 per acre or portion of an acre. (6) The late fee shall be $100.00 for each application postmarked after the times established in this article. (7) The Department may charge additional fees when due to conditions, total acreage entered, or number of tests performed, the fees established do not cover the cost of the service. (8) The hourly rate for certification services shall be $50.00 per hour applied to travel time (portal to portal), field time, and documentation time. (9) Fees paid for services that are not rendered shall be refunded to the applicant, less direct costs incurred by the Department. (10) No fees shall be charged to the University of California or the United States Department of Food and Agriculture for registration or for inspection and testing of garlic provided there is no additional expense to the Department other than for observation of the inspection and testing required by this article and for the keeping of records. When the procedures prescribed in this article are conducted by the University of California, or by the United States Department of Agriculture, they shall not be less than provided in this article, and the Department shall be notified each year of the garlic to be entered or continued in the program. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3047. Application and Fees. s 3048. Approval and Certification. s 3049. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3049.1. Definitions. (a) "Virus infected" means infected by a virus or having symptoms or behavior characteristic of a virus disease listed in Section 3049.3(a)(1)(B). (b) "Index" means to test for virus infection by making a graft with tissue from the plant to be tested to an indicator plant or by other methods approved by the director. Information regarding such other methods may be obtained from the Department's Pest Exclusion Unit. (c) "Off-type" means any strawberry plant different from the variety stated on the application for approval or certification. (d) "Nuclear stock" means strawberry plants which were originally indexed and their progeny, which have been regularly reindexed and protected continuously from virus infection by Federal or State agencies. (e) "Foundation stock" means strawberry plants that are first year propagation from plants that have been approved on the basis of annual indexing. (f) "Registered stock" means strawberry plants that are first year propagation from foundation stock. (g) "Certified stock" means strawberry plants that are first year propagation from registered stock. (h) "Foundation block" means a planting of strawberry plants for the production of foundation stock. (i) "Increase block" means a planting of strawberry plants for the production of registered stock. (j) "Certified block" means a planting of strawberry plants for the production of certified stock. (k) "Nuclear meristem stock" means strawberry plants which were propagated with meristematic tissue from a plant which had heat therapy and were originally index-tested and found free of known viruses by Federal or State agencies. (l) "Clone" means a progeny of an individual strawberry plant which was produced asexually. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3049.2. General Provisions. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Registration, certification, approvals and supervision shall be conducted by the Department. (a) Except as otherwise provided, certification is based solely on visual inspections of sample plants from each planting. (b) Responsibility of Applicant. The applicant shall be responsible for: (1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article. (2) Maintaining the identity of all nursery stock entered in the program. (3) Notifying the Department at least one week in advance of planting and harvesting as to when they will commence and notifying the Department of the location where the plants will be trimmed and stored. (4) Maintaining the identity of each lot of plants in the participant's possession and placing the required information on each certification tag furnished by the Department. (c) Location of Plantings. (1) General. Each planting location shall be in an area which is isolated from plantings for strawberry fruit production to prevent spread of infectious pests or virus diseases. Any land planted shall have been free of strawberry plants for the previous year, except when treated for soil-borne pests in an approved manner under the supervision of the Department. Any planting may be enclosed by an approved insect-proof screenhouse, and when this is done the distance from other plantings or plants as specified in this article to minimize spread of virus diseases shall not be required providing varieties, plant blocks and plants to be indexed are kept separate in an approved manner to maintain plant identity. Native strawberry plants presenting no evidence of virus infection are excluded from required isolation distances for planting. (2) Foundation blocks shall be located at least one mile from any other strawberry plants except those in foundation blocks determined to be of equal pest status. Foundation blocks shall be clone planted. Each plant in a foundation block selected for testing by indexing together with its runners shall be kept separate from all other plants in the block by an open space of 12 inches or by an artificial barrier to maintain plant identity. (3) Increase blocks shall be located at least one mile from any other strawberry plants to prevent spread of virus disease. When danger of possible spread of virus diseases from one block to another does not appear to exist the one mile distance may be waived and increase blocks and certified blocks may be planted adjacent to each other. (4) Certified blocks shall be located at least one mile from any strawberry plants maintained for the purpose of commercial fruit production and not less than 500 feet from any other strawberry plants not entered in the program to maintain plant identity and prevent spread of virus diseases. (d) Maintenance of Plantings. (1) Any planting entered in this program shall be kept in a thrifty growing condition and pests shall be kept under intensive control. To maintain plant identity, each variety shall be planted at least 12 feet from any other variety and runners shall not be permitted to cross over an open space of 12 inches maintained between such varieties. If a screenhouse is used for any planting, it shall be maintained in such condition that insect vectors cannot enter. Plants of each variety shall be harvested separately from all other varieties and continuously kept separate. In a foundation block each plant that has been tested by indexing, together with its runner plants, shall be harvested separately. Plants must be harvested after one growing season in order to be eligible for approval or certification. (2) Any plant found to be off-type shall together with its runner plants be removed immediately from any planting. (e) Eligibility for Planting. (1) In a foundation block: To be acceptable for planting in a foundation block, a plant shall be (A) nuclear meristem stock; (B) nuclear stock; (C) foundation stock; or (D) registered stock, certified stock, or plants determined to have an equivalent known history providing each plant in the foundation block is to be tested by indexing or by other approved methods for the detection of virus infection. More than one variety may be planted in a foundation block providing they are of equal pest status. (2) In an increase block: To be acceptable for planting in an increase block a plant shall be first year propagation from foundation stock produced in a foundation block. (3) In a certified block: To be acceptable for planting in a certified block a plant shall be first year propagation from registered stock produced in an increase block or first year propagation from foundation stock produced in a foundation block. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3049.3. Inspection and Testing Procedures; Refusal or Cancellation of Approval or Certification. (a) To Determine Eligibility for Approval or Certification: (1) Inspection and testing procedures prescribed in this article shall be conducted by the Department in a manner and at times determined as suitable. The applicant will be notified of the findings of pests. Any plant in any planting may be tested by indexing or by other approved methods for the detection of virus infection. Testing procedures shall be conducted in a greenhouse. (A) Each clone in a foundation block and a minimum of 3 percent of the plants planted therein shall be tested one or more times annually by indexing or by other approved methods for the detection of virus infection. All plants in a foundation block shall be tested in such a manner if the source of any of the propagating stock is registered stock or certified stock or has an equivalent known history. (B) Foundation stock shall be tested for the specific virus diseases using the specific indicator plants listed below: Indicator Plant Disease Fragaria virginiana selection Mottle Leafroll and/or Veinbanding Witchesbroom Fragaria (alpine) vesca selection Crinkle Latent ..C" Pallidosis Feather leaf Necrotic shock Mild yellow edge Tomato ringspot Pseudo mild yellow edge (C) At least two visual inspections shall be made of each planting prior to harvest and in addition plants shall be inspected at digging time. Inspection for the detection of harmful nematode pests may be made using laboratory methods and is required for approval as foundation stock or as registered stock. (b) Refusal or Cancellation of Approval or Certification: (1) Failure to comply with the requirements of this article shall be cause for refusal or cancellation of approval of plants as "foundation stock," "registered stock," or certification as "California certified strawberry plants." (2) The certification or approval as foundation stock or as registered stock of a plant or plants in part or all of a planting shall be refused or cancelled when it is determined that: (A) the plant is off-type; (B) the plant, clone or planting is virus infected; (C) the pest cleanliness requirements for nursery stock in Section 3060.2 of the nursery inspection regulations have not been met. Reactions to indicator plants caused by unknown factors may also be cause to disqualify the specific foundation selection tested. (3) Any plant or clone found virus infected or suspected of virus infection may be required to be rogued or may be refused for further propagation. Any planting in which a plant is found to be virus infected may be refused, if it is determined that spread of the virus may have occurred, except: (A) when the total of virus infected plants in a certified block does not exceed 0.5 percent; (B) aster yellows disease is found in a planting and it is determined that the infected plants are readily identifiable and can be removed under the supervision of the Department. (4) Any planting in which off-type plants are found to exceed 0.2 percent shall be refused, except that in a planting which has been clone planted, the off-type plants may be removed under the supervision of the Department if it is determined that all of the off-type plants are readily identifiable and can be removed. (5) Each plant together with all its runner plants shall constitute one unit, and the results of either field inspections or index tests or both may be used, as a basis for calculating percentages. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3049.4. Approval and Certification. (a) Approval: The Department will approve as "foundation stock" or "registered stock" plants that have met the requirements of this article, and will, for their identification, authorize the use of official tags for "foundation stock" or "registered stock." (b) Certification: The Department will certify plants that have met the requirements of this article for certification and will authorize for the identification of such stock, the use of official certification tags. (c) Identity: Any person selling "foundation stock," "registered stock" or "California certified strawberry plants" is responsible for maintaining identity of the nursery stock bearing an official tag while the stock is in possession of the seller and for such nursery stock meeting the requirements of this article. (d) Accountability: Persons issued tags authorized by this article shall account for sock produced and sold and tags used and shall record such production, sale, and use on an inventory sheet provided by the Department. The inventory sheet shall be submitted to the Department annually. (e) Certification by a Second Party: Strawberry plants produced by a participant in the certification program in accordance with the provisions of this article may be eligible for certification by a second party provided: (1) The second party submits an application, pays the required fees, and signs the agreement required by Section 3069; (2) The certification tags are stamped by the second party with his name and address and the block number of the producer of the plants. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3049.5. Application and Fees. (a) Application. The applicant shall furnish information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals or certification and may be refused unless made sufficiently in advance of the time of planting to permit the Department to establish the origin of the stock, determine the history of the location and supervise any treatment that may be required. (b) Fees. The Department shall establish a schedule of fees for services provided in this article. Fees are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, approval and certification services provided and are not to obtain any right or privilege. Fees shall be submitted at the time of application, except that fees may be paid after planting upon prior approval by the Department. (1) No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of plants provided there shall be no expense to the Department other than for observation of the inspection and testing required in the article, and for the keeping of records. When the procedures prescribed in the article are conducted by the University of California, or by the United States Department of Agriculture, they shall not be less than provided in this article, and the Department shall be notified each year of the plants to be entered or continued in the program. (2) With respect to all of the fees, the Department may require a larger fee on any or all plantings entered when, because of conditions and total acreages entered, the fees will not cover the cost of the service. This may apply to districts or the entire State. (c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3050. General Provisions. s 3051. Inspection and Testing Procedures. s 3052. Application and Fees. s 3053. Approval and Certification. s 3055. Disclaimer of Warranties and Financial Responsibility. The provisions of Section 3069 shall apply to this article. Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.1. Definitions. (a) "Approved treatment" means any soil preparation, treatment, and post-treatment recontamination preventative measures that are approved, documented, and supervised by the Department as a means of producing nursery stock free of nematodes. (b) "Soil" includes, but is not limited to, what is generally known as soil, mixtures of soil and horticultural soil amendments, and horticultural soil amendments alone, as blends, or as mixtures, used as a plant growing medium. (c) "Approved laboratory methods" means any soil sampling plans; growing plot or sample identification methods; sample protection, transportation, and processing methods; nematode extraction methods; and nematode diagnostic procedures approved by the Department to test soil and plants for the presence of nematodes. (d) "Free of nematodes" means free of nematodes consistent with the capacity of the approved treatment and approved laboratory methods prescribed in this article respectively to yield nursery stock free of nematodes or to detect low level nursery stock nematode infestations. It does not mean complete freedom and nematodes may be present consistent with the limitations inherent to the prescribed approved treatment and approved laboratory methods. (e) "Nematode" means nematode species that the Department determines to be economically important. (f) "Participant" means any person for whom the Department has approved an application for nursery stock nematode certification. (g) "Program" means the nursery stock nematode certification program administered by the Department pursuant to these regulations. (h) "Department" means the California Department of Food and Agriculture, the Secretary of Food and Agriculture, and its agents, employees, or representatives. Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.2. General Provisions. (a) California grown nursery stock may be certified to nematode cleanliness when grown and handled in accordance with the procedures outlined in this article. (b) Participation in this program is voluntary and may be withdrawn at the option of the applicant. (c) Approvals, inspections, tests, supervision, determinations, and certifications shall be conducted by the Department or its authorized agents. (d) Refusal, Suspension, or Termination of Certification. The Department reserves the right to refuse certification services to anyone and may refuse, suspend, or terminate certification for part or all of a planting if: (1) The requirements of this article have not been met; or, (2) Participant responsibilities specified in this article are not met; or, (3) Any condition which hinders or prevents proper treatment, approval, field or plant sampling, or laboratory nematode diagnostics; or, (4) A planting or part of a planting is found to be nemotode infested; or, (5) The identity of the stock becomes uncertain or has not been properly maintained; or, (6) Indicia of certification are misused or stock is misrepresented. Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.3. Participant Responsibilities. All participant responsibilities specified in this article shall be performed at the expense of the participant. The participant shall be responsible for: (a) Application for nursery stock nematode certification. (b) Selection of planting location(s). (c) Soil treatments. (d) Post-treatment cultural and sanitation practices necessary to help prevent nematode recontamination. (e) Notifying the Department of the date of all pest control treatments in plantings for which inspections are scheduled, the product used, dosage and any re-entry or worker safety requirements which apply. This notification is required to assure that approvals and inspections may be made properly and in accordance with state law governing worker health and safety for pesticide exposure. Such notification need not be made at times when inspections are not scheduled. (f) Proper use of all official indicia of certification provided by the Department. (g) Compliance with the requirements of this article and with all other applicable laws and regulations. Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.4. Eligibility. Any clearly identified block or lot of nursery stock being grown in soil which, at the time of application, can be determined to be free of nematodes may be entered for certification of nematode freedom at the time of harvest and/or sale. Nursery stock meeting the requirements of this article shall be eligible for certification using official indicia of certification for a period of not more than two growing seasons after approved soil treatment and planting; or, 12 months after the nursery stock has been determined to be free of nematodes based on approved laboratory methods. In either of the foregoing cases, eligibility will be invalidated if, after harvest, nursery stock is stored in untreated soil or otherwise exposed to nematodes. Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.5. Certification. The Department will issue and authorize the use of official tags, seals or other indicia of certification on nursery stock which meets the requirements of this article. Nursery stock may be certified for nematode freedom in accordance with subsection (a) or (b) below. (a) Certification Based on Approved Treatment. Certification based on approved treatment involves the planting of nursery stock (including seed, unrooted cuttings, rooted cuttings, plantlets or seedlings) in approved treated soil and protecting it against nematode contamination until harvest and sale. Rooted planting stock must be determined to be free of nematodes using approved laboratory methods prior to planting in approved treated soil. Prescribed soil preparation requirements must be documented and approved chemical treatments must be both supervised and documented by the Department. All documentation and required supervision may be performed at the time of treatment. (1) Field Treatment. (A) Pre-Treatment Soil Preparation. 1. Trash Removal. Plant material must be removed and the planting site shall be disced to reduce the size of trash remaining so that the treatment will be effective. Both trash removal and discing shall be performed to the satisfaction of the Department. 2. Waiting Period. A clean-fallow period shall be maintained, after trash removal and before treatment, as follows: a. Not less than 24 months following removal of an orchard or vineyard that has been in place for more than one year. b. Not less than nine months following removal of a previous woody nursery crop which has been in place for more than one year. c. Not less than six months following removal of a nematode host crop which has been in place for less than one year. d. No waiting period is required after the removal of an annual vegetable plant crop. 3. Soil shall be worked to a depth of two to three feet to break up hardpan or plowsole. Soil moisture and cultivation shall be adequate to render the soil in seed bed condition. (B) Treatment. All applications of pesticides must be made in compliance with the applicable laws and regulations. 1. Soil temperature at depth of injection shall be 40 degrees F and 80 degrees F. If the soil temperature is above 80 degrees F, but 85 degrees F or less, the dosage of methyl bromide should be increased by 5% over the minimum specified by the Department. 2. Materials and Schedules of Dosages. The rate per acre for the fumigant used shall not be less than the minimum prescribed by the Department. Treatments for soils containing more than 30% clay may not be approved. 3. Treatments in accordance with these procedures shall be good for 18 months from the date of treatment to planting date provided that the treated area is clean-fallowed and otherwise not exposed to nematode reinfestation. 4. Application methods include dual application, tarping (solid and strip), or any other suitable method as approved by the Department. The tarp used in a methyl bromide fumigation shall remain in place for 48 hours. 5. Any lot of rooted nursery stock which has not been approved in the nematode control program must be sampled using approved laboratory methods, and found to be free of nematodes, prior to planting in approved treated soil. 6. Nursery stock produced in accordance with these approved procedures shall be stored, healed-in, or calloused in media, beds, or storage areas approved by the Department. Treatments may be required to protect against nematode infestation. (2) Container, Flat, and Frame Grown Nursery Stock. All soil, containers, flats, and soil within frames shall be treated prior to planting. Following treatment, the soil and containers shall be protected from reinfestation by nematodes. The following are approved treatments: (A) Aerated steam in a closed chamber until all soil reaches a temperature of not less than 140 degrees F and is maintained for not less than 30 minutes; or, (B) Steamed in a closed chamber until temperature of all soil reaches 180 degrees F; or, (C) Fumigated under a plastic tarpaulin or in a gas-tight chamber for 24 hours using two pounds of methyl bromide per 100 cubic feet. Soil temperature shall not be lower than 50 degrees F at start of treatment. (b) Certification Based on Approved Laboratory Methods. The following, or other, laboratory methods approved by the Department shall be used to determine nematode freedom. Any sample in which nematode is detected shall be considered infested and not eligible for certification under the provisions of this article unless there is a Department-approved eradicative treatment and the participant so treats the nursery stock. (1) Field Grown Nursery Stock, Generally. Collect samples on a 40 foot x 40 foot grid interval throughout the planting. Samples may be composited on an acre or nursery stock variety basis. Alternatively, at the discretion of the Department, samples may be collected on an 80 foot x 80 foot grid interval and composited on a two-acre basis when either of the following conditions have been met: (A) The planting site has been treated at the product labeled rate for the kind of nursery stock being produced. (B) No nematodes have been found by laboratory methods in the previous two successive nursery crops on the growing site. (2) Container, Flat, and Frame Grown Nursery Stock. A composite sample is to be obtained from every 100 square feet of bench or frame space. Each sample should be kept to a logical and practical size as determined by the Department. (3) Delimitation. When an original sample is positive for nematodes, delimitation sampling may be performed on a 20 foot x 20 foot grid interval with samples composited on a 1/4-acre basis. All delimitation shall be done at the Department's discretion. Any nursery stock represented by a delimitation sample in which a nematode is detected is considered infested. Any nursery stock represented by a delimitation sample that is free of nematodes shall be eligible for certification. (4) Bare root sampling may be performed using procedures approved by the Department. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. s 3055.6. Application and Fees. (a) Application. The applicant shall furnish any information requested regarding the planting and shall consent to the taking of samples by the Department for inspection or testing purposes. The required fees shall accompany each application submitted. (1) An application for approval of a soil treatment shall be submitted with the Department 15 days prior to the planned start of treatment to allow for scheduling of inspections and to verify stock eligibility. (2) An application for testing using approved laboratory methods shall be submitted to the Department by not less than 15 days prior to the month in which sampling must be performed to allow for workload scheduling. (3) A late application may be accepted as workload, scheduling, and staffing permit. If workload, scheduling, or staffing do not allow for required testing using approved laboratory methods, a late application will be refused. (b) Fees. Fees established by this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the approval, inspection, sampling, and determination procedures and are not to obtain any right or privilege. (1) The Department shall establish a schedule of fees for the services provided in this article based upon the approximate cost of the service rendered. (2) The Department may charge additional fees when due to conditions, total acreage entered, or number of samples and/or determinations made, the fees established will not cover the cost of the service. (3) The Department may establish a late fee for applications. (4) Fees paid for services that are not rendered shall be refunded to the applicant provided, however, that amounts refunded may be prorated based on the amount of work actually performed by the Department in the administration of the requirements of this article. (c) Fee Schedule. (1) The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for inspections, including sampling and testing, and special treatments for the nursery stock nematode certification program. The fees shall be: (A) Supervision of Soil Treatments. 1. $45.00 per hour per site when the application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment. 2. $100.00 late fee plus $45.00 per hour per site when the application is postmarked less than fifteen (15) days prior to initiation of the treatment. (B) Sampling. $45.00 per hour. (C) Testing. $40.00 per sample submitted. (D) Supervision of Commodity Treatments. 1. $45.00 per hour when application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment. 2. $100.00 late fee plus $45.00 per hour when application is postmarked less than fifteen (15) days prior to initiation of the treatment. (2) When calculating service charges, the hourly rate shall be applied to travel time (portal to portal), field time, and documentation time. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code. s 3056. Tree Identification. Note: Authority cited: Sections 407 and 435, Food and Agricultural Code. s 3060. Nursery and Seed Inspection. Definitions. The following definitions, in addition to those stated in Subarticle 10 Sections 25-49 and 5001-5008 of the Food and Agricultural Code, apply to this article. (a) "Qualified nursery and seed inspector" means a representative of the County Agricultural Commissioner who: (1) Possesses a State certificate of qualification in Nursery and Seed Regulation and Plant Quarantine and Pest Detection, or (2) A member of a Commissioner's staff possessing required experience and education, studying for State certification, and working under the supervision of a qualified nursery and seed inspector. (b) "Noxious weed seed" is as defined in Subarticle 10 Section 52256 of the Food and Agricultural Code. (c) "Turf" means field cultivated turfgrass sod consisting of grass varieties, or blends of grass varieties, and Dichondra for use in residential and commercial landscapes. Note: Authority cited for Sections 3060 through 3060.5: Sections 407, 6901-6904, 6961-6970, and 52333, Food and Agricultural Code. Reference: Sections 5821-5827, 6901-6904, 6961, 6965, 6968, and 52333, Food and Agricultural Code. s 3060.1. Inspection of Nurseries. (a) Each Commissioner shall inspect nursery stock, other than seed, which is being grown or sold as often as is required to assure compliance with pest cleanliness. Note: Authority cited: Sections 407, 6502, 6901, and 6902, Food and Agricultural Code. Reference: Sections 6502, 6901-6904, and 6961, Food and Agricultural Code. s 3060.2. Standard of Cleanliness. Any person selling, handling or growing nursery stock, other than seed, produced, held, or offered for sale, shall maintain the following standard of cleanliness of nursery stock in his possession. (a) All nursery stock shall be kept commercially clean in respect to established pests of general distribution. Commercially clean shall mean that pests are under effective control, are present only to a light degree, and that only a few of the plants in any lot or block of nursery stock or on the premises show any infestation or infection, and of these none show more than a few individuals of any insect, animal or weed pests or more than a few individual infestations of any plant disease. (b) All nursery stock shall be kept free of: (1) Pests of limited distribution including pests of major economic importance which are widely, but not generally distributed, except as provided in section 3060.4 (a)(1)(C) below; and (2) Pests not known to be established in the State. Included in the meaning of this paragraph is that turf shall be kept free of noxious weeds. (c) Where the Commissioner or Secretary determines that a history of weed pest problems exists, turf shall be grown on soil treated with methyl bromide in accordance with treatment and handling procedures approved by the Department. Weed pests established in and around the growing grounds shall be controlled to a point that they are not likely to infest the growing turf. In addition, the Commissioner or Secretary may require clean fallowing, trap cropping, or other cultural controls as may be necessary to assure the pest cleanliness of the turf when shipped. Note: Authority cited: Sections 407 and 6901, Food and Agricultural Code. Reference: Sections 6901-6904, Food and Agricultural Code. s 3060.3. Requirements for Seed Shippers to Use Nursery Stock Certificates. Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 6901-6904, 6961, and 52333, Food and Agricultural Code. s 3060.4. Enforcement. (a) The Commissioner shall keep records of inspections made and of orders issued to enforce this article. (1) Inspections of the growing grounds, storage yards, and sales places of nursery stock, other than seed, shall be performed by a qualified nursery and seed inspector who shall make a sufficient examination of all varieties and all lots or blocks of nursery stock and all established plants, appliances, and other things thereon as may be necessary to determine compliance with this article. (A) The inspection shall be substantiated by the filing with the Commissioner of a report of such inspection showing the names of pests and infested or infected host plants and their location in the nursery, and the disposition of all blocks of stock found infested or infected to a degree greater than the minimum requirements of this article. (B) The Commissioner or the Director may require by a written order that any nursery stock found infested or infected with a pest shall be isolated or safely delimited in a manner approved by the Commissioner or the Director, and may specify that the pest shall be controlled or eradicated, or that the infested or infected plants shall be disposed of in a manner satisfactory to the Commissioner or the Director within a reasonable specified length of time. (C) The Secretary may permit nursery stock which may be infested with pests, subject to quarantine regulations or Section 3060.2(b)(1), to be sold for planting or for resale for planting, within the area under quarantine or area infested with a specified pest, where the nursery stock is offered for sale, provided that: 1. a quarantine or other pest shall not be eligible for movement as described in this section unless it has been so designated herein by the Secretary (the Secretary has designated Homalodisca coagulata, glassy-winged sharpshooter, as eligible for movement as described in this section); and 2. the nursery stock is moved between points within the area under quarantine or within the area infested with the specified pest and involves no movement outside thereof; and 3. the pest is not under eradication in the quarantine or infested area; and 4. movement of the nursery stock is not specifically prohibited by the quarantine regulation or local ordinance; and 5. the nursery stock is commercially clean. (D) Nursery stock which does not meet the standards of cleanliness prescribed in Subarticle 10 Section 3060.2 shall not be sold except as provided in (C) above or under a written agreement between the buyer and seller which discloses the following: 1. failure to comply with the standards of cleanliness; 2. affirmation of the buyer's agreement to purchase the stock on an "as is" basis; and 3. written agreement by the destination department of agriculture the stock for planting by the buyer or resale at retail for non-farm use in the destination county or state. (2) Inspection of seed for the purpose of issuing nursery stock certificates shall be in accordance with the methods prescribed for official sampling and examination of seed for noxious weed seed under the California Seed Law. Sampling and examination shall be performed by a qualified nursery and seed inspector or by a seed botanist of the Department. The inspection is to be substantiated by the filing with the Commissioner of a report by the inspector for each six-month period showing that the shipper has complied with this article. (b) Notification. (1) When an application to sell nursery stock is received from a person not previously licensed at the location involved, the Director shall notify the Commissioner allowing 15 days for the Commissioner to make whatever recommendations he deems appropriate regarding the issuance of the license. (2) Upon receipt of notice from the Commissioner that a licensee or applicant for a license has failed to comply with the standard of cleanliness set forth herein or has failed to comply with a written order issued by the Commissioner, the Director will take appropriate action against the application or license involved. (3) The Commissioner shall notify the Director of the issuance, suspension, or revocation of nursery stock certificates to any shipper. (4) The Commissioner shall notify the Director when a shipment of nursery stock from within the State is found infested or infected with a pest in violation of the standard of cleanliness herein established. (c) Suspension. The use of nursery stock certificates shall be suspended, as to all nursery stock, other than seed, or as to infested or infected and exposed host plants: (1) Upon finding in the nursery any new pest, determined by the Director to be of serious importance to agriculture or pending such determination, until isolation, clean up, or eradication in a manner approved by the Director is complied with; or (2) Upon finding in the nursery any pest that is required by this article to be kept under intensive control until either (A) All hosts or carriers likely to be infested or infected are prohibited movement by a written hold order or (B) Adequate precautions or intensive control measures have been applied which will assure the pest cleanliness of hosts or carriers when shipped; or (3) Upon finding in the nursery an infestation or infection or any established pest of general distribution in a degree greater than commercially clean, until such infestation or infection is controlled to the satisfaction of the Commissioner or Director. (d) Revocation. Nursery stock certificates shall be revoked: (1) As to nursery stock, other than seed, upon repeated findings within the preceding twelve months that the shipper has failed to maintain the standard of cleanliness herein prescribed; (2) As to nursery stock, including seed, upon finding that the shipper has violated any law or regulation pertaining to nursery stock, including seed, or the requirements of this article. (e) Refusal. Issuance of nursery stock certificates may be refused if during the preceding twelve months: (1) An authorization of the shipper to use nursery stock certificates has been revoked; or (2) The shipper has failed or refused to comply with any law or regulation pertaining to nursery stock or pests; or (3) Conditions in or around the nursery have exposed nursery stock to infestation by pests, including weed seeds, and for which adequate precautions or control measures cannot be or have not been applied. Note: Authority cited: Sections 407, 6901 and 6961, Food and Agricultural Code. Reference: Sections 6901-6904 and 6961, Food and Agricultural Code. s 3060.5. Certificates. (a) Form of Certificates. (1) Nursery stock certificates shall be in essentially the following form: ------------------------------------------------------------------------------- CALIFORNIA NURSRY STOCK CERTIFICATE For Interstate and Intrastate Shipments No. _____________________________________ This plant material or nursery or premises from which this shippment was made has been inspected and found free from especially injurious plant pests and disease symptoms. THIS SHIPMENT NEED NOT BE HELD FOR INSPECTION IN CALIFORNIA (date optional) Issued by: (county) County Agricultural Commissioner and California Department of Food and Agriculture, Sacramento 95814 (2) Certificates shall bear an identification number issued or Authorized by the Commissioner. (3) A Commissioner may either issue certificates or authorize a shipper to reproduce a facsimile of the nursery stock certificate in the form and manner approved by the Commissioner. Such certificates shall be reproduced in a legible and conspicuous manner. (b) Use of Certificates. (1) No nursery stock certificate shall be used: (A) On any shipment of nursery stock, other than seed, any portion of which was grown by a nursery not eligible to use nursery stock certificates, unless such portion of the shipment is duly inspected and found to meet the minimum requirements for pests set forth herein; (B) By any person other than the shipper to whom issued; (C) On any shipment of nursery stock for which movement from certain areas is restricted by specific California quarantine regulations unless accompanied by the required quarantine certificate or permit; (D) On any shipment into any county where such movement is restricted by a requirement of the Commissioner of the county of destination pursuant to Subarticle 10 Sections 6505 and 6961 of the Food and Agricultural Code; (E) On any shipment of plants not in compliance with the minimum standards of cleanliness prescribed in this article. (2) The Commissioner may affix a nursery stock certificate on a noncommercial shipment of plants which the Commissioner inspects and finds to meet the requirements of this article. Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 6901-6904, 6961, and 52333, Food and Agricultural Code. s 3060.6. Requirements of Shippers of Nursery Stock Removed from Established Plantings. (a) Nursery stock also includes trees, shrubs, or other plants which are removed from established farm or landscape plantings or from their native habitat for planting, propagation or ornamentation. A license to sell nursery stock is required for sale of such nursery stock. (b) Such nursery stock shall not be moved unless accompanied by a shipping permit issued by the Commissioner, or a nursery stock certificate if all conditions for its issuance have been met. Nursery stock found not in compliance with the standard of cleanliness, or for which an adequate inspection cannot be made, or on a property infested with a pest described in paragraph (b) of Subarticle 10 Section 3060.2, shall be placed under hold order until brought into compliance or adequately inspected, unless movement of such stock is permitted only under restriction with the knowledge of the Commissioner at point of destination and the person receiving the stock. The Commissioner shall notify the Director when finding nursery stock has been moved in violation of this article. Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 5701, 6721, 6901-6904, 6961, 6965, and 6968, and 52333, Food and Agricultural Code. s 3061. Labeling. The following is established as an exception of the individual plant labeling requirement specified in Food and Agricultural Code Subarticle 10 Section 53482: Nursery stock, when offered for sale, may be labeled as to botanical name, kind or variety or common name at the discretion of the person offering it for sale. If such stock is labeled, it must comply with Section 53841 et seq., Food and Agricultural Code. Note: Authority cited: Sections 407, 53391, 53392 and 53482, Food and Agricultural Code. Reference: Sections 53392 and 53481-53483, Food and Agricultural Code. s 3062. Grade-Sizes. (a) General Provisions. Nursery stock, when offered for sale, need not be graded and tagged at the discretion of the person offering the stock for sale; but if it is graded and tagged, it must meet the requirements of this article. Nursery stock when graded by size shall have a well-developed root system and the canes or top-growth shall have proportionate weight and caliper according to grade-size and variety. The number and length of the canes or top-growth specified for each grade-size shall refer to the number and length before such canes or top-growth are cut back or pruned in preparation for sale. Nursery stock which has been cut back or pruned may be compared with other stock of the same class which has not been cut back or pruned, to determine compliance with the grade-size established herein. (b) Roses. Field-grown bare root rose bushes harvested after the second season of root growth shall be labeled with the grade-size on each bundle when sold at wholesale. Rose bushes which do not meet the lowest grade-sizes shall be labeled as "substandard" whenever sold at wholesale. The grade-sizes hereby established for each classification of rose bushes are minimum sizes and not more than 10 percent of the roses in any lot shall be below the size specified. (1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, and Moss Roses. No. 1 rose bushes shall have three or more strong canes, 16 inches and up, branched not higher than three inches above the bud union. No. 1 1/2 rose bushes shall have two or more strong canes, 15 inches and up, branched not higher than three inches above the bud union. No. 2 rose bushes shall have two or more strong canes, 12 inches and up, branched not higher than three inches above the bud union. No. 3 rose bushes shall be of good salable and plantable quality. (2) Floribunda Roses. No. 1 rose bushes shall have three or more strong canes, 15 inches and up, branched not higher than three inches above the bud union. No. 1 1/2 rose bushes shall have two or more strong canes, 14 inches and up, branched not higher than three inches above the bud union. No. 2 rose bushes shall be of good salable and plantable quality. (3) Polyantha and Low Growing Floribunda Roses. No. 1 rose bushes shall have four or more canes, 10 inches and up, branched not higher than three inches above the bud union. No. 11/2 rose bushes shall have three or more canes, eight inches and up, branched not higher than three inches above the bud union. No. 2 rose bushes shall be of good salable and plantable quality. (4) Climbing Roses. No. 1 rose bushes shall have three or more strong canes, 24 inches and up, branched not higher than three inches above the bud union or crown. No. 1 1/2 rose bushes shall have two strong canes 18 inches and up, branched not higher than three inches above the bud union or crown. No. 2 rose bushes shall be of good salable and plantable quality. Effective September 1, 1985, the grade-sizes for roses shall be as hereafter specified. At the same time, the foregoing grade-sizes for roses shall be void. The grade-sizes for each group of bush rose classifications are minimum sizes and not more than ten percent of the roses in any bundle shall be below the size specified. As used in the grade-sizes below, "strong cane" means a cane that is at least 3/16 of an inch in caliper regardless of its length, and is healthy, vigorous, and fully developed so that it is hardened off throughout the specified length for the grade. (1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, Moss, and Climbing Roses. No. 1 rose bushes shall have at least three strong canes, 16 inches (40.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 1 1/2 rose bushes shall have at least two strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. (2) Floribunda Roses. No. 1 rose bushes shall have at least three strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 1 1/2 rose bushes shall have at least two strong canes, 14 inches (35.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. Note: Although the grades for floribunda roses are not significantly different from those for the hybrid teas, grandifloras, and others of that group, as applied they normally should be expected to result in the marketing of rose bushes which are, on the average, lighter for this class. (3) Polyantha and Low Growing Floribunda Roses. No. 1 rose bushes shall have at least four canes, 10 inches (25.4 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 1 1/2 rose bushes shall have at least three canes, 8 inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. No. 2 rose bushes shall have at least two canes, eight inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union. (c) Deciduous Fruit, Almond, Walnut and Pecan Trees. Grade-sizes are hereby established for the following kinds of nursery stock: almond, apple, apricot, cherry, fig, nectarine, peach, pear, pecan, persimmon, plum, prune, quince and walnut. Whenever these kinds are sold bare root in lots of ten or more of one variety, each bundle shall be labeled with the grade-size except that the grade-size shall not be required for flowering ornamental varieties, dwarf trees, multiple budded trees, dormant budded trees, unbudded rootstocks, or for trees individually packaged for use in the retail trade. The grade-size specified is the lower limit of a range of sizes up to the next highest grade-size specified. Not more than 10 percent of the trees in any bundle shall be less than the lower limit of the size specified and not more than 20 percent shall exceed the upper limit. Trees shall be graded by caliper to be measured two inches above the center of the bud union or, if not budded, two inches above the crown. (1) Yearling trees (two-year-old roots) and older shall be graded in the following sizes: 1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm), 1 inch (25.4 mm). Grade-sizes less than 1/4 inch shall be graded "substandard." Grade-size larger than 1 inch (25.4 mm) shall be graded and labeled in 1/4 inch (6.4 mm) increments. (2) June buds (one-year-old roots) shall be graded in the following sizes: 3/16 inch (4.8 mm), 1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm) and up. Grade-sizes less than 3/16 inch shall be graded "substandard." (d) Grapevines. Whenever grapevines are sold bare root in lots of 25 or more of one variety each bundle shall be labeled with the grade-size. The grade-sizes hereby established are minimum sizes and not more than 10 percent of the vines in any lot shall be below the size specified. In addition to the minimum size specifications established for grapevines, rooted cuttings of grape rootstock varieties shall be graded by length and caliper size of the original cutting: length of rootstock to be measured from the uppermost node from which the top-growth originates to the basal node where roots develop; caliper size to be measured equidistant between the node from which the top-growth develops and the node immediately below. The following grade-sizes are hereby established: (1) No. 1 grapevines shall have a well-matured top-growth at least eight inches (20.3 cm) in length and shall have a well-developed root system originating from the basal node of the original cutting. If such vines have been produced by grafting or budding, the unions thereof shall be complete and sound without surplus callus tissue; no roots or suckers shall proceed from the scion portion, and no suckers shall proceed from the rootstock portion thereof. Rooted cuttings of grape rootstock varieties shall be at least 14 inches (35.6 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm). Grapevines which meet the minimum size specifications for a No. 1 grapevine and in addition have one or more 14-inch (35.6 cm) canes of well-matured top-growth may be labeled with the grade-size designation, "Jumbo." (2) No. 2 grapevines shall have healthy live roots originating from the basal node of the original cutting and shall have a well-matured top-growth at least four inches (10.2 cm) in length or a total of at least eight inches (20.3 cm) of well-matured top-growth. If such vines have been produced by grafting or budding, the unions thereof shall be sound without a prominent surplus of callus tissue. Rooted cuttings of grape rootstock varieties shall be at least 10 inches (25.4 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm). (3) Substandard grapevines are grapevines that have some root and top growth, but which do not otherwise meet the minimum size specifications prescribed herein. Such grapevines shall be labeled "substandard." (e) Exemptions. All nursery stock requiring grading as described in this section shall be graded as provided except when by written agreement, buyer and seller agree that the nursery stock will be graded after sale by the buyer and before reselling. When a written agreement of this type is made, a copy of such agreement shall be provided upon request to the Department of Food and Agriculture or the County Agricultural Commissioner of the county in which the nursery stock was produced. Note: Authority cited: Sections 407, 53391 and 53392, Food and Agricultural Code. Reference: Sections 53392 and 53481, Food and Agricultural Code. s 3064. Release of Nursery Stock Inspected at Origin. Nursery stock inspected at origin by representatives of the origin state Department of Agriculture may be released without inspection at California destination points upon compliance with all of the conditions specified in this section. (a) Interstate Origin Inspection Agreements and Shipments from Approved Growing Grounds. Each participating nursery, as a condition of approval, shall sign an Interstate Origin Inspection Agreement agreeing to comply with all the requirements of this section and any other requirements that the California Department of Food and Agriculture deems necessary to assure compliance with the California pest cleanliness standards. Those growing grounds which have been licensed as nurseries, and recommended for this program by the origin state Department of Agriculture and approved by the California Department of Food and Agriculture, are designated as areas from which plant shipments may be released without inspection at destination. The release of plant material without inspection is limited to the types described in the particular Interstate Origin Inspection Agreement. (b) Advance Notice of Nurseries Intending to Ship Required. The origin state Department of Agriculture shall notify the California Department of Food and Agriculture, within 15 days prior to the first shipment, of the name of any nursery requesting approval of growing grounds to ship under this section. (c) Notice of Serious or New Pests Found. The origin state Department of Agriculture shall notify the California Department of Food and Agriculture of any serious or new pest found in any nursery authorized to ship to California under this section or found within one mile of such nursery. (d) Nursery Requirements. Nurseries authorized to ship into California under this section shall: (1) Maintain a regular pest control program monitored by the origin state Department of Agriculture and meet all pest cleanliness standards outlined by the California Department of Food and Agriculture. (2) Furnish the California Department of Food and Agriculture with a map of all approved growing grounds and a list of all types of approved plant material to be shipped under this section. (3) Ship pursuant to this section only plant material as named above and grown on approved growing grounds. Each shipment shall be accompanied by a special origin inspection certificate authorized by the origin state and California Departments of Agriculture. (4) Maintain a chronological record of all shipments to California receivers and upon request, make such records available to officials of the origin state Department of Agriculture and the California Department of Food and Agriculture. Unless otherwise provided, the record shall include the kinds and quantity of all plant material shipped, the date of shipment and the name of the consignee. (5) Comply with all other requirements the California Department of Food and Agriculture deems necessary to assure compliance with California pest cleanliness standards. Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code. s 3065. Oregon Nursery Stock Inspected at Origin May Be Released. Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code. s 3066. Arizona Nursery Stock Inspected at Origin May Be Released. Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code. s 3067. Washington Nursery Stock Inspected at Origin May Be Released. Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code. Note: Authority cited: Subarticle 10 Section 407, Food and Agricultural Code; and Subarticle 10 Section 11000.7, Government Code. Reference: Subarticle 10 Sections 6723-6727, Food and Agricultural Code. s 3069. Disclaimer of Warranties and Financial Responsibility; Implementing Agreements and Forms. (a) Nature of "Registration" and/or "Certification." The terms "registration" and/or "certification" as used in these Programs mean that Department employees or agents have visually inspected growing grounds and crops thereon as described in this article. The terms do not mean that the Department has inspected or is responsible for nuclear or parent stock, or that the Department has control over the labeling of the stock by Program participants. Registration and/or certification does not guarantee or warrant that the articles to which foundation, registration or certification tags are attached, or which are otherwise represented as foundation, registered or certified are merchantable or fit for a particular purpose. (b) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts, and plant materials under any Nursery Stock Registration and/or Certification Program. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with these Programs. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding these Programs, except as provided in this section. (c) Each participant in a specific Program shall be required to sign the following Agreement as a condition of participation: CALIFORNIA NURSERY STOCK REGISTRATION AND/OR CERTIFICATION PROGRAM 3 California Administrative Code Subarticle 10 Section 3069. et seq. READ THIS DOCUMENT CAREFULLY AND COMPLETELY BEFORE SIGNING DISCLAIMER OR WARRANTIES AND NONLIABILITY AND INDEMNIFICATION AGREEMENT (1) The undersigned grower is a participant in the (specific Registration and/or Certification) Program of the Department of Food and Agriculture. Applicant understands that the following limitations of liability apply: LIMITATIONS OF LIABILITY (A) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose. (B) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. (C) In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material. (D) No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069. (2) Participant agrees to the above limitations of liability and further agrees: (A) To waive any and all causes of action for damages, indemnification, or otherwise, which may accrue to the applicant in any manner against the State of California, the Department, its officers, agents, and employees in connection with the Department's participation in the Program; (B) To indemnify, defend and save harmless the State of California, the Department and its officers, agents, and employees from any and all claims or losses occurring or resulting from the Department's participation in the Program in connection with participant's activities; (C) To attach to each container of foundation, registered or certified nursery stock a tag, accurately and fully completed. In lieu of a tag on each container, a notice, accurately and fully completed, may be printed on or attached to each bulk delivery invoice. Each tag and notice will be in the form provided by 3 California Administrative Code Subarticle 10 Section 3069(d); and (D) Not to advertise or otherwise represent that the Department certifies freedom from disease, genetic disorder, off-type or any aspect of performance, nor that the Department has any financial responsibility with regard to the Program. This agreement shall be deemed to incorporate future amendments to the Food and Agricultural Code and 3 California Administrative Code relating to the Nursery Stock Registration and/or Certification Program. The agreement shall remain in effect for the current and each succeeding year of Program participation. _________________________ __________________________________ Date Name of Grower _____________________________ By _____________________________ Title _____________________________ Street Address _____________________________ City and Zip Code Note: If participant is a sole proprietorship, the owner must sign; if a partnership, a managing partner; if a corporation, an executive officer. Keep a signed copy for your file. (d) Following is the statement required on each tag or notice which is to be used by Program participants, as stated in Subsection (c): (1) Tag (FRONT OF TAG, WHICH STATES PROGRAM NAME) NOTICE OF NONLIABILITY AND DISCLAIMER OF WARRANTIES. THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. (CONTINUED ON REVERSE OF THIS TAG.) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069. The grower, whose name and participation number appear on the other side, is responsible for all information filled in on this tag. Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot or block number and serial number shown on the face of this tag. (2) Bulk Delivery Invoice Notice (which states Program name). DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS, AND PLANT MATERIALS UNDER THE PROGRAM. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069. The grower, whose name and participation number appear on this document, is responsible for all information filled in on this document. Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number shown on this document. Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code. <<(Subchapter Originally Published 6-25-45)>> Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Sections 11401- 12121, 12971-12979 and 12991, Food and Agricultural Code. Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code. Note: Authority cited: Sections 407, 409 and 11502, Food and Agricultural Code. Reference: Subarticle 10 Sections 409, 11903 and 11904, Food and Agricultural Code. s 3090. Equipment Identification. Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code. s 3090.1. Reports of Vehicle Accidents, Forced Landings, Emergency or Accidental Release. s 3090.2. Reports. Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code. s 3091. General. s 3092. Experimental Use Permits. s 3093. Protection of Persons, Animals, and Property. Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code. s 3094. Work Requirements. s 3095. Vector Control Exemption. Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781, 12976, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-11531, and 12751-13102, Food and Agricultural Code. s 3096. Protection of Bees. Note: Authority cited: Subarticle 10 Sections 407, 11502, 12781, 14005, 29032, and 29145.1, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-11940, 14001-14104, 29001-29328, Food and Agricultural Code. s 3097. Citrus/Bee Protection Area. Note: Authority cited: Subarticle 10 Sections 407, 11502, 12005, 12781, 14005, 29032 and 29145.1, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12054, 14001-14104 and 29001-29328, Food and Agricultural Code. s 3098. Service Containers. Note: Authority cited: Subarticle 10 Sections 407, 11502, 12781, 12859, and 12976, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401 through 11940, and 12751 through 13102, Food and Agricultural Code. Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code. Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code. Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code. s 3135. Findings of the Director. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3136. Control of Pesticides, Containers, and Equipment. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3137. Delivery of Pesticide Containers. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3138. Posting of Pesticide Storage Areas. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3138.1. Storage Labeling. s 3139. Prohibited Containers for Pesticides. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3140. Container Requirements. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3140.1. Transportation. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3141. Rinse and Drain Procedures. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3142. Disposal of Rinsed Containers. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3143. Disposal of Pesticides and Unrinsed Containers. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. s 3144. Disposal of Outer Shipping Containers and Dry Pesticide Containers. Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code. s 3145. Exemptions. Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code. <<(Subchapter Originally Printed 7-25-45)>> Note: Authority cited for regulations in Group 4: Subarticle 1 Sections 403, 404, 407, 5024, 5301, 5302, 5303, 5322, 5721, 5741, 6443 and 7502, Food and Agricultural Code. Issuing agency: Director of Food and Agriculture and/or the Governor. s 3152. Enforcing Powers. s 3153. Federal Experimental Shipments Exempted. Federal experimental shipments moved into this State by, or at the request of the United States Department of Agriculture, are exempted from the provisions of exterior quarantine regulations. Note: Authority cited: Subarticle 2 Sections 407 and 5302, Food and Agricultural Code. Reference: Subarticle 2 Section 5302, Food and Agricultural Code. s 3154. Director May Issue Special Permits. The director may issue special permits allowing entry into the state or movement within the state of articles or commodities otherwise prohibited by quarantine subject to limitations, conditions, and/or provisions to prevent introduction, escape or spread of the pest quarantined against. Such limitations, conditions, and/or provisions may vary depending on the intended use of the articles or commodities and the potential risk of pest escape and will be specified in the permit. Note: Authority cited: Subarticle 2 Sections 407, 5302 and 5322, Food and Agricultural Code. Reference: Subarticle 2 Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3155. Disposition of Violations. s 3156. Hold for Inspection. s 3157. Warning Tags. s 3158. Director May Designate Exemptions. s 3159. Violation Is Misdemeanor. s 3160. Reimbursement for Services. (a) Pursuant to Section 6303(d), Food and Agricultural Code, fees may be charged for reimbursable services. Reimbursable services are those which a shipper or receiver requests; or those services which are required prior to the release of any quarantined shipment which has been prohibited entry into California or which must be returned out of state unless the shipment is unloaded under supervision, inspected, or treated under supervision as necessary to eliminate any pest or pest risk. (b) The Secretary or agricultural commissioner may charge for the services rendered in connection with subsection (a) at a rate equal to the actual cost of the service, portal to portal, adopted as a fee by a county board of supervisors and published in the fee schedule of the county. If the actual cost of the service has not been adopted as a fee by a county board of supervisors and published in the fee schedule of the county, then the rate shall be $35 per hour and $0.30 per mile, portal to portal. Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 6303, 6462 and 6464, Food and Agricultural Code. s 3161. Incorporation of Federal Quarantine Regulations. The Secretary of the Department of Food and Agriculture has determined that violations of federal plant quarantine regulations pose a threat to the agricultural industry of this State and hereby adopts, through reference, the regulations in the Code of Federal Regulations, Title 7, Parts 301 through 369, inclusive, and any subsequent amendments to those regulations. Note: Authority cited: Sections 407 and 6301.1, Food and Agricultural Code. Reference: Sections 5028, 5311, 6301 and 6301.1, Food and Agricultural Code. s 3250. Citrus Pests Exterior Quarantine. A quarantine is established against the following pests, their hosts and possible carriers. (a) Pests. Any species of fruit flies of the family Tephritidae known to attack citrus; citrus canker, Xanthomonas axonopodis pv. citri; and any other injurious insect or other animal or plant disease pest of citrus which does not occur, or is not generally established in California. (b) Area Under Quarantine. All states, districts, and territories of the United States, except the State of Arizona. (c) Articles and Commodities Covered. (1) From the area under quarantine, except the State of Florida: (A) All species and varieties of citrus fruits; (B) All plants and propagative parts, except seed, belonging to, or hybrids of, the genera Citrus (true citrus), Fortunella (kumquats), Poncirus (trifoliate oranges), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit). (2) From the State of Florida: (A) All species and varieties of citrus fruits; (B) All plants and plant parts, except seed, belonging to, or hybrids of, the plant family Rutaceae, including, but not limited to, the genera Citrus (true citrus), Fortunella (kumquats), Murraya (mock orange), Poncirus (trifoliate oranges), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit). (d) Restrictions. (1) Trees, Plants, Scions, Buds, Cuttings, and Understock Prohibited. All plants and propagative materials (except seed) of all species, varieties, and hybrids of plant material listed in subsection (c)(1)(B) are prohibited entry into California from the area under quarantine except the State of Florida unless authorized entry under permit issued by the department or when shipped by, or at the request of, the United States Department of Agriculture for experimental purposes. (2) Trees, Plants, and Plant Parts Prohibited. All plants and plant parts (except seed) of all species, varieties, and hybrids of plant material listed in subsection (c)(2)(B) are prohibited entry into California from the State of Florida except when authorized entry under permit issued by the department or when shipped by, or at the request of, the United States Department of Agriculture for experimental purposes. (3) Requirements for Entry of Citrus Fruit from Florida or Texas. Commercial shipments of citrus fruit made by commercial packing houses, may be admitted into this state from Florida or Texas provided conditions are met as listed under (A) or (B), and (C) and (D) of this paragraph. (A) Shipments of Florida citrus fruit, except lemons and sour limes, must be accompanied by a certificate issued by an official of the Florida Department of Agriculture and Consumer Services indicating the fruit was treated in accordance with methods approved by the department. (B) Shipments of Texas citrus fruit, except lemons and sour limes, must be accompanied by a Federal Master Permit issued under provisions of the United States Mexican Fruit Fly Quarantine and by an agent of the United States Department of Agriculture. (C) Surface Pests. Treatment for surface pests (scale, insects, mites, etc.) is not required as a condition of entry for all citrus fruit, including lemons and sour limes, from Florida and Texas destined to California when the fruit has been cleaned by washing and scrubbing with brushes in a commercial packing house in preparation for interstate shipment. If the fruit has not been so cleaned, prepared and handled, then the fruit shall be treated to assure the fruit is free of surface pests under official supervision prior to shipment and be so certified by an authorized agricultural official of the state of origin. (D) All containers in which citrus fruit are shipped to California shall be new. (4) Citrus fruit from the area under quarantine is prohibited entry into California except as provided herein. (5) Automobiles, Other Vehicles, and Their Contents, Subject to Inspection. Automobiles, trailers, trucks, and other vehicles, baggage, personal effects, household goods, and camping implements, arriving in California from any state or territory of the United States may be placed in quarantine by the department until it has been determined by inspection that the same are free from all varieties of citrus fruits and citrus plants, and parts thereof, except seeds. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3251. Chestnut Bark Disease and Oak Wilt Disease Exterior Quarantine (Quarantine Proclamation 2). A quarantine is established against the following pests, their hosts, and possible carriers. (a) Pests. Chestnut bark disease ( Endothia parasitica), a fungus carried by birds, insects, water, wind, and shipment of nursery stock and unpeeled wood; and oak wilt disease ( Ceratocystis fagacearum), a fungus carried under the bark of live or dead trees or parts of trees and also by oak bark beetles and sap beetles. (b) Area Under Quarantine. All states and districts of the United States except the State of Arizona. (c) Commodities Covered. All species and varieties of chestnut ( Castanea spp.), chinquapin ( Castanopsis spp.), oak ( Quercus spp.), and tanbark oak ( Lithocarpus densiflora) trees, plants, and parts thereof including grafts, cuttings, scions, nuts (except acorns), leaf mold, firewood and unpeeled logs are hereby declared to be hosts and possible carriers of the pests herein quarantined against. (d) Restrictions. (1) Commodities Covered Prohibited From Area Under Quarantine. Except as provided in paragraph (4) hereof, all commodities covered shall be refused admittance into the State of California from the area under quarantine unless each lot or shipment is accompanied by an official certificate evidencing compliance with paragraph (2) or (3) below. (2) Commodities Covered Produced in Western States Admitted Under Certificate of Origin. All commodities covered produced in and shipped from that portion of the area under quarantine west of the states of Montana, Wyoming, Colorado, and New Mexico are admissible into California, provided that each lot or shipment is accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural inspection official of the state in which the commodities were grown or shipped, affirming that chestnut bark disease and oak wilt disease are not known to occur in the state where grown, and also setting forth the name of the state where produced and the kind and amount of commodities covered by the certificate. (3) Commodities Covered Admissible Under Certificate of Treatment. Commodities covered may be shipped to California from the area under quarantine subject to prior approval by the Director of the method of treatment to be used. Except as provided in subsection (d)(2), each shipment of a commodity covered must be accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural official of the state of origin indicating the method of treatment, quantity of commodity covered, identification or license number of carrier, and the names and addresses of the shipper and consignee. (4) No Restrictions on Foreign Nuts. No restrictions are placed by this quarantine upon the nuts of all species and varieties of chestnut and chinquapin ( Castanea spp. and Castanopsis spp.) grown in and imported from foreign countries when reshipped into or arriving in this State in an unopened original container. Note: Authority cited: Subarticle 2 Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Subarticle 2 Sections 5301 and 5302, Food and Agricultural Code. s 3252. Caribbean Fruit Fly Exterior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Caribbean fruit fly, Anastrepha suspensa, of the family Tephritidae is, in the adult stage, a yellowish-brown fly from one and a half to two times the size of a housefly. This insect is a serious pest of many kinds of fruit. (b) Area Under Quarantine. The Commonwealth of Puerto Rico and all the State of Florida south of and including Hernando, Sumter, Lake, and Volusia counties. (c) Articles and Commodities Covered. (1) The fruit or berries of all plants listed below are declared to be hosts and possible carriers of the Caribbean fruit fly. Common Name Botanical Name Akee............................... Blighia sapida Allspice........................... Pimenta dioica Apple.............................. Malus sylvestris Avocado, except commercial fruit............................ Persea americana Barbados Cherry.................... Malpighia glabra Bell Pepper, except commercial fruit............................ Capsicum frutescens Blackberry......................... Rubus hybrid Box Orange......................... Severinia buxifolia Calabur............................ Muntingia calabura Calamondin......................... X Citrofortunella mitis Carambola.......................... Averrhoa carambola Ceylon Gooseberry.................. Dovyalis hebecarpa Cherry of the Rio Grande........... Eugenia aggregata Cocoplum........................... Chrysolbalanus icaco Egg Fruit.......................... Pouteria campechiana Fig................................ Ficus carica Governor's Plum.................... Flacourtia indica Grapefruit......................... Citrus paradisi Grumichama......................... Eugenia brasiliensis Guava (all)........................ Psidium spp. Guiana Plum........................ Drypetes lateriflora Imbe............................... Garcinia livingstonei Jaboticaba......................... Myrciaria cauliflora Jambolan Plum...................... Syzygium cumini Japanese Pear...................... Pyrus pyrifolia Japanese Persimmon................. Diospyros kaki Java Apple......................... Syzygium samarangense Kei Apple.......................... Dovyalis caffra Kieffer Pear....................... Pyrus pyrifolia x Pyrus communis Kiwi............................... Actinidia chinensis Kumquat............................ Fortunella crassifolia Kumquat (oval)..................... Fortunella margarita Lime............................... Citrus aurantifolia Limeberry.......................... Triphasia trifolia Limequat........................... X Citrofortunella floridana Longan, except commercial fruit.... Dimocarpus longan Loquat............................. Eriobotrya japonica Lychee except commercial fruit..... Litchi chinensis Mango.............................. Mangifera indica Miracle Fruit...................... Synsepalum dulcificum Natal Plum......................... Carissa grandiflora Nectarine.......................... Prunus persica Orange Jasmine..................... Murraya paniculata Jack Orangequat.................... Citrus nobilis 'unshiu' x Fortunella sp. Otaheite Apple..................... Spondias cytherea Papaya............................. Carica papaya Peach.............................. Prunus persica Pear............................... Pyrus communis Pitomba............................ Eugenia luschnathiana Pomegranate........................ Punica granatum Pond Apple......................... Annona glabra Rangpur Lime....................... Citrus limonia Rose Apple......................... Syzygium jambos Sapodilla.......................... Manilkara zapota Sour Orange........................ Citrus aurantium Sugar Apple........................ Annona squamosa Surinam Cherry..................... Eugenia uniflora Sweet Lemon........................ Citrus limetta Sweet Orange....................... Citrus sinensis Tangelo............................ Citrus paradisi x Citrus reticulata Tangerine.......................... Citrus reticulata Blanco Temple Orange...................... Citrus sinensis x Citrus reticulata Tomato, except commercial fruit............................ Lycopersicon esculentum (L. Lycopersicum) Tropical Almond.................... Terminalia catappa Velvet Apple or Velvet Persimmon........................ Diospyros blancoi Wampi.............................. Clausena lansium White Sapoti....................... Casimiroa edulis Wild Balsam Apple.................. Mormodica charantia Wild Cinnamon...................... Canella winteriana Wild Dilly......................... Manilkara jaimiqui ssp. emarginata Annona hybrid Atalantia citriodes Eugenia coronata Eugenia ligustrina Ficus altissima Garcinia xanthochymus Manilkara roxburghiana Myrcianthes fragrans Myrciaria glomerata Pseudanamomis umbellulifera Rheedia aristata Terminalia muelleri Trevisia palmata (2) Soil or planting media within the drip area of plants producing, or which have produced, fruit of the plants listed in (1) above. (3) Exemptions. The following are exempt from provisions of this regulation. (A) Green sour lime fruit which shows no yellow coloring. (B) Lemons regardless of color. (d) Restrictions. Articles and commodities covered are prohibited entry into California from the area under quarantine, except as provided below: (1) Articles and Commodities Covered Admissible When Treated At Origin. Articles and commodities covered are admissible into California from the area under quarantine provided each lot or shipment is accompanied by a certificate issued by an authorized representative of the origin state department of agriculture or the United States Department of Agriculture affirming that the lot or shipment was treated for Caribbean fruit fly, prior to shipment and under supervision of the origin state department of agriculture or the United States Department of Agriculture, in a manner approved by the Secretary of the Department of Food and Agriculture and was not exposed to reinfestation by the fly. Note: Authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3253. Eastern Filbert Blight Exterior Quarantine (Quarantine Order 4). s 3254. Cotton Pests Exterior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers. (a) Pest. Boll weevil, Anthonomus grandis. (b) Area Under Quarantine. All states and districts of the United States except the States of Arizona and North Carolina. (c) Articles and Commodities Covered. The following are hereby declared to be hosts or possible carriers of the pests herein quarantined against: (1) Okra, Hibiscus esculentus, and kenaf, Hibiscus cannabinus, all parts of the plants including seeds and pods. (2) Cotton and wild cotton plants of the genera Gossypium and Thurberia and all parts of such plants. (3) Used bagging, used cotton picker sacks, and other used containers and used wrappers for any products from cotton plants. (4) Used cotton harvesting equipment, ginning and oil mill equipment, and other cotton processing machinery, and other farm equipment which has been used in connection with growing, harvesting, ginning, compressing, or processing raw cotton or raw cotton products. (d) Restrictions. (1) Cotton Plants and Gin Trash Prohibited. Cotton plants and parts thereof, as such or as packing or as contamination or in association with any other product, article or thing, and gin trash, are prohibited entry into California from the area under quarantine, except that harvested seed cotton and products derived from seed cotton may be admitted as hereinafter provided. (2) Certificates or Permits Required. Except as hereinafter exempted, articles and commodities covered may be admitted into this state if accompanied by a certificate of treatment or under permit issued by the director or the United States Department of Agriculture. (3) Approval of Treatment and Processing Methods. Any method of treatment of processing to destroy boll weevil on the basis of which a certificate or permit may be issued shall be approved and prescribed by the director in administrative instructions issued supplemental hereto or prescribed by the United States Department of Agriculture. (4) Exemptions. The following articles and commodities are exempt from the certificate or permit requirements: (A) Compressed baled cotton lint, linters, and lint cleaner waste when such products have been given standard or equivalent compression (22 pounds per cubic foot) and if free from surface contaminants capable of harboring boll weevil. (B) Samples of cotton lint and cotton linters of the usual trade size, if free from cotton seed and cotton trash. (C) Edible okra during the period of January 1 to March 15. (5) Certificates of Treatment. A treatment certificate issued by an authorized Department of Agriculture representative at origin shall accompany each lot or shipment unless exempt. The certificate shall affirm that the shipment or lot accompanied thereby was cleaned, or otherwise treated to destroy boll weevil as prescribed by the director. Each certificate shall also set forth the kind and quantity of articles and commodities treated thereby, date and method of treatment, dosage used, the initials and number of the railway car, or license number of the truck in which shipped, and the names and addresses of the consignee and consignor. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3255. Vetch Weevil Exterior Quarantine. s 3256. Cherry Fruit Fly Exterior Quarantine. A quarantine is established against the following pests, their hosts and possible carriers: (a) Pests. Cherry fruit flies ( Rhagoletis indifferens and Rhagoletis fausta). (b) Area Under Quarantine. Infested Area: Idaho. The entire state. Colorado. The entire state, except for Delta and Mesa Counties. Montana. The entire state. New Mexico. The entire state. Oregon. The entire state. Utah. The entire state. Washington. The entire state. Noninfested Area: Colorado. Delta and Mesa Counties. (c) Articles and Commodities Covered. Cherry fruits of all domesticated and wild cherries are declared to be hosts and possible carriers of the pest quarantined against. (d) Restrictions. (1) Cherry Fruits Admitted From Area Under Quarantine If Treated in Approved Manner at Origin. Cherry fruits grown, packed, or stored in or shipped from the area under quarantine may be admitted into California, provided each lot or shipment is officially certified by an authorized representative of the Department of Agriculture at origin, affirming that the accompanied cherry fruits were treated to destroy cherry fruit flies in a manner approved by the director. (2) Cherry Fruits Admitted From Area Under Quarantine Without Treatment When Under Permit From the Director. The Director may issue to the proper official of the Department of Agriculture of any state in the area under quarantine,as specified in subsection (b) above, a master permit designating conditions under which cherry fruits may be admitted into the state without treatment and setting forth therein requirements for: sampling, inspecting of samples, maintaining identity, transportation, certification and other instructions which must be met at point of origin. To be eligible for such master permit the state of origin shall: (A) Maintain California-approved mandatory pest control districts for control of cherry fruit fly. (B) Carry on a trapping program for adult cherry fruit flies to determine proper timing for application of control materials. (C) Require the application of pesticides at specified intervals as recommended by an official agricultural regulatory agency. (D) Furnish a list of shippers approved by the state of origin including the shippers' addresses and assigned identification numbers to the California Department of Food and Agriculture prior to the beginning of the shipping season. (3) The master permit shall only be valid for shipments of cherry fruit meeting the following requirements: (A) Cherry fruit shipped to California must be grown in orchards located in the approved pest control districts. (B) All cherry fruit shall be sampled and inspected for cherry fruit fly at origin as outlined in the master permit. (C) The identity of each container of sampled cherry fruit shall be maintained by marking each container with the identification number of the approved shipper. (D) Trucks transporting cherry fruit from approved shippers to California shall be sealed by an agricultural representative of the state of origin. These seals will be applied before the truck leaves the premises of the approved shipper. The seals will not be broken except in the presence of a state plant quarantine officer after the truck arrives in California. (E) The cherry fruit, upon arrival, must be found free from cherry fruit fly larvae. (F) Any other requirements as may be necessary and as stated in the master permit. (4) Cherry Fruits Admitted From Noninfested County of the Area Under Quarantine With Certificate of Origin. Cherry fruits grown, packed, and stored within and shipped from a noninfested county in the area under quarantine may be admitted into California, provided each shipment is accompanied by a certificate of origin issued by an authorized agricultural official of the origin state giving the name and address of the shipper, and the number and kind of containers in the shipment. The certificate shall state that the shipment originated in a noninfested area county. Note: Authority cited: Sections 407, 5301, 5302, 5303 and 5304, Food and Agricultural Code. Reference: Sections 5301, 5302, 5303 and 5304, Food and Agricultural Code. s 3257. Sweet Potato Weevil Exterior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. Sweet potato weevil (Cylas formicarius elegantulus) which feeds on all parts of host plants, but primarily roots or tubers. (b) Area Under Quarantine. The entire states of Alabama, Arkansas, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Tennessee and Texas. (c) Articles and Commodities Covered. Sweet potato plants, vines, cuttings, draws, and slips, and sweet potato tubers, or so-called yams (Ipomoea batatas), and morning-glory plants (Ipomoea and Convolvulus spp.). (d) Restrictions. (1) All Articles and Commodities Covered Prohibited from Area Under Quarantine. All articles and commodities covered are prohibited entry into California if grown, packed or stored within or shipped from the area under quarantine except as specified in (2), (3), (4), and (5) below. (2) Seed sweet potato tubers for planting or propagation are admissible only under a permit issued to the receiver by the Secretary (see Title 3, Sections 300 and 3154). (3) Other Sweet Potato Tubers Grown, Packed or Stored Within or Shipped From the Area Under Quarantine Admitted If Treated at Origin. Sweet potato tubers grown, packed, or stored within or shipped from the area under quarantine, will be admitted into California provided they have been certified by an authorized agricultural official of the state of origin as having been treated (at owner's risk) for sweet potato weevil and were free from post-treatment infestation by sweet potato weevil. (4) Articles and Commodities Covered, Except Seed Sweet Potato for Planting or Propagation. From a Noninfested County or Parish in the Area Under Quarantine Admitted Under Certification of Origin. Articles and commodities covered, if grown, packed and stored (if stored) within and shipped from a noninfested county in the area under quarantine, except seed sweet potato for planting or propagation, will be admitted into California provided each lot or shipment is accompanied by a certificate of origin issued by an authorized agricultural official of the origin state giving the name and address of the shipper, number and kind of container in shipment or lots, manner of shipment, and car initials and number if shipped by rail. The certificate shall state that the lot or shipment originated in a noninfested county or parish. (5) Exception. Morning-glories from a noninfested county or parish in the area under quarantine are admissible without a certificate of origin. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3258. Citrus White Fly Exterior Quarantine (Quarantine Proclamation 10). s 3259. Peach Yellows, Little Peach and Red Suture Diseases Exterior Quarantine (Quarantine Proclamation 11). A quarantine is established against the following pests, their hosts, and possible carriers: (a) Pests. The pathogens which cause either peach yellows, little peach, or red suture diseases on peach. The pathogen that causes peach yellows disease is a mycoplasma-like organism. All three diseases are presently considered to be caused by strains of the same pathogen. (b) Area Under Quarantine. The entire states of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, West Virginia, and the District of Columbia. (c) Articles and Commodities Covered. Trees and all parts capable of propagation (budsticks, scions, rootstocks, etc.), except seed (fruit pits), of all species of the genus Prunus are declared hosts and possible carriers, except three cherries: P. avium, mazzard cherry, sweet cherry; P. besseyi, sand cherry, western sand cherry; P. cerasus, sour cherry; and the evergreens: P. caroliniana, American cherry laurel, Carolina cherry laurel; P. ilicifolia, hollyleaf cherry, California cherry; P. laurocerasus, cherry laurel, English laurel; P. lusitanica, Portugal laurel; P. lyonii, atalina cherry. (d) Restrictions. All commodities and/or articles covered are prohibited entry into the state unless specific conditions are met. (1) Symptomless Carriers Prohibited. Plum trees and all parts capable of propagation (including their use as understock for other species), except seed, are prohibited entry into the state, specifically: Prunus americana, American plum; P. cerasifera, myrobalan plum, cherry plum; P. cerasifera 'Atropurpurea,' purple-leaf plum; P. domestica, European plum, prune; P. hortulana, hortula plum; P. munsoniana, wild goose plum; P. salicina, Japanese plum; their hybrids; and wild native species of plum. (2) Nursery Stock. Nursery stock of the restricted Prunus species (other than symptomless carriers, or stock budded onto symptomless carriers, paragraph (1) above) is permitted entry provided all the labeling and certification requirements listed below are met. (A) Each species and variety shall be properly labeled as to scientific name and state of origin. (B) Each lot or shipment shall be accompanied by a certificate issued by the Department of Agriculture of the state of origin verifying that surveys were made at the proper time in relation to the diseases and hosts. The survey findings shall show that: 1. no symptomless plum species or other species on symptomless plum understock existed on the growing grounds during production of the nursery stock; and 2. a one-mile zone, free of symptomless hosts and free from peach yellows, little peach, and red suture diseases, existed around the bud source for two years prior to taking the budwood and around the growing grounds for two years prior to digging the nursery stock. (3) Reshipment Permitted Under Certificate. An agricultural official of a state in the area under quarantine may issue a certificate for reshipment of dormant host trees and propagative parts which have been produced outside of the area under quarantine and have remained dormant while within the area. Certificates shall set forth the name of the state where produced and state that the material remained dormant while in the area under quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3260. Nut Tree Pests Exterior Quarantine (Quarantine Proclamation 12). A quarantine is established against the following pests, their hosts and possible carriers: (a) Pests. (1) Two nut tree casebearers, Acrobasis juglandis (LeBaron) and A. nuxvorella (Neunzig). Both insects are serious pests of pecan; the former also attacks hickory and walnut. (2) The pathogen that causes brooming disease of walnut. Brooming is a virus-like disease that drastically reduces nut production and sometimes causes death of the host tree. (3) Pecan phylloxera, Phylloxera devastatrix (b) Area Under Quarantine. (1) On account of the nut tree casebearers, all states and districts east of and including Montana, Wyoming, Colorado, Oklahoma, and Texas; in New Mexico, the counties of Chaves, Eddy, and Lea. (2) On account of pecan phylloxera, the states of Alabama, Arkansas, Louisiana, Mississippi, Oklahoma and Texas. (3) On account of brooming disease, all states and districts of the United States, except Arizona. (c) Articles and Commodities Covered. Trees and all parts capable of propagation (buds, scions, rootstocks, etc.), except nuts, of all species of the genera Juglans (walnut and butternut) and Carya (hickory and pecan). (d) Restrictions. All commodities and articles covered are prohibited entry into the state from the area under quarantine unless specified conditions (listed below) are met. (1) All species of Juglans (walnut, butternut) trees and parts capable of propagation, except nuts, are: (A) Prohibited entry into California from any state east of the eastern borders of Idaho, Utah, and Arizona. (B) Admissible into California from Idaho, Nevada, Oregon, Utah, and Washington provided each lot is accompanied by a certificate issued by the Department of Agriculture of the state of origin affirming (1) The material was grown in the state of origin, (2) Brooming disease is unknown in the state of origin, and (3) The amount and kind of commodities covered. (2) All species of Carya (hickory, pecan) trees, buds, and scions from the area under quarantine in subsections (b)(1) and (b)(2) are: (A) Admissible if treated at origin provided each lot is accompanied by a certificate issued by an authorized agricultural official affirming that the trees, buds, and/or scions have been treated for the pests quarantined against by a method approved by the director. (B) Admissible provided each lot is accompanied by a certificate issued by an authorized representative of the origin Department of Agriculture: (1) affirming the commodities were grown in the state of origin in a county which is not infested with pecan phylloxera and the nut tree casebearers quarantined against, and (2) setting forth the amount and kind of commodities covered by the certificate. (C) Admissible by permit, issued by the Director of the California Department of Food and Agriculture, requiring treatment at destination. Entry subject to treatment for the pests quarantined against upon arrival at destination may be allowed by permit obtained prior to shipment of the restricted material. The permit may specify the disinfection or treatment, restrict the method of transportation, and limit the size and quantity of the shipment, as well as designate terminal point of delivery where treatment facilities are available. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3261. Ozonium Root Rot Exterior Quarantine (Quarantine Proclamation 13). A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Ozonium root rot ( Phymatotrichum Ozonium omnivorum), a fungus carried on the roots of plants and in moist soil. (b) Area Under Quarantine. Arizona. Entire state. Arkansas. Entire counties of Lafayette, Little River, and Miller. Louisiana.The entire parishes of Bossier and Caddo. Nevada. Entire county of Clark. New Mexico. Entire counties of Chaves, Dona Ana, Eddy, Grant, Hidalgo, Lea, Luna, Sierra. Oklahoma. Entire state. Texas. Entire state. Utah. Entire county of Washington. (c) Articles and Commodities Covered. All soil, nursery stock, or plants with roots, except as provided in subsection (d) (2) below, are declared to be hosts or possible carriers of the pest herein quarantined against. (d) Restrictions. Articles and commodities covered are prohibited entry into California from the area under quarantine except as provided below: (1) Certification Requirement. Articles and commodities covered will be permitted entry into California from the area under quarantine provided they are accompanied by a certificate issued by a duly authorized agricultural official of the state of origin, establishing the fact that all material contained in the lot or shipment was grown in a manner approved by the director to assure freedom from ozonium root rot or originated on premises determined by methods approved by the director to be free from ozonium root rot. (2) Exceptions -Exemptions of Certain Commodities. No restrictions are placed by this regulation upon the entry of the following: (A) House plants grown in the home and not for sale. (B) Smooth root vegetables such as potatoes, sweet potatoes, carrots, onions, turnips, and beets if not for planting and free from moist clods of soil, except that this exemption does not apply to mangels and sugar beets. (C) Sugar beets for processing provided the beets are screened prior to or while loading to remove moist clods of soil. (D) Cactus plants with roots, provided the roots are dry and free of soil. (E) Aquatic plants such as water hyacinth and water lilies; dry resurrection plants; orchid plants growing in osmunda fibre; and air-layered rooted cuttings, if free from soil. (F) Articles and commodities covered when determined by the director not to present a risk of carrying ozonium root rot because of their condition or their manner of growth or production. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3262. Peach Mosaic Disease Exterior Quarantine (Quarantine Proclamation 14). A quarantine exists against the following pests, their hosts and possible carriers: (a) Pest. Peach mosaic and any virus capable of causing symptoms identical with those of peach mosaic disease. (b) Area Under Quarantine: Arizona: Entire state. Colorado: Counties of Delta, Garfield, Mesa, Montezuma and Montrose. New Mexico: Entire state. Oklahoma: Counties of Alfalfa, Bryan, Johnston and Woods. Texas: Counties of Brown, Callahan, Camp, Cherokee, Comanche, Dallas, Eastland, El Paso, Erath, Fisher, Floyd, Freestone, Hale, Harrison, Hudspeth, Jones, Limestone, Palo Pinto, Runnels, San Saba, Smith, Tarrant, Taylor, Upshur and Young. (c) Articles and Commodities Covered. The following trees and parts capable of propagation (buds, scions, rootstock, etc.), except seed (fruit pits) are declared to be hosts and thereby possible carriers of the pest: all species, varieties, and hybrids of almond, apricot, peach, plum, prune, and nectarine; Manchu cherry ( Prunus tormentosa); and western sand cherry ( P. besseyi). (d) Restrictions. All articles and commodities listed in paragraph (c) above are prohibited entry into California from the area under quarantine. (e) Director May Issue Special Permits. The Director may issue special permits allowing entry of articles or commodities otherwise prohibited. The permit shall state any and all mandatory provisions or conditions under which entry will be allowed. Note: Authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3263. European Corn Borer Exterior Quarantine. A quarantine is established against the following pest, its host and possible carriers: (a) Pest. European corn borer, Ostrinia nubilalis. A moth, family Pyralidae, which is damaging to a wide variety of important food and floral crops. (b) Area Under Quarantine. All states, districts, and territories of the United States. (1) Infested Area. (A) Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia. (B) In Florida the counties of Calhoun, Escambia, Gadsden, Hamilton, Holmes, Jackson, Jefferson, Madison, Okaloosa, and Santa Rosa. (C) In Louisiana the parishes of Bossier, Caddo, Concordia, East Carroll, Franklin, Madison, Morehouse, Natchitoches, Ouachita, Red River, Richland, Tensas, and West Carroll. (D) In Texas the counties of Carson, Dallam, Deaf Smith, Gray, Hansford, Hartley, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, and Sherman. (2) All parishes, counties, states, districts, and territories of the United States not named in the infested area shall be known as the noninfested area. (c) Articles and Commodities Covered. (1) Corn, broom corn, sorghum, and sudangrass plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants); (2) Beans in the pod and pepper fruits; (3) Plants of aster, chrysanthemum, geranium, hollyhock, dahlia and gladiolus. (d) Restrictions. (1) Articles and commodities covered are prohibited entry into California from the infested area unless accompanied by a certificate, issued by an authorized representative of the origin State Department of Agriculture, as provided in (A) or (B) below: (A) Certificate of Treatment specifying that all of the commodities and articles in the lot or shipment were treated by a method and in a manner prescribed by the director; or (B) Certificate of Processing and Inspection specifying that all of the commodities and articles in the lot or shipment were processed and inspected in conformity with a method and in a manner prescribed by the director. (C) Articles and commodities covered originating in the parishes of Louisiana and the counties of Florida and Texas which are not infested with European corn borer may enter California if accompanied by a certificate of origin issued by an authorized representative of the origin state Department of Agriculture specifying that no portion of the articles or commodities in the lot or shipment was grown in an area where the European corn borer is known to occur. Origin certification is not required for entry into California of articles and commodities covered which originated in states, districts, and territories in the noninfested area. All certificates must be dated and set forth the kind and quantity of articles or commodities constituting the lot or shipment covered thereby, the initials and number of the railway car or license number of the truck, and the names and addresses of the shipper and consignee. (2) Exemptions. Certification requirements are waived on the following articles and commodities covered: (A) Shelled popcorn, seed for planting, or clean sacked grain for human consumption. (B) Beans in the pod or pepper fruits in lots or shipments of ten pounds or less. (C) Seedling plants or divisions without stems of the previous year's growth of aster, chrysanthemum or hollyhock. (D) Dahlia tubers without stems. (E) Gladiolus corms without stems. (F) Very pungent types of pepper fruit. (G) Articles and commodities covered when they have been processed or manufactured in a manner that eliminates all danger of carrying European corn borer. (e) All lots or shipments in violation of this regulation shall be disposed of with the following exceptions: (1) Inspecting officers may release small lots or shipments of articles and commodities covered which may be adequately inspected, provided no living stage of European corn borer is found; or such small lots may be treated in a manner approved by the director under official supervision and thereafter released. (2) Certified Shipments of Shelled Corn Not in Conformity May be Treated or Processed in California. (A) Shipments of shelled corn entering California under certificate from states in the European corn borer infested area, which are found to be contaminated with plant portions or fragments capable of or actually harboring larvae of European corn borer, may be treated or processed in California to destroy such larvae if the state which issued the certificate has entered into a program to strengthen its origin inspection and certification for European corn borer. If a state wishes to enter this program, a signed agreement from the origin state agricultural regulatory agency must be received and accepted by the director. The agreement shall affirm that the origin state agricultural regulatory agency agrees to: 1. Use specified type of uniform screening and/or treatment certificates. 2. Certify as to all the following conditions: a. Inspection of each car or truck before loading; b. Constant checking of screens and loading procedures (includes replacement of damaged or broken screens as necessary); c. Moving corn through screening and loading process at an established rate which assures only clean corn going into the railroad car or truck; and d. Checking corn after screening and prior to loading to make certain it is free of debris capable of carrying European corn borer larvae. 3. Each lot of shelled corn grown in or shipped from the infested area shall be accompanied by a certificate issued by an authorized representative of the origin state Department of Agriculture stating: a. The grain has passed through a 1/2 inch or smaller size mesh screen, or b. The grain has been treated for European corn borer in a manner approved by the director. 4. Screening, processing, or treating shall be done under state supervision. 5. California agricultural regulatory officials will monitor shelled corn shipped from infested states to determine program conformity. If within a one-year period more than three violations from one location are found, the agricultural regulatory officials of the origin state will be informed and they will terminate issuance of the specified program certificates for shelled corn from that location. The origin state will be required to tighten its certification program before resumption of shelled corn certification shipments from that location. (B) Before any shelled corn is treated or processed in California under (e)(2)(A), permission must be obtained from the director (through the Pest Exclusion Branch). The location where treatment or processing will take place will be specified when permission is given. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3264. Colorado Potato Beetle Exterior Quarantine (Quarantine Proclamation 16). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. Colorado potato beetle ( Leptinotarsa decemlineata). (b) Quarantine Area. All States, Districts and territories of the United States except the States of Alaska, Hawaii and Nevada. (c) Articles and Commodities Covered. Plants of tomato ( Lycopersicon esculentum), pepper ( Capsicum frutescens), eggplant ( Solanum melongena), Irish potato ( Solanum tuberosum); Irish potato tubers; and soil in association with or attached to all such tubers or plants. (d) Restrictions. The articles and commodities covered are prohibited except as provided for below. (1) Origin Certificates from Noninfested Localities. Articles and commodities covered will be permitted entry into the State of California from said quarantine area if each shipment or lot is officially certified by an authorized Department of Agriculture representative at origin, establishing the fact that all articles and commodities covered contained in the lot or shipment were grown in and shipped from a locality free from Colorado potato beetle. (2) Exemptions. The following articles and commodities are exempt from the certification requirements of this quarantine: (A) Potato tubers free from soil and plant parts. ( "Free from" means the amount of soil and plant parts shall not be sufficient to harbor any stage of the Colorado potato beetle.) (B) From the period of January 1 to March 31, seedling plants with or without soil and not over 8" high, of tomato, pepper, eggplant and Irish potato. (3) Small Lots. A State Plant Quarantine officer may release small lots or shipments of Irish potatoes of 100 (one hundred) pounds, or less, which are contaminated with soil or other commodities provided the contamination is removed and destroyed under his or her supervision. (4) Director May Issue Special Permits. The Director may issue special permits allowing entry of articles or commodities otherwise prohibited. The permit shall state any and all provisions or conditions under which entry will be allowed. Note: Authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3265. Persimmon Root Borer Exterior Quarantine (Quarantine Proclamation 19). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. The persimmon root borer, Sannina uroceriformis, an insect which causes serious damage to the Oriental persimmon on Oriental rootstock. (b) Area Under Quarantine. All states, districts and territories of the United States. (c) Articles and Commodities Covered. All species and varieties of persimmon ( Diospyros spp. ) trees, parts capable of propagation (including rootstocks) and green (unseasoned) wood are declared to be hosts or possible carriers of the pest except fruits, seeds, buds, and/or scions. (d) Restrictions. All articles and commodities listed in (c) are prohibited entry into California from the area under quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Section 5301 and 5302, Food and Agricultural Code. s 3266. Plum Curculio and Blueberry Maggot Exterior Quarantine. A quarantine is established against the following pests, their hosts, and possible carriers: (a) Pests. Plum curculio ( Conotrachelus nenuphar) and blueberry maggot ( Rhagoletis mendax). Plum curculio is a coleopterous insect belonging to the family Curculionidae. The blueberry maggot is a dipterous insect belonging to the family Tephritidae. These insect pests in their larval stages live within the fruit of their host plants often causing extensive damage to fruit of certain crops. (b) Area Under Quarantine. (1) In Utah, because of the plum curculio, the counties of Box Elder and Salt Lake. (2) In the eastern United States, because of the plum curculio and blueberry maggot, all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas. (c) Articles and Commodities Covered. (1) Fresh fruit of all plants listed below are declared to be hosts and possible carriers of plum curculio. Common Name Botanical Name Apple.................... Malus spp. Apricot.................. Prunus persica Blueberry, highbush...... Vaccinium corymbosum Blueberry, lowbush....... V. angustifolium Cherry, black............ Prunus serotina Cherry, choke............ P. virginiana Cherry, pin.............. P. pensylvanica Cherry, sand............. P. pumila Cherry, sour............. P. cerasus Chery, sweet............. P. avium Crabapple................ Malus spp. Hawthorne (haw).......... Crataegus spp. Huckleberry, black....... Gaylussacia baccata Huckleberry, dwarf....... G. dumosa Nectarine................ Prunus persica nectarina Peach.................... P. persica Pear..................... Pyrus communis Plum, Allegheny.......... Prunus alleghaniensis Plum, American (wild).... P. americana Plum, beach.............. P. maritima Plum, European........... P. domestica Plum, Japanese........... P. salicina Prune.................... P. spp. Quince................... Cydonia oblonga (2) Fresh fruit of all plants listed below are declared to be hosts and possible carriers of blueberry maggot. Common Name Botanical Name Blueberry, highbush.... Vaccinium corymbosum Blueberry, lowbush..... V. angustifolium Huckleberry, black..... Gaylussacia baccata Huckleberry, dwarf..... G. dumosa (3) Soil or other growing medium within the drip area of plants producing, or which have produced, fruit as listed in (c)(1) or (2) above. (d) Restrictions. (1) Certification Required. Articles and commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the State of California unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the article or commodity is shipped evidencing compliance with paragraphs (3), (4), (6) or (7) below. No certificate is required for commodities meeting the requirements of paragraphs (2) or (5) below. (2) Reshipments in Original Containers from Area Under Quarantine of Commodities Grown Outside Thereof. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the area under quarantine, may be reshipped to this state from any point within the area under quarantine. (3) Repacked Commodities Admissible from Area Under Quarantine if Certified Grown Outside Thereof. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee. (4) Apples Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of ninety (90) days, during which period the temperature within the storage room is maintained at thirty-eight degrees (38 degrees) Fahrenheit (3.3 degrees C.) or less, may be admitted into California provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to California is accompanied by a certificate, as stated in (1) above, evidencing compliance with the minimum requirements of this paragraph. (5) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into this State of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state. (6) Shipments from Cold Storage at 32 degrees F. (0 degrees C.). Commodities covered which are held in cold storage for a continuous period of forty (40) days or more, during which period the temperature within the storage room is maintained at thirty-two degrees Fahrenheit (32 degrees F.) (0 degrees C.) or less, may be admitted into California provided each lot or shipment is accompanied by a certificate, as stated in (1) above, evidencing compliance with the minimum requirements of this paragraph. (7) Soil or Growing Media When Certified. Soil or growing media specified in (c)(3) is admissible when certified as treated at origin in a manner approved by the Secretary. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3267. Elm Tree Diseases Exterior Quarantine (Quarantine Proclamation 21). Note: New authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3268. Peach Wart Disease Exterior Quarantine. Note: Authority cited: Sections 407, 5301, and 5302 of the Food and Agricultural Code. Reference: Sections 5301 and 5302 of the Food and Agricultural Code. s 3269. Oak Wilt Disease Exterior Quarantine (Quarantine Proclamation 23). s 3270. Pickleworm Exterior Quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3271. Burrowing and Reniform Nematode Exterior Quarantine. A quarantine is established against the following pests, their hosts and possible carriers: (a) Pests. Burrowing nematode (Radopholus similis) and reniform nematode (Rotylenchulus reniformis), parasites of the roots of citrus and many other plants. (b) Area Under Quarantine. Infested Area. The states of Alabama, Arkansas, Florida, Georgia, Hawaii, Louisiana, Mississippi, North Carolina, South Carolina, Texas, and the Commonwealth of Puerto Rico. (c) Articles and Commodities Covered. The following articles and commodities are restricted entry into California when arriving from the area under quarantine. (1) All earth (including sand and soil) and potting media. (2) All plants and plant parts with roots (including aerial roots). (3) All parts of plants produced below the ground or soil level. (4) All plant cuttings for propagation. (5) Exemptions. The following articles and commodities are exempt from the quarantine: A. Industrial sand and clay. B. Air plants (including certain orchids and other plants produced epiphytically) if growing exclusively in or on soil-free material such as osmunda fiber, tree fern trunk, or bark. C. Aquatic plants (those species normally growing in, on or under permanent water, either rooted in soil or free-floating) if free from soil. D. Plants secured by air-layering if roots are established and enclosed in the original soil-free moss wrappings. E. Cuttings of ti (Cordyline spp.) if free from roots and soil. F. Dormant bulbs and corms for propagation, if free from roots and soil, but not including taro corms for propagative purposes. G. All fleshy roots, corms, tubers, and rhizomes for edible or medicinal purposes if washed or otherwise freed of soil. (d) Restrictions. (1) Certification Requirements for Commodities From Area Under Quarantine. All commodities covered moving from the "Area Under Quarantine" listed in (b) above, whether moved direct from said area or by diversion or reconsignment from any other point (without regard to period of time held or grown at any intermediate point), are prohibited entry unless each shipment or lot is accompanied by a certificate issued by the authorized agricultural official of the state, district, or commonwealth where produced establishing that all material contained in the lot or shipment meets either A, B, or C below: (A) It has been determined through surveys, conducted at annual intervals (or during the one-year period prior to shipment), that burrowing and reniform nematodes do not exist on the property or premise or facility used to grow the nursery stock, and that the seed or plant parts used for production of the plants were determined by the certifying officer to be free from burrowing and reniform nematodes (the survey methods shall have been approved by the California Department of Food and Agriculture); or (B) The plants or plant parts being shipped to California were protected from burrowing and reniform nematode infestation by all the following sanitation methods: 1. Propagated from clean seed or from cuttings taken at least 12 inches above ground level. 2. Planted in sterilized soil or other suitable material prepared or treated to assure freedom from burrowing and reniform nematode. 3. Retained in sterilized pots, containers, or beds. 4. Placed on sterilized benches or sterilized supports at least 18 inches from the ground or floor level. 5. Area beneath benches or supports holding plants treated at six-month intervals with a registered nematocide or other material having nematocidal value and approved by the origin state agricultural officials, except when smooth clean flooring of concrete is present. 6. Plants and growing media sampled using methods approved by the California Department of Food and Agriculture and found free of burrowing and reniform nematode. 7. Protected from contamination by burrowing and reniform nematode until shipped, or (C) The shipment consists of only unrooted plant cuttings provided that the cuttings were taken from that portion of the plant which is growing at least 12 inches above ground level and were protected from contamination until shipped. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3272. Cornstalk Borers and Sugarcane Borer Exterior Quarantine. A quarantine is established against the following pests, their hosts and possible carriers: (a) Pests. Southern cornstalk borer (Diatraea crambidoides); southwestern corn borer (Diatraea grandiosella); and sugarcane borer (Diatraea saccharalis), moths, in the family Pyralidae, which cause extensive damage to corn and sugarcane by boring in the stalks and tap roots. (b) Area Under Quarantine. The entire States of Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. (c) Articles and Commodities Covered. The following articles and commodities are hereby declared to be hosts and possible carriers of the pests herein quarantined against. (1) Corn or Maize (Zea mays). Stalks or corncobs including corn on the cob (fresh or dry). (2) Sugarcane (Saccharum officinarum). Stalks, cuttings, rooted plants or parts thereof, except clean seed. (d) Restrictions. (1) Certification Required. Except as provided in paragraphs (2) and (3) below, articles and commodities covered are prohibited entry into the State of California from the area under quarantine unless each shipment or lot is accompanied by a certificate issued by an authorized agricultural official of the state of origin, evidencing field treatments and inspections of the growing crop or post harvest treatment for the pests quarantined against as prescribed by the department. The certificate shall specify: treatment; the kind and quantity of the commodity constituting the lot or shipment; the initials and number of the railway car or license number of the truck or trailer; the name and address of the shipper and consignee; and the date issued. (2) Manufactured or Processed Products Exempt from Restrictions. No restrictions are placed by this regulation upon the entry into this state of products consisting wholly or in part of articles or commodities covered which are processed or manufactured in such a manner as to eliminate all danger of carrying the pests herein quarantined against. (3) Treatment Certificates for European Corn Borer Accepted. Articles or commodities moving under a certificate issued by an authorized agricultural official evidencing compliance with the certification and/or exemption requirements of Section 3263 of Title 3 of the California Code of Regulations pertaining to the European Corn Borer Exterior Quarantine, are exempted from the certification requirements of this section. (4) Exemptions. Department inspectors may release small lots or shipments of articles or commodities covered which have been adequately inspected for the pests quarantined against. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3273. Walnut and Pecan Pests Exterior Quarantine (Quarantine Proclamation 27). A quarantine is established against the following pests, their hosts, and possible carriers: (a) Pests. Walnut husk flies ( Rhagoletis suavis), ( Rhagoletis juglandis), and ( Rhagoletis boycei); nut tree casebearers ( Acrobasis spp.); butternut curculio ( Conotrachelus juglandis); black walnut curculio ( Conotrachelus retentus); pecan weevil ( Curculio caryae); and hickory shuckworm ( Laspeyresia caryana). (b) Area Under Quarantine. (1) On account of the walnut husk flies, nut tree casebearers, and curculios, all states and districts of the United States, except the State of Arizona. (2) On account of the pecan weevil and hickory shuckworm, the states of Alabama, Arkansas, Florida, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas and Virginia. (c) Articles and Commodities Covered. The following articles and commodities are hereby declared to be hosts and possible carriers of the pests quarantined against: (1) Unhusked nuts of walnuts and butternuts ( Juglans spp.), and any such husks or hulls or fragments thereof moved as such, or adhering to, or moved in connection with any article or thing. (2) Husks or hulls, and fragments thereof, and nuts in the shell of pecan and hickory ( Carya spp.). (3) Boxes, sacks, and other containers, equipment, appliances, machinery and vehicles used in connection with harvesting, hulling, dehy drating, shelling, transporting, or storing of any unhusked nuts of walnut, butternut or hulls of walnut, butternut, pecan and hickory. (d) Restrictions. (1) Certificate of Treatment Required. Restricted articles originating in or shipped from the area under quarantine shall be refused admittance into the State of California unless each lot or shipment is accompanied by a certificate issued by an authorized representative of the Department of Agriculture in the state of origin of the article or commodity evidencing treatment for the pests quarantined against approved by the director and under official supervision of an authorized representative of the Department of Agriculture in the state of origin prior to arrival in this state. The certificate must show kind and amount of articles covered, except that in the case of small noncommercial quantities of unhusked nuts of walnut and butternut transported via mail, express or as personal belongings, the director may permit the removal and destruction of husks or hulls, or permit treatment of the lot, under his supervision, at the risk and expense of the owner or receiver, after which the lot may be released. (2) No restrictions are placed by this regulation on the movement of nuts in the shell of walnut and butternut from which all husks or hulls have been completely removed, or on the movement of extracted nut meats of walnut, butternut, pecan, and hickory. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3274. Cedar-Apple Rust Disease Exterior Quarantine (Quarantine Proclamation 28). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. Gymnosporangium juniperi-virginianae (cedar-apple rust). This fungus pathogen causes galls to form on susceptible species of junipers and produces rust pustules on leaves, fruits and twigs of susceptible species of apples and crab apples. (b) Area Under Quarantine. The State of Alaska and all states and districts east of and including the States of Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas. (c) Articles and Commodities Covered. Viable cedar-apple galls. Living plants, trees, cuttings, branches and leaves of all species, hybrids and botanical and horticultural varieties of juniper ( Juniperus spp.) and apple and crab apple ( Malus spp.); except nonsusceptible junipers when properly labeled as to scientific name and apple and crab apple cuttings, scions, and trees when completely dormant and trees are bare-rooted. (1) Susceptible Species of Juniper. The following Juniperus species and all their varieties are hosts and possible carriers: Juniperus chinensis -Chinese Juniper J. communis -common juniper, English juniper J. horizontalis -creeping juniper J. osteosperma -Utah juniper, desert juniper J. pinchotii -redberry juniper J. scopulorum -Rocky Mountain juniper, Western red cedar J. silicicola -Southern red cedar J. virginiana -Eastern red cedar (d) Restrictions. Articles and commodities covered are prohibited entry into California from the area under quarantine unless they qualify under one of the conditions listed below: (1) Susceptible Junipers Certification Requirements. Susceptible species and varieties must be accompanied by an official certificate of the Department of Agriculture of the state of origin which certifies that the article or commodity has been grown and handled in compliance with the following conditions: (A) Juniper plants produced from seed may be certified provided that they have been grown and packed for shipment at a location at least two miles distant from any susceptible apple or crab apple tree. (B-1) Juniper plants produced from cuttings or layers may be certified provided that they have been grown at least two years immediately previous to shipment and packed for shipment at a location at least two miles from any susceptible apple or crab apple trees. OR (B-2) Juniper plants produced from cuttings or layers which have been grown less than two years at a location described in (B-1) above, may be certified only if during the growing period there have been no apple or crab apple trees grown within two miles of the location where the junipers were grown and packed for shipment and there have been no apple or crab apple trees grown within two miles of the locations of all source plants for a period of at least two years immediately previous to taking the cuttings or layers. (C) Unrooted juniper cuttings and rooted layers may be certified if there have been no apple or crab apple trees grown within two miles of the location of all source plants for a period of two years immediately previous to taking the cuttings or layers and provided that the cuttings or layers are packed for shipment on the source plant location. Note: Authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3275. European Pine Shoot Moth Exterior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. European pine shoot moth (Rhyacionia buoliana). (b) Area Under Quarantine. The states of Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Missouri, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Washington, West Virginia, and Wisconsin. (c) Articles and Commodities Covered. All species and varieties of pine (Pinus spp.) trees (with or without roots) and any branches or twigs of pine bearing terminal buds, needles or shoots are declared to be hosts and possible carriers of the pest quarantined against. (d) Restrictions. (1) Certificate of Origin or Treatment Required. Articles and commodities covered are prohibited entry into California from the area under quarantine unless each lot or shipment is accompanied by a certificate issued by an authorized agricultural official of the origin state affirming that the material meets the requirements of either (A), (B), or (C) below: (A) Origin Certificate From Noninfested Areas. Shipments of articles and commodities covered may be certified provided the origin certificate is issued after the growing site or growing area has been trapped for the European pine shoot moth as prescribed by the department and found free from European pine shoot moth. (B) Origin Certificate From Noninfested Counties or Parishes. Shipments of articles and commodities covered may be certified provided the origin certificate is issued after the county or parish has been trapped for European pine shoot moth as approved by the department and found free from European pine shoot moth. (C) Treatment Certificate. Shipments of articles and commodities covered may be certified provided they have been treated for European pine shoot moth under supervision of an authorized agricultural official of the state of origin prior to shipment in a manner and by a method which has been prescribed by the department. (2) Exemptions. The following articles and commodities are exempt from the certification requirements of this regulation: (A) Pine boughs in wreaths. (B) Noncommercial shipments not exceeding three in number of: 1. Bonsai pine trees. 2. Rooted pine trees three feet or less in height. 3. Cut pine Christmas trees for normal indoor use. 4. Cut pine branches, not to exceed the equivalent of 3 pine trees of the size for normal indoor use. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3276. Peach Rosette Disease Exterior Quarantine (Quarantine Proclamation 30). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. The pathogen which causes peach rossette disease. The pathogen is a mycoplasma-like organism. (b) Area Under Quarantine. The entire states of Alabama, Arkansas, Georgia, Mississippi, Oklahoma, South Carolina, Tennessee and West Virginia. (c) Articles and Commodities Covered. Trees and all parts capable of propagation (budsticks, scions, rootstocks, etc.), except seed (fruit pits) of all species of the genus Prunus are declared hosts and possible carriers, except the evergreen species: P. caroliniana, American cherry laurel, Carolina cherry laurel; P. ilicifolia, holly-leaf cherry, California cherry; P. laurocerasus, cherry laurel, English laurel; P. lusitanica, Portugal laurel; P. lyonii, Catalina cherry. (d) Restrictions. All articles and commodities covered are prohibited entry into California from the area under quarantine except as provided in (2) below. (1) Symptomless Carriers Prohibited. Trees and all parts capable of propagation, except seed, of the 'Wilson' cultivar of apricot ( P. armeniaca) and Marianna plums ( P. cerasifera x P. munsoniana), and any tree budded or grafted on Marianna plum understock, are declared symptomless carriers and prohibited entry. (2) Nursery Stock. Nursery stock of the restricted Prunus species (other than symptomless carriers, or stock budded onto symptomless carriers, as stated in paragraph (1) above) is permitted entry provided: (A) Each species and variety is properly labeled as to scientific name and state of origin; and (B) Each lot or shipment is accompanied by an origin certificate issued by an authorized official of the origin state Department of Agriculture verifying that the stock met all requirements for certification as prescribed by the director. Certificates may be issued under the following conditions: (1) Origin certificates may be issued after competent and adequate surveys have been made by the origin State Department of Food and Agriculture or the United States Department of Agriculture at the proper time in relation to the disease and hosts. No peach rosette disease shall have been found during the last two growing seasons previous to digging the trees or taking the buds either on or within one mile of the growing grounds or bud source properties. (2) No certificates shall be issued for movement of host trees to this State if during the period of their production there has existed on the growing grounds any Wilson apricot or Marianna plum tree or any other tree growing on Marianna plum understock, nor if during the last two growing seasons previous to digging the trees or taking the buds any Wilson apricot or Marianna plum tree has existed within one mile of the growing grounds or bud source properties. (3) Seedling trees or trees budded on admissible rootstocks which are grown from seed and shipped in one growing season, may be certified provided any budwood used in the production of such trees meets all conditions in (1) and (2) of this paragraph and no peach rosette disease has occurred during the growing season either on or within one mile of the growing ground property. (4) Certificates may be issued for reshipments of dormant host trees and propagative parts which have been produced outside of the area under quarantine and have remained dormant while within the area. Certificates shall set forth the name of the state where produced and shall state that the trees and propagative parts remained dormant while within the area under quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3277. Cereal Leaf Beetle Exterior Quarantine (Quarantine Proclamation 31). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. Cereal leaf beetle ( Oulema melanopus). A beetle, family Chrysomelidae, which is a destructive leaf feeder. Wheat, barley, and oats are the principal crops attacked by both larva and adult. (b) Area Under Quarantine. All states and districts of the United States east of and including Minnesota, Iowa, Missouri, Arkansas, and Louisiana. (1) Infested Area. The states of Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, Missouri, New Jersey, New York, Ohio, Pennsylvania, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia shall be known as the Infested Area. (2) Area Not Known to be Infested. All states in the Area Under Quarantine [see (b) above] and not named in the Infested Area [see (b)(1) above] shall be known as the Area Not Known to be Infested. (c) Commodities and Items Covered. Small grains such as barley, oats, and wheat; ear corn; straw and hay, including marsh hay (pelletized hay is not covered); grass sod; grass and forage seed; fodder and plant litter; used harvesting equipment or machinery; and cut or balled Christmas trees of Scotch pines ( Pinus sylvestris), red pine ( Pinus resinosa), and Austrian pine ( Pinus nigra), including all subspecies thereof. (d) Restrictions. (1) Exemption of Commodities Covered. The following commodities are exempt from all restrictions of this quarantine under conditions as prescribed below. (A) Grain sorghum, shelled corn, and soybeans. (B) Small grain seed, grass seed, and forage seed when cleaned and shipped in bags or small packages. (C) All straw and hay that has been used as bedding for animals during shipment. (D) Small grains shipped during the period of February 1 to April 30 inclusive, each year. (2) Commodities and Items Covered Admitted From Quarantined Area if Treated at Origin. (A) Commodities and items covered are admissible into California from the area under quarantine provided each lot or shipment is officially certified by an authorized representative of the origin state department of agriculture or the United States Department of Agriculture affirming that the lot or shipment was treated prior to shipment under official supervision in a manner approved by the Director of the Department of Food and Agriculture and was not exposed to re-infestation. (3) Commodities and Items Covered Admitted Under Certification as to Origin. (A) Commodities covered which are grown in and shipped from the Area Not Known To Be Infested are enterable into California provided each lot or shipment is officially certified by an authorized representative of the state department of agriculture where shipment was made, or the United States Department of Agriculture, giving the date and state or states where the commodities were produced. A rubber stamp which bears a facsimile signature of the proper state official may be issued to shippers which are under state supervision. Imprints of such a stamp placed on the waybills accompanying shipments will be acceptable as an authorized certificate. (B) Used harvesting equipment or machinery from the Area Not Known To Be Infested may be admitted under certification from an agricultural official of the origin state. To be eligible for such certification, the used harvesting equipment or machinery shall not have been used in any infested state for a period of one year prior to shipment. (C) Used harvesting equipment or machinery from the area under quarantine may be admitted under certification from an agricultural official of the origin state. To be eligible for such certification the used harvesting equipment or machinery shall not have been used from April through August of the current year. (4) Small Grains, Grass Seed, and Forage Seed from Area Not Known to be Infested with Cereal Leaf Beetle Admitted Under Certificate of Inspection. (A) Small grains such as barley, oats, and wheat; and grass and forage seed, produced in an area not known to be infested as specified in subsection (b)(2) may be admitted under certification from an agricultural official of the state of origin. The certificate shall affirm that the lot or shipment has been inspected and found free of cereal leaf beetle (both live and dead). The inspection for such certification shall consist of representative samples from individual truck or rail car lots to be shipped and at least ten (10) representative samples from the top and intermediate areas (inspection holes) of silos. (5) Commodities and Items Covered Allowed Movement Under Permit From the Director. (A) The Director may issue permits admitting commodities and items covered, subject to limitations, conditions, and provisions which the Director may prescribe therein. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3278. Whitefringed Beetle Exterior Quarantine (Quarantine Proclamation 33). Note: Authority cited: Sections 407, 5301, 5302, Food and Agricultural Code. Reference: Sections 5301, 5302, Food and Agricultural Code. s 3279. West Indian Sugarcane Root Borer Exterior Quarantine (Quarantine Proclamation 34). A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. West Indian sugarcane root borer, Diaprepes abbreviata, a pest native to the West Indies, which causes serious damage to sugarcane and also attacks ornamental nursery stock, citrus, corn, sweet potatoes, cotton, and peppers. (b) Area Under Quarantine. State of Florida: Counties of Broward, Collier, Dade, Glades, Hendry, Highlands, Hillsborough, Indian River, Lake, Lee, Manatee, Orange, Palm Beach, Polk, St. Lucie, Seminole, and Volusia. (c) Articles and Commodities Covered. (1) Soil, sand or gravel separately or with other things. (2) All plants and plant parts and plant products capable of propagation. (d) Restrictions. Articles and commodities covered are admissible into California from the area under quarantine if they have been certified by an authorized agricultural inspector of the state of origin to have been treated for West Indian sugarcane root borer in an approved manner or to have originated in an area free from the sugarcane root borer. (1) Exemptions. The following articles are exempt from the certification requirements of this quarantine: (A) Seed. (B) Fruits and vegetables grown above ground. (C) Fleshy roots, corms, tubers, and rhizomes if washed or otherwise freed of soil. (D) Defoliated bare root nursery stock. (E) Privately-owned indoor decorative houseplants. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3280. Japanese Beetle Exterior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Japanese beetle, Popillia japonica, a beetle, family Scarabaeidae, which in the larval stage attacks the roots of many plants and as an adult attacks the leaves and fruits of many plants. (b) Area Under Quarantine. (1) The entire states of Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, and the District of Columbia. (2) In the State of Alabama, the Counties of Blount, Calhoun, Chambers, Cherokee, Clay, Cleburne, Coosa, Dekalb, Etowah, Franklin, Jackson, Jefferson, Lee, Limestone, Macon, Madison, Marion, Marshall, Morgan, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa and Winston. (3) In the State of Kansas, the Counties of Johnson, Sedgwick, Shawnee and Wyandotte. (4) In the State of Minnesota, the Counties of Carver, Dakota, Hennepin and Scott. (5) In the State of Missouri: (A) Counties of St. Louis, Franklin, Jefferson and Stone. (B) City of St. Louis. (6) In the State of Wisconsin, the Counties of Dane, Door, Fond du lac, Jefferson, Kenosha, Milwaukee, Ozaukee, Racine, Rock, Sheboygan, Waukesha, and Wood. (7) In Canada: (A) In the Province of Ontario: The Counties of Niagara, Haldimand-Norfolk and Hamilton-Wentworth. (B) In the Province of Quebec: The Regional Municipalities of Canada of Brome-Missiquoi, Le Haut-Richelieu, Champlain, Rousillon, and Le Bas-Richelieu. (c) Articles and Commodities Covered. The following are hereby declared to be hosts and possible carriers of the pest quarantined against: (1) Soil except when commercially packaged. For the purposes of this section, soil shall mean all growing media; (2) Humus, compost, and manure (except when commercially packaged); (3) All plants with roots (except bareroot plants free from soil). "Free from soil" as used in this regulation shall mean free from soil in amounts that could contain concealed Japanese beetle larvae or pupae; (4) Grass sod; (5) Plant crowns or roots for propagation (except when free from soil); (6) Bulbs, corms, tubers, and rhizomes of ornamental plants (except when free from soil); (7) Any other plant, plant part, article, or means of conveyance when it is determined by a California State Plant Quarantine Officer to present a hazard of spreading live Japanese beetle due to infestation or exposure to infestation by Japanese beetle. (d) Restrictions. All articles and commodities covered are prohibited entry into California from the area under quarantine with the following exceptions: (1) Certificate of Treatment. All of the articles and commodities covered are approved for entry into California when accompanied by a certificate issued by an authorized state agricultural official stating that the article or shipment was treated for Japanese beetle prior to shipment or by a certificate issued by an authorized state agricultural official at origin stating that the article or commodity shipped was grown in accordance with methods and procedures approved and prescribed by the Secretary. (2) Certificate of Origin. Commercial plant shipments with soil may be shipped from the area under quarantine into California provided such shipments are accompanied by a certificate issued by an authorized state agricultural official at origin. Such certificates shall be issued only if the shipment conforms fully with either (A), (B) or (C) below: (A) The greenhouse in which the plants were produced was tightly constructed so that adult Japanese beetles would not gain entry, the plants and greenhouses were inspected and found to be free from all stages of Japanese beetle, and the plants and soil were protected from subsequent infestation while being stored, packed and shipped; or (B) The plants were not produced in the regulated area, were transported into the regulated area in a closed conveyance or closed containers and at all times thereafter were protected from becoming infested with Japanese beetle; or (C) States or portions of states listed in the area under quarantine may have counties that are not infested with Japanese beetle. Shipments of articles and commodities covered will be accepted from these noninfested counties if annual surveys are made in such counties and the results of such surveys are negative for Japanese beetle. A list of counties so approved will be maintained by the Secretary. The agricultural officials of other states may recommend a noninfested county be placed on the approved county list by writing for such approval and stating how the surveys were made giving the following information: I. Area surveyed. II. How survey was carried out. III. Personnel involved. IV. If county was previously infested, give date of last infestation. The recommendation for approval of such counties will be evaluated by Pest Exclusion, Division of Plant Industry, California Department of Food and Agriculture. If heavy infestations occur in neighboring counties, approval may be denied. To be maintained on the approved list, each county must be reapproved every twelve (12) months. Shipments of articles and commodities covered from noninfested counties will only be allowed entry into California if the noninfested county has been placed on the approved list prior to the arrival of the shipment in California. (3) Privately owned houseplants grown indoors may be inspected and passed by California State Plant Quarantine Officers if found free from Japanese beetle. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3281. Hydrilla Exterior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Hydrilla, Hydrilla verticillata, an aquatic weed that can, by its thick growth, restrict water flow and make recreational lakes and ponds unusable. (b) Area Under Quarantine. All States, Districts and Territories of the United States. (c) Articles and Commodities Covered. (1) Hydrilla plants or parts of plants capable of growing, including parts of stems, tubers, and turions. (2) Any products, articles, implements, conveyances (including boats), or any appliances capable of transporting viable plant parts of hydrilla. (3) Aquatic plants including those used as vegetation in shipments of live fish. (d) Restrictions. (1) Articles and commodities covered in (c)(1) are prohibited entry into California from the area under quarantine. (2) Articles and commodities covered in (c)(2) from the area under quarantine are subject to inspection upon entry into California and, if found contaminated with hydrilla, shall be cleaned to eliminate hydrilla, treated for hydrilla by a method approved by the director, or returned out-of-state to the shipper. (3) Articles and commodities covered in (c)(3) are prohibited entry into California from the area under quarantine unless accompanied by a certificate, issued by a plant regulatory official of the state of origin, verifying the shipment is free of hydrilla. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302. s 3282. Lethal Yellowing and Lethal Decline of Palm Exterior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. The pest is a pathogen, a non-cultivable mollicute (formerly called a mycoplasma-like organism), which causes lethal yellowing of palm in Florida and Texas. (b) Areas Under Quarantine. (1) Florida. The counties of Broward, Collier, Dade, Hendry, Lee, Martin, Monroe, and Palm Beach. (2) Texas. The counties of Cameron, Hidalgo, and Willacy. (c) Articles and Commodities Covered. Susceptible palm trees, screw pine, and hosts of Myndus crudus (the vector of lethal yellowing of palm), and all parts capable of propagation, except seed, are the articles and commodities covered. The following species of palm and screw pine are considered susceptible and the following grasses and sedges may host Myndus crudus: (1) Aiphanes lindeniana (2) Allagoptera arenaria (3) Andropogon virginicus, broomsedge (4) Arenga engleri (5) Arikuryroba schizophylla, Arikury palm (6) Borassus flabellifer, Palmyra palm (7) Caryota mitis, Cluster fishtail palm (8) Chrysalidocarpus cabadae, Cabada palm (9) Cocos nucifera, Coconut palm (10) Corypha elata, Buri palm (11) Cynodon dactylon, bermudagrass (12) Cyperus spp., sedges (13) Dictyosperma album, Princess palm (14) Eremochloa ophiuroides, centipedegrass (15) Gaussia attenuata, Puerto Rican gaussia (16) Howea belmoreana, Belmore sentry palm (17) Hyophorbe verschaffeltii [Mascarena v.], Spindle palm (18) Latania spp., Latan palm (19) Livistona chinensis, Chinese fan palm (20) Livistona rotundifolia (21) Nannorrhops ritchiana, Mazari palm (22) Panicum purpurascens, paragrass (23) Panicum bartowense (24) Pandanus utilis, screw pine (25) Paspalum notatum, bahiagrass (26) Neodypsis decaryi, Triangle palm (27) Phoenix canariensis, Canary Island date palm (28) Phoenix dactylifera, Date palm (29) Phoenix reclinata, Senegal date palm (30) Phoenix sylvestris, Wild date palm (31) Pritchardia spp. (32) Ravenea hildebrandtii (33) Setaria spp., foxtail (34) Stenotaphrum secundatum, St. Augustine grass (35) Syagrus schizophylla (36) Trachycarpus fortunei, Japanese fan palm (37) Veitchia spp. (d) Restrictions. (1) Prohibited. All articles and commodities covered, listed in (c) above, are prohibited entry into California when grown in or shipped from the areas under quarantine. Grasses and sedges covered may be admissible if each shipment is accompanied by an official certificate evidencing treatment for Myndus crudus, as indicated in (d)(2), below. (2) Certificate of Treatment. Grasses and sedges covered may be shipped to California from the area under quarantine subject to prior approval by the Secretary of the method of treatment to be used. Each shipment must be accompanied by an official certificate issued by and bearing an original or facsimile signature of an authorized agricultural official of the state of origin indicating the method of treatment, quantity of commodity covered, identification or license number of carrier, and the names and addresses of the shipper and consignee. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3283. Soybean Cyst Nematode Exterior Quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3284. Asparagus Aphid Exterior Quarantine (Quarantine Proclamation 39). Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3285. Gypsy Moth Exterior Quarantine (Quarantine Proclamation 40). Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3286. Tomato Yellow Leaf Curl Virus Exterior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Tomato yellow leaf curl virus, a virus which causes tomato yellow leaf curl, a serious disease of tomatoes. (b) Area Under Quarantine. The entire state of Florida. (c) Articles and Commodities Covered. All plants and plant parts of tomato (Lycopersicon esculentum), except fruit and seed. (d) Restrictions. Articles and commodities covered are prohibited entry into California from the area under quarantine. Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code. s 3400. Peach Mosaic Disease Interior Quarantine (Quarantine Regulation 1). A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Peach mosaic virus disease. (b) Area Under Quarantine. (1) Los Angeles County. All that portion of Los Angeles County bounded on the north by the township line separating Townships 2 and 3 North, and bounded on the west by a line drawn in a generally southerly direction, starting at the point of intersection of said township line separating Townships 2 and 3 North with the range line separating Ranges 9 and 10 West; then south along said range line to its intersection with the San Gabriel River; then southwesterly along the center of the San Gabriel River channel (or wash) to its intersection with Valley Blvd.; then southeasterly along Valley Blvd. to its intersection with Sunset Ave.; then northeasterly along Sunset Ave. to its intersection with Merced Ave.; then southeasterly along Merced Ave. to its intersection with Glendora Ave.; then southerly along Glendora Ave. to its intersection with Merced Ave.; then east along Merced Ave. to its intersection with Azusa Ave.; then southerly along Azusa Ave. and its southerly extension (west boundary of Section 35, Township 1 South, Range 10 West) to its intersection with the township line separating Townships 1 and 2 South; then east along said township line to its intersection with the range line separating Ranges 9 and 10 West; then south along said range line to its intersection with the Los Angeles-Orange County boundary line. (2) Riverside County. All that portion of Riverside County lying west of the range line separating Ranges 9 and 10 East. (3) San Bernardino County. All that portion of San Bernardino County lying west of the range line between Ranges 2 and 3 East, and south of the township line between Townships 2 and 3 North. (4) San Diego County. Entire County. (All township and range lines are S.B.B.M.) (c) Articles and Commodities Covered. All species including the flowering forms of almond, apricot, nectarine, peach, plum, and prune trees or parts thereof capable of propagation, except fruit pits, are declared to be hosts or possible carriers of said pest. (d) Restrictions. (1) Definition of Terms -as used in this regulation: (A) "Trees" means any kind of tree named in subsection (c). (B) "Growing ground" means any property within the area under quarantine on which trees are produced from seeds or grafts for movement or distribution therefrom as nursery stock. (C) "Sales yard" or "distribution point" means any property within the area under quarantine onto which finished trees have been moved under permit as provided in (4) below and from which such trees are to be moved as nursery stock. (2) Conditions Governing Movement of Articles and Commodities Covered. (A) Unless authorized movement under permit as hereinafter provided, articles and commodities covered, including budwood and cuttings, and trees for planting in commercial orchards, shall not be transported or moved by any means from the area under quarantine. (B) No restrictions are placed on movements of trees within the area under quarantine for planting on properties not containing commercial orchards. (3) Property and Environs Inspection. Wherever official inspection of a property and its environs is required as a condition of certifying or permitting movements of restricted products in this section, an inspection shall be made of trees on the property and its environs within four-tenths mile. The inspection shall be made at the proper time in relation to the disease and host, and shall be completed during the growing season previous to moving trees from the property or taking buds from the source tree. The certificate or permit may be issued if there is no peach mosaic disease found and there is no record of said disease having occurred on the property or its environs within one year previous to the date restricted products are moved. (4) Seasonal Dealer Permits for Handling Dormant Trees Secured Outside Area Under Quarantine. The county agricultural commissioner may issue dealer permits valid for one season, authorizing dealers within the area under quarantine to handle dormant trees, secured outside the area under quarantine for distribution to any point in this state, without certificate. In consideration of such permit, the dealer shall sign an agreement with the agricultural commissioner, designating the sales yard or distribution point property from which all such trees shall be distributed, and shall agree to abide by the following conditions: (A) That dealer controls all movements of nursery stock to and from said property. (B) That during the period of such permit, all host nursery stock trees on said property shall be dormant stock secured directly from sources outside the area under quarantine. (C) That immediately on arrival on said property of each shipment of such trees, the dealer will notify the agricultural commissioner, and hold the shipment intact together with the shipping permit, intercounty nursery stock certificate, waybill, and other identifying papers and markings until released by the agricultural commissioner. (D) That immediately when any host stock on the property breaks dormancy, the dealer will notify the agricultural commissioner and either destroy all remaining host stock on the property or thereafter restrict distribution of that stock to points within the area under quarantine. (5) Conditions Governing Movement of Budwood Into Area Under Quarantine From Points Outside Thereof. All budwood or cuttings secured from points outside the area under quarantine shall be reported to the agricultural commissioner of the county in the area under quarantine in which such budwood or cuttings will be propagated. Said commissioner will cause a record to be kept of origin, kind, amount, and date of arrival and of trees into which such budwood or cuttings are placed. (6) Movement in Transit Through Area Under Quarantine. Articles and commodities covered may be moved from points outside the area under quarantine, through the area under quarantine without delay or diversion while within said area, to points outside thereof only in tightly wrapped bales, bundles, or containers, or in a similarly tight conveyance while within the area under quarantine. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3401. Ozonium Root Rot Interior Quarantine (Quarantine Regulation 2). A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Ozonium root rot (Phymatotrichum [Ozonium] omnivorum), a fungus carried on the roots of plants and in moist soil. (b) Area Under Quarantine. Imperial County: The entire county. Riverside County: All that portion of Riverside County described as follows: Palo Verde Area: Beginning at the point of intersection of the north line of Township 5 South, San Bernardino Meridian, and the mid-line of the Colorado River; then running due west along said north line of Township 5 South to the west line of Range 21 East; then south on said west line of Range 21 East to the south line of Township 8 South; then east on the south line of Township 8 South to the mid-line of the Colorado River; then northerly along the mid-line of the Colorado River to the point of beginning. Coachella Valley Area: (1) Beginning 548 feet south of northwest corner of the northwest one-fourth Section 22 in Township 5 South, Range 7 East, San Bernardino Meridian; then south 528 feet; then east 2,625 feet; then north 528 feet; then west 2,625 feet to the point of beginning; and (2) all that portion of Riverside County described as follows: The south 50 feet of the 5-acre tract located in the northwest one-fourth of Section 22 in Township 5 South, Range 7 East, San Bernardino Meridian, described as follows: Beginning 20 feet south and 427.5 feet west of the northeast corner of the northwest one-fourth of Section 22 in Township 5 South, Range 7 East, San Bernardino Meridian; then west 412.5 feet; then south 528 feet; then east 412.5 feet; then north 528 feet to the point of beginning. San Diego County: All that portion of San Diego County described as follows: Jacumba Area: Sections 4, 5, 7, 8, and 9, in Township 18 South, Range 8 East, San Bernardino Meridian. (c) Articles and Commodities Covered. All soil, nursery stock, or plants with roots except as provided in subsection (d) (2) are declared to be hosts or possible carriers of the pest quarantined against. (d) Restrictions. (1) Certification Requirements. Except for those exemptions provided in subsection (d) (2), articles and commodities covered are prohibited movement from the area under quarantine unless accompanied by a certificate issued by the agricultural commissioner. The certificate shall be issued when (a) articles and commodities originate on premises free from ozonium root rot; or (b) articles and commodities originate from outside the area under quarantine and were safeguarded against infection by ozonium root rot while within the area under quarantine; or (c) articles and commodities were protected from infection by ozonium root rot and proper safeguard actions had been completed to the satisfaction of the commissioner. (2) Exceptions. No restrictions are placed by this regulation upon the movement of the following articles and commodities from the area under quarantine to points outside thereof: (A) House plants grown in the home and not for sale. (B) Smooth root vegetables such as potatoes, sweet potatoes, carrots, onions, turnips, and beets if not for planting and free from moist clods of soil, except that this exemption does not apply to mangels and sugar beets. (C) Sugar beets for processing, provided the beets are screened prior to or while loading to remove moist clods of soil. (D) Cactus plants with roots, provided the roots are dry and free of soil. (E) Aquatic plants such as water hyacinth and water lilies; dry resurrection plants; orchid plants growing in osmunda fibre; and air-layered rooted cuttings, if free from soil. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3402. Hawthorn-Juniper Rust Interior Quarantine (Quarantine Regulation 3). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3403. Branched Broomrape Interior Quarantine (Quarantine Regulation 4). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3404. Comstock Mealybug Interior Quarantine (Quarantine Regulation 5). Note: Authority cited: Sections 407, 5301, 5302, and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302, and 5322, Food and Agricultural Code. s 3405. Dutch Elm Disease Interior Quarantine (Quarantine Regulation 6). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code; and Section 4799.10, Public Resources Code. s 3406. Mediterranean Fruit Fly Interior Quarantine (Quarantine Regulation 7). A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Mediterranean fruit fly (Ceratitis capitata) of the family Tephritidae is a notorious pest of most fleshy fruit and many vegetables. The adult has banded wings and is smaller than a house fly. (b) Quarantine Area. The area under quarantine for Mediterranean fruit fly in California is: (1) [Reserved] (c) Commodities Covered. (1) All fruit, nuts, vegetables, or berries of the following agricultural, wild, or ornamental plants: Actinidia chinensis Kiwi Capsicum frutescens; C. annuum Peppers Carica papaya Papaya Casimiroa edulis White sapote Citrus aurantiifolia Lime Citrus aurantium Sour orange Citrus grandis Pummelo, shaddock Citrus limon* Lemon Citrus medica Citron Citrus mitis Calamondin orange Citrus paradisi Grapefruit Citrus reticulata Mandarin orange, tangerine Citrus sinensis Sweet orange Cydonia oblonga Quince Diospyros kaki Japanese persimmon Eriobotrya japonica Loquat Eugenia brasiliensis; E. dombeyi Spanish cherry, Brazilian plum Eugenia jambos (Syzygium jambos) Rose-apple Eugenia malaccensis (Syzygium mallaccense) Mountain apple Eugenia uniflora Surinam cherry Feijoa sellowiana Feijoa, pineapple guava Ficus carica Fig Fortunella japonica Kumquat Juglans spp. (with or in husk) Walnuts and butternuts Lycopersicon esculentum Tomato (pink and red ripe) Malus sylvestris Apple Mangifera indica Mango Murraya exotica Mock orange Olea europaea Olive Opuntia spp. Pricklypear, Tuna pricklypear, Indian-fig, and Opuntia cactus Persea americana Avocado Phoenix dactylifera Date palm Prunus americana Native American plum Prunus amygdalus (P. duleis) Almond Prunus armeniaca Apricot Prunus avium Sweet cherry Prunus cerasus Sour cherry Prunus domestica Plum, prune Prunus persica Peach Prunus persica nectarina Nectarine Prunus salicina Japanese plum Psidium cattleianum Strawberry guava Psidium guajava Common guava Psidium guajava pomiferum Pomiform guajava Psidium guajava pyriferum Pyriferm guajava Punica granatum Pomegranate Pyrus communis Pear Terminalia chebula; Carissa macrocarpa Natal plum Thevetia peruviana Yellow oleander, bestill Vitis vinifera Grape ---------- *Except commercial smooth lemon that have been cleaned and waxed. (2) Soil within the drip area of plants producing, or which have produced fruit, vegetables or berries as listed in (c)(1) above. (d) Restriction on Movement, Possession and Sale of Commodities Covered. (1) Movement of Commodities Covered; Commercial Production and Wholesale Distribution. It is unlawful to move within or from the quarantine area any commodity covered involving a commercial shipment at the production or wholesale level except in accordance with the following provisions: (A) The commodity was produced inside or outside the quarantine area, has been commercially processed and packaged, or after commercial processing is being transported in bulk in a manner approved by the Director specifying conditions precluding infestation; (B) The commodity was produced inside the quarantine area, is in unprocessed form and is moved under permit of the Director specifying conditions precluding infestation; (C) The commodity was produced outside the quarantine area, is in unprocessed form and is being transported: 1. through the area by direct route and without delay in closed vehicles or containers; 2. to a commercial processing plant inside or outside the quarantine area; or 3. under permit of the Director specifying conditions precluding infestation. (2) Movement of Commodities Covered from Commercial Sources; Retail Level. Retail size purchases of commodities covered obtained from commercial retail sources may be moved into, within or from the quarantine area, if the person in possession has a sales slip or other comparable document showing the purchase was made from a commercial retail establishment. Other transportation of such commodities is prohibited. (3) Movement of Commodities Covered; Not from Commercial Sources. (A) Within the quarantine area, no commodity covered, including "backyard" production, shall be moved from the premises where grown without a permit from the Director; (B) Commodities covered not obtained from commercial sources may be transported into the quarantine area only if the person in possession has a signed statement showing the commodity, amount, place of origin, destination and date of transportation. (4) Restrictions on Wholesale and Retail Sales. Within the quarantine area, no wholesale or retail establishment shall handle, sell or offer for sale any commodity covered unless such commodities at all times are maintained in such a way or manner as to preclude pest exposure as determined by the Director. No commodity covered shall be held for sale or sold from a truck, trailer or other mobile vehicle. (5) No person shall transport, possess, handle or sell any commodity covered in violation of the provisions of this section. No person shall knowingly prepare, possess, or use any false document, or knowingly make any false statement to any enforcement officer, in connection with the possession, sale or transportation of any commodity covered. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3407. Citrus Tristeza Virus Interior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers: (a) Pest. All strains of the citrus tristeza virus. (b) Quarantine Area. That portion of the State which is known to be generally infected with citrus tristeza virus and where no significant efforts to control or suppress the disease are conducted. The quarantine area is the counties of Orange and Ventura, and portions of Los Angeles, Riverside, San Bernardino, San Diego and Santa Barbara counties as follows: (1) Los Angeles County. That portion of Los Angeles County lying south of a line drawn as follows: Beginning at the point where the north boundary of Township 4 north intersects the west county boundary line; then east along the north boundary of Township 4 north to its intersection with State Highway 14; then southerly along a straight line drawn to Men-denhall Peak lookout; then southeasterly along a straight line drawn to the point where the north boundary of Township 2 north intersects the Big Tujunga Wash; then east along the north boundary of Township 2 north to the east county boundary line. (All township and range lines are S.B.B.M.)(2) Riverside County. That portion of Riverside County lying west of a line drawn as follows: Beginning at the point on the north Riverside County boundary line where the San Bernardino Meridian intersects said boundary line; then, continuing southerly along said meridian to the south Riverside County boundary line.(3) San Bernardino County. That portion of San Bernardino County lying west of a line drawn as follows: Beginning at the point where the north boundary of Township 2 North, SBM, intersects the west San Bernardino County boundary line; then east along the north boundary of Township 2 North to its point of intersection with the east boundary of Range 6 West; then southeasterly along an imaginary line to the crest of Mount San Bernardino; then southeasterly to the point on the south San Bernardino County boundary line where an imaginary line from the crest of Mount San Bernardino to the crest of Baldy Mountain (in Riverside County) intersects said boundary line.(4) San Diego County. That portion of San Diego County lying west of the east boundary of Range 2 East, SBM.(5) Santa Barbara County. That portion of Santa Barbara County lying south of a line drawn as follows: Beginning at the Point Arguello lighthouse; then easterly along an imaginary line to the summit of El Tranquillon Mountain; then southeasterly along an imaginary line to the point of intersection of Jalama Creek and Escondido Creek; then easterly along an imaginary line to the point of intersection of Gaviota Creek and the summit of the Santa Ynez Range; then easterly along the summit of the Santa Ynez Range to the east Santa Barbara County boundary line. (c) Suppressive Area. The suppressive area is that portion of the State in which the citrus tristeza virus has been detected, in which a pest control district has been established, and where an active control or suppression program is being conducted. The suppressive area is the county of Kern and portions of Fresno, Tulare, and Riverside Counties as follows:(1) Fresno County. That portion of Fresno County known as the Central Valley Pest Control District bounded by a line drawn as follows: Beginning at the intersection of the Kings River and the Fresno-Tulare County line; then, northerly and northeasterly along said river to the Pine Flat Reservoir; then, northeasterly along the southern edge of said reservoir to the South Fork of the Kings River; then, easterly along said river to its intersection with the western boundary of the Kings Canyon National Park; then, southeasterly and southerly along said boundary to its intersection with the Fresno-Tulare County line; then, westerly and southerly along said county line to the point of beginning.(2) Tulare County. That portion of Tulare County known as the Southern Tulare County Citrus Pest Control District bounded by a line drawn as follows: Beginning at the intersection of the Tulare-Kings County line and the northwest corner of Section 7, Township 21 South, Range 23 East; then, east along section lines to the northeast corner of Section 8, Township 21 South, Range 27 East; then, south one-half mile along the section line to its intersection with the south line of the north half of Section 9, Township 21 South, Range 27 East; then, east along said line to the northwest corner of the northeast quarter of the southeast quarter of Section 10 Township 21 South, Range 27 East; then, south along an imaginary line to the northwest corner of the southeast quarter of the southeast quarter of said Section 10; then, east along an imaginary line to the northeast corner of the southeast quarter of the southeast quarter of said Section 10; then, south along an imaginary line to the southwest corner of Section 11, Township 21 South, Range 27 East; then, east along the south line of Sections 11 and 12, Township 21 South, Range 27 East; then, east along the south line of Sections 7 and 8, Township 21 South, Range 28 East to the southeast corner of Section 8, Township 21 South, Range 28 East; then, north two miles along an imaginary line to the 5th Standard Parallel South; then, east along said parallel to the Tulare-Inyo County line; then, southerly along said county line to its intersection with the Tulare-Kern County line; then westerly along the Tulare-Kern County line to its intersection with the Tulare-Kings County line; then, northerly along the Tulare-Kings County line to the point of beginning (all locations are Mt. Diablo Base and Meridian).(3) Riverside County. That portion of Riverside County known as the Coachella Valley and bounded by a line drawn as follows: Beginning at the intersection of the northwest corner of T.2S., R.4E., S.B.B. & M. and the Riverside County Line; then, easterly along said county line to its intersection with the northeast corner of T.2S., R.12E., S.B.B. & M.; then, southerly from said intersection along range line 12E. to its intersection with the Riverside County Line; then, westerly along said county line to its intersection with the southwest corner of T.8S., R.4E., S.B.B. & M.; then, northerly from said intersection along range line 4E. to the point of beginning.(d) Regulated Area. The regulated area is that portion of the State in which the citrus tristeza virus may occur but which is not generally infected and where efforts to control or suppress the disease may be conducted. The regulated area is all areas of California not described as a quarantine or suppressive area.(e) Articles and Commodities Covered. All plants and propagative parts (except seed), including any subspecies, variety, or ornamental form, of the genera Citrus (true citrus), Fortunella (kumquat), Poncirus (trifoliate orange), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit), Atalantia, Citropsis, Clausena, Clymenia, Eremocitrus, Hesperethusa, Merrillia, Microcitrus, Pleiospermium, Severinia, Swinglea, and of any hybrid having at least one ancestor of Citrus, Fortunella, or Poncirus, are declared to be hosts or possible carriers of the pest. (f) Restrictions. (1) Conditions of Movement. Unless accompanied by a moving permit or under a cutting permit as hereinafter provided, articles and commodities covered shall not be transported or moved: (A) From the quarantine area except to another portion of the quarantine area or except when authorized under permit as provided in paragraphs (7) and (8). (B) From the regulated area except to another portion of the regulated area or to the quarantine area or under permit to the suppressive area as provided in paragraph (3). (C) From the suppressive area except to the quarantine area, to another portion of the suppressive area under permit as provided in paragraphs (3) and (5), or under permit to the regulated area as provided in paragraph (3). (2) Propagation of Articles and Commodities Covered in this Section. All buds, cuttings, and scions used in the propagation of trees described in subsection (e) shall be taken from source trees which have been tested to the satisfaction of the department and found free from tristeza. No buds, cuttings, or scions from untested or tristeza infected source trees may be used for propagation of articles and commodities covered in this section. Records shall be maintained of each source tree, the quantity of propagative material taken from each source tree, and the progeny trees in the nursery produced therefrom for five years after production. The records shall be made available for review by the county agricultural commissioner during normal business hours. (3) Moving Permits for Movement into, within, or from the Suppressive Area. The agricultural commissioner at origin may issue moving permits authorizing movement of articles and commodities covered into, within, or from the suppressive area provided that the articles and commodities have been tested for tristeza to the satisfaction of the department and no evidence of tristeza was found, or all buds, cuttings, scions or top-worked trees used in the production of the trees, or being moved as such are from source trees or trees in a nursery increase block which have been so tested. (4) Record of Tested Source Trees and Trees Produced From Nursery Increase Blocks. In order that trees produced from buds, cuttings, or scions taken from tristeza tested source trees or nursery increase blocks may later be moved under a moving permit in accordance with paragraph (3), the agricultural commissioner shall cause a record to be kept of each source tree; the kind and amount of buds, cuttings, or scions taken from each source tree; and the kind, number, and location in the nursery of the progeny trees produced therefrom for five years after production. (5) Cutting Permit Required for Taking or Moving Budwood Within the Suppressive Area. No buds, cuttings, or scions of host trees described in subsection (e) shall be cut or otherwise taken from such trees within the suppressive area or moved within or from any such area for propagation, unless a cutting permit has been secured from the agricultural commissioner prior to cutting or taking or moving same. Cutting permits may be issued within the suppressive area provided the source tree has been tested for tristeza to the satisfaction of the department and no evidence of tristeza was found. Such a cutting permit shall set forth the amount and kind of buds, cuttings, and scions in the shipment accompanied thereby and the name and address of the consignee. (6) The issuance of cutting and moving permits under the terms of this regulation also applies to nursery increase blocks. Nursery increase block means a planting of citrus nursery stock propagated using budwood and/or scionwood from trees which have been tested for tristeza to the satisfaction of the department. Top-worked trees may qualify as nursery increase blocks provided that they are tested to the satisfaction of the department and found free of tristeza. The county agricultural commissioner at origin may approve such nursery or top-worked trees, which do not exceed 18 months from time of budding, to be used as a supplementary source of buds, cuttings or scions. The agricultural commissioner shall cause a record to be kept as provided in paragraph (4). (7) Permits Involving Movement into or through the Regulated Area for Fumigation. The agricultural commissioner may issue permits autho-rizing the movement of articles and commodities covered from the quarantine area into or through the regulated area for fumigation and prompt return to the quarantine area. The articles and commodities shall be treated for tristeza vector elimination immediately prior to such movement in a manner approved by the department and shall be moved in wrapped bales, bundles, or closed containers in a closed conveyance. Such permits shall be valid for only the time specified in the permit and shall not authorize the articles and commodities to remain outside the quarantine area longer than 48 hours.(8) Movement in Transit through the Quarantine Area. Articles and commodities covered originating outside of the quarantine area may be moved through such area without delay or diversion in wrapped bales, bundles, or closed containers, or in a closed conveyance into which no other articles and commodities covered are placed while within the quarantine area. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3408. Gypsy Moth Interior Quarantine (Quarantine Regulation 9). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3409. Pink Bollworm Interior Quarantine (Quarantine Regulation 10). A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Pink bollworm, Pectinophora gossypiella, a moth, family Gelechiidae, which in the laval stage feeds in cotton bolls. (b) Area Under Quarantine. The entire State of California. (1) Infested Areas. (A) Generally Infested Area. Inyo County and all that part of California south of and including Los Angeles and San Bernardino counties. (B) Lightly Infested Area. Fresno County, Kern County, Kings County, Madera County, Merced County, San Benito County, and Tulare County. (c) Articles and Commodities Covered. (1) Okra ( Hibiscus esculentus) and kenaf ( Hibiscus cannabinus), all parts of the plants including seeds and pods. (2) Cotton and wild cotton of the genera Gossypium and Thurberia, including all parts of the plants. (3) Seed cotton. (4) Cotton lint. (5) Cotton linters. (6) Cotton waste, all waste produced from the processing of cotton at gins, cottonseed oil mills or textile mills in any form or under any trade designation. (See also Gin Trash.) (7) Gin trash, all the material produced during the cleaning and ginning of seed cotton, bollies, or snapped cotton, except the cotton lint, cottonseed and cotton waste. (8) Cottonseed. (9) Cottonseed hulls. (10) Used bagging, used cotton-picker sacks, and other used containers and wrappers for any products from cotton plants. (11) Used cotton harvesting equipment, ginning and oil mill equipment, and other cotton processing machinery, and other farm equipment which has been used in connection with growing, harvesting, ginning, compressing, or processing raw cotton or raw cotton products. (12) Any other products or articles, of any character whatsoever, determined by an inspector to be infested with live pink bollworm or to present a hazard of the introduction and spread of pink bollworm. (d) Restrictions. (1) Cotton Plants and General Trash Prohibited. Cotton plants and parts thereof, such as packing or as contamination or in association with any other products, article or thing, and gin trash except for harvested seed cotton and producs derived from seed cotton are prohibited movement from the infested areas, except that movement is permitted from the lightly infested area into the generally infested area. (2) Treatment Certificates or Permit Required. Except as hereinafter exempted, articles and commodities covered shall not be transported or moved by any means from the infested areas unless accompanied by a certificate of treatment for pink bollworm issued by the county agricultural commissioner or a permit issued by the director. (3) Exemptions. The following articles and commodities may be transported or moved from the infested area without a certificate of treatment or permit under the conditions set forth below: (A) Compressed baled cotton lint, linters, and lint cleaner waste when such products have been given standard or equivalent compression (22 pounds per cubic foot or 352.3 kilograms per cubic meter) and are free from surface contaminants capable of harboring pink bollworm. (B) Samples of cotton lint and cotton linters of the usual trade size. (C) Cottonseed from the lightly infested area may move anywhere within California except to feed mills or persons producing feed that contains whole cottonseed and such feed is or is likely to be shipped out of state. (D) Cottonseed from the genrally infested area may move within the generally infested area except to feed mills or persons producing feed that contains whole cottonseed and such feed is or is likely to be shipped out of state. (4) Fumigation Required for Mechanical Picking Machines. Mechanical cotton picking machines shall not be moved from the infested areas, or within the infested areas when moving from the generally infested area to the lightly infested area, unless the commissioner determines that the machines have been fumigated as prescribed by the director, immediately prior to shipment, and issues a fumigation certificate. (5) Certified Okra From the Infested Areas Permitted Movement Within California. Okra grown in the invested areas may be transported or moved within California from those areas when accompanied by a certificate issued by the county agricultural commissioner at origin. No movement is permitted from the generally infested into the lightly infested area. A grower to be eligible to be issued such a certificate must: (A) Designate property where the okra was grown. (B) Control property where the okra was grown to the extent that on such property compliance can be guaranteed as to planting and plow-up dates, or other cultural practices, that may be required by the county agricultural commissioner. (C) Control the packing of the okra so that only okra three and a half inches (3 1/2 "; 9.89 cm) or smaller will be packed. (D) Make certain a valid certifcate is attached to each set of bills accompanying a shipment. (E) Designate the name of the individual, trucking concern, or other transportation concern that will transport the okra. Only the grower or individuals or concerns so designated will be permitted to use the certificate and transport the okra from the infested areas. (6) Assembly of Articles and Commodities for Inspection. Persons intending to move any article or commodity covered from the infested areas shall make application for inspection as far in advance as possible, shall so handle such articles and commodities as to safeguard them from infestation, and shall assemble them at such points and in such manner as the commissioner, his deputy or inspector shall designate to facilitate inspection. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3410. Hydrilla Interior Quarantine (Quarantine Regulation 13). A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Hydrilla, Hydrilla verticillata an aquatic weed that can, by its thick growth, restrict water flow and make recreational lakes and ponds unusable. It is a monocotyledonous plant of the family Hydrocharitaceae. (b) Area Under Quarantine. Any body of water including lake, river, stream, canal, or pond, declared by the director to be infested with hydrilla. (c) Articles and Commodities Covered. (1) Commodities Covered. Hydrilla ( Hydrilla verticillata) plants or parts of plants capable of growing, including parts of stems, tubers, and turions. (2) Articles Covered. Any products, articles, implements, conveyances (including boats), or any appliance capable of transporting viable plant parts from the area under quarantine (d) Restrictions. (1) Movement of Commodities Covered Prohibited. The movement of commodities covered is prohibited from the area under quarantine. (2) Movement of Articles Covered. All covered may be restricted from access to water infested with hydrilla. In addition said articles may be restricted movement from water infested with hydrilla. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3411. Pear-Juniper Rust Disease Interior Quarantine (Quarantine Regulation 14). Note: Authority cited: Sections 407, 5301, 5302, and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302, and 5322, Food and Agricultural Code. s 3412. Woolly Whitefly Interior Quarantine (Quarantine Regulation 15). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3413. Club Root Disease Interior Quarantine. Note: Authority cited: Sections 16, 106 and 108 (renumbered 407, 5024, 5321- 5323, 5761-5763, 1967 Stats. C. 15), Food and Agricultural Code. s 3414. Cherry Fruit Fly Interior Quarantine (Quarantine Regulation 17). A quarantine is established effective July 18, 1950, against the following pest, its hosts, and possible carriers: (a) Pest. Western cherry fruit fly ( Rhagoletis indifferens). The larva or maggot of the fly of the family Tephritidae feeds inside the cherry fruit causing severe losses in value of the crop. (b) Area Under Quarantine. The entire county of Siskiyou and portions of Humboldt, Shasta, and Trinity counties bounded by a line drawn as follows: Beginning at the northwest corner of Siskiyou County; thence east along the north boundary of Siskiyou County to the Siskiyou Modoc County line; thence south along the east boundary of Siskiyou County to the Shasta County line; thence east along the north boundary of Shasta County to the Lassen County line; thence south along the east boundary of Shasta County to State Highway 299; thence generally westerly along State Highway 299 to the Redding City limit line; thence along the northernmost portion of the Redding City limit line back to State Highway 299; thence continuing generally westerly along State Highway 299 to the point where the highway crosses the Trinity River; thence generally westerly along the north shoreline of the Trinity River to its intersection with the north line of Township 4 north (Humboldt Base); thence west along the north line of Township 4 north to the east line of Range 2 east (Humboldt Meridian); thence north along the east line of Range 2 east to the north line of Township 11 north (Humboldt Base); thence east along the north line of Township 11 north to the west boundary of Siskiyou County; thence northerly along the west boundary of Siskiyou County to the point of beginning. (c) Commodities and Articles Covered. (1) Fresh fruit of all domestic and wild varieties of cherries. (2) Soil from under cherry trees and within the drip line. (d) Restrictions. (1) Infested Property Defined. As used in this regulation, an "Infested Property" shall mean a property on which the pest herein quarantined against exists or has been known to exist in any living stage of development. (2) Cherry-Fruits and Soil Prohibited Movement From Infested Properties. Cherry-fruits, and soil as such or in association with plants are prohibited movement from any infested property, otherwise no restrictions are placed by this regulation on the movement of restricted articles between points within the area under quarantine involving no movement outside thereof. (3) Cherry-Fruits Prohibited Movement Outside Area Under Quarantine. Cherry-fruits are prohibited movement from any point within the area under quarantine to any point outside thereof. Note: Authority cited: Sections 407, 5301, 5302, and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302, and 5322, Food and Agricultural Code. s 3415. Yellow Leaf Roll of Peach, Interior Quarantine. Note: New Authority cited: Sections 407, 5301, 5302, 5322 and 5761, Food and Agricultural Code. s 3416. Hall Scale Interior Quarantine (Quarantine Regulation 19). s 3417. Mexican Fruit Fly Interior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers. (a) Pest. Mexican fruit fly (Anastrepha ludens). (b) Area Under Quarantine. [Reserved] (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of Mexican fruit fly. (1) All fruit of the following plants: Annona spp. Cherimoya, Annona Casimiroa spp. Sapote Citrus spp. Citrus, except Lemon and Sour Lime Cydonia oblonga Quince Eugenia spp. Rose apple Malus sylvestris Apple Mammea spp. Mamey Mangifera indica Mango Persea americana Avocado Prunus americana Native American plum Prunus armeniaca Apricot Prunus domestica Plum, Prune Prunus persica Peach and Nectarine Prunus salicina Japanese plum Psidium spp. Guava Punica granatum Pomegranate Pyrus communis Pear Sapotaceae Sapota, Sapote, Sapodillas Sargentia spp. Sargentia Spondias purpurea Ciruelas, Spanish plum (2) Soil within the drip area of plants producing, or which have produced, fruit listed in (c)(1) above. (3) Any other product, article, or means of conveyance when it is determined by the director or county agricultural commissioner to present a hazard of spreading live Mexican fruit fly and the person in possession thereof has been so notified. (d) Restrictions. (1) At the wholesale level, articles and commodities covered which have been commercially produced within the area under quarantine are prohibited movement from or within the area under quarantine except in accordance with the following provisions: (A) The commodity has been treated for Mexican fruit fly in a manner approved by the director, is transported in a manner approved by the director to preclude exposure to Mexican fruit fly, and is accompanied by a certificate, verifying compliance with the above requirements, issued by the director or county agricultural commissioner; or, (B) The commodity is moving for treatment for Mexican fruit fly or processing and in a manner approved by the director to preclude exposure to Mexican fruit fly, and is accompanied by a written document affirming that movement has been authorized by the director or county agricultural commissioner. (2) At the wholesale level, articles and commodities covered which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in accordance with the following provisions: (A) The commodity is moving directly through the area under quarantine without delay in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Mexican fruit fly; or, (B) The commodity is destined to a permanent wholesale or retail establishment and is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Mexican fruit fly; or, (C) The commodity is destined to a commercial processing facility. (3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment. (4) Articles and commodities covered which have been noncommercially produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the director or county agricultural commissioner. (5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation. (6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell, or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the director to preclude exposure to Mexican fruit fly. No commodity covered shall be held for sale or sold from a truck, trailer, or other mobile vehicle. Note: Authority: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3418. Khapra Beetle Interior Quarantine (Quarantine Regulation 21). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302, 5322, Food and Agricultural Code. s 3419. Date Palm Disease Interior Quarantine (Quarantine Regulation 24). A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. A form of the fungus, Fusarium oxysporum, which initiates a serious disease in Canary Island date palm, Phoenix canariensis, and clump palm, P. reclinata. Seedlings of the date palm, P. dactylifera, are killed when injected with, or planted in soil infested with, the pathogen. There is reasonable cause to presume that this fungus isolate will be pathogenic to mature date palms, P. dactylifera, and other palms of the genus Phoenix. (b) Quarantine Area. The quarantine area shall be all of California except the protected area. The protected area is: (1) Imperial County -the entire county. (2) Inyo County -Township 27 north, Range 1 east, which includes the Furnace Creek Ranch of Death Valley. (3) Riverside County -all of Riverside County east of the eastern boundary of Range 2 east. (This boundary line runs north and south just east of the Town of Cabazon in Riverside County.) (c) Commodities Covered and Articles Covered. (1) All plants and parts for propagation, including seed, of the palm genus Phoenix (2) Saws, knives, or other tools used for trimming or pruning palms of the genus Phoenix (d) Restrictions. The commodities covered are prohibited movement into the protected area, except that trimming or pruning tools will be allowed movement into the protected area when certified by a plant quarantine officer as being sterilized in an approved manner. The movement of the commodities and articles covered is not restricted in any way when such movement is entirely within the quarantine area or entirely within the protected area. (e) Exceptions. (1) There are no restrictions of movement through the area as long as the commodities covered are neither in transit more than 48 hours nor off-loaded enroute. (2) The Director may issue special permits allowing entry of commodities otherwise prohibited. The permit shall state any and all mandatory provisions or conditions under which entry will be allowed. Note: Authority cited: Sections 407, 5301, 5302, and 5322, of the Food and Agricultural Code. Reference: Sections 5301, 5302, and 5322 of the Food and Agricultural Code. s 3420. Japanese Beetle Interior Quarantine (Quarantine Regulation 25). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3421. Apple Maggot Interior Quarantine (Quarantine Regulation 26). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3422. Caribbean Fruit Fly Interior Quarantine (Quarantine Regulation 27). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3423. Oriental Fruit Fly Interior Quarantine (Quarantine Regulation 28). A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Oriental fruit fly (Dacus dorsalis). (b) Area Under Quarantine. (1) That portion of San Bernardino County in the Rialto area bounded by a line as follows: Beginning at the intersection of State Highway 210 and East Avenue; then northerly along East Avenue to its intersection with Banyan Street; then, easterly, northeasterly, northerly and northeasterly along Banyan Street to its intersection with Wardman Bullock Road; then, northerly and northwesterly along Wardman Bullock Road to its intersection with Colonbero Road; then, northerly along an imaginary line from the intersection of Wardman Bullock Road and Colonbero Road to its intersection with the southern boundary line of the San Bernardino National Forest; then, easterly, northeasterly, northwesterly, southeasterly, easterly, southeasterly, northeasterly, northerly, northeasterly, and easterly along the southern boundary line of the San Bernardino National Forest to its intersection with U.S. Interstate 15; then, northeasterly along U.S. Interstate 15 to its next intersection with the San Bernardino National Forest boundary line; then, northwesterly, northerly, northeasterly, southeasterly, easterly, northeasterly, southeasterly and easterly along the San Bernardino National Forest boundary line to its intersection with Palm Avenue; then, southwesterly along Palm Avenue to its intersection with U.S. Interstate 215; then, southeasterly along U.S. Interstate 215 to its intersection with University Parkway; then, southwesterly along University Parkway to its intersection with N State Street; then, southerly along N State Street to its intersection with State Highway 210; then, westerly along State Highway 210 to its intersection with the Southern Pacific Railroad train track; then, southerly, southwesterly, southerly and southeasterly along the Southern Pacific Railroad train track to its intersection with E Base Line Street; then, westerly along E Base Line Street to its intersection with N Eucalyptus Avenue; then, southerly along N Eucalyptus Avenue to its intersection with State Highway 66; then, westerly along State Highway 66 to its intersection with N Cactus Avenue; then, southerly along N Cactus Avenue to its intersection with W Rialto Avenue; then westerly along W Rialto Avenue to its intersection with W Arrow Boulevard; then, westerly along W Arrow Boulevard to its intersection with Arrow Boulevard; then, westerly along Arrow Boulevard to its intersection with Cherry Avenue; then, northerly along Cherry Avenue to its intersection with State Highway 66; then, westerly along State Highway 66 to its intersection with East Avenue; then, northerly along East Avenue to the point of the beginning. (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of Oriental fruit fly. (1) All fruit of the following plants: Akia Wikstroemia phyllyraefolia Alexander laurel Calophyllum inophyllum Apple, common Malus sylvestris Apricot Prunus armeniaca Avocado Persea americana Banana Musa paradisica var. sapientum = (Musa x paradisiaca) Banana, dwarf Musa nana Barbados cherry Malphighia glabra Brazil cherry Eugenia dombeyi Breadfruit Artocarpus altilis Cactus Cereus coerulescens Caimitillo Chrysophyllum oliviforme Cashew Anacardium occidentale Cherimoya Anonna cherimola Cherry, Catalina Prunus ilicifolia (ornamental) Chili Capsicum frutescens var. longum Coffee, Arabian Coffea arabica Country gooseberry Averrhoa carambola Cucumber Cucumis sativas Custard apple Annona squamosa Custard apple, Annona Annona reticulata Date palm Phoenix dactylifera Dragon tree Dracena draco Eggfruit tree Pouteria campechiana = (Lucuma nervosa) Elengi tree Mimusops elengi Fig, common Ficus carica Gourka Garcinia celebica Granadilla, sweet Passiflora ligularis Granadilla, yellow Passiflora lauriflora Grape Vitis spp Grapefruit Citrus paradisi Guava Psidium guajava Guava, pineapple Feijoa sellowiana Guava, red strawberry Psidium littorale Guava, yellow strawberry Psidium cattleianum lucidum Imbu Spondias tuberosa Jackfruit Artocarpus heterophyllus Jerusalem Cherry Solanum pseudocapiscum Kitembilla Dovyalis hebecarpa Kumquat Fortunella japonica Lemon Citrus limon Lime, sour Citrus aurantiifolia Longan Euphoria longan Loquat Eriobotrya japonica Lychee Lychee chinensis Malay apple Eugenia malaccensis Mammee apple Mammea americana Mandarin (tangerine) Citrus reticulata Mango Mangifera indica Mangosteen Garcinia mangostana Mock orange Murraya exotica Mulberry, black Morus nigra Myrtle, downy rose Rhodomyrtus tomentosa Natal plum Carissa grandiflora Nectarine Prunus persica var. nectarina Oleander, yellow Thevetia peruviana Orange, calamondin Citrus japonica and Citrus mitis Orange, Chinese Citrus japonica hazara Orange, king Citrus, nobilis Orange, sour Citrus aurantium Orange, sweet Citrus sinensis Orange, unshu Citrus unshu Otaheite apple Spondias dulcis Palm, date Phoenix spp. Palm, syrup Jubaea spectabilis Papaya, common Carica papaya Passionflower, Passiflora mollissima Passionfruit (yellow lilikoi) Passiflora edulis flavicarpa Peach Prunus persica Pear Pyrus communis Pepino Solanum muricatum Pepper, oriental bush red Capiscum frutescens var. abbreviatum Pepper, sweet Capiscum frutescens var. grossum Persimmon Diospyros spp. Persimmon, Japanese Diospyros kaki Plum, American Prunus americana Plum, garden (common European prune) Prunus domestica Pomegranate Punica granatum Prickly pear, mission Opuntia megacantha Pummelo Citrus grandis Quince Cydonia oblonga Rose apple Eugenia jambos = (Syzygium jambos) Sandalwood Santalum paniculatum Sandalwood, white Santalum album Santol Sandericum koetjape Sapodilla Manilkara zapota Sapodilla chiku Achras zapota Sapote, white Casimiroa edulis Seagrape Coccoloba uvifera Soursop Annona muricata Star apple Chrysophyllum cainito Surinam cherry Eugenia uniflora Tomato Lycopersicon esculentum Tropical almond Terminalia catappa Terminalia Terminalia chebula Velvet apple Diospyros discolor Walnut, California black Juglans hindsii Walnut, English Juglans regia Wampi Citrus lansium West Indian cherry Malpighia punicifolia Ylang-ylang Cananga odorata (2) Any other product, article, or means of conveyance when it is determined by the director or county agricultural commissioner to present a hazard of spreading live Oriental fruit fly and the person in possession thereof has been so notified. (d) Restrictions. (1) At wholesale level, articles and commodities covered which have been commercially produced within the area under quarantine are prohibited movement from or within the area under quarantine except in accordance with the following provisions: (A) The commodity has been treated for Oriental fruit fly in a manner approved by the director, is transported in a manner approved by the director to preclude exposure to Oriental fruit fly, and is accompanied by a certificate, verifying compliance with above requirements, issued by the director or county agricultural commissioner; or, (B) The commodity is moving for treatment for Oriental fruit fly or processing and in a manner approved by the director to preclude exposure to Oriental fruit fly, and is accompanied by a written document affirming that movement has been authorized by the director or county agricultural commissioner. (2) At the wholesale level, articles and commodities covered which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in accordance with the following provisions: (A) The commodity is moving directly through the area under quarantine without delay in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Oriental fruit fly; or, (B) The commodity is destined to a wholesale or retail establishment and, if moving between 9:00 a.m. and sunset, is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Oriental fruit fly; or, (C) The commodity is destined to a commercial processing facility. (3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment. (4) Articles and commodities covered which have been noncommercially produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the director or county agricultural commissioner. (5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation. (6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the director to preclude exposure to Oriental fruit fly. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3424. Bactrocera zonataInterior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers. (a) Pest. Peach Fruit Fly (Bactrocera zonata), (b) Area Under Quarantine. [Reserved] (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of peach fruit fly. (1) All fruit, vegetables or berries of the following: Scientific Name Common Name Abelmoschus esculentus Okra Aegle marmelos Indian bael Annona cherimola Cherimoya Annona muricata Soursop Annona reticulate Custard apple, annona Annona squamosa Custard apple Scientific Name Common Name Careya arborea Patana oak, kumbhi Carica papaya Papaya, common Citrofortunella japonica Calamondin orange Citrullus lanatus Watermelon Citrus aurantilifolia Sour lime Citrus aurantium Sour orange *Citrus limon *Lemon *(except commercially produced clean and waxed smooth lemon) Citrus medica Citron Citrus maxima Pummelo Citrus nobilis King orange, Tangor Citrus paradisi Grapefruit Citrus reticulata Mandarin (tangerine) Citrus sinensis Orange, sweet Coccinia grandis Gourd, ivy Cucumis melo Cantaloupe Cucumis sativus Cucumber Cucumis utilissimus Melon, long Cydonia oblonga Quince Elaeocarpus angustifolius Blue marbletree; New Guinea-quandong Elaeocarpus grandiflorus Lily of the valley tree Elaeocarpus madopetalus Ma-kok-nam Eriobotrya japonica Loquat Eugenia brasiliensis Brazil cherry Eugenia uniflora Surinam cherry Felijoa sellowiana Pineapple guava Ficus benghalensis Banyan fig Ficus carica Fig, common Ficus macrophylla Moreton Bay fig Ficus retusa Glossy leaf fig Ficus rubiginosa Port Jackson fig Ficusspp. Fig Fortunella japonica Kumquat Grewia asiatica Phalsa Lagenaria siceraria (= L. vulgaris) Bottle or calabash gourd Luffa acutangula Ribbed or ridged gourd, Luffa Luffa aegyptiaca Smooth loofah, sponge gourd Lycopersicum esculentum Tomato Madhuca indica (=Bassia latifolia) Mahua, mowra-buttertree Malusspp. Apple Malus (=domestica) sylvestris Apple, common Mangifera foetida Bachang mango Mangifera indica Mango Mangifera odorata Kuine Manilkara emarginata a Sapodilla Manilkara hexandra Balata sapodilla Manilkara zapota Sapodilla Momordica balsamina Balsam apple hawthorn Momordica charantia Balsam pear, bitter melon, bitter gourd Momordica cochinchinensis a Balsam apple Ochrosia elliptica Bourbon orange Persea americana Avocado Phoenix dactylifera Date palm Prunus americana American plum Prunus armeniaca Apricot Prunus avium Sweet cherry Prunus cerasifera Plum Prunus domestica European prune (plum) *Prunus dulcis *Almond *(except harvested almonds with dried husks) Prunus ilicifolia Cherry, hollyleaf Prunus lusitanica Portuguese laurel cherry Prunus lyonii Catalina cherry Prunus persica Peach Prunus persica var. nectarine Nectarine Prunus salicia x Prunus cerasifera Methley plum Prunus salicina Japanese plum Psidium cattleianum Strawberry guava Psidium cattleianum littorale Red strawberry guava Psidium cattleianum lucidum Yellow strawberry guava Psidium guajava Guava Punica granatum Pomegranate Putranjiva roxburghii Wild Olive, Indian amulet plant Pyrus communis Pear Pyrus pashia Kaenth Pyrus pyrifolia Pear, sand Solanum aculeatissimum a Nightshade Solanum auriculatum Wild tobacco Solanum melongena Eggplant Solanum muricatum Pepino Solanum pseudocapsicum Jerusalem cherry Solanum seaforthianum Brazilian nightshade Solanum verbascifolium Mullein nightshade Syzygium aquea Water apple, watery roseapple Syzygium cumini Java plum, jambolana Syzygium jambos Rose-apple Syzygium malaccense Malay-apple Syzygium samarangense Java apple, water apple Terminalia bellirica Myrobalan Terminalia catappa Tropical or Indian almond Terminalia chebula Ziziphus mauritiana Chinese-date, jujube (2) Soil within the drip area of plants producing, or which have produced fruit, vegetables, or berries as listed in (c)(1) above. (3) Any other product, article, or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of peach fruit fly and the person in possession thereof has been so notified. (d) Restrictions. (1) At the wholesale level, articles and commodities covered in Section (c) are prohibited movement within or from the area under quarantine except as provided in (A) or (B) below: (A) If the article or commodity has been treated in a manner approved by the department to eliminate peach fruit fly, is transported in a manner to preclude exposure to peach fruit fly, and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming compliance with this subsection; or, (B) The article or commodity is moving for treatment for peach fruit fly or processing and in a manner approved by the department to preclude exposure to peach fruit fly and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming such movement has been authorized under this subsection. (2) At the wholesale level, articles and commodities covered in Section (c) which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in compliance with (A), (B) or (C) below: (A) If the article or commodity is moving directly through the area under quarantine without delay and by a direct route in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the peach fruit fly while en route through the area; or, (B) The article or commodity is destined to a wholesale or retail establishment within the quarantined area and, if moving between 9:a.m. and sunset, is transported in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the peach fruit fly; or (C) The article or commodity is destined to a commercial processing facility. (3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment. (4) Articles and commodities covered which have been noncommercially produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the department or county agricultural commissioner. (5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation. (6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell, or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the department to preclude exposure to peach fruit fly. No commodity covered shall be held for sale or sold from a truck, trailer, or other mobile vehicle. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. s 3425. Melon Fruit Fly Interior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Melon fruit fly (Bactrocera cucurbitae ). (b) Area Under Quarantine. [Reserved] (c) Commodities Covered. (1) All fruit, vegetables or berries of the following agricultural, wild, or ornamental plants: Common Name Scientific Name Apple Malus sylvestris Apple, Custard Annona reticulata Avacado Persea americana Bean, hyacinth Dolichos lablab Bean, lima Phaseolus lunatus [ Phaseolus limensis ] Bean, mung Phaseolus radiatus Bean, string Phaseolus vulgaris Cantaloupe Cucumis melo Cucumis melo var . cantalupensis Cauliflower Brassica oleracea var . botrytis Chayote Sechium edule Colocynth Citrullus colocynthis Cowpea Vigna unguiculata Cowpea, yardlong Vigna sesquipedalis Cucumber Cucumis sativus Cucumber, bur Sicyos sp. Cucurbit Cucumis pubescens Cucumis trigonis Date palm Phoenix dactylifera Eggplant Solanum melongena Fig, common Ficus carica Gourds Coccinia spp. Cresentia spp. Lagenaria spp. Luffa spp. Momordica spp. Trichosanthes spp. Grape Vitis trifolia Guava Psidium guajava Guava, cattley Psidium cattleianum Mango Mangifera indica Melon Citrullus sp. Melon, Chinese Benincasa hispida Melon, Oriental pickling Cucumis melo var. conomon Mustard, leaf Brassica juncea Orange, king Citrus nobilis Orange, mandarin Citurs reticulata Orange, sweet Citrus sinensis Papaya, common Carica papaya Passion fruit Passiflora edulis Peach Prunus persica Pear Pyrus communis Pepper Capsicum annum Pepper, chili Capsicum annum Pepper, tabasco Capsicum frutescens Pumpkin Cucurbita pepo Pumpkin, Canada Cucurbita moschata Scarlet wisteria tree Sesbania grandiflora Soursop Annona muricata Squash Cucurbita maxima Tomato Lycopersicon esculentum Tomato, tree Cyphomandra betaceae Water lemon Passiflora laurifolia Watermelon Citrullus lanatus [ Citrullus vulgaris ] (2) Soil within the drip area of plants producing, or which have produced fruit, vegetables, or berries as listed in (c)(1) above. (3) Plants of the following species in the Cucurbitaceae: Chayote Sechium edule Colocynth Citrullus colocynthis Cucumber Cucumis sativus Cucumber, bur Sicyos sp. Cucurbit, wild Cucumis trigonis Gherkin, West Indian Cucumis angaria Gourd, angled luffa Luffa acutangula Gourd, balsam-apple Momordica balsaminia Gourd, balsam-pear Momordica charantia Gourd, ivy Coccinia grandis Gourd, kakari Momordica cochinchiensis Gourd, pointed Trichosanthes dioica Gourd, serpent cucumber Trichosanthes anguina Gourd, snake Trichosanthes cucumeroides Gourd, sponge Luffa aegyptiaca Gourd, white-flowered Lagenaria siceraria Melon Citrullus melo Melon, Chinese Benincasa hispida Melon, long Cucumis utllissimus Pumpkin Cucurbita pepo Pumpkin, Canada Cucurbita moschata Squash Cucurbita maxima Watermelon Citrullus lanatus [ Citrullus vulgaris ] (4) Any other product, article, or means of conveyance when it is determined by the department or county agricultural commissioner to present a hazard of spreading live melon fruit fly and the person in possession thereof has been so notified. (d) Restrictions. (1) At the wholesale level, articles and commodities covered which have been commercially produced within the area under quarantine are prohibited movement from or within the area under quarantine except in accordance with the following provisions: (A) The commodity has been treated in a manner approved by the department to eliminate melon fruit fly, is transported in a manner approved by the department to preclude exposure to melon fruit fly, and is accompanied by a certificate, verifying compliance with the above requirements, issued by the department or county agricultural commissioner; or, (B) The commodity is moving for treatment for melon fruit fly or processing and in a manner approved by the department to preclude exposure to melon fruit fly and is accompanied by a written document affirming that movement has been authorized by the department or county agricultural commissioner. (2) At the wholesale level, articles and commodities covered which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in accordance with the following provisions: (A) The commodity is moving directly through the area under quarantine without delay in an enclosed vehicle or completely enclosed by a covering to prevent exposure to melon fruit fly; or, (B) The commodity is destined to a wholesale or retail establishment and, if moving between 9:00 a.m. and sunset, is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to melon fruit fly; or, (C) The commodity is destined to a commercial processing facility. (3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment. (4) Articles and commodities covered which have been noncommerically produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the department or county agricultural commissioner. (5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation. (6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the department to preclude exposure to melon fruit fly. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3426. White Garden Snail Interior Quarantine. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3427. Whitefringed Beetle Interior Quarantine. Note: Authority cited: Sections 407, 5301 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3428. Chrysanthemum White Rust Disease Interior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest, Chrysanthemum white rust disease (Puccinia horiana). (b) Area. [Reserved] (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of the disease: (1) Plants and plant parts of all species, hybrids, botanical and horticultural varieties of the genera Chrysanthemumand Dendranthema, except those determined by the director not to be susceptible to infection by the pest. (2) All equipment, trucks, tractors, or other articles used in the production, harvest, transportation, or storage of the plant materials in (1) above. (d) Restrictions. (1) Articles and commodities covered in subsection (c)(1) are prohibited movement within or from the regulated areas except as provided in (A), (B), or (C) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been treated and inspected in a manner approved by the director. (B) If purchased at a retail sales location and accompanied by a sales receipt. (C) If the commodity was produced outside the regulated areas and is being moved through a regulated area by direct route and without delay in closed vehicles or containers. (2) Articles and commodities covered in subsection (c)(1) are prohibited entry into the regulated area for propagation purposes except if treated upon arrival in a manner approved by the director. (3) Articles and commodities covered in subsection (c)(2) are prohibited movement within or from the regulated area except if free from all non-certified plant material of the kinds designated in (c)(1). Note: Authority cited: Sections 407, 5301, 5302, and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302, and 5322, Food and Agricultural Code. s 3429. Sweetpotato Weevil Interior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Sweetpotato weevil (Cylas formicarius elegantulus). (b) Area Under Quarantine. (1) That portion of San Diego County bounded by a line drawn as follows: Beginning at the intersection of Sunset Cliffs Boulevard and Interstate Highway 8; then, easterly along Interstate Highway 8 to its intersection with Japatul Road; then, southwesterly along said road to its intersection with Lyons Valley Road; then, southwesterly along Lyons Valley Road to its intersection with Barrett Lake Road; then, southeasterly and southerly along Barrett Lake Road to its intersection with State Highway 94; then, southeasterly along said highway to its intersection with State Highway 188; then, southerly along State Highway 188 to its intersection with the United States-Mexico border; then, westerly along said border to its intersection with the Pacific Ocean coastline; then, northerly along said coastline to its intersection with the San Diego River; then, easterly along said river to its intersection with Sunset Cliffs Boulevard; then, southwesterly along said boulevard to the point of beginning. (c) Articles and Commodities Covered. (1) Hosts. Sweet potato plants and all plant parts except seed and including vines, draws, and slips, and sweet potato roots, also called yams, camote, batatas, boniatos, buniatos, and moniato (Ipomoea batatas), and morning-glory plants (Ipomoea spp., Calystegia spp., and Convolvulus spp.). (2) Possible Carriers. Possible carriers include all appliances used in the growing, harvesting, processing, storage, and movement of hosts including, but not limited to field bins, trucks, tractors, harvesting equipment, and any other thing which the Department determines to be capable of spreading any stage of sweetpotato weevil. (d) Restrictions. (1) Articles and commodities covered in subsection (c)(1) are prohibited movement within or from the area under quarantine except as provided in (A), (B), (C) or (D) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities originated from a site or facility which is apparently free from sweetpotato weevil. (B) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been inspected or treated in a manner approved by the Department and are apparently free from sweetpotato weevil. (C) If purchased at a retail sales location and accompanied by a sales receipt. (D) If the article or commodity was produced outside the area under quarantine and is being moved through the area under quarantine by direct route and without delay in vehicles or containers which prevent spillage of the article or commodity while en route through the area. (2) Articles and commodities covered in subsection (c)(2) are prohibited movement within or from the area under quarantine except if cleaned and treated to the satisfaction of the county agricultural commissioner. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3430. Karnal Bunt Disease Interior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers. (a) Pest. Karnal bunt disease(Tilletia indica). (b) Quarantine Area. The area under quarantine for Karnal bunt disease is: (1) That portion of Riverside County known as the Palo Verde Valley (in part) bounded by a line drawn as follows: Beginning at the intersection of Neighbours Boulevard and W Hobsonway; then, easterly along W Hobsonway to its intersection with Arrowhead Boulevard; then, northerly along said boulevard to its intersection with W 11th Avenue; then, easterly along said avenue to its intersection with Defrain Boulevard; then, northerly along said boulevard to its intersection with 10th Avenue; then, easterly along said avenue to its intersection with the south boundary line of Township 6 South, Range 23 East and Sections 23 and 24; then, easterly along the said south boundary line to its intersection with the California-Arizona State Line; then, southerly along said state line to its intersection with the south boundary line of Township 8 South, Range 22 and Sections 25, 26 and 27; then, westerly along the said south boundary line to its intersection with 36th Avenue; then, westerly along said avenue to its intersection with Stephenson Boulevard; then, northerly along said boulevard to its intersection with 34th Avenue; then westerly along said avenue to its intersection with Keim Boulevard; then, northerly along an imaginary line from said intersection to the intersection of 28th Avenue and Keim Boulevard; then, northerly along Keim Boulevard to its northern most point; then, from that said point northeasterly along an imaginary line to its intersection with the intersection of Stephenson Boulevard and W 14th Avenue; then, easterly along W 14th Avenue to its intersection with Neighbours Boulevard; then, northerly along said boulevard to the point of beginning. (c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of the disease: (1) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale; (2) Grain elevators/equipment/structures used for storing and handling wheat, durum wheat, and triticale; (3) Milling products or byproducts, except flour; (4) Plants, or plant parts, including grain, seed, or straw of all varieties of the following species: wheat (Triticum aestivum); durum wheat (Triticum durum); and triticale (Triticum aestivumxSecale cereale); (5) Root crops with soil; (6) Soil from areas where field crops are produced; (7) Manure from animals that have fed on wheat, durum wheat, or triticale; (8) Used bags, sacks and containers; (9) Used farm tools; (10) Used mechanized cultivating equipment; (11) Used mechanized harvesting equipment; (12) Used seed conditioning equipment; (13) Used mechanized soil-moving equipment; (14) Any other product, article or means of conveyance when it is determined by the secretary that it presents a risk of spreading Karnal bunt disease due to its proximity to an infestation of Karnal bunt disease and the person in possession has been so notified. (d) Restrictions. (1) Articles and commodities covered in subsection (c) are prohibited movement within or from portions (b)(1) and (b)(2) of the quarantine area from infested properties or if exposed to infestation by the disease except as provided in (A), (B) or (C) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been: 1. treated and inspected in a manner approved by the department; 2. grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt disease; 3. tested and found free from Karnal bunt disease. (B) If accompanied by a permit issued by an authorized agricultural official specifying the article or commodity covered; the destination; the handling, utilization, or processing which is authorized; and the conditions under which this shall be conducted. (C) If the article or commodity is being moved from outside the quarantine area and is being moved through the quarantine area by direct route and without delay. (2) Seed, as specified in (c)(4), is prohibited movement from all portions of the quarantine area except as provided in (A), (B) or (C) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the seed has been: 1. treated and inspected in a manner approved by the department; 2. grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or destroy all life stages of Karnal bunt disease; 3. tested in a manner approved by the department and found free from Karnal bunt disease. (B) If accompanied by a permit issued by an authorized agricultural official specifying the commodity covered; the destination; the handling, utilization, processing which is authorized; and the conditions under which this shall be conducted. (C) If the seed is being moved from outside the quarantine area and is being moved through the quarantine area by direct route and without delay. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3431. Olive Fruit Fly Interior Quarantine. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3432. Red Imported Fire Ant Interior Quarantine. A quarantine is established against the following pest, its hosts, and possible carriers: (a) Pest. Red imported fire ant ( Solenopsis invicta). (b) Quarantine Area. The area under quarantine for red imported fire ant in California is: (1) The entire county of Orange. (2) Los Angeles County: (A) That portion of the county in the Cerritos area bounded by a line drawn as follows: Beginning at the intersection of Artesia Boulevard and Marquardt Avenue; then, southerly along said avenue to its intersection with the Los Angeles-Orange County Line; then, southerly and westerly along said line to its intersection with Carson Street; then, westerly along said street to its intersection with Norwalk Boulevard; then, northerly along said boulevard to its intersection with Centralia Street; then, westerly along said street to its intersection with Pioneer Boulevard; then, northerly along said boulevard to its intersection with South Street; then, easterly along said street to its intersection with Norwalk Boulevard; then, northerly along said boulevard to its intersection with 183rd Street; then, easterly along said street to its intersection with Bloomfield Avenue; then, northerly along said avenue to its intersection with Artesia Boulevard; then, easterly along said boulevard to the point of beginning. (B) That portion of the county in the Azusa area bounded by a line drawn as follows: Beginning at the intersection of Foothill Boulevard and Irwindale Avenue; then, easterly along said boulevard to its intersection with Azusa Avenue; then, southerly along said avenue to its intersection with East Fifth Street; then easterly along said street to its intersection with North Cerritos Avenue; then, southerly along said avenue to its intersection with Arrow Highway; then, westerly along said highway to its intersection with Azusa Avenue; then southerly along said avenue to its intersection with Covina Boulevard; then, westerly along an imaginary line from said intersection to the intersection of Irwindale Avenue and Martinez Street; then, northerly along said avenue to the point of beginning. (3) Riverside County: (A) That portion of the county in the Moreno Valley area bounded by a line drawn as follows: Beginning at the intersection of Reche Vista Drive and Canyon Ranch Road; then, southeasterly along Canyon Ranch Road to its intersection with Valley Ranch Road; then, easterly along Valley Ranch Road to its intersection with Michael Way; then, southerly along said way to its intersection with Casey Court; then, easterly along said court to its intersection with the Moreno Valley City Limits; then, southerly and easterly along said city limits to its intersection with Pico Vista Way; then, southwesterly along said way to its intersection with Los Olivos Drive; then, southerly along said drive to its intersection with Jaclyn Avenue; then, westerly along said avenue to its intersection with Perris Boulevard; then, southerly along said boulevard to its intersection with Kalmia Avenue; then, westerly along said avenue to its intersection with Hubbard Street; then, northerly along said street to its intersection with Nightfall Way; then, westerly and southerly along said way to its intersection with Sundial Way; then, westerly along Sundial Way to its intersection with Indian Avenue; then, southerly along said avenue to its intersection with Ebbtide Lane; then, westerly along said lane to its intersection with Ridgecrest Lane; then, southerly along Ridgecrest Lane to its intersection with Moonraker Lane; then, westerly along Moonraker Lane to its intersection with Davis Street; then, southerly along said street to its intersection with Greogory Lane; westerly along said lane to its intersection with Heacock Street; then, northwesterly from said intersection along an imaginary line to the intersection of Lake Valley Drive and Breezy Meadow Drive; then, northwesterly along Breezy Meadow Drive to its intersection with Stony Creek; then, northeasterly from said intersection along an imaginary line to the intersection of Old Lake Drive and Sunnymead Ranch Parkway; then, northwesterly along said parkway to its intersection with El Granito Street; then, easterly along said street to its intersection with Lawless Road; then, easterly from said intersection along an imaginary line to the intersection of Heacock Street and Reche Vista Drive; then, northerly along said drive to the point of beginning. (B) That portion of the county in the Indio area bounded by a line drawn as follows: Beginning at the intersection of Avenue 50 and Jackson Street; then, southerly along said street to its intersection with 54th Avenue; then, westerly along said avenue to its intersection with Madison Street; then, northerly along said street to its intersection with Avenue 50; then, easterly along said avenue to the point of beginning. (C) That portion of the county in the Rancho Mirage, Palm Desert, and Bermuda Dunes areas bounded by a line drawn as follows: Beginning at the intersection of Ramon Road and Bob Hope Drive; southerly along said drive to its intersection with Dinah Shore Drive; then, easterly along Dinah Shore Drive to its intersection with Key Largo Avenue; then, southerly along said avenue to its intersection with Gerald Ford Drive; then, westerly along said drive to its intersection with Bob Hope Drive; then, southerly along Bob Hope Drive to its intersection with Frank Sinatra Drive; then easterly along Frank Sinatra Drive to its intersection with Vista Del Sol; then, southerly along Vista Del Sol to its intersection with Country Club Drive; then, easterly along said drive to its intersection with Adams Street; then, southerly along said street to its intersection with 42nd Avenue; then, easterly along said avenue to its intersection with Tranquillo Place; then, southerly along said place to its intersection with Harbour Court; then, southwesterly from said intersection along an imaginary line to the intersection of Granada Drive and Caballeros Drive; then, southeasterly along Caballeros Drive to its intersection with Kingston Drive; then, westerly along Kingston Drive to its intersection with Mandeville Road; then, easterly along said road to its intersection with Port Maria Road; then, southerly along Port Maria Road to its intersection with Fred Waring Drive; then, westerly along said drive to its intersection with the Dune Palms Road; then, southwesterly from said intersection along an imaginary line to the intersection of Adams Street and Miles Avenue; then, westerly along said avenue to its intersection with Washington Street; then, northwesterly along said street to its intersection with Fred Waring Drive; then, westerly along said drive to its intersection with Joshua Road; then, northerly along said road to its intersection with Park View Drive; then, westerly along said drive to its intersection with State Highway 111; then, northwesterly along said highway to its intersection with Magnesia Fall Drive; then, westerly along said drive to its intersection with Gardess Road; then, northwesterly along said road to its intersection with Dunes View Road; then, northeasterly along Dunes View Road to its intersection with Halgar Road; then, northwesterly along Halgar Road to its intersection with Indian Trail Road; then, northeasterly along Indian Trail Road to its intersection with Mirage Road; then, northerly along Mirage Road to its intersection with State Highway 111; then, northwesterly along said highway to its intersection with Frank Sinatra Drive; then, easterly along said drive to its intersection with Da Vall Drive; then, northerly along said Da Vall Drive to its intersection with Ramon Road; then, easterly along said road to the point of beginning. (D) That portion of the county in the Palm Springs area bounded by a line drawn as follows: Beginning at the intersection of State Highway 111 and and San Rafael Drive; then, easterly along said drive to its intersection with Indian Canyon Drive; then, southerly along Indian Canyon Drive to its intersection with Francis Drive; then, easterly along Francis Drive to its intersection with North Farrell Drive; then southerly along North Farrell Drive to its intersection with Verona Road; then, easterly along said road to its intersection with Whitewater Club Drive; then, easterly along an imaginary line from said intersection to the intersection of Verona Road and Ventura Drive; then, easterly along said road to its intersection with Avenida Maravilla; then, easterly and southerly along said avenida to its intersection with 30th Avenue; then, westerly along said avenue to its end; then, due west along an imaginary line from the end of 30th Avenue to its intersection with the Whitewater River; then, southeasterly along said river to its intersection with Dinah Shore Drive; then, westerly from said intersection along an imaginary line to the east end of 34th Avenue; then,westerly along said avenue to its intersection with Golf Club Drive; then, southerly along said drive to its intersection with East Palm Canyon Drive; then, southerly from said intersection along an imaginary line to the intersection of Desterto Vista and Palm Hills Drive; then, southerly along said drive to its end; then, southwesterly along an imaginary line from the end of said drive to the intersection of Murray Canyon and Palm Canyon Drive; then, northwesterly along said drive to its intersection with the Palm Springs City Limits; then westerly and northerly along said city limits to its intersection with Tahquitz Creek; then, due north from said intersection along an imaginary line to its intersection with Tramway Road; then, northeasterly along said road to the point of beginning. (c) Commodities Covered. (1) Imported fire ant queens and reproducing colonies of imported fire ants. (2) Soil, separately or with other articles, except when commercially packaged. For the purpose of this section, soil shall include all growing media. (3) Baled hay and baled straw stored in direct contact with the ground. (4) Plants and sod with roots and soil attached, except privately owned house plants maintained indoors and not for sale. (5) Used soil-moving equipment, unless free of all noncompacted soil. (6) Any other product, article, or means of conveyance when it is determined by the department or county agricultural commissioner to present a hazard of spreading live red imported fire ant and the person in possession thereof has been so notified. (d) Restriction on Movement, Possession and Sale of Commodities Covered. (1) Movement of Commodities Covered; Commercial Production and Wholesale Distribution. It is unlawful to move within or from the quarantine area a commercial shipment of any commodity covered at the production or wholesale level, except when certified by the department or county agricultural commissioner in accordance with the following provisions: (A) The commodity was treated in a manner approved by the department to eliminate all live red imported fire ant; or, (B) The commodity was inspected and determined to be free from all life stages of the red imported fire ant; or, (C) The commodity has been grown, produced, manufactured, stored, or handled in a manner that would prevent infestation by or destroy all life stages of the imported fire ant; or, (D) The commodity was produced outside the quarantine area and is being transported: 1. through the area by direct route and without delay in closed vehicles or containers to preclude infestation by red imported fire ant; or 2. under permit of the department specifying conditions to preclude infestation by red imported fire ant. (2) Movement of Commodities Covered from Commercial Sources; Retail Level. Retail size purchases of commodities covered obtained from commercial retail sources may be moved into, within or from the quarantine area, if the person in possession has a sales slip or other comparable document showing the purchase was made from a commercial retail establishment. Other transportation of such commodities is prohibited. (3) Movement of Commodities Covered; Not from Commercial Sources. (A) Within the quarantine area, to a specified destination for specified handling, utilization, or processing (the destination and other conditions to be listed in a permit issued by the department or county agricultural commissioner), and this movement will not result in the spread of the imported fire ant, because the imported fire ant will be destroyed by the specified handling, utilization, or processing; (B) Within the quarantine area, no commodity covered shall be moved from the origin premises without a certificate or permit issued by the department or county agricultural commissioner; (C) Commodities covered not obtained from commercial sources may be transported into the quarantine area only if the person in possession has a signed statement showing the commodity, amount, place of origin, destination and date of transportation. (4) Restrictions on Wholesale and Retail Sales. Within the quarantine area, no wholesale or retail establishment shall handle, sell or offer for sale any commodity covered unless such commodities at all times are maintained in a manner approved by the department to preclude infestation by red imported fire ant. (5) No person shall transport, possess, handle or sell any commodity covered in violation of the provisions of this section. No person shall knowingly prepare, possess, or use any false document, or knowingly make any false statement to any enforcement officer, in connection with the possession, sale or transportation of any commodity covered. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code. s 3433. Diaprepes Root Weevil Interior Quarantine. A quarantine is established against the following pest, its hosts and possible carriers. (a) Pest. Diaprepres Root Weevil (Diaprepes abbreviatus). (b) Area Under Quarantine. (1) In the county of Los Angeles: Beginning at the intersection of E. 7th Street and State Highway 1; then, southeasterly along State Highway 1 to its intersection with E. 2nd Street; then, southwesterly and northwesterly along E. 2nd Street to its intersection with Park Avenue; then, northeasterly and northerly along Park Avenue to its intersection with E. 7th Street; then, easterly along E. 7th Street to the point of beginning. (2) In the county of Orange: (A) Beginning at the intersection of East Bluff Drive and University Drive; then, northeasterly along University Drive to its intersection with the southern boundary of Bonita Creek Park; then, southerly, easterly and northerly along said park boundary to its intersection with State Highway 73; then, southerly and southeasterly along said highway to its intersection with Bonita Canyon Drive; then, southwesterly along Bonita Canyon drive to its intersection with Prairie Road; then, southerly and westerly along Prairie Road to its intersection with San Miguel Drive; then, southerly and southwesterly along San Miguel Drive to its intersection with Joaquin Hills Road; then, northwesterly along San Joaquin Hills Road to its intersection with Jamboree Road; then, northeasterly along Jamboree Road to its intersection with East Bluff Drive; then, northwesterly, northerly and northeasterly along East Bluff Drive to the point of beginning. (B) Beginning at the intersection of Dover Drive and Irvine Avenue; then, northeasterly along Irvine Avenue to its intersection with the boundary line of Upper Newport Bay Regional Park; then, southeasterly, northeasterly, southeasterly, southwesterly, southeasterly, northeasterly, southeasterly, southerly, southwesterly, easterly, southwesterly, southerly, easterly, southeasterly, southwesterly, westerly, southwesterly, southeasterly, southwesterly, easterly, southwesterly and southeasterly along the boundary line of Upper Newport Bay Regional Park until its intersection with the shoreline of Upper Newport Bay; then, southerly, northwesterly, southwesterly, southeasterly, southwesterly, westerly, northwesterly, southerly, easterly, southerly, westerly and southwesterly along the shoreline of Upper Newport Bay until its intersection with the boundary line of Castaways Park; then, northwesterly along the boundary line of Castaways Park to its intersection with Dover Drive; then, northeasterly along Dover Drive to its intersection with Westcliff Drive N; then, northwesterly along Westcliff Drive N to its intersection with Irvine Avenue; then, northeasterly along Irvine Avenue to the point of beginning. (C) Beginning at the intersection of Village Center Drive and Yorba Linda Boulevard; then, northerly and northeasterly along Village Center Drive to its intersection with Manzanita Avenue; then, southeasterly, easterly and northeasterly along Manzanita Avenue to its intersection with Cork Circle; then, northeasterly along Cork Circle to its northeastern most point; then, along an imaginary line from the northeastern most point of Cork Circle to its intersection with the northwestern most point of Alder Avenue; then, southeasterly along Alder Avenue to its intersection with San Antonio Road; then, southerly along San Antonio Road to its intersection with Yorba Linda Boulevard; then, easterly and southeasterly along Yorba Linda Boulevard to its intersection with Via De La Escuela; then, southwesterly and westerly along Via De La Escuela to its intersection with Dominguez Ranch Road; then, southerly and southwesterly along Dominguez Ranch Road to its intersection with Trailside Drive; then, westerly along Trailside Drive to its intersection with Yorba Ranch Road; then, southerly along Yorba Ranch Road to its intersection with E Esperanza Road; then, southwesterly along E Esperanza Road to its intersection with Fairmont Boulevard; then, northwesterly along Fairmont Boulevard to its intersection with Paseo De Las Palomas; then, northeasterly and easterly along Paseo De Las Palomas to its intersection with Village Center Drive; then, northerly, northeasterly and northerly along Village Center Drive to the point of the beginning. (3) In the county of San Diego: (A) Beginning at the intersection of U.S. Interstate 5 and Genesee Avenue; then, easterly and southeasterly along Genesee Avenue to its intersection with Eastgate Mall; then northeasterly along Eastgate Mall to its intersection with U.S. Interstate 805; then southeasterly along U.S. Interstate 805 to its intersection with Governor Drive; then, southwesterly, westerly, northwesterly, westerly, southwesterly and westerly along Governor Drive to its intersection with Regents Road; then, northerly and northwesterly along Regents Road to its intersection (over crossing) with the "Coaster" (Amtrak) railroad tracks; then, southwesterly, southerly and southeasterly along said railroad tracks to its intersection with State Highway 52; then, westerly along State Highway 52 to its intersection with U.S. Interstate 5; then, northerly along U.S. Interstate 5 to its intersection with Gilman Drive; then, northwesterly, northerly, easterly and northerly along Gilman Drive to its intersection with Voigt Drive; then, northeasterly along Voigt Drive to its intersection with U.S. Interstate 5; then, northerly, along U.S. Interstate 5 to the point of beginning. (B) Beginning at the intersection of Avenida Pantera and Calle Acervo; then, northerly, northwesterly and northerly along Calle Acervo to its intersection with Camino Lindo; then, northeasterly along an imaginary line from the intersection of Calle Acervo and Camino Lindo to its intersection with the western most point of Dusty Trail; then, easterly along Dusty Trail to its eastern most point; then, southeasterly along an imaginary line from the eastern most point of Dusty Trail to its intersection with the intersection of Country Rose Circle and Western Springs Road; then, southerly along Western Springs Road to its intersection with Fortuna Ranch Road; then, southwesterly along Fortuna Ranch Road to its intersection with Bumann Road; then, southeasterly along Bumann road to its intersection with Wildflower Drive; then, southerly along Wildflower Drive to its intersection with Wildflower Valley Drive; then, southwesterly along an imaginary line from the intersection of Wildflower Drive and Wildflower Valley Drive to its intersection with the northern most point of Circa De Tierra; then, southwesterly, southerly, southwesterly and westerly along Circa De Tierra to its intersection with Val Sereno Drive; then, southerly along Val Sereno Drive to its intersection with El Camino Del Norte; then, northwesterly along El Camino Del Norte to its intersection with Rancho Santa Fe Road; then, northerly and northwesterly along Rancho Santa Fe Road to its intersection with 13th Street; then, southeasterly along 13th Street to its intersection with C Street; then, northerly along C Street to its intersection with Desert Rose Way; then, southeasterly, northerly, northwesterly and northerly along Desert Rose Way to its northern most point; then, northerly along an imaginary line from the northern most point of Desert Rose Way to the point of beginning. (C) Beginning at the intersection of Alga Road and El Camino Real; then, northerly along El Camino Real to its intersection with Carillo Way; then, northeasterly along Carillo Way to its intersection with El Fuerte Street; then, southerly, southeasterly, southerly, southwesterly along El Fuerte Street to its intersection with Babilonia Street; then, southerly along an imaginary line from said intersection to its intersection with the intersection of Romeria Street and Gibralter Street; then, southwesterly and southerly along Gibraltar Street to its intersection with La Costa Avenue; then, southwesterly, westerly, northwesterly, westerly, southwesterly and westerly along La Costa Avenue to its intersection with El Camino Real; then, northerly along El Camino Real to the point of beginning. (D) Beginning at the intersection of El Camino Real and Del Mar Heights Road; then, northeasterly and easterly along Del Mar Heights Road to its intersection with Carmel Canyon Road; then, southerly and southwesterly along Carmel Canyon Road to its intersection with Carmel Country Road; then, southeasterly and southerly along Carmel Country Road to its intersection with Shaw Valley Road; then, southwesterly along Shaw Valley Road to its western most point; then, southwesterly along an imaginary line from the western most point of Shaw Valley Road to its intersection with the eastern most point of Carmel Creek Road; then, northwesterly along Carmel Creek Road to its intersection with State Highway 56; then, southwesterly along State Highway 56 to its intersection with Carmel Valley Road; then, southwesterly, northwesterly, northerly and northwesterly along Carmel Valley Road to its intersection with S Camino Del Mar; then, southerly along S Camino Del Mar to its intersection with the Amtrak railroad tracks; then, northerly along the Amtrak railroad tracks to its intersection with Coast Boulevard; then, southerly along Coast Boulevard to its intersection with 15th Street; then, northeasterly, southeasterly, northeasterly, northwesterly and northeasterly along 15th Street to its intersection with Crest Road; then, southeasterly from said intersection along an imaginary line to its intersection with Oribia Road and San Dieguito Drive; then, northerly, northeasterly and southeasterly along San Dieguito Drive to its intersection with the boundary line of Crest Canyon Open Space Park; then, easterly, southerly, easterly, southerly and easterly along the boundary line of Crest Canyon Open Space Park to its intersection with U.S. Interstate 5; then, southerly along U.S. Interstate 5 to its intersection with Del Mar Heights; then, northeasterly along Del Mar Heights Road to the point of the beginning. (E) Beginning at the intersection of Rancho Diegueno Road and San Dieguito Road; then, northwesterly, northerly and northeasterly to its intersection with El Apajo; then, northwesterly and westerly along El Apajo to its intersection with Via De La Valle; then, southerly and southwesterly along Via De La Valle to its intersection with Las Palomas; then, northwesterly along Las Palomas to its intersection with Puerta Del Sol; then, northwesterly along Puerta Del Sol to its intersection with Via Del Alba; then, northeasterly, southeasterly, northeasterly, northerly, northeasterly, northerly, northeasterly and easterly along Via Del Alba to its intersection with La Gracia; then, notherly, northeasterly, southwesterly, southeasterly, northeasterly, northwesterly, northerly and northeasterly along La Gracia to its intersection with Linea Del Cielo; then, northeasterly along Linea Del Cielo to its intersection with Via De Santa Fe; then, southeasterly and southerly along Via De Santa Fe to its intersection with El Sicomoro Street; then, easterly along El Sicomoro Street to its intersection with Via A La Casa; then, southeasterly along an imaginary line from said intersection to its intersection with the western most point of Via Barranca Del Zorro; then, easterly along Via Barranca Del Zorro to its intersection with Calle Camposeco; then, southerly and southeasterly along Calle Camposeco to its intersection with Circa Del Norte; then, northeasterly and southeasterly along Circa Del Norte to its intersection with San Dieguito Road; then, easterly and southeasterly along San Dieguito Road to its intersection with Camino Del Sur; then, southwesterly and southeasterly along Camino Del Sur to its intersection with Lazanja Pass; then, southwesterly along Lazanja Pass to its intersection with Caminito Lazanja; then, southeasterly and southerly along Caminito Lazanja to its intersection with Caminito Camelia; then, westerly and northwesterly along Caminito Camelia to its intersection with Vista Lazanja; then, southwesterly along Vista Lazanja to its intersection with Briza Placida; then, westerly along an imaginary line from the intersection of Vista Lazanja and Briza Placida to its intersection with Poco Lago; then, westerly along Poco Lago to its intersection with Rancho Santa Fe Farms Road; then, northerly along Rancho Santa Fe Farms Road to its intersection with Rancho Diegueno Road; then, westerly, northwesterly, northerly, northwesterly and westerly to the point of beginning. (c) Article and Commodities Covered. The following are declared to be hosts and possible carriers of Diaprepes root weevil. (1) Soil, sand, gravel or growing media moved separately or with other things, and any other articles which are infested or exposed to infestation by Diaprepes abbreviatus. (2) All nursery stock, plants and plant parts and plant products capable of propagation. (3) Any other product, article, or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of Diaprepes abbreviatusand the person in possession thereof has been so notified. (4) Dying or dead plant material without roots or soil (green waste). (5) Exemptions. The following articles are exempt from the provisions of this section: (A) seed; (B) bare rooted cacti; (C) fruits and vegetables grown above ground; (D) fleshy roots, corms, tubers, and rhizomes that are free of soil; (E) defoliated bare-rooted nursery stock; (F) privately-owned indoor decorative houseplants; (G) aquatic plants without soil, and those in containers with growing media if removed from water and shipped immediately; (H) shipments moving under special permit established by the Department to ensure such shipments do not present a pest risk; and (I) dying or dead plant material without roots or soil (green waste) that has been processed or handled or treated in a manner approved by the Secretary to eliminate live life stages of Diaprepes abbreviatusand is moved directly to a city or county sanitary landfill or State licensed compost facility within the quarantine area. (d) Restrictions. (1) Articles and commodities covered in Section (c) are prohibited movement within or from the area under quarantine except as provided in (A), (B) (C) or (D) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities originated from a site or facility which is apparently free from Diaprepes abbreviatus. (B) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been inspected or treated in a manner approved by the Department and are apparently free from Diaprepes abbreviatus. (C) If purchased at a retail sales location and accompanied by a sales receipt. (D) If the article or commodity was produced outside the area under quarantine and is being moved through the area under quarantine by direct route and without delay in vehicles or containers which prevent spillage of the article or commodity while en route through the area. (E) If the article or commodity covered is moved under the terms of a special permit as authorized under Title 3, Section 3154 of the California Code of Regulations. (2) Articles and commodities covered in subsection (c)(3) are prohibited movement within or from the area under quarantine except if cleaned and treated to the satisfaction of the county agricultural commissioner. Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. s 3550. Plant Products Exempt from Holding for Inspection. s 3551. Pear Decline Is "Pest." Note: Authority cited: Sections 16 and 100(a)(1), Food and Agricultural Code. s 3552. Hold Used Cotton Machinery for Inspection in San Joaquin Valley Quality Cotton District. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Sections 52851-52855, 52901, and 52971-52976, Food and Agricultural Code. s 3555. Dissemination of Pests Through the Agency of Appliances. Note: Authority cited: Sections 407 and 5741, Food and Agricultural Code. s 3556. Dissemination of Weed Pests Through the Movement of Feed Grain. The Secretary of the California Department of Food and Agriculture designates feed grain as a thing liable to be infested with pests. Any person receiving or moving feed grain from within the state shall notify the county agricultural commissioner of the arrival of such grain, and hold the same for inspection by the commissioner, without unnecessarily moving or placing such grain where it may grow or be disseminated or contaminate clean grain. The commissioner may waive the requirement of notification of arrival and holding for inspection at destination on shipments which are accompanied by a certificate of cleanliness or the commissioner may waive the requirement of holding uncertified shipments for inspection if any such shipment is destined to a mill or establishment which has been approved by the Secretary or Commissioner as being capable of processing or storing feed grain infested with weed seed pests in such a manner that no contamination of clean grain or dissemination of the pests would result. The Secretary will issue a list of approved mills and establishments showing their locations, weed seed pests each may receive, and the approved methods of handling infested feed grain. (a) Definitions. As used in this section: (1) "Feed grain" means the whole seed or seed-like fruits of grain, including wheat, barley, oat, rye, sorghum, and corn, for any use other than planting (2) "Restricted weed seed pests liable to be disseminated through the movement of feed grain" means viable seed or propagule of the following weeds: Acroptilon repents, Russian knapweed; Alhagi maurorum, camelthorn; Cardaria chalepensis, lens-podded hoary cress; Cardaria draba, heart-podded hoary cress; Cardaria pubescens, globe-podded hoary cress; Centaurea solstitialis, yellow starthistle; Cirsium avense, Canada thistle; Convolvulus arvensis, field bindweed; Elytrigia repens, quackgrass; Euphorbia esula, leafy spurge; Gaura coccinea, scarlet gaura; Gaura drummondii, scented gaura; Gaura sinuata, wavyleaf gaura; Helianthus ciliaris, blueweed; Lepidium latifolium, perennial peppercress; Rorippa austriaca, Austrian fieldcress; Salvia virgata, meadow sage; Setaria faberi, giant foxtail; Solanum carolinense, Carolina horse nettle; Solanum elaeagnifolium, white horsenettle; Sonchus arvensis, perennial sowthistle; Sorghum halepense, Johnsongrass. (b) Standards of Cleanliness for Feed Grain. To be eligible for certification under provisions of this section, feed grain shall be free of mature seed or propagule of restricted weed seed pests liable to be disseminated through the movement of feed grain, as listed in subsection (a)(1), except that a tolerance shall be allowed of up to five (5) seeds each of Johnsongrass, field bindweed, and yellow starthistle, per pound of feed grain examined. (c) Certificates of Cleanliness may be issued by the commissioner whenever adequate inspection has been made of the field or when samples are drawn from any conveyance, mill, or storage facility and it has been determined that the feed grain meets the standard of cleanliness. Continued identity of all such certified feed grain shall be maintained to prevent commingling with uninspected or infested feed grain. (d) Inspection Counties. Any commissioner who elects to accept certificates of cleanliness issued in compliance with this section, shall so notify the Secretary in writing. The Secretary will issue a list of counties where certificates of cleanliness will be accepted. (e) Disposition of Infested Shipments. Any shipment of feed grain found to be infested with the seed of any pest not of common occurrence in the county or locality into which such shipment is brought is subject to the provisions of Sections 6341 to 6344, inclusive, of the Food and Agricultural Code. With the approval of the commissioner at destination, such shipments may be allowed to move in quarantine to an approved mill or establishment. Note: Authority cited: Sections 407 and 5721, Food and Agricultural Code. Reference: Sections 5721 and 6501, Food and Agricultural Code. s 3557. Seed Screenings and Cleanings. The Secretary of the Department of Food and Agriculture promulgates this regulation pertaining to seed screenings and cleanings for the purpose of preventing the dissemination of the seed of any pest through the movement of seed screenings or cleanings from crop seed. (a) Definitions. As used in this Section: (1) "Screenings" means seed screenings or cleanings from crop seeds, and includes all products or materials removed from crop seed by any means whatsoever. (2) "Pest" means any form of vegetable life that is or is liable to be dangerous or detrimental to the agricultural industry of the state. (3) "Crop seed" means the seed or seed-like fruit of grain, beans, flax, beets, onions or any other crop, whether or not intended for planting purposes. (4) "Processing" means cleaning, grinding or other treatment, including destruction, of screenings to prevent the dissemination of the seed of any pest or render the seed of any pest present or liable to be present incapable of reproduction. (b) Inspection. (1) If upon inspection the county agricultural commissioner finds the screenings to be free of the seed of any pest and the screenings will be utilized in his county, he shall release the screenings with an inspection and release stamp. The lot of screenings shall be marked or segregated in order to maintain its identity until final disposition. (2) If upon inspection the commissioner finds the screenings to contain the seed of any pest, he shall notify the person in possession that such screenings are subject to the processing requirements as set forth in Section 7571 to 7581, inclusive, Food and Agricultural Code. If the grower of the crop seed from which the screenings were removed elects to have the screenings returned, they may be returned to the growing origin under permit as provided in subsection (d)(1), (c) Approved Processing Mills or Establishments. (1) Any person operating a mill or establishment which processes screenings containing the seed of any pest may apply to the commissioner for approval of the equipment and operating procedures. Approval for processing shall be granted whenever the commissioner determines that the equipment is adequate and is operated in such a manner, to handle screenings without risk of disseminating the seed of any pest or to render the seed of any pest incapable of reproduction. (2) Approval may be withdrawn at any time upon determination by the commissioner that the terms of approval are not complied with. (3) The Commissioner shall list with the Secretary, all mills and establishments for which approval has been granted, together with the conditions, if any, of such approval, and shall notify the Secretary of any approval withdrawn, and the reasons therefore. The Secretary will issue a list of mills and establishments approved by county agricultural commissioners showing their locations and the source of screenings and cleanings approved for each listing. (d) Permits. (1) Applications for permits to move screenings containing the seed of any pest for destruction, processing or return to growing origin shall be made to the Commissioner of the county in which the screenings are located. No permit shall be issued for movement of screenings into another county except to processing mills and establishments approved by the commissioner of the county of destination, as provided in subsection (c). (2) Permits shall be in writing, listing the name and address of the permittee, owner or person in possession of the screenings, and the name of the approved processing establishment receiving the screenings. A statement naming the pest or pests present and any other conditions governing the use of the permit such as tightly closed containers, holding for destination inspection, and expiration date may be included. The original of each permit shall be signed by the enforcing officer. Note: Authority cited: Sections 407 and 7502, Food and Agricultural Code. Reference: Sections 7502, 7571, 7572, 7573, 7575 and 7576, Food and Agricultural Code. s 3558. Insects Which May Be Imported or Shipped Into or Within California Without a Permit. Section 6305 of the Food and Agricultural Code requires persons to obtain a permit from the director or the United States Department of Agriculture to import into, or ship or transport within, the state live insects except for certain exemptions. One of these exemptions is for beneficial or useful insects of common occurrence in the state. To identify which beneficial insects do not require a permit to import into, or ship or transport within, the state the following lists are provided. However, as with all insect shipments they shall be rejected when the insects are moved in conjunction with host plants or other host organisms when such hosts would normally be rejected if moving independently. (a) Insects for which a permit is not required: Acmon blue (Plebejus acmon) Alderflies, dobsonflies (Megaloptera) Alfalfa butterfly (Colias eurytheme) Alkali bees (Nomia melanderi) Almond moth (Cadra cautella) American cockroach (Periplaneta americana) American painted lady (Vanessa virginiensis) Angelwinged katydid (Microcentrum rhombifolium) Angoumois grain moth (Sitogroga cerealella) Anise swallowtail (Papilio zelicaon) Antlions (Myrmeleontidae) Argentine ant (Linepithema humile) Armyworm(Pseudaletia unipunctata) Backswimmers (Notonectidae) Beet armyworm (Spodoptera exigua) Black blow fly (Phormia regina) Black cutworm (Agrotis ipsilon) Bluebottle fly (Calliphora vicina) Buckeye butterfly (Precis coenia) Caddisflies (Trichoptera) Cat flea (Ctenocephalides felis) California dogface butterfly (Colias [Zerene] eurydice) California ringlet (Coenonympha californica) California sister (Adelpha bredowii) Carolina mantid (Stagomantis carolina) Ceanothus silk moth (Hyalophora euryalis) Chalcedon checkerspot (Euphydryas chalcedona) Checkered white (Pieris [Pontia] protodice) Chinese mantid (Tenodera aridifolia sinensis) Cigarette beetle (Lasioderma serricorne) Clodius Parnassian (Paranassius clodius) Clouded sulfur (Colias pholidice) Cloudless sulfur (Phoebis sennae) Codling moth (Cydia pomonella) Common black field cricket (Gryllus sp.) Common checkered skipper (Pyygus communis) Confused flour beetle (Tribolium confusum) Convergent ladybird beetle (Hippodamia convergens) Corn earworm (Helicoverpa zea) Damselflies, dragonflies (Odonata) Darkling beetles (Eleodes spp.) Dermestid beetles (Anthrenus flavipes, Anthrenus scrophulariae, Attagenus megatoma) Diamondback moth (Plutella xylostella) Diplurans (Diplura) Dobsonflies (Coryalidae) Dog flea (Ctenocephalides canis) Embiids (Embioptera) European earwig (Forificula auricularia) European mantid (Mantis religiosa) Fall armyworm (Spodoptera frugiperda) Field cresent (Phyciodes campestris) Firebrat (Thermobia domestica) Flesh fly (Sarcophaga haemorrhoidalis) German cockroach (Blatella germanica) Giant black water beetle (Hydrophilus triangularis) Giant lacewings (Polystoechotidae) Giant roach (Blaberus giganteus) Green lacewing (Chrysopa carnea) Green peach aphid (Myzus persicae) Greenbottle flies (Phaenicia sericata, P. pallescens=P. cuprina) Greenhouse thrips (Heliothrips haemorrhoidalis) Greenhouse whitefly (Trialeurodes vaporariorum) Gulf fritillary (Agraulis vanillae) Harlequin bug (Murgantia histrionica) Harvester ants (Pogonomyrmex californicus) Harvestman (Phalangida) Hissing cockroach (Gromphadorhina portentosa, Gromphadorhinaspp.) House cricket (Acheta domesticus) House fly (Musca domestica) Human flea (Pulex irritans) Imported cabbage butterfly (Artogeia rapae) Indian meal moth (Plodia interpunctella) Iris mantid (Iris oratoria) Jerusalem crickets (Stenopelmatus spp.) Large milkweed bug (Oncopeltus fasciatus) Leaf cutter bees (Megachile rotundata) Limibatid mantid (Stagomantis limibata) Little house fly (Fannia canicularis) Lorquin's admiral (Limenitis [Basilarchia] lorquini) Mayflies (Ephemeroptera) Meal moth (Pyralis farinalis) Mealworms (Tenebrio molitor andT. obscurus) Mealybug destroyer (Cryptolaemus montrouzieri) Mediterranean flour moth (Anagasta kuehniella) Milbert's tortoise shell (Aglais milberti) Millipedes (Diplopoda) Mourning cloak butterfly (Nymphalis antiopa) Mylitta crescent (Phyciodes mylitta) Naval orangeworm (Amyelois transitella) Orange dog butterfly (Papilio cresphontes) Oriental cockroach (Blatta orientalis) Painted lady butterfly (Vanessa cardui) Pale swallowtail (Papilio eurymedon) Pauropods (Pauropoda) Pine white (Neophasia menapia) Pipevine swallowtail (Battus philenor) Polyphemus silkmoth (Antheraea polyphemus) Pomace flies (Drosophilaspp.) Potato tuberworm (Phthorimaea operculella) Proturans (Protura) Psuedoscorpions (Chelonethida) Queen (Danaus gilippus) Red admiral butterfly (Vanessa atalanta) Rock crawlers (Grylloblattodea) Sara orangetip (Anthocaris sara) Satyr anglewing (Polygonia satyrus) Scorpionflies (Mecoptera) Symphlids (Symphyla) Silkworm (Bombyx mori) Silverfish (Lepisma saccharina) Small milkweed bug (Lygaeus kalmii) Snakeflies (Raphidoptera) Stable fly (Stomoxys calcitrans) Stag beetles (Lucanidae) Stoneflies (Plecoptera) Tenodera mantid (Tenodera augustipennis) Timemas (Timemidae) Tobacco hornworm (Manduca sexta) Tomato hornworm (Manduca quinquemaculata) Twisted wing parasites (Strepsiptera) Two-tailed swallowtail (Papilio multicaudata) Velvent ants (Mutillidae) Walnut husk fly (Rhagoletis completa) Water boatman (Corixidae) Water striders (Gerris spp.) Waterbugs (Belostomatidae) Wax worm or bee moth (Galleria mellonella) Webbing clothes moth (Tineola biselliella) West coast lady (Vanessa annabella) Western tailed blue (Everes amyntula) Western tiger swallowtail (Papilio rutulus) Whip scorpions (Amblypygi, Microthelypohonida, Pedipalpida,andSchizopeltida) Whirligig beetles (Gyrinidae) White lined sphinx (Hyles lineata) Wind scorpions (Solpugida) Zephyr angelwing (Polygonia zephyrus) Zorapterans (Zoraptera) (b) Groups of insects for which a permit is not required when the insect species under consideration is of common occurrence in California. (1) Predacious species of beetles of the family Coccinellidae. (2) Predacious species of flies of the family Syrphidae. (3) Predacious species of Neuropterous insects of the family Chrysopidae. (4) Parasitic species of flies of the family Tachinidae. (5) Parasitic species of Hymenopterous insects of the families: Ichneumonidae, Braconidae, Aphelinidae, Chalcididae, Scelionidae, and Trichogrammatidae. (6) Insects that have been introduced and previously released in California for biological control of insect, weed, or other types of pests. Note: Authority cited: Sections 407 and 5302, Food and Agricultural Code. Reference: Section 6305, Food and Agricultural Code. s 3559. Garlic Production in Mono County. (a) The director finds that certain pests of garlic ( Allium satvium), namely stem and bulb nematode ( Ditylenchus dipsaci), white rot fungus ( Sclerotium cepivorum), garlic yellow stripe virus, and pink root ( Pyrenochaeta terrestris), are not known to occur in the garlic production areas of Mono County specified in (b). (b) A quarantine area is established, for the purpose of maintaining the pest cleanliness of garlic plantings in that area, which, for purposes of this section, is denominated as follows: (1) "Antelope Valley": Beginning at the intersection of the California-Nevada State Line and the southern portion of Topaz Lake; then southeasterly along said state line to Eastside Road; then southwesterly along Eastside Road to Interstate Highway 395; then westerly along an imaginary line to the border of Toiyabe National Forest; then northerly along an imaginary line to T9N; then easterly along T9N to Interstate Highway 395; then northerly along said highway to Topaz Lake; then southeasterly along Topaz Lake to the point of beginning; (2) "Benton, Hammil, and Chalfant Valleys": Beginning at the intersection of State Highway 6 and the California-Nevada State Line, then southeasterly along said state line to its intersection with the Inyo National Forest Boundary, then southerly and easterly along said boundary to its intersection with the Inyo-Mono County Line, then westerly along said county line to its intersection with Fish Slough Road, then northerly along said road to its intersection with Black Rock Mine Road, then northwesterly along Black Rock Mine Road to its intersection with Joe Maive Road, then northwesterly along said road to its intersection with Yellow Jacket Road, then northerly along Yellow Jacket Road to its intersection with State Highway 120, then due north along an imaginary line to the point it intersects the Inyo National Forest Boundary, then northasterly along said boundary to its intersection with the California-Nevada State Line, then southeasterly along said line to the point of beginning. (c) No garlic plant or part thereof shall be planted or maintained in any state of cultivation in the quarantine area unless a written application has been received and a permit has been issued by the director or the Agricultural Commissioner for Mono County. Such permit shall be issued provided the garlic is the progeny of plants tested by the University of California and found free of the garlic yellow stripe virus; has been produced under the provisions of Section 3044 et seq., "California Certified Seed Garlic," or is accompanied by a certificate issued by a State or county agricultural regulatory official verifying the garlic is of equivalent pest status as garlic produced under said provisions; and provided the director or commissioner determines the garlic covered by the permit is free of the pests specified in subsection (a) and other serious pests of garlic. (d) No person shall bring into the quarantine area any machinery, parts of machinery, tools, equipment, or other appliances which have been used in garlic fields outside the quarantine area unless those appliances have been treated for garlic pests which may be carried on them. The treatment shall include a high-pressure steam cleaning or washing with water under pressure to remove all soil and debris, followed by treatment with a fungicide. The agricultural commissioner shall be immediately notified of the arrival in the quarantine area of such appliances which shall be held for inspection by the commissioner before use in the quarantine area. If, upon inspection, soil or debris is detected, the appliances shall be treated, as specified above,or removed from the quarantine area. Note: Authority cited: Sections 407 and 5302, Food and Agricultural Code. Reference: Section 5302, Food and Agricultural Code. s 3560. Facility Service Charges and User Fees. (a) Pursuant to sections 5351 and 5353(a), each air carrier or foreign air carrier shall pay a service charge of forty-three dollars ($43) to the Secretary upon the initial landing in California of each flight of the carrier which originated outside the United States from a country to which a current United States Department of Agriculture quarantine or California Department of Food and Agriculture quarantine is applicable, or which made an intermediate stop on that flight in such a country. Any carrier may apply for an exemption from Department inspection and payment of the fee as to particular flights on the basis that the aircraft's operations and other inspections and certifications provide adequate compliance with the objectives of the Act. (b) Pursuant to sections 5352 and 5353(b), each marine carrier engaged in foreign commerce shall pay a user fee of one hundred dollars ($100) to the Secretary upon the initial arrival in California of a carrier's vessel on a voyage which originated outside the United States from a country to which a current United States Department of Agriculture quarantine or California Department of Food and Agriculture quarantine is applicable, or which made an intermediate stop on that voyage in such a country. Any carrier may apply for an exemption from Department inspection and payment of the fee as to particular voyages on the basis that the carrier's operations and other inspections and certifications provide adequate compliance with the objectives of the Act. (c) Each air and marine carrier subject to the above charges or fees shall file a return quarterly in the form prescribed by the Secretary, verified by the company officer primarily responsible for supervising the preparation of the return and assuring its accuracy. The return accompanied by full payment, shall be timely filed so as to be received by the Cashier of the California Department of Food and Agriculture within thirty (30) days following the quarters ending on March 31, June 30, September 30 and December 31. Returns not received by such dates, or received without required information and verification, shall be subject to the penalty prescribed by section 5353, subsection (d). Note: Authority cited: Sections 407 and 5351 through 5353, Food and Agricultural Code. Reference: Sections 5350 through 5353, Food and Agricultural Code. s 3580. Citrus Whitefly Districts. Note: New Authority cited: Sections 407 and 5901, Food and Agricultural Code. Reference: Sections 5901-5907, Food and Agricultural Code. s 3581. Sweetpotato Weevil Control Area. (a) Proclamation of Control Area. That portion of the State of California described as follows, within which a certain pest, sweetpotato weevil (Cylas formicarius elegantulus), is known to exist or which has been exposed to infestation, is hereby proclaimed to be a control area with respect to said pest: (1) Control Area. That portion of San Diego County bounded by a line drawn as follows: Beginning at the intersection of Sunset Cliffs Boulevard and Interstate Highway 8; then, easterly along Interstate Highway 8 to its intersection with Japatul Road; then, southwesterly along said road to its intersection with Lyons Valley Road; then, southwesterly along Lyons Valley Road to its intersection with Barrett Lake Road; then, southeasterly and southerly along Barrett Lake Road to its intersection with State Highway 94; then, southeasterly along said highway to its intersection with State Highway 188; then, southerly along State Highway 188 to its intersection with the United States-Mexico border; then, westerly along said border to its intersection with the Pacific Ocean coastline; then, northerly along said coastline to its intersection with the San Diego River; then, easterly along said river to its intersection with Sunset Cliffs Boulevard; then, southwesterly along said boulevard to the point of beginning. (b) Hosts. Sweet potato plants and all plant parts except seed and including vines, draws, and slips, and sweet potato roots, also called yams, camote, batatas, boniatos, buniatos, and moniato (Ipomoea batatas), and morning-glory plants (Ipomoea spp., Calystegia spp., and Convolvulus spp.). (c) Possible Carriers. Possible carriers include all appliances used in the growing, harvesting, processing, storage, and movement of hosts, including but not limited to field bins, nursery and production growing areas, storage areas and facilities, trucks, tractors, harvesting equipment, processing equipment and facilities, and any other grounds, appurtenances, or things which the Department determines to be capable of harboring or spreading any stage of sweetpotato weevil. (d) Means and Methods. The following means and methods may be used by the Department in the control or eradication of sweetpotato weevil within the control area: (1) The search for all life stages of sweetpotato weevil by visual inspection, the use of traps, or any other means. (2) The use of insecticides, chemicals, or other materials as fumigant, spray, dust, bait, or in any other form as often as necessary to effect control or eradication. (3) The cleaning and treatment of possible carriers. (4) The removal and destruction of hosts if the action is the only practical way of controlling or eliminating the infestation. (5) The removal and immediate destruction of infested host material. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5321 and 5322, Food and Agricultural Code. s 3585. Western Grapeleaf Skeletonizer Eradication Area. s 3586. Western Cherry Fruit Fly Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761, Food and Agricultural Code. s 3587. Hall's Scale Eradication Area. Note: Authority cited: Sections 16 and 108, Agricultural Code. s 3588. Mexican Fruit Fly Eradication Area. (a) Proclamation of Eradication Area. All of the Counties of Riverside, San Bernardino, San Diego and Los Angeles, State of California, within which the Mexican fruit fly, Anastrepha ludens, is known to exist, are hereby proclaimed to be an eradication area with respect to said pest. As such, it is amenable to the provisions of article 4 (sections 5761-5764) of chapter 8, part 1, division 4 of the Food and Agricultural Code of California. (b) Hosts. All citrus fruits except lemons and sour limes; mangoes, sapotas (including sapodillas and the fruit of all members of the family Sapotaceae, and of the genus Casimiroa and all other fruits commonly called sapotas or sapotes) apples, apricots, ciruelas, guavas, mameys, peaches, pears, plums, pomegranates, quinces, and fruits of species of the genus Sargentia. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area. (1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other form as often as necessary to effect control or eradication. (2) The removal and destruction of hosts and of the fruit of such hosts if such action is the only practical way of eliminating the infestation. (3) The search for all stages of Mexican fruit fly by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts. (5) The importation, rearing, or liberation of sterile forms of the Mexican fruit fly. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3589. Japanese Beetle Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Japanese beetle,Popillia japonica, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: San Diego County. (b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the Japanese beetle. (c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area: (1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication. (2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation. (3) The searching for all stages of Japanese beetle by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts in any stage of development. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761, 5762 and 5763, Food and Agricultural Code. s 3589.1. Whitefringed Beetle Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, whitefringed beetle, Graphognathus leucoloma, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: The entire County of San Bernardino. (b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the whitefringed beetle. (c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area: (1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication. (2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation. (3) The searching for all stages of whitefringed beetle by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts in any stage of development. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3589.2. Sweet Potato Weevil Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3590. Pink Bollworm Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows within which pink bollworm ( Pectinophora gossypiella) is known to exist is hereby declared to be an eradication area. The entire counties of Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Benito, San Bernardino, San Diego, and Tulare. (b) Definition. The following definitions are applicable to this section. (1) Pest. Pink bollworm ( Pectinophora gossypiella). (2) Hosts. Cotton ( Gossypium), okra ( Hibiscus esculentus), kenaf ( Hibiscus cannibinus) plants and plant parts and any crop residues thereof or any other plant which by investigation is shown to be capable of sustaining pink bollworm in any stage of development. (3) Possible Carriers. Possible carriers shall include all appliances used in the growing, harvesting, processingand hauling of seed cotton, cottonseed or cotton by-products including but not limited to tractors, trailers, trucks, planting, picking and shredding equipment, cotton gin and processing machinery, the grounds and appurtenances thereto and any lands where host plants are growing or were grown during the past season, or any other thing which by investigation is shown to be capable of harboring or spreading any stage of the pink bollworm. When the Director or Commissioner deems it necessary, no person shall move any vehicle, appliance, plant or plant parts or thing that is restricted in the Pink Bollworm Eradication Area except under permit issued by the Commissioner. (c) Implementing Procedures. In controlling pink bollworm of cotton, Agricultural Commissioners shall be responsible to the Director and shall carry out in their counties programs prescribed by the Director. The Commissioner or the Director may elect, as necessary, to implement some or all of the control methods stated in paragraph (d) and may require persons in possession of property upon which cotton is growing or stored or which contain other hosts of pink bollworm, to use these control methods. Host plants on such property which are not brought into compliance as required, and so maintained, shall be deemed a public nuisance and subject to abatement procedures at the expense of the owner or person in possession. (d) Control Methods (1) The repeated application of insecticidal or herbicidal sprays or dusts or biological agents by approved methods to host plants or possible carriers capable of harboring or spreading the pink bollworm. (2) "Control Methods" and "Requirements for Further Planting" as stated in Section 3595. (3) Visual or mechanical survey to establish the efficacy of treatments and to determine further spread of pink bollworm. (4) Cleanup or treatment of all cotton production and harvesting appliances and farm sites. (5) Continuous processing or treatment of gin trash through approved insect-killing fans or other approved methods. (6) Closure of cotton gins followed by cleanup or treatment by approved methods of said gins and gin yards. (7) Tarping or construction of all trucks, trailers and other appliances hauling unprocessed seed cotton, contaminated cottonseed or unprocessed gin trash to or from cotton gins, or elsewhere, to prevent spillage or blowout along roads. (8) Registration of cotton production equipment including, but not limited to, planters, pickers, tractors, cotton trailers and shredding equipment. (9) Other methods determined necessary in eradicating or controlling pink bollworm, applied to particular plantings, including destruction of growing cotton plants and soil treatments. (e) Permits for Movement of Restricted Articles. When it has been determined by the Director or Commissioner that, due to contamination with live pink bollworm, a hazard of spread of pink bollworm is presented by movements of any product or article of any character whatsoever, the Commissioner at the direction of the Director shall require safeguards and restrict movements of hosts and possible carriers and contaminated products and articles within the eradication area. Notice of such fact shall be given to the person having custody thereof. Thereafter such contaminated product or article may be moved only after it has been cleaned, treated, or otherwise disinfected to the satisfaction of the Commissioner. Permits may be issued by the Director or the Commissioner through a signed agreement with a person engaged in moving within the eradication area of hosts and possible carriers or contaminated products and articles for limited handling, utilization or processing, or for treatment. When the Director or Commissioner deems it necessary, persons intending to move any host or possible carrier or any contaminated product or article shall make application for inspection as far in advance of movement as possible, shall so handle such things as to safeguard them from infestation, and shall assemble them at such points and in such manner as the Director or Commissioner shall designate to facilitate inspection. Permits may be revoked and further permits may be refused by the Director or Commissioner whenever either one determines that the further use of such permits would in the Director's or Commissioner's judgment result in the spread of the pink bollworm. Because of the nature of said pest, the permit shall be subject to summary revocation for cause at the Commissioner's discretion. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code. s 3591. Woolly Whitefly Eradication Area. Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code. s 3591.1. Comstock Mealybug Eradication Area. Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code. s 3591.2. Oriental Fruit Fly Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the Oriental fruit fly,Bactrocera dorsalis, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amenable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4 of the Food and Agricultural Code of California. (1) All of the County of Los Angeles. (2) All of the County of Orange. (3) All of the County of San Diego. (4) All of the County of Santa Clara. (5) All of the County of Alameda. (6) All of the County of San Bernardino. (7) All of the County of Contra Costa. (8) All of the County of Santa Barbara. (b) Hosts. All fruit (including nuts, dates, and berries), many kinds of vegetables, cotton, and the fruiting bodies of many wild and ornamental plants are known to be hosts or possible hosts of the oriental fruit fly. All these items that are infested or are exposed to infestation by the oriental fruit fly are declared a public nuisance. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area: (1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other manner as often as necessary to effect eradication. (3) The search for all stages of oriental fruit fly by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts. (5) The importation, rearing, liberation, and fostering of parasites and predators which attack oriental fruit fly. (6) The importation, rearing, or liberation of sterile forms of the oriental fruit fly. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code. s 3591.3. Dutch Elm Disease Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3591.4. Tuliptree Scale Eradication Area. Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code. s 3591.5. Mediterranean Fruit Fly Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the Mediterranean fruit fly, Ceratitis capitata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amenable to the provisions of Article 4 (commencing with Section 5761) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California. (1) The entire county of Los Angeles. (2) The entire county of Santa Clara. (3) The entire county of San Bernardino. (4) The entire county of Orange. (5) The entire county of San Diego. (6) The entire county of Riverside. (7) The entire county of Ventura. (b) Hosts. All fruit (including nuts and berries), vegetables (other than leafy types grown above ground,) and the fruiting bodies of many ornamental and wild plants are known to be hosts or possible hosts of Mediterranean fruit fly. All these items (along with soil under or near plants bearing these items) that are infested or are exposed to infestation by Mediterranean fruit fly, are declared a public nuisance. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area. (1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other manner as often as necessary to effect control. (2) The removal and destruction of all plant parts known or suspected to harbor any stage of said pest. (3) The searching for all stages of Mediterranean fruit fly by visual inspection, the use of taps, or any other means. (4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts. (5) The importation, rearing, liberation, and fostering of parasites and predators which attack Mediterranean fruit fly. (6) The importation, rearing, or liberation of sterile forms of the Mediterranean fruit fly. Note: Authority: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3591.6. Gypsy Moth Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which gypsy moth, Lymantria dispar, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such is amenable to the provisions of Article 4 (Sections 5761, 5762, and 5763) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California. (1) The entire counties of Los Angeles, Marin, Nevada, Orange, Riverside, San Diego, San Mateo, Santa Barbara and Santa Cruz. (b) Hosts and Possible Carriers. Trees, shrubs with persistent woody stems, and parts of such trees and shrubs (except seed, fruits, and cones); timber and timber products, including but not limited to lumber, planks, poles, logs, cordwood, and pulpwood; mobile homes and recreational vehicles, and associated equipment, moving from infested properties; outdoor furniture; and any other products, articles, or means of conveyance, of any character whatsoever when it is determined by an inspector that they present a hazard of spread of the gypsy moth and the person in possession thereof has been so notified. All these items that are infested or are exposed to infestation by gypsy moth are declared a public nuisance. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area. (1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other form as often as necessary to effect control. (2) The removal and destruction of trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier. (3) The searching for all stages of gypsy moth by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing gypsy moth in any stage. (5) The importation, rearing, liberation, and fostering of parasites and predators of the gypsy moth. (6) The importation, rearing, or liberation of sterile forms of the gypsy moth. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761, 5762 and 5763, Food and Agricultural Code. s 3591.7. Hydrilla Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761 and 6048, Food and Agricultural Code. s 3591.8. Khapra Beetle Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3591.9. Cotton Boll Weevil Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which cotton boll weevil ( Anthonoms grandis) is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such is amenable to the provisions of Article 4 (Sections 5761-5763) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California. (1) The entire counties of Imperial, Riverside, and San Bernardino. (b) Hosts. Cotton ( Gossypium spp.) plants and parts thereof and any other plant which by investigation is shown to be capable of sustaining cotton boll weevil in any stage of development. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area. (1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication. (2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation. (3) The searching for all stages of cotton boll weevil by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts in any stage. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761 through 5763, Food and Agricultural Code. s 3591.10. Apple Maggot Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3591.11. Caribbean Fruit Fly Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3591.12. Peach Fruit FlyEradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which peach fruit fly,Bactrocera zonata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such, it is amenable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California. (1) The entire county of Alameda. (2) The entire county of Fresno. (3) The entire county of Los Angeles (4) The entire county of Riverside. (5) The entire county of Santa Clara. (b) Hosts. (1) Fruit of the following plants: Apple. pomegranate, mango, peach, pear, citrus, date, loquat, cucumber, melon, tomato, guava, fig, and any other plants determined by the director to produce fruit which is attached byBactrocera zonata. (2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit. (c) Means and method. The following means and methods may be used in the eradication and control of said pest in said area: (1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication. (2) The removal and destruction of hosts, including plants of hosts, if such is a practical way of eliminating the infestation. (3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts. (5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly. (6) The importation, rearing, or liberation of sterile forms of the fly. Note: Authority cited: Sections 407 and 5322, Food and Agriculture Code. Reference: Sections 5761 through 5764, Food and Agricultural Code. s 3591.13. Guava Fruit Fly Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, guava fruit fly ( Bactrocera correcta ), is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: The entire counties of Los Angeles, Orange, Sacramento, San Diego and Santa Clara. (b) Hosts. (1) Fruit of the following plants: citrus, Eugenia spp., guava, mango, Prunus spp., Zizyphus spp., and any other plants determined by the director to produce fruit which is attacked by guava fruit fly. (2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area: (1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other manner as often as necessary to effect eradication. (2) The removal and destruction of all plant parts known or suspected to harbor any stage of said pest. (3) The search of all stages of guava fruit fly by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts. (5) The importation, rearing, liberation, and fostering of parasites and predators which attack guava fruit fly. (6) The importation, rearing, or liberation of sterile forms of guava fruit fly. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code. s 3591.14. African Honey Bee Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5006, 5761-5763 and 29007, Food and Agricultural Code. s 3591.15. Melon Fruit Fly Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the melon fruit fly, Bactrocera cucurbitae , is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amendable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4 of the Food and Agricultural Code of California. (1) The county of Los Angeles. (b) Hosts. (1) Fruit of the following plants: apple, avocado, cantaloupe, mango, peach, pear, citrus, cucurbits (melons and gourds), tomato, grape, fig, and any other plants determined by the department to produce fruit which is attacked by melon fruit fly. (2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area: (1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication. (2) The removal and destruction of hosts, including plants of hosts, if such action is a practical way of eliminating the infestation. (3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means. (4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts. (5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly. (6) The importation, rearing, or liberation of sterile forms of the fly. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3591.16. Red Imported Fire Ant Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, red imported fire ant, Solenopsis invicta , is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: (1) The entire county of Kern. (2) The entire county of Fresno. (3) The entire county of Stanislaus. (4) The entire county of Orange. (5) The entire county of Riverside. (6) The entire county of Los Angeles. (7) The entire county of Madera. (8) The entire county of Sacramento. (9) The entire county of Merced. (b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the red imported fire ant. (c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area: (1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication. (2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation. (3) The searching for all stages of red imported fire ant by visual inspection or any other means. (4) The removal and destruction of abandoned or unwanted hosts in any stage of development. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3591.17. Olive Fruit Fly Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761 through 5764, Food and Agricultural Code. s 3591.18. Asian Longhorned Beetle Eradication Area. (a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest,Anoplophora glabripennis(Asian longhorned beetle), is known to exist, are hereby proclaimed to be eradication areas with respect to said pest: The entire county of Sacramento. (b) Possible Carriers. Any and all premises, firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera:Acer(maple),Aesculus(horse chestnut), Albizia(mimosa),Betula(birch),Celtis(hackberry),Fraxinus(ash), Platanus(sycamore),Populus(poplar),Salix(willow),Sorbus(mountain ash), andUlmus(elm), and any other articles or things which are infested or exposed to infestation by Asian longhorned beetle, within said area. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area. (1) The repeated timely application of insecticides to any and all premises and possible carriers, and any other articles or things which are infested or exposed to infestation with Asian longhorned beetle. (2) The removal and destruction of any and all possible carriers, including trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier to prevent the spread or reinfestation of Asian longhorned beetle. (3) The searching for all stages of Asian longhorned beetle by visual inspection, the use of traps, or any other means anywhere within the said area. (4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing Asian longhorned beetle in any life stage. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code. s 3591.19. Diaprepes abbreviatus Eradication Area. (a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest,Diaprepes abbreviatus (West Indian sugarcane root borer or Diaprepes root weevil), is known to exist, are hereby proclaimed to be eradication areas with respect to said pest: The entire counties of Los Angeles, Orange and San Diego. (b) Hosts and Possible Carriers, Within Said Area. (1) Any and all premises, soil, sand, gravel or growing media moved separately or with things. (2) All nursery stock and plants and plant parts and plant products capable of propagation. (3) Any other articles which are infested or exposed to infestation byDiaprepes abbreviatus. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area. (1) The repeated timely application of insecticides to any and all premises and possible carriers, and any other articles or things which are infested or exposed to infestation withDiaprepes abbreviatus. (2) The removal and destruction of any and all possible carriers, including nursery stock or trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier to prevent the spread or reinfestation ofDiaprepes abbreviatus. (3) The searching for all stages ofDiaprepes abbreviatus by visual inspection, the use of traps, or any other means anywhere within said area. (4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearingDiaprepes abbreviatus in any life stage. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code. s 3592. White Garden Snail Eradication Area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3595. Cotton Pests Host-Free Districts. (a) Proclamation. The secretary finds that infestations of pink bollworm and cotton boll weevil in cotton growing areas of California present a threat of further spread of pink bollworm and cotton boll weevil and that it is impracticable to eradicate said pests or to prevent the continuing spread of said pests unless cotton plants are not grown, cultivated, or maintained during certain periods of time. (b) Definitions. The following definitions are applicable to this section. (1) Pests. Pink bollworm (Pectinophora gossypiella ) and cotton boll weevil (Anthonomus grandis ). (2) Hosts. Cotton (Gossypium ), okra (Abelmoschus [Hibiscus ] esculentus ), and kenaf (Hibiscus cannibinus ) plants and parts thereof, or any other plant which by investigation is shown to be capable of sustaining pink bollworm or cotton boll weevil in any stage of development. (c) Host-Free Districts. The following areas are declared cotton pests host-free districts. District 1. The entire counties of Inyo, Los Angeles, and San Diego and the entire county of San Bernardino except that portion described as follows: beginning at a point where U.S. Highway 95 intersects the California-Nevada border, then southerly along said highway to the San Bernardino-Riverside County line, east along said county line to the California-Arizona border, then easterly and northerly along the California-Arizona and California-Nevada borders to the point of beginning. District 2. The entire counties of Kern, Kings, and Tulare. District 3. The entire county of Fresno south of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County. District 4. The entire counties of Madera, Merced, and San Benito and that portion of Fresno County north of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County. District 5. The entire county of Riverside except the campus of the University of California at Riverside, that portion of San Bernardino County not in District 1, and Townships 9S and 10S of Imperial County. District 6. That portion of Imperial County described as follows: that area bounded by the California-Arizona border, the California-Mexico border, and the All American Canal from the Pilot Knob Power Station to Laguna Dam. District 7. That portion of Imperial County not included in Districts 5 and 6. (d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (f) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (f) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (f) below by December 31 of each year. All cotton plants in District five shall be destroyed in a manner described in subsection (f) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (f) below by December 15 of each year. All cotton plants in District seven shall be terminated in a manner described in subsection (e) below by October 1 of each year and destroyed in a manner described in subsection (f) below by December 1 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in District six prior to February 15 of each year. No cotton shall be planted in District seven prior to February 10 of each year. Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time. Requirements of this regulation do not pertain to picked cotton stored in ricks or modules. Unless otherwise amended, effective January 1, 2000 subsection (d) shall read: (d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (e) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (e) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (e) below by December 31 of each year. All cotton plants in Districts five and seven shall be destroyed in a manner described in subsection (e) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (e) below by December 15 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in Districts six or seven prior to February 15 of each year. Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time. Requirements of this regulation do not pertain to picked cotton stored in ricks or modules. (e) Method of Termination. To comply with termination requirements described in subsection (d), cotton plants shall be terminated by the application, at label dosages, of a chemical registered for use on cotton plants to cause the blooms, squares , and immature bolls to drop from the plants. Unless otherwise amended, effective January 1, 2000 subsection (e) shall read: (e) Method of Destruction. (1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition and assures that bolls remaining in the field are broken open and the parts scattered. (2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil. (f) Method of Destruction. (1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition, and assures that bolls remaining in the field are broken open and the parts scattered. (2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil. Unless otherwise amended, effective January 1, 2000 subsection (f) shall read: (f) Variances. (1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsection (d) and (e) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable. (2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes. (g) Variances. (1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsections (d), (e), or (f) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable. (2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes. (3) The secretary authorizes the agricultural commissioner of the county which includes District seven to grant variances to growers in District seven from compliance with the termination requirements of subsection (d). The secretary finds that it would be detrimental to the eradication or effective control of the pests to extend this variance authorization to all other districts or periods. The variances from compliance with the termination requirement may be granted under the following conditions: (A) The variance may allow a grower to delay termination of a maximum of 30% of the grower's total acreage until October 7, provided that the same grower also terminates an equal or greater acreage by September 25. (B) The grower shall enter into a compliance agreement with the agricultural commissioner by September 20 of the year for which the variance is requested. (C) All growers in District seven are eligible for the variance if the above conditions are met. Unless otherwise amended, effective January 1, 2000 subsection (g) shall be repealed. Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5322, 5552 and 5781-5784, Food and Agricultural Code. s 3596. Cotton Boll Weevil Host-Free Districts. Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5322, 5781 and 5784, Food and Agricultural Code. s 3597. Lettuce Root Aphid Host-Free Districts. The director finds that lettuce root aphid ( Pemphigus bursarius) exists in certain lettuce-growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means. (a) Hosts. Lombardy poplar ( Populus nigra Cv. 'Italica') and lettuce ( Lactuca sativa). (b) Host-Free Districts. The following areas are declared lettuce root aphid host-free districts: District 1. That portion of Monterey County bounded by a line drawn as follows: Beginning at the intersection of the Monterey Bay coastline and the Monterey - Santa Cruz County Line; then northeasterly along said county line to its intersection with Carpenteria Avenue; then southerly along said avenue to its intersection with Snyder Avenue; then westerly along an imaginary line from said intersection to the intersection of San Miguel Canyon Road and Lewis Road; then westerly along Lewis Road to its intersection with Dump road; then southwesterly along an imaginary line from said intersection to the intersection of Hall road and Elkhorn Road; then southerly along Elkhorn Road to its intersection with Elkhorn Slough; then southerly and westerly along said slough to its intersection with the Monterey Bay coastline; then northerly along said coastline to the point of beginning. District 2. That portion of Monterey County bounded by a line drawn as follows: Beginning at the intersection of Crazy Horse Road and San Juan Grade; then southeasterly along an imaginary line to the intersection of Inverson Road and Gloria Road; then southeasterly along an imaginary line from said intersection to the intersection of County Route G15 and Stonewall Canyon Road; then southeasterly along said road to its intersection with County Route 16; then southeasterly along an imaginary line from said intersection to the intersection of Deadman Gulch Road and Lynch Canyon; then westerly along Deadman Gulch Road to its intersection with Sargent's Road; then due west along an imaginary line from said intersection to its intersection with the Salinas River; then northerly along said river to its intersection with U.S. Highway 101; then northwesterly along an imaginary line from said intersection to the intersection Oasis Road and County Route 14, then northwesterly along an imaginary line from said intersection to the intersection of Central Avenue Hobson Road; then northwesterly along an imaginary line from said intersection to the intersection of County Route 17 and County Route 16; then northerly along an imaginary line from said intersection to the intersection of Clark Road and Paraiso Road; then northwesterly along an imaginary line from said intersection to the west end of Limekiln Road; then northwesterly along an imaginary line from said intersection to the intersection of Blanco Road and Reservation Road; then northwesterly along an imaginary line from said intersection to the northern intersection of Del Monte Boulevard and Lapis Road; then due west along an imaginary line from said intersection to the Monterey Bay coastline, then northerly along said coastline to its intersection with an imaginary line drawn due west from the intersection of Crazy Horse Road and San Juan Grade; then due east along said line to the point beginning. (c) Requirements. The planting, growing, cultivating, or maintenance in any manner of Lombardy poplar is prohibited in any lettuce root aphid host-free district unless a permit has been issued by the director or agricultural commissioner of the county in which the district is located. Any Lombardy poplar plant which is planted, growing, or being cultivated or maintained within a lettuce root aphid host-free district is a public nuisance and is subject to all the laws which relate to the abatement of such nuisance. Lettuce may be planted, grown, cultivated or maintained in any lettuce root aphid host-free district at any time, except when prohibited by Section 3611, California Code of Regulations. Note: Authority cited: Section 407 and 5781, Food and Agricultural Code. Reference: Section 5781-5783, Food and Agricultural Code. s 3600. Fees for Control and Eradication of Pink Bollworm. This section establishes procedures for collection of fees for control and eradication of pink bollworm or other related cotton pests as authorized by Section 6005 of the Food and Agricultural Code. (a) As used in this section, unless the context otherwise requires: (1) Ginner means any person who operates a cotton gin in California. (2) Grower means any person who owns or shares in the proceeds of a cotton crop grown in California. (b) The Director of Food and Agriculture, pursuant to Section 6005 of the Food and Agricultural Code hereby establishes fees for each bale of cotton grown in California. The fee shall vary in accordance with the protection afforded to the cotton crop in the area where the cotton is grown. The fees shall be: (1) For cotton grown in pink bollworm host-free districts; $2.00 per bale. (2) For cotton grown outside pink bollworm host-free districts; $0.50 per bale. (The pink bollworm host-free districts are defined in Section 3595, Title 3 of the California Code of Regulations.) The fees shall be payable by the grower of the cotton in accordance with procedures promulgated in this section which require collection at the time of ginning by California ginners on behalf of the Director for all cotton grown in the State. For California cotton ginned out of state, the growers shall pay the required fees to the Director of Food and Agriculture according to the assessment rate for the district or area where the cotton was grown. (c) Each ginner shall pay to the Director the sum collected or obligated to be collected for each calendar month before the fifteenth day of the following month. (d) Each grower who has cotton grown in California ginned outside of this State shall pay to the Director the sum owed for each calendar month before the fifteenth day of the following month. (e) Each ginner and grower shall accompany payments with a report in duplicate containing such information as is required by instructions of the Director. (f) Each ginner and grower shall maintain such books and records as are necessary to verify reports and remittances to the Director for two years. All such records shall be made available for inspection by the Director. (g) All information obtained by the Director from books, records and reports of ginners pursuant to this section shall be confidential. Note: Authority cited: Sections 407 and 6005, Food and Agricultural Code. Reference: Section 6005, Food and Agricultural Code. s 3601. Assessments for Control of Beet Leafhopper. This section establishes a schedule of, and procedures for the collection of, assessments for the crops shown in paragraph (g) below for the purpose of beet leafhopper control as authorized in sections 6032-6036 of the Food and Agricultural Code, added by Ch. 1017, Stats. 1970. (a) As used in this section, unless the context otherwise requires: (1) Producer-handler means a producer who operates as a handler, as to any crop in paragraph (g), produced. (2) Producer means any person who owns or shares in the proceeds of a crop subject to payment of assessment pursuant to this section. (b) The Director of Food and Agriculture, pursuant to Sections 6031-6036 of the Food and Agricultural Code, hereby establishes an assessment for each crop produced in each district stated in paragraph (g). The full amount of the assessment shall be collected from the producer by the first handler at the point and time that the crop is purchased or received by the handler, or in the case of a producer-handler when the crop is marketed. (c) The assessment collected from producers by handlers or due from producer-handlers with the exception of handlers of dry beans and/or vine seeds shall be paid to the Director before the 15th day of the following month. Assessments collected from producers by handlers or due from producer-handlers of dry beans and/or vine seeds shall be paid to the Director annually by April 1 for products cleaned during the crop year. (d) Each handler or producer-handler shall accompany payments with a statement in duplicate containing such information as is required by instructions of the Director. (e) Each handler or producer-handler shall maintain for four years such books and records as are necessary to verify reports and remittances to the Director. All such records shall be made available for inspection by the Director. (f) All information obtained by the Director from books, records, and reports of handlers or producer-handlers pursuant to this section shall be confidential. (g) The assessments are as follows: District I -Imperial and Riverside Counties. Assessment Rate Per Ton Crop (Dollars) Tomatoes.................. .271 Sugar Beets............... .041 Melons.................... .259 Watermelons............... .131 Cucumbers................. .253 Beans (Dry)............... .506 Beans (Green Lima)........ .433 Beans (Green Snap)........ .224 Peppers................... .194 Spinach................... .046 Squash (Green weight)..... .242 Pumpkin (Green weight).... .242 District II -Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains. Assessment Rate Per Ton Crop (Dollars) Tomatoes..................... .127 Sugar Beets.................. .053 Muskmelons (Green weight).... .283 Muskmelons (Vine seed)....... 15.577 Cucumbers (Green weight)..... .224 Cucumbers (Vine seed)........ 15.779 Beans (Dry).................. .832 Beans (Green Lima)........... .706 Beans (Green Snap)........... .349 Peppers...................... .338 Squash (Green weight)........ .241 Squash (Vine seed)........... 10.817 Pumpkin (Green weight)....... .241 Pumpkin (Vine seed).......... 10.817 Spinach...................... .073 Watermelon (Green weight).... .122 Watermelon (Vine seed)....... 9.307 District III -Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, Glenn, and Tehama counties. Assessment Rate Per Ton Crop (Dollars) Tomatoes..................... .019 Sugar Beets.................. .020 Muskmelons (Green weight).... .145 Muskmelons (Vine seed)....... 20.456 Cucumbers (Green weight)..... .088 Cucumbers (Vine seed)........ 5.500 Beans (Dry).................. .268 Beans (Green Lima)........... .300 Beans (Green Snap)........... .037 Peppers...................... .012 Spinach...................... .025 Watermelon (Vine seed)....... 2.515 Squash (Green weight)........ .110 Squash (Vine seed)........... 10.817 Pumpkin (Green weight)....... .110 Pumpkin (Vine seed).......... 10.817 District IV -Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara counties. Assessment Rate Per Ton Crop (Dollars) Tomatoes.................... .064 Sugar Beets................. .025 Muskmelons (Vine seed)...... 6.020 Cucumbers (Green weight).... .103 Cucumbers (Vine seed)....... 5.836 Beans (Dry)................. .521 Beans (Green Lima).......... .374 Beans (Green Snap).......... .332 Peppers..................... .270 Spinach..................... .053 Squash (Green weight)....... .103 Squash (Vine seed).......... 10.817 Pumpkin (Green weight)...... .103 Pumpkin (Vine seed)......... 10.817 Note: Authority cited: Sections 407, 6034 and 6036, Food and Agricultural Code. Reference: Sections 6034, 6035 and 6036, Food and Agricultural Code. <<(Chapter Originally Printed 7-25-45)>> s 3610. Western Celery Mosaic Host-Free Districts and Periods. The director finds that western celery mosaic virus (which is also known as celery mosaic, Apium virus 1, and Marmor umbelliferarum) exists in certain celery growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means. (a) Host. Celery ( Apium graveolens). (b) Host-Free Districts. The following areas are declared western celery mosaic host-free districts: District 1. That portion of San Luis Obispo County bounded by a line drawn as follows: Beginning at the point of junction of San Luis Obispo Creek and the mean high tide line of the Pacific Ocean (near the town of Avila); then northeasterly along the center line of San Luis Obispo Creek to the point of its intersection with the center line of U.S. Highway 101; then easterly (approximately 12 miles) along an imaginary line drawn from said intersection to the point of junction of Lopez Creek and Arroyo Grande Creek (near the west boundary of Sec. 33, T31S, R14E, MDM); then southerly (approximately 9 1/2 miles) along an imaginary line drawn from the junction of Lopez Creek and Arroyo Grande Creek through the southernmost corner of Lot No. 39 of Rancho Nipomo to its point of intersection with the center line of U.S. Highway 101; then westerly (approximately 8 miles) along an imaginary line drawn from said point on U.S. Highway 101 through the southwest corner of Lot No. 131 of Rancho Bolsa de Chemisal to its point of intersection with the mean high tide line of the Pacific Ocean; then along the mean high tide line of the Pacific Ocean in a northerly and westerly direction to the point of beginning. District 2. The entire County of Monterey. District 3. The entire County of Ventura. (c) Host-Free Periods. The following are declared host-free periods for the districts described in subsection (b): (1) At any place within the District, outside of greenhouses, in: (A) District 1, the host-free period shall commence on January 1 and end on January 31. (B) District 2, the host-free period shall commence on January 1 and end on January 31. (C) District 3, the host-free period shall commence on July 15 and end on August 4. (2) Inside of greenhouses within the District in: (A) District 1, the host-free period shall be any continuous eight day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager. (B) District 2, the host-free period shall be any continuous eight day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager. (C) District 3, the host-free period shall commence on July 15 and end on July 22. (d) Prohibitions and Permits. (1) Except as provided in paragraphs (2), (3) and (4) of this subsection, the planting of celery transplants, including any variety or subspecies of Apium graveolens, or the holding of celery in any state of cultivation or growth, other than seed or seedlings not showing above ground, is prohibited within the western celery mosaic host-free districts during the annual host-free periods established for those districts. (2) No celery plant or part thereof, other than seed, shall be planted or maintained in any state of cultivation or growth within any western celery mosaic host-free district unless a permit has been issued by the director or the agricultural commissioner of the county in which the district is located. The director or the agricultural commissioner may issue a permit to introduce, plant, and maintain celery transplants within the district, except during any host-free period established in subsection (c) (unless the permit is issued pursuant to paragraph (3) or (4) below), provided the director or commissioner determines that the celery plants covered by the permit originated on premises or in a district which is free from western celery mosaic. (3) The county agricultural commissioner may issue a permit for growing celery transplants within the host-free district at any time in any greenhouse located one-half mile or more from any wild or cultivated celery growing outside of greenhouses, provided the following conditions are met: (A) The applicant notified the commissioner in writing, 30 days in advance of the proposed starting date, of his or her intention to observe a host-free period in the greenhouse at a time other than during the host-free period established for the district in subsection (c)(2), and (B) The commissioner determines that no celery plant or living celery plant material has been present in the greenhouse during a period of consecutive days, equivalent to the period established for the district in subsection (c)(2), within the immediately preceding twelve-month period. (4) Celery plants may be grown at any time in any western celery mosaic host-free district, in an experimental celery breeding plot, provided a permit for growing experimental celery in a breeding plot has been issued by the agricultural commissioner of the county in which the district is located. Said permit may continue in effect indefinitely providing the commissioner determines that: (A) Effective insect vector control measures are maintained; (B) The plot is and remains isolated from commercial celery fields; and (C) The plot does not otherwise constitute a source of spread of western celery mosaic virus. Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781 and 5784, Food and Agricultural Code. s 3611. Lettuce Mosaic Host-Free District and Period. The Director finds that lettuce mosaic virus disease exists in certain lettuce growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means. (a) Hosts. Lettuce ( Lactuca spp) and endive or escarole ( Cichoriumendivia). (b) Host-Free District. The entire County of Monterey. (c) Host-Free Period. The host-free period for the district described in subsection (b) shall commence on December 7 and end on December 21 of each year. (d) Restrictions. No host plant including greenhouse seed crop plants or transplants or part thereof, except seed, shall be planted or maintained in any state of cultivation or growth in any lettuce mosaic host-free district during the host-free period unless authorized under a permit issued by the director or agricultural commissioner of the county in which the district is located. During the existence of the host-free period, any host plant or part thereof, except seed, which is planted, growing or being cultivated or maintained within a host-free district, is a public nuisance and subject too all the laws which relate to the abatement of such nuisance. Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781-5783, Food and Agricultural Code. s 3612. Chrysanthemum White Rust Host-Free District and Period. The Secretary finds that Chrysanthemum white rust (Puccinia horiana) exists in certain areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means. (a) Hosts. Chrysanthemum spp. and Dendranthema spp. (Chrysanthemums). (b) Host-Free District. That portion of Santa Cruz County bounded by a line as follows: Beginning at the intersection of State Highway 1 and State Highway 17; then, northerly along State Highway 17 to its intersection with El Rancho Drive; then, northerly along said drive to its intersection with Carbonera Drive; then, southeasterly along Carbonera Drive to its intersection with Vista Bella Drive; then, southeasterly from said intersection along an imaginary line to the intersection of Glen Canyon Road and Branciforte Drive; then, northerly along said drive to its intersection with Granite Creek Road; then, easterly from said intersection along an imaginary line to the intersection of Browns Valley Road and Hazel Dell Road; then, southeasterly along Hazel Dell Road to its intersection with Mt. Madonna Road; then, southerly along Mt. Madonna Road to its intersection with Casserly Road; then, southeasterly along Casserly Road to its intersection with Carlton Road; then, southeasterly along Carlton Road to its intersection with Riverside Drive (State Highway 129); then, southwesterly along said drive to its intersection with State Highway 1; then, southerly along said highway to its intersection with the Santa Cruz-Monterey County Line; then, southwesterly along said county line to its intersection with the Pacific Ocean coastline; then, northerly and westerly along the said coastline to its intersection with the Santa Cruz Pier; then, northerly along said pier to its intersection with Beach Street; then, westerly along said street to its intersection with West Cliff Drive; then, southerly along said drive to its intersection with Bay Street; then, northwesterly along said street to its intersection with State Highway 1; then, northeasterly along said highway to the point of beginning. (c) Host-Free Period. The host-free period for the district described in subsection (b) shall commence on October 1, 1995 and end on May 31, 1996. (d) Restrictions. No host plant, except seed, shall be planted or maintained in any state of cultivation or growth in any Chrysanthemum white rust host-free district during the host-free period unless authorized under a compliance agreement by the Secretary. During the existence of the host-free period, any host plant or part thereof, except seed, which is planted, growing or being cultivated or maintained within a host-free district is a public nuisance and subject to all of the laws which relate to the abatement of such nuisance. Unless otherwise amended, effective June 1, 1996 this regulation is repealed. Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781-5783, Food and Agricultural Code. s 3628. Definitions. (a) "Improved Meyer lemon" means clones of the Meyer lemons designated as Citrus Variety Improvement Numbers 319 and 333 which the director under the authority of Section 5981 of the California Food and Agricultural Code, has determined to be free from infections of virus or mycoplasma-like diseases dangerous or detrimental to the production of commercial or ornamental citrus fruit or plants. (b) "Meyer lemon plant" as referred to in this group excludes all improved Meyer lemon plants as defined above, but otherwise includes: (1) Any plant which consists entirely or partly of Meyer lemon plant tissue or (2) Any plant to which Meyer lemon plant tissue has been joined at any time by any method of grafting. (c) "Virus free" as used in this group means plants free of the tristeza virus or complexes of the tristeza virus as determined by inspection or, in case of dispute, by index testing, or by other recognized laboratory procedures as set forth in regulations of the department. (d) "Sale" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade. (e) "Propagation" means to reproduce or multiply a plant by any asexual method. Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 5322, 5801-5803 and 5981, Food and Agricultural Code. s 3629. Meyer Lemon Plants Prohibited. (a) Propagation and/or Sale. The propagation and/or sale of Meyer lemon plants is prohibited except under permit from the director for scientific and research purposes. (b) Declaration of Nuisance and Abatement. All Meyer lemon plants are declared to be a public nuisance subject to all laws and remedies relating to the prevention and abatement of nuisances. The director or the county agricultural commissioner acting under the supervision and direction of the director may take such action including removal and destruction with reference to such nuisance as is provided by law. Note: Authority cited: Sections 407, 5322 and 5801, Food and Agricultural Code. Reference: Sections 5322, 5801 and 5803, Food and Agricultural Code. s 3630. Improved Meyer Lemon Plants. Note: Authority cited: Sections 407, 5322 and 5802, Food and Agricultural Code. Reference: Sections 5322, 5401-5402, 5802 and 5821-5822, Food and Agricultural Code. s 3635. Note: Authority cited: Sections 407, 5322, and 5761, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3636. Chrysanthemum White Rust Disease Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Chrysanthemum white rust disease (Puccinia horiana), is known to exist, is hereby proclaimed to be an eradication area with respect to said disease: (1) Eradication Area. The entire counties of Santa Clara, Santa Cruz and Santa Barbara. (b) Hosts. (1) Plants and plant parts of the generaChrysanthemum andDendranthema. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area: (1) The application of chemicals to host plants and parts thereof as often as necessary to affect control of the disease. (2) The examination of host plants. (3) The removal and immediate destruction of diseased material of hosts listed in (b) above. (4) The steam treatment of nursery beds. (5) The establishment of host-free periods within the eradication area listed in (a)(1) above. Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763, 5781, 5782 and 5783, Food and Agricultural Code. s 3637. Karnal Bunt Disease Eradication Area. (a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Karnal bunt disease (Tilletia indica), is known to exist, is hereby proclaimed to be an eradication area with respect to said disease: (1) Eradication Area. The entire counties of Imperial and Riverside. (b) Hosts and Possible Carriers. (1) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale; (2) Grain elevators/equipment/structures used for storing and handling wheat, durum wheat, and triticale; (3) Milling products or byproducts, except flour; (4) Plants, or plant parts, including grain, seed, or straw of all varieties of the following species: wheat (Triticum aestivum); durum wheat (Triticum durum); and triticale (Triticum aestivum x Secale cereale); (5) Root crops with soil; (6) Soil from areas where field crops are produced; (7) Manure from animals that have fed on wheat, durum wheat, or triticale; (8) Used bags, sacks and containers; (9) Used farm tools; (10) Used mechanized cultivating equipment; (11) Used mechanized harvesting equipment; (12) Used seed conditioning equipment; (13) Used mechanized soil-moving equipment; (14) Any other product, article or means of conveyance when it is determined by the Secretary that it presents a risk of spreading spores of the fungus which causes Karnal bunt disease due to its proximity to an infestation of Karnal bunt disease and the person in possession has been so notified. (c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area: (1) The application of chemicals to hosts and possible carriers as often as necessary to effect control of the disease. (2) The examination of hosts and possible carriers. (3) The removal and immediate destruction of material of hosts listed in (b)(4) above which is diseased, has been exposed to the disease, or originated from a source known to be diseased. (4) The prohibition of planting host crops on properties known to be infested with or exposed to the disease. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code. s 3638. Note: Authority cited: Sections 407, 5322, and 5761, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code. s 3640. Nematodes: Commercially Clean Nursery Stock for Farm Planting. (a) Nematode infested nursery stock for farm planting has been determined by the Secretary to be detrimental to agriculture. (b) Nursery stock for farm planting shall be commercially clean with respect to economically important nematode species detrimental to agriculture. (c) "Commercially clean" nursery stock for farm planting means nursery stock for commercial farm planting that is certified in accordance with the requirements of the Nursery Stock Nematode Certification program as provided in Sections 3055 through 3055.6; and nursery stock which is not so certified shall not be sold or shipped within the State. (d) Exemptions: (1) Nursery stock for farm planting produced in non-soil media and garlic, mint, onion, and seed potato nursery stock are exempt from the requirements of this section. (2) Nursery stock for farm planting found to be infested with economically important nematode species detrimental to agricultural production may be sold or shipped when, by written agreement, the buyer and the agricultural commissioner of the county where the stock is to be planted both agree to accept the stock for planting in an area where the nematode species infesting the stock is already present. (e) Enforcement: Enforcement of this regulation shall be the responsibility of the Department. Note: Authority cited: Sections 407, 5322, 6901 and 6902, Food and Agricultural Code. Reference: Sections 5322, 6901 and 6902, Food and Agricultural Code. s 3650. Legislative Intent and Authority. (a) The Legislature has declared that the plant killing bacterium,Xylella fastidiosaand the resulting Pierce's disease, and its vectors present a clear and present danger to California's grape industry, as well as to many other commodities and plant life. The Legislature has created the Pierce's Disease Control Program in the Department of Food and Agriculture. (b) The Secretary is authorized to establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in Sections 6045-6047, Food and Agricultural Code, as may be necessary to interpret, clarify, or implement Sections 6045-6047. This authority shall be liberally construed to effectuate the intent of Sections 6045-6047. (c) The regulations in this subchapter are of statewide interest and concern and are intended to wholly occupy the field. Note: Authority cited: Sections 407, 5323 and 6047, Food and Agricultural Code. Reference: Section 5323, 6045 and 6046, Food and Agricultural Code. s 3651. Control Program. (a) The Pierce's Disease Control Program is to be conducted by the local public entity designated by that county's board of supervisors under a Department approved local Pierce's disease workplan, including proposed treatment of Pierce's disease and its vectors. (b) The Department shall provide logistical support and assistance when necessary for combating Pierce's disease and its vectors. Logistical support and assistance includes: (1) Biological control assistance. (2) Provide information on production practices to reduce levels of Pierce's disease and its vectors. (3) Conduct workplan activities when necessary. (4) Develop pest control alternatives. (c) Workplans. (1) The Pierce's Disease Control Program workplan elements shall include, but are not limited to, all of the following: (A) Develop and deliver producer outreach information and training to local communities, groups, and individuals to organize involvement with the workplan and to raise awareness regarding Pierce's disease and its vectors. (B) Develop and deliver ongoing training of the designated local public entity's employees in the biology, survey, and treatment of Pierce's disease and its vectors. (C) Identify a local Pierce's disease coordinator within the designated local public entity. (D) Conduct detection and delimitation surveys for vectors. (E) If determined necessary to prevent the establishment and spread of Pierce's disease and its vectors, direct and coordinate treatment programs to control or eliminate Pierce's disease and its vectors. Treatment programs shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner. (F) Develop and implement a data collection system to track and report new infestations of Pierce's disease and its vectors in a manner respectful of property and other rights of those affected. (2) The Department may permit the local public entity to establish variations from the standards set forth in this subchapter based on the written submission to the Department of clear and convincing evidence of stakes and risks to justify a more or less stringent standard. (3) The local public entity shall conduct a hearing if an application of the workplan is appealed in writing to that entity. The results of said hearing shall be transmitted to the Department. The hearing notice procedures shall meet minimum due process standards appropriate for the circumstances. The notice and hearing procedures shall be set out in the workplan of the local public entity. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Sections 6045 and 6046, Food and Agricultural Code. s 3652. Definitions. The following definitions apply to this subchapter: (a) "Bulk citrus" means any unprocessed citrus fruit that have not been commercially packed. (b) "Bulk grapes" means any unprocessed grapes that have not been commercially packed. (c) "Carriers" means any vehicle, container, or other article or means of conveyance that the Department determines presents a possible risk of artificial spread of vectors. (d) "Certification" means the issuance of a certificate in written, stamp, or sticker format by an agricultural commissioner or commissioner representative that affirms that a shipment meets all applicable regulatory requirements. (e) "Infestation" shall mean the detection of five (5) or more adult vectors within any five-day period and within a 300-yard radius, or the detection of multiple life stages within any five-day period and within a 300-yard radius. Vectors detected in direct association with a shipment from an infested area do not, in themselves, constitute an infestation. (f) "Infested area" shall mean an area within one (1.0) mile of a vector infestation or an area which has not been surveyed in a manner approved by the Department to detect vectors. (g) "Non-infested area" shall mean one in which no infestations have been detected after survey in a manner approved by the Department to detect vectors or where the infestation designation has been removed. (h) "Pierce's disease" means the disease of grapevines caused byXylella fastidiosa, a bacterium. (i) "Plants" means nursery stock and privately owned plants that may host vectors of Pierce's disease, except when in the form of seeds, bulbs, stolons, corms, pips, buds, cut flowers, cut foliage, tubers, leafless dormant nursery stock, or harvested fruits and vegetables. (j) "Processed grapes" means grapes which have been juiced, canned, crushed, or dried. (k) "Vectors or Vectors of Pierce's disease" shall meanHomalodisca coagulata, glassy-winged sharpshooter. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3653. Area Designation Procedures. (a) An area shall be designated as non-infested based on written affirmation to the Department by the local public entity that the area has been surveyed in a manner approved by the Department to detect vectors with negative results. (b) An area shall be designated as infested when the survey results indicate an infestation is present, the Department has defined the infested area, and the local public entity is notified immediately. The Department shall also provide electronic and/or written notification of the area designations to the other local public entities and other interested or affected parties. (c) The local public entity may appeal an area designation by submission to the Department of a written request for review of the designation, accompanied by clear and convincing evidence justifying a change in the designation. The appeal must be filed no later than ten (10) working days following receipt of the notice of designation. The Department must respond with a written decision no later than ten (10) working days following receipt of the appeal. During the pending of the appeal, the designation under appeal shall remain in effect. (d) The infested area designation shall be removed if: (1) No additional vectors are detected by trapping or visual surveys during the period of January 1 through October 31 of the year following the last vector detection; or, (2) Only adult vectors were detected and thorough vector survey/detection activities document that a breeding population is not present. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3654. Inspection of Shipments and Disposition of Infested Shipments. (a) All shipments of bulk citrus, bulk grapes, plants, and carriers are subject to inspection by the agricultural commissioner upon arrival at destination. (b) Any shipment found to be infested with live vectors shall be refused delivery and may be immediately destroyed unless no damage would be caused to agriculture if the shipment is returned to origin, or processed or treated in a manner approved by the Department to eliminate the vectors. Note: Authority cited: Sections 407, 6521, 6523 and 6047, Food and Agricultural Code. Reference: Sections 6521, 6522, 6523, 6524 and 6045, Food and Agricultural Code. The Secretary hereby establishes the following standards for the movement of bulk grapes to prevent the artificial spread of the Pierce's disease bacterium and its vectors. s 3655. Standards for Movement. (a) Bulk grapes shall meet the following standards prior to shipment from an infested area to a non-infested area: (1) The bulk grapes have originated from a vineyard which has been harvested, handled, or treated in a manner approved by the Department to eliminate vectors and the grapes are monitored during harvest; or, (2) The bulk grapes have originated from a non-infested vineyard as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the grapes are monitored during harvest; or, (3) If the county agricultural commissioner at origin and destination determine that compliance with subparagraph (1) or (2) is not feasible, the bulk grapes and associated plant material may be moved for processing in a manner approved by the Department which eliminates the potential artificial spread of vectors and the grapes are monitored during harvest, if feasible, and upon arrival for processing. The commissioners shall notify the Department of their determination as soon as is practicable; or, (4) The bulk grapes have completed a post-harvest treatment approved by the Department to eliminate all live vectors. (b) To ensure that the above standards are met, the grower shall do all of the following: (1) Notify the county agricultural commissioner (of the county in which the vineyard is located) a minimum of 72 hours prior to the initiation of harvest. (2) Assure that a certificate, as provided in Section 3656, is attached to every shipment and is provided to the receiver. (3) Maintain harvest and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours. (c) To ensure that the above standards are met, the receiver shall do all of the following: (1) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the receiver is located) to determine if the vector is present at the receiver's facility. (2) Collect the certificates, required in Section 3656, for each shipment and maintain them as part of the shipment documentation. (3) Dispose of all material other than grapes in a manner that eliminates vector survival risk. Disposal methods include, but are not limited to, steam, crush, cold treat, and solarization. (4) Maintain trapping, vector detection, and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3656. Certification. Shipments of bulk grapes shall be certified as meeting the standards for movement in the following manner: (a) Each shipment of bulk grapes shall be accompanied by a certificate issued by the county agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3655(a). (b) Prior to the movement of each shipment of bulk grapes moved under Section 3655(a)(3), the origin agricultural commissioner shall notify the destination agricultural commissioner of the quantity of grapes being moved, the specific destination, and identification information. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3657. Exemptions. These standards do not apply to the following types of shipments: (a) Unprocessed, bulk grapes which are being transported without undue delay or diversion through non-infested areas to an infested destination for processing or treatment, or are being moved to a destination outside the State. (b) Processed grapes. (c) Shipments originating from non-infested areas. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. The Secretary hereby establishes the following standards for the movements of plants to prevent the artificial spread of the Pierce's disease bacterium and its vectors. s 3658. Plants. Shipments of the following live plants shall meet the requirements of Article 3, Standards for Plants: Scientific Name Common Name Abelia spp. Abelia Acacia spp. Acacia Aeschynanthus spp. Basket plant Agapanthus spp. Agapanthus Agonis spp. Willow myrtle Ajuga spp. Bugleweed Albizia spp. Albizzia Aleurites spp. Aleurites Alnus spp. Alder Althaea spp. Hollyhock Amaranthus spp. Amaranth Ambrosia spp. Ragweed Amelanchierspp. Serviceberry Ananas spp. Ananas Annona spp. Annona (cherimoya) Antirrhinum spp. Snapdragon Aptenia spp. Aptenia Arbutus spp. Strawberry tree Archontophoenixspp. Seaforthia Arctostaphylos spp. Manzanita Arecastrum spp. Arecastrum Aronia spp. Chokecherry Asclepias spp. Milkweed Asparagus spp. Asparagus Aspidistra spp. Aspidistra Baccharis spp. Baccharis Bauhinia spp. Bauhinia Berberis spp. Barberry Betula spp. Birch Bignoniaspp. Bignonia Bougainvillea spp. Bougainvillea Brachychiton spp. Bottle tree Brunfelsiaspp. Brunfelsia Buxus spp. Boxwood Calliandra spp. Powderpuff Callistemon spp. Bottlebrush Calodendrumspp. Cape chestnut Camellia spp. Camellia Campsisspp. Trumpet creeper Canna spp. Canna Carica spp. Papaya Capsicum spp. Pepper, chile Caryota spp. Fishtail palm Cassia spp. Senna Castanopsis spp. Chinquapin Castanospermum spp. Castanospermum Catalpa spp. Catawba Ceanothus spp. Redroot Ceratonia spp. Carob Ceratostigma spp. Ceratostigma Cercidium spp. Palo verde Cercis spp. Redbud Cercocarpus spp. Mountain mahogany Chenopodiumspp. Lambsquarter Chionanthus spp. Fringe tree Chitalpa spp. Chitalpa Chlorophytum spp. St. Bernard's lily Chorisia spp. Floss-silk tree Chrysanthemum spp. Chrysanthemum Cinnamomumspp. Cinnamomum Cissus spp. Grape ivy Cistus spp. Rock rose Citrus spp. Citrus Clytostomaspp. Clytostoma Cocculus spp. Cocculus Cocos spp. Cocos Coffea spp. Coffee Coprosma spp. Coprosma Cordyline spp. Ti Cornus spp. Dogwood Cotoneaster spp. Cotoneaster Crassula spp. Crassula Cupaniopsisspp. Cupaniopsis Cycas spp. Cycad Dianthus spp. Dianthus Dietes spp. Dietes Diospyros spp. Persimmon Dodonaea spp. Dodonaea Elaeagnus spp. Elaeagnus Elaeocarpus spp. Elaeocarpus Ensete spp. Ensete Erigeron spp. Fleabane Eriobotrya spp. Eriobotrya Erythrina spp. Coral tree Escallonia spp. Escallonia Eucalyptus spp. Eucalyptus Eugenia spp. Eugenia Euonymus spp. Euonymus Eupatorium spp. Boneset Euryops spp. Euryops Fatshedera spp. Aralia ivy Feijoa spp. Feijoa Ficus spp. Fig Forsythia spp. Golden-bells Fortunella spp. Kumquat Fraxinus spp. Ash Gardenia spp. Gardenia Gazaniaspp. Gazania Geijera spp. Geijera Gelsemium spp. Yellow jessamine Ginkgo spp. Gingko Gladiolus spp. Gladiolus Gossypiumspp. Cotton Grevillea spp. Spider flower Grewia spp. Grewia Hardenbergia spp. Hardenbergia Harpephyllum spp. Kaffir plum Hederaspp. Ivy Helianthus spp. Sunflower Hemerocallis spp. Daylily Heteromeles spp. Toyon Hibiscus spp. Hibiscus Howea spp. Sentry palm Hymenosporumspp. Hymenosporum Hypericum spp. St. John's-wort Ilex spp. Holly Itea spp. Itea Jacaranda spp. Green ebony Jasminum spp. Jasmine Juglansspp. Walnut Koelreuteria spp. Golden-rain tree Lactuca spp. Lettuce Lagerstroemia spp. Crape myrtle Lantanaspp. Shrub verbena Laurus spp. Laurel Leucospermum spp Pincushion Ligustrumspp. Privet Limoniumspp. Statice Lippia spp. Lippia Liquidambar spp. Sweet gum Liriodendron spp. Tulip tree Litchi spp. Lychee Lonicera spp. Honeysuckle Loropetalum spp. Loropetalum Macadamia spp. Macadamia Magnolia spp. Magnolia Malus spp. Apple Malva spp. Mallow Mandevilla spp. Mandevilla Mangifera spp. Mango Scientific Name Common Name Maytenus spp. Maytenus Melaleuca spp. Honey myrtle Meliaspp. Chinaberry Metrosideros spp. Metrosideros Micheliaspp. Champak Mirabilisspp. Umbrella wort Monarda spp. Wild bergamot Morus spp. Mulberry Murraya spp. Orange jessamine Myoporum spp. Myoporum Myrsine spp. Myrsine Myrtus spp. Myrtle Nandina spp. Nandina Nephrolepis spp. Sword fern Nerium spp. Oleander Nicotiana spp. Tree tobacco Nyssa spp. Tupelo Oenothera spp. Evening primrose Oleaspp. Olive Opuntia spp. Cactus Osmanthusspp. Osmanthus Osteospermum spp. Osteospermum Pachysandraspp. Spurge Pandorea spp. Pandorea Parthenocissusspp. Woodbine Passiflora spp. Passion fruit Pelargoniumspp. Pelargonium Penstemon spp. Beard-tongue Persea spp. Avocado Philadelphusspp. Mock orange Philodendron spp. Philodendron Phlox spp. Phlox Phoenix spp. Date palm Phormium spp. Flax lily Photinia spp. Photinia Phyla spp. Frogfruit Phytolacca spp. Pokeweed Pinus spp. Pine Pistacia spp. Pistachio Pittosporumspp. Pittosporum Platanus spp. Sycamore Platyceriumspp. Staghorn fern Plumbago spp. Leadwort Podocarpusspp. Podocarpus Polygala spp. Milkwort Polygonumspp. Polygonum Populus spp. Cottonwood Portulacaria spp. Portulacaria Protea spp. Protea Prunus spp. Prunus Psidium spp. Guava Punica spp. Pomegranate Pyracantha spp. Pyracantha/Firethorn Pyrus spp. Pear Quercus spp. Oak Raphiolepis spp. Raphiolepis Rhamnus spp. Buckthorn Rhododendron spp. Azalea Rhus spp. Sumac Robinia spp. Locust Rosa spp. Rose Rubus spp. Blackberry Rudbeckia spp. Coneflower Salixspp. Willow Sambucusspp. Elderberry Sapium spp. Sapium Sarcococca spp. Sweet box Sassafras spp. Sassafras Schefflera spp. Umbrella tree Schinus spp. Schinus Schlumbergera spp. Christmas cactus Simmondsia spp. Jojoba Solanum spp. Solanum Solidago spp. Goldenrod Sonchus spp. Sonchus Sorbus spp. Mountain ash Sorghum spp. Sorghum Strelitzia spp. Bird-of-paradise Syringa spp. Lilac Syzygium spp. Syzygium Tabebuia spp. Trumpet tree Tecomaria spp. Tecomaria Ternstroemia spp. Ternstroemia Thujaspp. Arborvitae Tipuana spp. Tipu Tree Trachelospermum spp. Trachelospermum Tradescantia spp. Spiderwort Tristania spp. Tristania Tulbaghia spp. Tulbaghia Tupidanthus spp. Tupidanthus Ulmusspp. Elm Vauqueliniaspp. Arizona rosewood Veronica spp. Speedwell Viburnumspp. Viburnum Vigna spp. Vigna Vincaspp. Periwinkle Violaspp. Violet Vitisspp. Grape Washingtoniaspp. Washington palm Wisteria spp. Wisteria Xanthium spp. Cocklebur Xylosma spp. Xylosma Yucca spp. Yucca Zantedeschia spp. Calla lily Zeaspp. Zea Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3659. Standards for Movement. (a) Plants shall meet the following standards prior to shipment from an infested area to a non-infested area: (1) The plants have been produced, handled, or treated in a manner approved by the Department to eliminate vectors; or, (2) The plants originate from a non-infested premise or a non-infested portion of a premise as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the plants are monitored during loading for shipment; or, (3) The plants have been inspected, found to be free of vectors, and have been safeguarded from vectors until shipped. (b) To ensure that the above standards are met, the nursery shall do all of the following: (1) Train employees to inspect for and recognize suspect vectors. (2) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the nursery is located) to determine if the vector is present at the nursery facility. (3) If the vector is present, conduct an ongoing monitoring program that includes a vector free shipment staging area and inspection of plants for vectors. (4) Conduct treatments, as necessary, to ensure that each shipment is free of the vectors. (5) Maintain treatment, vector trapping, detection, and monitoring records for two years. These records shall be made available to the county agricultural commissioner during normal business hours. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3660. Certification. Shipments of plants shall be certified as meeting the standards for movement in the following manner: (a) Each shipment of plants shall be accompanied by a certificate issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3659. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3661. Exemptions. These standards do not apply to the following types of shipments: (a) Privately owned plants which have been maintained indoors. (b) Plants which have been designated by the Department as not presenting a risk for the artificial spread of vectors. (c) Plants which are being transported without undue delay or diversion through non-infested areas. (d) Plant shipments originating from non-infested areas. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. The Secretary hereby establishes the following standards for the movement of bulk citrus to prevent the artificial spread of the vectors of Pierce's disease. s 3662. Standards for Movement. Bulk citrus from an infested area shall meet the standards in (a) or (b) prior to shipment to a non-infested area or an area in which an active control program is being conducted; or prior to transiting a non-infested area or an area in which an active control program is being conducted. The owner shall notify the county agricultural commissioner (of the county in which the grove is located) a minimum of 72 hours prior to the initiation of harvest. (a) The bulk citrus have been harvested, handled, or treated in a manner approved by the Department to eliminate all live vectors including, but not limited to, the following: (1) Treat grove(s) when infestation levels of vectors are evidenced by multiple detections(s); or, (2) Mechanically brush and protect citrus from infestation by vectors; or, (3) Post-harvest treatment of citrus. (b) The bulk citrus have originated from a non-infested grove as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the citrus fruit are monitored during harvest. (c) To ensure that the standards in (a) or (b) are met, the receiver shall do all of the following: (1) Collect the certificates, required in Section 3663, for each shipment and maintain them as part of the shipment documentation. (2) Notify the agricultural commissioner (of the county in which the receiver is located) when suspect vectors are detected. (3) Safeguard infested shipments until rejection action is specified by the agricultural commissioner. (4) Maintain shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3663. Certification. Shipments of bulk citrus shall be certified as meeting the standards for movement in the following manner: (a) Each shipment of bulk citrus shall be accompanied by a certificate or other document issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3662. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3663.5. Exemptions. These standards do not apply to the following types of shipments: (a) Processed citrus fruit, including citrus fruit which has been washed and waxed and is being moved in bulk quantities. (b) Shipments originating from non-infested areas. (c) Shipments originating in the infested area that do not enter a non-infested area or an area in which an active control program is being conducted. Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code. s 3664. Purpose. The Grapevine Loss Assistance Program (GVLAP) is established to provide a maximum aggregate $7.14 million in payment to eligible vineyard owners who incur losses due to Pierce's disease spread by the glassy-winged sharpshooter. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code. s 3665. Application for GVLAP Form GWSS-003 (March 1, 2002). (a) Application for compensation shall be made using a Department application form for this purpose. (b) Application forms are available from the county agricultural commissioner, Pierce's Disease Control Program, or from the web site: http:// www.cdfa.ca.gov/phpps/pdcp. (c) Applications for the GVLAP shall be submitted directly to the county agricultural commissioner(s) of the county(ies) in which the vineyard(s) is located. (d) The application form(s) shall be complete and submitted by mail, courier, or hand delivery by the close of business on June 1, 2002 and must include the original signature(s) of the person or entity (authorized representative). (e) The application form(s) must be accompanied by Form W-9 Request for Taxpayer Identification Number and Certification (Department of the Treasury, Internal Revenue Service, Rev. January 2002) and all other documents required by this article. (f) The application shall indicate the names of all owners (person) of each vineyard or the entity doing business. (g) Any person or entity applying for and/or receiving compensation must permit authorized representatives of the program to enter their property during normal business hours without prior notice to assess the accuracy of information supplied to the department; to inspect, examine, and make copies on site of such reports and accounts to determine qualification or eligibility for or compliance with the program. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code. s 3666. Eligibility. The following eligibility requirements apply to the GVLAP: (a) Payments are authorized to compensate grape growers only for grapevine losses resulting from Pierce's disease spread by the glassy-winged sharpshooter. Payments are not authorized for grape production losses or for the cost of replanting grapevines. (b) Distribution of the compensation payments shall be based on vineyard establishment cost, or a portion thereof, in the county in which the vineyard is located. (c) Removal of the grapevines shall have been conducted as a result of infection by Pierce's disease spread by the glassy-winged sharpshooter. (d) Each removed vineyard acre must have a minimum of 30 percent infection per contiguous acre. (e) Vineyards must have been removed on or after August 10, 1999. (f) Vineyards must have been removed on or before May 1, 2002. (g) Documentation must be provided to confirm that the grapevine removal was due to infection by Pierce's disease spread by the glassy-winged sharpshooter. (h) Proof or confirmation of Pierce's disease infection of the grapevines removed must be confirmed in writing by the local county agricultural commissioner, or the University of California Cooperative Extension farm advisor for viticulture, or by the vineyard owner by written certification that the vines were removed because of infection by Pierce's disease. (1) Owner certification must be accompanied by documentation and verification of the number of acres infected and removed. (2) Owner certification shall include the date(s) the grapevines were planted and removed. (3) The vineyard owner must submit as much evidence as possible (the most preferable method of confirmation being an accepted diagnostic test to indicate the presence of Pierce's disease by a government or university laboratory facility) indicating that the presence of Pierce's disease was the factor causing removal. (A) The county agricultural commissioner and/or the farm advisor shall be consulted to identify and verify the actual acreage removed. (B) If the presence of Pierce's disease is confirmed as described in (3) above, the sample submitted to the laboratory must be positively identified as representing the acreage removed. (C) The number of samples must sufficiently evidence, to the satisfaction of the county agricultural commissioner or the farm advisor, that the infection rate was a minimum of 30 percent per contiguous acre. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code. s 3667. Application Review and Eligibility Determination. (a) After receipt and review of each application, the county agricultural commissioner shall forward his/her recommendation regarding vineyard eligibility for compensation and the application, accompanied by all required documentation, to the Department's Pierce's Disease Control Program Sacramento office. (b) All information provided by an applicant is subject for review for completeness and verification by the Pierce's Disease Control Program prior to the final determination of vineyard(s) eligibility. The area from which the grapevines were removed must be verified as an "infested area" based on the distribution of glassy-winged sharpshooter as determined by the Pierce's Disease Control Program. (c) The program shall provide written eligibility determinations to the applicant(s) by September 30, 2002. (d) Payment shall be made to the name/business name that corresponds to the information provided on Form W-9 (as required by Section 3665[c]) by September 30, 2002, unless an extension is provided by the United States Department of Agriculture for distribution of the funds by December 31, 2002. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code. s 3668. Payment Criteria. (a) The minimum acreage criterion is one (1) contiguous acre of removed vines demonstrating at least 30% infection rate per acre. (b) Vineyards that were removed after two (2) years of age and prior to ten (10) years of age will be compensated at the adjusted compensation rate per acre. The adjusted compensation rate per acre will be calculated using the average cost of vineyard establishment (planting and development costs for the first five [5] years of vineyard age) for the areas affected prorated on the basis of total qualified acreage determined by the Department. (c) The maximum rate of compensation for grapevine losses shall not exceed the estimated cost to establish a like vineyard, or portion thereof, in the county in which the vineyard is located. (d) For every year of vineyard age greater than ten (10) years, three (3) % will be deducted from the adjusted compensation rate per year per acre for the first 25 years of vine age. For every year of vineyard age greater than 25 years, three and six-tenths (3.6) % will be deducted from the adjusted compensation rate up to and including vineyard age 40. There will be no compensation available for vineyards in excess of 40 years of age. (e) If the total amount of applications for compensation exceeds the available funds, payments shall be reduced by a uniform percentage to match the available funds. (f) All owners accepting vine loss compensation funds from the Department for the acreage claimed are prohibited from reapplying for vine loss compensation from the Department for the same acreage. (g) Compensation limits per acre and pro-rata reimbursement levels will be calculated as a function of total qualified acreage at the end of the qualifying period. (h) If the Department or United States Department of Agriculture determines that any provisions of the application, or of the rules and regulations governing the program have not been complied with by the owner receiving compensation, noncompliance may result in the owner not being entitled to any additional payments, the owner refunding any payments made in connection with the compensation program, and owner liability for any other damages incurred as a result of such non-compliance. Non-compliance includes, but is not limited to: (1) The owner has adopted any scheme or other device which tends to defeat the purpose of the program provided for by this article; (2) The owner has made any fraudulent representation with respect to such program; (3) The owner has misrepresented any fact affecting a program determination. (i) A vineyard owner must retain all financial records and accounts relating to compensation received under the program for a period of six (6) years after the date of payment, or until final resolution of any audit of records by the Department, whichever is later. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code. s 3669. Appeal/Hearing Procedures. (a) An appeal of an eligibility decision relative to a compensation application may be filed with the Department's Pierce's Disease Control Program Sacramento office within fourteen (14) calendar days of the date of the decision. A hearing shall be conducted within seven (7) calendar days of an appeal that is timely filed. An appeal that is not timely filed shall be denied and no hearing shall be conducted in connection therewith. (b) Hearings shall be conducted pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code and these regulations. (c) Hearings shall be presided over and conducted by a hearing officer designated by the Secretary. (d) Hearings may be conducted by telephone, at the discretion of the Secretary. (e) The decision of the hearing officer shall be in writing. The decision shall be in minute order form, containing only a brief statement of the conclusion and findings to support the conclusion. It may be handwritten. (f) The decision shall be issued within 24 hours after the conclusion of the hearing and may be issued orally at the conclusion of the hearing subject to written confirmation. (g) The written decision shall be served on the appellant or designated representative either by personal service or, if available, by facsimile transmission. (h) The hearing officer's decision shall be final and not appealable to the Secretary or any other officer of the Department. (i) The appellant may seek judicial review of the hearing officer's decision by filing a petition for a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure Section 1084et seq. (j) Hearings shall be recorded by audiotape. Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); Sections 6045-6047, Food and Agricultural Code; Sections 11425.50 and 11440.10, Government Code; and Section 1084et seq., Code of Civil Procedure. s 3700. Oak Mortality Disease Control. Restrictions are hereby established against the following pest, its hosts, and possible carriers. (a) Pest. A fungus,Phytophthoraramorum, which causes oak mortality disease (sudden oak death). (b) Regulated Area. The regulated area for the pest is: The entire counties of Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo, Santa Clara, Santa Cruz, San Francisco, Solano and Sonoma. (c) Articles and Commodities Covered. The following are declared to be hosts or potential carriers of the pest: (1) Plants and plant parts (except acorns or seed) of: Acer macrophyllum (bigleaf maple) Adiantum aleuticum (Western maidenhair fern) Adiantum jordanii (California maidenhair fern) Aesculus californica (California buckeye) Arbutus menziesii (madrone) Arctostaphylos manzanita (manzanita) Calluna vulgaris (Scotch heather) Fagus sylvatica (European beech) Frangula californica (=Rhamnus californica) (California coffeeberry) Frangula purshiana (=Rhamnus purshiana) (cascara) Griselinia littoralis (Griselinia) Heteromeles arbutifolia (Toyon or Christmas berry) Kalmia latifolia (mountain laurel) Lithocarpus densiflorus (tanoak) Lonicera hispidula (California honeysuckle) Maianthemum racemosum (=Smilacina racemosa, false Solomon's seal) Parrotia persica (Persian ironwood) Photinia fraseri (red tip or Fraser's photinia) Pieris formosa (andP. formosa xP. japonica and all hybrids of P. formosa) (Himalaya andromeda) Quercus agrifolia (coast live oak) Quercus cerris (European turkey oak) Quercus kelloggii(California black oak) Quercus parvula var. shrevei and all nursery grown Q. parvula (Shreve's oak) Rhododendron species (azaleas and rhododendrons) Trientalis latifolia (Western star flower) Umbellularia californica (California bay laurel) Vaccinium ovatum (huckleberry) Viburnum spp. (All species of viburnum); (2) Basal trunk/burl sprouts, small branches (less than one inch in diameter), and leaves (needles) of coast redwood (Sequoia sempervirens) and Douglas-fir (Pseudotsuga menziesii var.menziesiiand all nursery grownP. menziesii); (3) Small branches (less than one inch in diameter) and leaves of canyon live oak (Quercus chrysolepis); (4) Leaves of camellias (Camelliaspp.), European ash (Fraxinus excelsior), lilac (Syringa vulgaris) and wood rose (Rosa gymnocarpa); (5) Leaves and stems of mountain andromeda (Pieris floribunda and P. floribunda xP. japonica and all hybrids of P. floribunda), Japanese pieris (Peiris japonica and all hybrids ofP. japonica); and witch hazel (Hamamelis virginiana); (6) Plants and stems of laurustinus (Viburnum tinus); (7) Leaves and shoots of sweet chestnut (Castanea sativa); (8) Buds and small branches (less than one inch in diameter) of European yew (Taxus baccata); (9) The bole (bark and wood) of Southern red oak (Quercus falcata); (10) Leaves and sprouts of the Holm oak (Quercus ilex); (11) Associated articles (nursery stock) of the following plants: Abies concolor (white fir) Abies grandis (grand fir) Abies magnifica (red fir) Acer circinatum (vine maple) Acer davidii (striped bark maple) Acer laevigatum (evergreen maple) Acer pseudoplatanus(planetree maple) Aesculus hippocastanum (horse chestnut) Arbutus unedo(strawberry tree) Arctostaphylos columbiana (manzanita) Ardisia japonica (Ardisia) Calycanthus occidentalis (spicebush) Ceanothus thyrsiflorus (blue blossom) Cinnamomum camphora (camphor tree) Clintonia andrewsiana (Andrew's clintonia bead lily) Corylus cornuta (California hazelnut) Drimys winteri (Winter's bark) Dryopteris arguta (California wood fern) Euonymus kiautschovicus (spreading euonymus) Fraxinus latifolia (Oregon ash) Gaultheria shallon (salal, Oregon wintergreen) Hamamelis x intermedia [(H. mollis andH. japonica) (hybrid witch-hazel)] Hamamelis mollis (Chinese witch-hazel) Kalmia augustifolia (sheep laurel) Laurus nobilis (bay laurel) Leucothoe axillaries (fetter-bush, dog hobble) Leucothoe fontanesiana (drooping leucothoe) Magnolia grandiflora (Southern magnolia) Magnolia stellata (star magnolia) Magnolia x loebneri (Loebner magnolia) Magnolia x soulangeana (saucer magnolia) Michelia doltsopa (Michelia) Michelia maudiae (Michelia) Michelia wilsonii (Michelia) Nerium oleander (oleander) Nothofagus obliqua (Roble beech) Osmorhiza berteroi (sweet Cicely) Osmanthus decorus [(=Phillyrea decora; =P. vilmoriniana) (Osmanthus)] Osmanthus fragrans (sweet olive) Osmanthus heterophyllus (holly olive) Pittosporum undulatum (Victorian box) Prunus lusitanica (Portuguese laurel cherry) Pyracantha koidzumii (Formosa firethorn) Quercus acuta (Japanese evergreen oak) Quercus petraea (Sessile oak) Quercus rubra (Northern red oak) Rosa "Meidiland" (a hybrid rose) Rosa rugosa (rugosa rose) Rubus spectabilis (salmonberry) Taxus brevifolia (Pacific yew) Taxus x media (Yew) Torreya californica (California nutmeg) Toxicodendron diversilobum (poison oak) Vancouveria planipetala (Redwood ivy) (12) Unprocessed wood and wood products (except when completely free of bark) and plant products of the plants in paragraph (c)(1), including but not limited to bark chips, mulch, firewood, and dried or preserved wreaths; (13) Any other product, article or means of conveyance when it is determined by the secretary, based upon generally accepted scientific principles, that it presents a risk of spreading the pest because it is a host or potential carrier of the pest. (d) Restrictions. (1) Articles and commodities covered in subsection (c) are prohibited movement from the regulated area except as provided in paragraph (A), (B) or (C) below: (A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been: 1. produced and maintained in an area which has been surveyed by an authorized agricultural official in a manner approved, based upon generally accepted scientific principles, by the secretary to detect the pest and the area has been found to be free of the pest; or, 2. grown, produced, manufactured, stored, or handled in a manner approved by the secretary, based upon generally accepted scientific principles, to prevent infestation by the pest; or, 3. tested in a manner approved, based upon generally accepted scientific principles, by the secretary to detect the pest and found to be free of the pest. (B) If the article or commodity does not meet the conditions in paragraph (d)(1)(A), it may nevertheless be moved if a permit is issued by an authorized agricultural official specifying the required containment conditions necessary to prevent potential spread of the pest; the article or commodity covered; the destination; and the handling, utilization, or processing which is authorized by the official and the conditions under which this shall be conducted. If the issuance of a permit is denied, an appeal may be filed with the department as provided in subsection (e). (C) If the article or commodity is being moved from outside the regulated area and is being moved through the regulated area by direct route and without delay. (2) At the retail level, articles and commodities covered are prohibited movement from the regulated area except when the person in possession has proof of purchase showing the commodity was purchased from a seller who is in compliance with paragraph (d)(1)(A). (e) Appeal/Hearing Procedures. (1) An appeal pursuant to paragraph (d)(1)(B) may be filed with the department within seven (7) calendar days of the date of denial of the permit. A hearing shall be conducted within 48 hours of an appeal that is timely filed. An appeal that is not timely filed shall be denied and no hearing shall be conducted in connection therewith. (2) Hearings shall be conducted pursuant to Chapter 4.5 (commencing with section 11400) of Division 3 of Title 2 of the Government Code and these regulations. (3) Hearings shall be presided over and conducted by a hearing officer designated by the secretary. (4) Hearings may be conducted by telephone, at the discretion of the secretary. (5) The decision of the hearing officer shall be in writing. The decision shall be in minute order form, containing only a brief statement of the conclusion and findings to support the conclusion. It may be handwritten. (6) The decision shall be issued within 24 hours after the conclusion of the hearing and may be issued orally at the conclusion of the hearing subject to written confirmation. (7) The written decision shall be served on the appellant or designated representative either by personal service or, if available, by facsimile transmission. (8) The hearing officer's decision shall be final and not appealable to the secretary or any other officer of the Department. (9) The appellant may seek judicial review of the hearing officer's decision by filing a petition for a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure section 1084et seq. (10) Hearings shall be recorded by audiotape. Note: Authority cited: Sections 407, 5321 and 5322, Food and Agricultural Code. Reference: Sections 24.5, 5321 and 5322, Food and Agricultural Code; Sections 11425.50 and 11440.10, Government Code; and Section 1084 et seq., Code of Civil Procedure. <<(Chapter Originally Printed 7-25-45)>> s 3800. Definitions. The following definitions, in addition to those stated in Sections 25-50 and 5001-5008 of the Food and Agricultural Code, apply to this Subchapter 1. (a) "Applicant" means any person who applies for and/or is approved to participate in the nonapproved cotton variety research program. (b) "Approved Cotton" means any cotton which has been tested and approved by the San Joaquin Valley Cotton Board for release and is planted within the San Joaquin Valley Quality Cotton District. (c) "Board" means the San Joaquin Valley Cotton Board. (d) "Board Testing" means tests conducted or commissioned by the Board for production and quality evaluation of nonapproved cotton varieties. (e) "California Naturally Colored Cotton" means nonapproved naturally colored cotton that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803. It means any variety of the genus Gossypium that does not naturally produce white fiber as established in Title 7, Code of Federal Regulations, Sections 28.401 through 28.407 (Official Cotton Standards of the United States for the Color Grade of American Upland Cotton), as amended August 5, 1992, or in Title 7, Code of Federal Regulations, Sections 28.501 through 28.507 (Official Cotton Standards of the United States for the Grade of American Pima Cotton), as amended June 18, 1985. These two documents are incorporated by reference. (f) "California Pima Cotton" means nonapproved white cotton of the species Gossypium barbadense that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803. (g) "California Upland Cotton" means nonapproved white cotton of the species Gossypium hirsutum that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803. (h) "Cooperator" shall mean any of the following: (1) "Cooperating Ginner" means any person who owns or operates a cotton gin and who participates by ginning nonapproved cotton. (2) "Cooperating Grower" means any person who provides the husbandry in the production of nonapproved cotton. (3) "Cooperating Delinter" means any person who, for hire, participates by delinting nonapproved cottonseed. (4) "Cooperating Marketer" means any person who, by September 1 of the current year, has registered with the Board expressing the intent to market nonapproved cotton. (i) "District" means the San Joaquin Valley Quality Cotton District. (j) "Entry" means any nonapproved variety which has been accepted into Board Testing. (k) "Nonapproved Cotton" means: (1) Any cotton that has not been approved by the San Joaquin Valley Cotton Board for release and planting within the San Joaquin Valley Quality Cotton District; (2) Any cotton grown outside the District. (l ) "Person" also means individual, firm, corporation, company, organization, cooperative association, partnership, trust association, association, or any other legal entity. (m) "SJV Experimental Cotton" means nonapproved cotton grown in Board Testing. (n) "Seed Certifying Agency" is an agency approved to certify seed as defined under the Federal Seed Act regulations (Title 7, Code of Federal Regulations, Sections 201.67 through 201.78). (o) "White cotton" means any variety of the genus Gossypium that produces white fiber as established in Title 7, Code of Federal Regulations, Sections 28.401 through 28.407 (Official Cotton Standards of the United States for the Color Grade of American Upland Cotton), as amended August 5, 1992, or in Title 7, Code of Federal Regulations, Sections 28.501 through 28.507 (Official Cotton Standards of the United States for the Grade of American Pima Cotton), as amended June 18, 1985. These two documents are incorporated by reference. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3800.1. Acala and Pima Quality Standards. The varieties that embody the District Acala and Pima quality standard as defined in Section 52891(a) of the Food and Agricultural Code are, respectively, Acala Maxxa and Pima S-7. Note: Authority cited: Sections 407, 52891 and 52901, Food and Agricultural Code. Reference: Sections 52891 and 52936, Food and Agricultural Code. s 3800.2. Referendum. Pursuant to Section 52936 of the Food and Agricultural Code, the Board may hold a referendum vote whenever the Board proposes that a variety other than Acala Maxxa or Pima S-7 embodies the Acala or Pima quality standard, but is not so required. Note: Authority cited: Sections 407, 52891, 52901 and 52936, Food and Agricultural Code. Reference: Sections 52891 and 52936, Food and Agricultural Code. s 3801. Responsibilities. (a) These regulations apply to applicants, cooperating growers, delinters, and ginners. They shall be enforced by the director. (b) Applicants shall inform cooperating growers, delinters, and ginners of the cooperators' responsibilities under these regulations when handling nonapproved cottonseed and lint from such seed. (c) Applicants shall enter into agreements with their cooperators which provide that the applicant maintains title to all nonapproved seed cotton produced. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3802. Performance Testing of Nonapproved Cottons Developed Outside the San Joaquin Valley Quality Cotton District. A person desiring to evaluate a nonapproved cotton variety or strain that was not developed or evaluated in a breeding and testing program within the District, as provided under Sections 3810 and 3811, shall submit a request to the Board for performance testing pursuant to Section 52902 of the Food and Agricultural Code. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3803. Exemption. (a) Acreage limitations imposed by these district regulations do not apply as restrictions to the Board or the director. (b) The director may waive the limitations of Sections 3815(a) and 3816(a) upon finding of need or upon recommendation of the Board. (c) The director, upon recommendation of the Board, may allow an applicant additional limited acreage for seed increase. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3804. Seed Distribution. By June 1 of each year, seed companies, delinters, gins, and other entities distributing seed of California Upland and California Pima cotton directly to growers in the District shall notify the department of the names, addresses, and telephone numbers of each entity to which they have distributed seed, and the volume of each variety distributed to such entity. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3805. Planting, Field Isolation, and Harvest Notification. (a) Only seed that has been certified by a seed certifying agency shall be planted in the District, except acreage planted under Article 3, Article 4, or under Section 3803. (b) "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used to determine isolation of acreage planted with California Upland and California Pima cotton from acreage planted with cotton grown to produce all classes of certified seed. This document is incorporated by reference. In the absence of seed certifying agency standards for genetically engineered cotton, this cotton shall be isolated from cotton being grown to produce foundation or registered seed by 1/2 mile plus an additional 20 buffer rows of cotton; and from other cotton being grown to produce certified seed by 1/8 mile plus 20 buffer rows of cotton. (c) Within 72 hours after planting and 48 hours prior to harvest each grower of California Upland or California Pima cotton shall provide to the department: (1) The name of the grower, (2) The farming entity, (3) Telephone number, (4) Address, (5) Cotton gin to be used, (6) California Upland and California Pima cotton varieties planted, (7) Exact field locations involved, including Township, Range and Section. (d) At harvest, growers shall complete information tags furnished by the department. (1) Prior to movement, these tags shall be attached to all modules and trailers of seed cotton of California Upland and California Pima cotton varieties. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3806. Ginning. Ginning of California Upland and California Pima cotton shall be regulated by Sections 3823 and 3824. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3807. Delinting of Cottonseed for Planting. Delinting of California Upland and California Pima cottonseed shall be regulated by Section 3826. "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used. This document is incorporated by reference. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3808. Marketing. The marketer shall maintain the identity of California Upland and California Pima cotton. Records shall be made available by the marketer to the department, upon request, to indicate bale numbers of such cotton sold. Records shall be maintained for one year after the end of each cotton production season and the initial delivery of the cotton bales produced during that season. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3810. Nonapproved Cotton Breeding Programs. (a) Location. Each applicant conducting a breeding program with nonapproved cotton within the District shall be restricted to planting the introductions of germ plasm or genetic material, at no more than five (5) locations, totaling no more than one hundred (100) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. (b) Application. Application for permission to conduct a breeding program shall be made annually in writing to the director on or before January 15 of each year to provide for Board review and comment as required by section 3820, article 5. A plot map detailing the specific location(s) including Township, Range, section, and acreage of said proposed breeding plot(s) shall be filed with the director by February 15 of each year, so that the director may determine that the proposed location(s) does not fall within the isolation area designated in section 3810(a). Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3811. Nonapproved Cotton Performance Testing. (a) Location. Nonapproved cotton, for which initial crosses or evaluation have been made in a breeding program within the District, may be performance tested by an applicant at no more than eight (8) locations for a total of not more than two hundred (200) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. Any approved cotton acreage within the test locations shall be included when computing the two hundred (200) acre limit. (b) Application. Applications for permission to conduct nonapproved cotton performance testing shall be in writing to the director annually on or before January 15 of each year to provide for Board review and comment as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 of each year so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3811(a). Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3815. Public Agency Nonapproved Cotton Agronomic Research. (a) Location. Public agencies, including the U.S. Department of Agriculture and the University of California, may conduct nonapproved cotton agronomic research at a maximum of twelve (12) locations for a total not to exceed two hundred forty (240) acres. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. Any approved cotton acreage within the test locations shall be included when computing the two hundred forty (240) acre limit. (b) Application. Applications for permission to conduct nonapproved cotton agronomic research shall be made in writing to the director annually, on or before January 15 of each year, to provide for Board review and comment as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 each year, so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3815(a). Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3816. Private Agronomic Research on Nonapproved Cotton. (a) Locations. Any person primarily engaged in agronomic research, and not an applicant under Article 3, shall have the director's permission to conduct nonapproved cotton agronomic research within the District. The maximum acreage allowed for such testing shall not exceed ten (10) acres. Any approved cotton acreage within the test locations shall be included when computing the ten (10) acre limit. Each planting shall be at least one-half (1/2) mile removed from any Acala or Pima planting cottonseed production area. (b) Application. Applications for permission to conduct nonapproved cotton agronomic research shall be made annually in writing to the director on or before January 15 of each year, to provide for Board review and comment, as required by Section 3820, Article 5. A plot map detailing the specific location(s) including Township, Range, Section, and acreage of the proposed planting(s) shall be received by the department on or before February 15 of each year so that the director may determine that the proposed location(s) does not fall within the isolation area designated in Section 3816(a). Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3817. Research on Nonapproved Naturally Colored Cotton. (a) Each applicant conducting: (1) a breeding program, which is a program where initial crosses and evaluations of cotton germplasm or genetic material are made, shall be limited to no more than two (2) locations totaling no more than one hundred (100) acres; (2) performance tests, which are tests used to evaluate cotton for which initial crosses and evaluations have been made in a breeding program, shall be limited to no more than four (4) locations for a total of not more than two hundred (200) acres; (3) agronomic tests, which are tests used to develop scientific data for cotton evaluation, shall be limited to three (3) locations for a total of not more than ten (10) acres. All research indicated in this section shall adhere to the field isolation requirements in Section 3818.3. (b) Applications for permission to conduct nonapproved naturally colored cotton research shall be made annually in writing to the department by January 15 of each year. A plot map detailing the specific location(s) including Township, Range, and Section, and acreage of each proposed location shall be filed with the department by February 15 of each year, so that the department may determine that each proposed location meets the isolation requirements of Section 3818.3. (c) Cotton grown under this article shall adhere to the requirements of Sections 3818.5 (harvest equipment), 3818.8 (ginning), 3819 (delinting), and 3819.3 (marketing). Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3818. Production and Notification Requirements. A producer who intends to grow California naturally colored cotton shall provide written notification to the department by January 15. The notification shall include the name, address, telephone number, and signature of the producer, property owner, or company official contracting for the production or purchase of such cotton and the acreage intended for planting. By February 15, the producer shall provide the department with a legal description of each production location including Township, Range, and Section; a map of each of these locations; the acreage that will be planted; and the names and means of contacting any person controlling cotton production on property within one (1) mile of each production location. By March 1 of each year, the department shall notify each person controlling said proximal cotton production of the California naturally colored cotton producer's intent. The person controlling said proximal cotton production shall notify the department by March 20 if they intend to plant white cotton within the required isolation distances from the noticed colored cotton locations. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3818.3. Isolation of Naturally Colored Cotton from Other Cotton. It is the responsibility of the producer of colored cotton to ensure that isolation requirements are met prior to planting. (a) "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used to determine isolation of acreage planted with California naturally colored cotton from acreage planted with cotton grown to produce all classes of certified seed. This document is incorporated by reference. In the absence of such standards, a grower shall not plant colored cotton within five (5) miles of any white cotton grown for production of planting seed. A grower shall not plant colored cotton within one (1) mile of any white cotton, except on property under his supervision. That grower may plant colored cotton as close as two hundred (200) feet from white cotton providing that the latter will not be used for the production of planting seed. (b) Colored cotton acreage shall be subject to destruction in the field if it is planted within these isolation distances. However, destruction shall not be required under the following circumstances: (1) Growers who have planted the colored cotton have provided the notification and location information required in Section 3818; and, (2) Growers who have planted white cotton within the isolation distances have not provided the notification required in Section 3818. (c) California Upland, California Pima, or Approved cotton shall not be planted on land used to grow naturally colored cotton until the land has been irrigated at least twice and gone without cotton for at least two cotton growing seasons. (d) Prior to the beginning of each cotton planting season, the department shall notify all colored cotton producers of the cotton plant back restrictions. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3818.5. Equipment Used During the Harvest of Naturally Colored Cotton. Mechanical harvesters, module builders, module movers, and trailers that have held colored cotton shall be inspected and released by the department before they are used for other cotton. Prior to movement, all modules, trailers, or other containers holding colored cotton shall be clearly marked as to contents under the supervision of the department. Colored cottonseed and seed cotton shall be totally enclosed or covered when transported. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3818.8. Naturally Colored Cotton Ginning. Colored cotton shall not be ginned in the San Joaquin Valley Quality Cotton District except at a facility dedicated to colored cotton ginning or at a facility which gins colored cotton at the end of the season to be followed by at least fifty (50) bales of white cotton immediately prior to ceasing operation for the season. All such white cotton bales shall be marked to the satisfaction of the department. Prior to the beginning of the next ginning season, the department will inspect each facility that has ginned both colored and white cotton. No saving of white cottonseed for planting shall be done by a gin which processes any colored cotton. (a) All bales and seed for planting shall be clearly identified by the department as being colored cotton. (b) All seed not for planting shall be crushed, cracked, or otherwise rendered non-viable or shipped out of the District subject to destination state and federal requirements. (c) Gin trash shall be disposed of in a manner and at locations which will mitigate any contamination risk from any seed which may be present. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3819. Naturally Colored Cottonseed Delinting. Colored cottonseed shall not be delinted in the San Joaquin Valley Quality Cotton District except at a facility dedicated to colored cottonseed delinting. The delinter shall inform the department of the quantity of each variety delinted, its storage location, and where and when moved. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3819.3. Marketing. The marketer shall maintain the identity of California naturally colored cotton. Records shall be made available by the marketer to the department, upon request, to indicate bale numbers of such cotton sold. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3820. Board Review and Comment. The director, upon receipt of the annual application, will forward such application to the Board for review and comment. The Board may require the applicant to appear in person to present his or her nonapproved cotton testing program. The director, after Board review and comment, may approve the nonapproved cotton testing program proposed by the applicant. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Sections 52891 and 52901, Food and Agricultural Code. s 3821. Cottonseed Arriving from Outside the District. (a) All planting cottonseed arriving from outside the District for planting within the district shall: (1) Be free of angular leafspot, Xanthomonas malvacearum; (2) conform to the requirements of the Federal Pink Bollworm Quarantine (7 C.F.R. 301.52); (3) conform to those sections applicable to cotton in Division 4 of this Title 3. (b) All planting cottonseed upon arrival within the District shall be inspected for freedom from angular leafspot by the department or by a department approved laboratory. The applicant shall be liable for all costs involved in such inspection. Sampling to determine freedom from angular leafspot, X. malvacearum, shall be as follows: (1) A representative sample of twelve hundred (1200) seeds shall be taken by the department from each lot of planting cottonseed originating outside the District and submitted to the Analysis and Identification Unit, Division of Plant Industry, Department of Food and Agriculture for testing for angular leafspot. (2) Seed lots consisting of less than twelve hundred (1200) seeds may be field inspected, after planting, for angular leafspot by the department. (c) All lots of planting cottonseed found to be infected with angular leafspot shall be disposed of by discing of the infected fields, if in the field, and destruction of the infected seed lot, under the supervision of the director. (d) The importation of planting cottonseed from outside the District for planting purposes shall be suspended upon discovery of any new pest suspected or determined by the director to be of serious economic importance to agriculture. Suspension shall continue until adequate precautions, eradication, or intensive control measures have been applied which assure that such nonapproved planting cottonseed is in compliance with all of the department's pest prevention requirements. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3821.1. Hold Used Cotton Machinery for Inspection in San Joaquin Valley Quality Cotton District. (a) The Secretary hereby finds that cottonseed and seed cotton from "nonapproved cotton" as defined in section 3800, may be introduced into the San Joaquin Valley Quality Cotton District as defined in Section 52865, Food and Agricultural Code, in, on or associated with cotton machinery, equipment and appliances; and further that such cottonseed or seed cotton if disseminated in the fields of said District or mixed with approved cotton varieties would jeopardize the purposes of said District as set forth in Sections 52851 through 52854, Food and Agricultural Code. (b) No person shall bring into the San Joaquin Valley Quality Cotton District any cotton machinery, parts of machinery, equipment or appliances which have been used or field tested outside of said District, without immediately notifying the County Agricultural Commissioner of the arrival thereof, and holding such articles for inspection before use. (c) The County Agricultural Commissioner may upon such inspection require that any cottonseed or seed cotton on, in or associated with such articles be removed and destroyed under supervision at the expense of the owner or bailee, in order to avoid the possibility of introduction of seeds of nonapproved cotton varieties into the San Joaquin Valley Quality Cotton District. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Sections 52851-52855, 52901, and 52971-52976, Food and Agricultural Code. s 3822. Planting and Harvesting Notification. (a) The director shall be notified at least 48 hours prior to planting or harvesting of any authorized nonapproved cotton. (b) After planting or harvest, planters, pickers, and other related field equipent shall be cleaned to the satisfaction of the director to assure against contamination of approved planting seed cotton. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3823. Nonapproved White Cotton Ginning, Including California Upland and California Pima Cotton. (a) The department shall be notified at least 48 hours prior to the ginning of any nonapproved cotton. (b) All nonapproved white cotton shall be ginned under the supervision of the department to assure proper identification and gin cleanup to prevent contamination of approved cotton lint. Ginning shall be done in a manner that prevents the mixing of nonapproved and approved cotton lint. Nonapproved Pima seed cotton shall only be roller ginned and nonapproved Upland seed cotton shall only be saw ginned. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3823.1. Nonapproved Colored Cotton Ginning. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3824. Nonapproved Cotton Lint Storage and Identification, Including California Upland, California Pima, and California Naturally Colored Cotton. (a) Cotton lint ginned within the District and not from an approved cotton shall be identified as "SJV EXPERIMENTAL", "CALIFORNIA UPLAND", "CALIFORNIA PIMA", or "CALIFORNIA NATURALLY COLORED" cotton at all times. (b) Identification tags and decals shall be affixed to bales under the supervision of the department. Identification shall not be removed without permission of the department. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3825. Nonapproved Cottonseed Disposal. Nonapproved cottonseed shall be disposed of under the supervision of the director. Nonapproved cottonseed saved for use by the applicant shall be identified and safeguarded against being commingled with any approved planting cottonseed. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3826. Nonapproved White Cottonseed Delinting, Including California Upland and California Pima Cotton. The department shall be notified by the delinter at least 48 hours prior to the delinting of any nonapproved white cottonseed. All delinting shall be done in a manner that assures the Secretary that proper identification of nonapproved cottonseed, equipment cleanup, and separation from approved planting cottonseed has been maintained. Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. s 3826.1. Nonapproved Colored Cottonseed Delinting. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. s 3830. Refusal of Applications. The director shall refuse an application or revoke an authorization granted under these regulations, if: (a) The proposed location does not meet the isolation requirements under Sections 3810(a), 3811(a), and 3815(a) or 3816(a); (b) The applicant or his cooperators fail to comply with the regulations pertaining to this subchapter, or state or federal quarantines applicable to cotton. (c) After review and comment by the Board, the program proposed is determined not to be in the best interests of the cotton industry in the District. Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code. Note: Authority cited for ss 3800-3805, Sections 16 and 154.4 of the Agricultural Code. <<(Subchapter Originally Printed 7-25-45)>> s 3850. Terms Defined. (a) As used in the California Seed Law, Section 52251 et seq., Food and Agricultural Code, and in Group 3 of these regulations: (1) "Lot" means a definite quantity of seed normally identified by a number or other identification. (2) Change in Lot. As used in Section 52354(a) of the Food and Agricultural Code the identity of the lot has been changed whenever the information required by any of the following sections of the Food and Agricultural Code has been changed: 52452(b), (h) and 52453(c), (d). (3) "Origin Inspected Warehouse" means a premise which has maintained standards included in Article 7 of these regulations and therefore is exempt from the provisions of Section 6501, Food and Agricultural Code. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52254.5, 52257.5, 52331, 52333, 52354, 52363, 52391, 52392, 52451-52454, 52482, and 52511, Food and Agricultural Code. s 3851. Agricultural Seeds. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3852. Vegetable Seeds. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3853. Weed Seeds. The following species, when occurring incidentally in agricultural seed, are classed as weed seeds for the purpose of labeling as required by Section 52452, Food and Agricultural Code, unless labeled and sold as specific constituents of a definite seed mixture: (a) All species not listed in Section 3899, Schedule I (a). (b) All species listed in Section 3901, Schedule III. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3854. Prohibited Noxious Weed Seed. In accordance with Section 52332 of the Food and Agricultural Code, the Director hereby designates the seed or propagule of the following species of plants to be prohibited noxious weed seed within the meaning of Section 52257 of the Food and Agricultural Code: Alhagi pseudalhagi (camelthorn) Cardaria chalepensis (lens-podded hoary cress) Cardaria draba (heart-podded hoary cress) Cardaria pubescens (globe-podded hoary cress) Carduus acanthoides (plumeless thistle) Carduus nutans (musk thistle) Carthamus leucocaulos (whitestem distaff thistle) Centaurea repens (Russian knapweed) Cirsium arvense (Canada thistle) Cirsium undulatum (wavyleaf thistle) Cucumis melo var. dudaim (dudaim melon) Euphorbia esula (leafy spurge) Helianthus ciliaris (blueweed) Lepidium latifolium (perennial pepperweed) Onopordum spp. (onopordum thistles) Rorippa austriaca (Austrian fieldcress) Solanum carolinense (Carolina horsenettle) Solanum elaeagnifolium (white horsenettle) Sonchus arvensis (perennial sowthistle) Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Sections 5004, 52256-52258, 52287 and 52332, Food and Agricultural Code. s 3855. Restricted Noxious Weed Seed. In accordance with Section 52332 of the Food and Agricultural Code, the Director hereby designates the seed or propagule of the following species of plants to be restricted noxious weed seed within the meaning of Section 52258 of the Food and Agricultural Code: Agropyron repens (quackgrass) Allium vineale (wild garlic) Carduus pycnocephalus (Italian thistle) Carduus tenuiflorus (Italian thistle) Carthamus baeticus (smooth distaff thistle) Carthamus lanatus (woolly distaff thistle) Cenchrus echinatus (southern sandbur grass) Cenchrus incertus (coast sandbur grass) Cenchrus longispinus (mat sandbur grass) Centaurea solstitialis (yellow starthistle) Chorispora tenella (purple mustard) Convolvulus arvensis (field bindweed) Cuscuta spp. (dodder) Cyperus esculentus (yellow nutgrass) Cyperus rotundas (purple nutgrass) Elymus caputmedusae (medusahead) Halogeton glomeratus (halogeton) Hypericum perforatum (Klamath weed) Iva axillaris (poverty weed) Salvia aethiopis (Mediterranean sage) Sida hederacea (alkali mallow) Sorghum halepense (Johnsongrass and other perennial Sorghum spp. including but not limited to Sorghum almum and perennial sweet sudangrass.) Tribulus terrestris (puncture vine) Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Sections 5004, 52256-52258, 52287 and 52332, Food and Agricultural Code. s 3856. "Cleaning or Conditioning." as used in Section 52451, Food and Agricultural Code, means cleaning, scarifying, or blending to obtain uniform quality, and other operations which would change the purity or germination of the seed and therefore require retesting to determine the quality of the seed; but not to include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52451, Food and Agricultural Code. s 3861. Specimen Labels. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52451-52454, Food and Agricultural Code. s 3862. Blank Spaces or the Words "Free" or "None." in the place of a number or percentage on the label are construed as equivalent to "0" or "0.00 percent," as the case may be, for the purpose of applying the tolerances prescribed in these regulations. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52452 and 52453, Food and Agricultural Code. s 3863. Designation of Kind, Type or Variety. (a) Agricultural Seeds. The common names listed in Section 3899, Schedule I (a), are recognized as "commonly accepted" names for the purpose of labeling agricultural seeds as required by Section 52452, Food and Agricultural Code. (b) Vegetable Seeds. The common names listed in Section 3899, Schedule I (b), are recognized as names of "kind" for the purpose of labeling vegetable seeds as required by Section 52453, Food and Agricultural Code. In addition to the "kind," the "variety" is required to be stated on the label of vegetable seeds. If the variety is not known, the label is construed to be in compliance with this provision if it contains the words "unknown variety." (c) Other Names. Any name of kind, type, variety or strain, whether listed in Schedule I or not, is construed to comply with the requirements of Sections 52452 and 52453, Food and Agricultural Code, if its application to the seed so labeled is in fact in common usage in California, unless such usage is misleading or confusing. Names or terms that tend to create a false impression as to history or quality of the seed are construed to be misleading. (d) Hybrid. The term "hybrid" applied to kinds or varieties of seed means the first generation seed of a cross produced by controlling the pollination and by combining (1) two or more inbred lines; (2) one inbred or a single cross with an open-pollinated variety; or (3) two selected clones, see lines, varieties, or species. "Controlling the pollination" means to use a method of hybridization which will produce pure seed which is at least 75 percent hybrid seed. Hybrid designations shall be treated as variety names. Any kind or variety that is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show (a) the percentage that is hybrid seed or (b) a statement such as "contains from 75 percent to 95 percent hybrid seed." Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52452, Food and Agricultural Code. s 3864. Seed in Hermetically Sealed Containers. The period of validity of germination tests is extended, as provided in Section 52481(c), Food and Agricultural Code, to the following period for seed packaged in hermetically sealed containers under conditions and label requirements set forth in this section: (a) Germination Tests. The germination test for agricultural and vegetable seed shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale: (1) In the case of agricultural or vegetable seeds shipped, delivered, transported, or sold to a dealer for resale, 18 months; (2) In the case of agricultural or vegetable seeds for sale or sold at retail, 36 months. (b) Conditions of Packaging. The following conditions are considered as a minimum under the provisions of Section 52481(c), Food and Agricultural Code: (1) A container, to be acceptable under the provisions of this section, shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100U F. with a relative humidity on one side of 90 percent and on the other of 0 percent. Water vapor penetration or WVP is measured by the standards of theU.S. Bureau of Standards as: gm H2O/24 hr./100 sq. in./100U F./90% RH V. 0% RH (2) The percentage of moisture, on a wet weight basis, of agricultural or vegetable seeds subject to the provisions of this section shall not exceed the following: Maximum percent Family Kind seed moisture Graminae Sweet corn.................................... 8.0 Kentucky bluegrass............................ 6.0 Red fesue..................................... 8.0 Perennial ryegrass............................ 8.0 Liliaceae Onion, leek, chive, welsh onion............... 6.5 Chenopodiaceae Beet, chard................................... 7.5 Spinach....................................... 8.0 Cruciferae Cabbage, broccoli, cauliflower, collards, Chinese cabbage, kale, turnip, rutabaga, kohlrabi, Brussels sprouts, mustard, radish........... 5.0 Leguminosae Snap bean, lima bean, pea..................... 7.0 Crimson clover................................ 8.0 Umbelliferae Carrot, celery, celeriac...................... 7.0 Parsnip....................................... 6.0 Parsley....................................... 6.5 Solanaceae Tomato........................................ 5.5 Pepper........................................ 4.5 Eggplant...................................... 6.0 Cucurbitaceae Cucumber, muskmelon, squash, pumpkin.......... 6.0 Watermelon.................................... 6.5 Compositae Lettuce....................................... 5.5 All other agricultural or vegetable seed not listed above................................ 6.0 A tolerance of one (1.0) percent moisture is applicable to the maximum percentage of moisture listed above and the percentage of moisture found by an official test. The percentage of moisture shall be determined by the air oven method. (c) Labeling Required. In addition to the labeling required by Sections 52452, 52453 or 52484, Food and Agricultural Code, seed packaged under the provisions of this section shall be conspicuously labeled with the following information: (1) Seed has been preconditioned as to moisture content. (2) Container is hermetically sealed. "Germination test valid until (month, year)" may be used on the label. (Not to exceed 36 months from date of test.) Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52481, Food and Agricultural Code. s 3865. Germination Standards. The standards of germination indicated in Section 3900, Schedule II, are the germination standards for vegetable seeds for the purpose of the label statements required by Section 52453, Food and Agricultural Code. The standards include hard seeds, if present, provided that in packages of more than one-half pound the percentage of hard seeds and the percentage of germination exclusive of hard seeds are separately stated on the label. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52453, Food and Agricultural Code. s 3866. Treated Seed. Note: Authority cited: Sections 407, 52331 and 52332, Food and Agricultural Code. Reference: Sections 52332 and 52484, Food and Agricultural Code. s 3867. Labeling of Seed Containers. In addition to the information required under Sections 52451 through 52455 of the Food and Agricultural Code each label of agricultural and/or vegetable seed shall include the Arbitration/Conciliation/Mediation Notice required in Section 3915.1, except seed covered by Sections 52453(e), 52454, and 52455; seed covered by Section 52454 shall bear the notice in accordance with Section 52454(b). The procedure for making the formal complaint referred to in the arbitration/conciliation/mediation notice is set forth in Sections 3915 through 3918. Note: Authority cited: Sections 407, 52331 and 52332, Food and Agricultural Code. Reference: Sections 52332 and 52451-52455, Food and Agricultural Code. s 3871. Classification of Samples. (a) An official sample is a sample drawn by an enforcement officer in the manner prescribed by Sections 3872 and 3873 for the purpose of determining whether the seed is in compliance with the provisions of the California Seed Law, Section 52251 et seq., Food and Agricultural Code. (b) A certification sample is a sample drawn by an agent of a recognized seed certifying agency, or by an enforcement officer acting upon the request of such agency, in accordance with the rules and regulations of such agency. (c) A quarantine sample is a sample submitted for noxious-weed seed examination by a commissioner or a plant quarantine officer. (d) A service sample is a sample submitted for testing for an individual or firm. (e) A miscellaneous sample is any sample not otherwise classified. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3872. Sampling. (a) Procedure. The following procedure shall be followed for securing official samples and is recommended for all other samples: (1) General. (A) Approximately equal portions shall be taken from fairly evenly distributed parts of the quantity of seed to be sampled. Access shall be had to all parts of that quantity. When more than one trierful of seed is drawn from a container, each successive trierful shall be from evenly separated parts of the container. When more than one handful is taken from a container the handfuls shall be taken from well-separated parts. (B) For free-flowing seed in bags or bulk, a probe or trier long enough to sample any portion of the bag shall be used. (C) Non-free-flowing seed, such as certain grass seed, or uncleaned seed, difficult to sample with a probe or trier, shall be sampled by thrusting the hand into the bulk and withdrawing representative portions. Protective gloves shall be worn when sampling treated seed. (D) As the seed is sampled, each portion shall be examined and if there appears to be a lack of uniformity, the portions shall not be combined but shall be retained as separate samples to determine such lack of uniformity as may exist. (E) When the portions appear to be uniform, they shall be combined to form a composite sample. (F) If a sealed container is opened or probed for inspection, the inspector shall reseal the container with a suitable seal indicating the purpose for which the container was opened. (G) If a label is removed, the inspector shall affix to the container a tag on which the label statements have been copied. (2) Bulk. Bulk seeds shall be sampled by inserting a long probe or thrusting the hand into the bulk, as circumstances require, in at least seven fairly uniformly distributed parts of the quantity being sampled. (3) Bags. (A) In quantities of six bags or less each bag shall be sampled. (B) In quantities of more than six bags, five bags plus at least 10 percent of the number of bags in the lot shall be sampled. Regardless of the lot size it is not necessary that more than 30 bags be sampled. (C) Samples shall be drawn from unopened bags except under circumstances where the identity of the seed has been preserved. (4) Other Containers. (A) In sampling seed in sealed containers, such as vegetable seed in packets, or lawn seed in boxes, when it is not practical to sample by other means, one or more entire unopened containers shall be taken. (B) If requested by the custodian, sealed containers of single component seeds, containing more weight than needed for the official sample, shall be opened on the premises and the sample taken in the presence of the custodian. The remainder of the contents of the opened container shall be left with the custodian. (C) Seed in containers, other than bags, when it is practical to sample by a probe without breaking the seal, shall be sampled in the same manner as seed in bags. (D) Regardless of the type of container, the sample in the aggregate shall notbe less than the quantity specified in subsection (b) of this section. (b) Size of Sample. The following are minimum weights of official samples of seed to be submitted for analysis, test, or examination: (1) Agricultural Seed. (A) Four ounces (114 grams) of bentgrasses, red fescues, bluegrasses, white or alsike clover, or seeds not larger than these. (B) Eight ounces (227 grams) red clover, alfalfa, ryegrasses, bromegrasses, meadow or tall fescues, wheatgrasses or seeds of similar size. (C) One pound (454 grams) of sudangrass, subclover, sugar beet, or seeds of similar size. (D) Two pounds (908 grams) of cereals, vetch, safflower, sorghum, or seeds of similar or larger size. (2) Vegetable Seed. (A) One-eighth ounce (3.54 grams) of celery, lettuce, onion, cabbage or seeds not larger than these. (B) One-half ounce (14.18 grams) of pepper, eggplant or seeds of similar size. (C) One ounce (28.35 grams) of spinach, radish, table beet, muskmelon, or seeds of similar size. (D) Four ounces (114 grams) of asparagus, New Zealand spinach, watermelon or seeds of similar size. (E) One pound (454 grams) of pea, garden bean, pumpkin, corn or seeds of similar size. (F) Two and one-half pounds (1.14 Kilograms) of lima bean, runner bean, horsebean, or seeds of similar or larger size. When a purity analysis is requested to determine the percentage by weight of any sample of vegetable seed, the minimum weight of the sample shall be not less than the minimum weight required for an official sample of agricultural seed of similar size. (c) Preparation of Official Sample. (1) A "description of sample" form, provided by the department, shall be completed for each sample, and a label or facsimile label shall be attached to the original copy. (2) For seed sampled in bags or bulk the sample shall be enclosed in an official sample bag, properly identified by the appropriate portion of the "description of sample" form and sealed with an official seal. If requested by the custodian, or other financially interested party, the sample shall be divided and a portion left on the premises. (3) For seed sampled in packets or other sealed containers, where the entire container is taken as the sample, the sample may be submitted without being enclosed in an official sample bag; provided the appropriate portion of the "description of sample" form is firmly attached to the container or containers submitted as a sample. (4) All samples shall be plainly marked outside with an appropriate identificaton. (5) Samples of treated seed shall be double bagged with an inner bag of plastic. The outer container shall be clearly marked to indicate the treatment material and under the remarks section of the "description of sample" form reference to treatment labeling shall be made, such as "properly labeled as to (generic or common name/s) treatment." Any documents accompanying the official sample shall not be placed inside the plastic bag. (d) Return of Official Sample. Any portion of the sample not used in making the tests shall be returned to the owner at his expense, if requested within 60 days of sampling. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3873. Forwarding Sample. (a) An official sample and the "description of sample" form, accompanied by a label, shall be sent to California Department of Food and Agriculture, Nursery and Seed Services, 1220 N Street, Sacramento, California 95814. (b) All other samples may be placed in any suitable nonsealed container, and forwarded to the State Seed Laboratory, Laboratory Services, California Department of Food and Agriculture, 1220 N Street, Sacramento, California 95814, except as provided in subsection (c). (c) Certification samples should be forwarded to the seed-certifying agency for which they were drawn. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3874. Labels. s 3875. Seed-Certifying Agencies. (a) Recognized Agency. The director, after consultation with the director of the University of California Agricultural Experiment Station, as provided in subparagraph (e) of Section 52332, Food and Agricultural Code, finds that the following is qualified to certify as to variety, type, strain, and other genetic characters of agricultural and vegetable seeds, and is hereby officially approved and recognized as a seed-certifying agency within the meaning of the California Seed Law: California Crop Improvement Association, a nonprofit corporation incorporated under the laws of the State of California. (b) Official Agencies authorized by law to certify as to matters of fact respecting agricultural or vegetable seeds are not construed to be "seed-certifying agencies" within the meaning of Section 52482, Food and Agricultural Code, and such certification does not authorize representation of seed so certified as "certified seed" unless expressly provided by law. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Fod and Agricultural Code. s 3876. Cooperation with Seed-Certifying Agencies. All services performed at the request of and in cooperation with an officially recognized seed-certifying agency shall be performed in accordance with the rules and regulations of that agency, insofar as consistent with the provisions of law. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52421, Food and Agricultural Code. s 3877. Fees for Certification Services. (a) Schedules. The fees for certification services performed by the director are shown in Section 4603(f). The fees for certification services performed by commissioners may be established as provided in Section 52422, Food and Agricultural Code, and in this regulation. (b) Approval of Schedules. Each commissioner, before establishing a schedule of fees for certification services performed under the provisions of Section 52422, Food and Agricultural Code, is required to submit the proposed schedule to the director for approval. Schedules of fees submitted for approval should be based on the approximate cost of these services. (c) Transmittal. Claims for fees according to the approved schedule may be submitted directly to the seed-certifying agency, and payment of fees for services performed by a commissioner may be transmitted directly to the commissioner for such disposition as may be directed by the board of supervisors. Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852, 52331 and 52422, Food and Agricultural Code. s 3878. Indistinguishable Seed. Determinations shall be made in the same manner as currently required by Sections 201.58a-201.58c, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations). Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3879. Noxious-Weed Seed Examination. Examination of a sample for noxious-weed seeds shall be made in accordance with the current procedure prescribed in Section 201.52, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations). Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3880. Purity Analysis. A purity analysis includes examination for noxious-weed seeds, as defined in Section 3879, and shall be made in the same manner as currently required by Sections 201.45-201.51(a), Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations). Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3881. Germination Tests. Germination tests shall be made in the same manner as currently required by Sections 201.53-201.58, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations). Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3882. Tolerances. The tolerances to be applied in all enforcement procedure required by the California Seed Law shall be the same as currently provided in Sections 201.59- 201.65, Federal Seed Act Regulations (Title 7, Chapter 1, Part 201 of the Code of Federal Regulations). Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3883. Fees for Testing and Other Services. The fees for tests other than those made free of charge are shown in Section 4603(f). All fees for testing are payable in advance, except that for governmental agencies prohibited by law from making advance payments, tests may be made on receipt of a purchase order or other authorization for payment of the proper fees. Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852 and 52331, Food and Agricultural Code. s 3884. Free Tests. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3885. Mixtures. (a) For germination tests of mixtures of three or more kinds of lawn or pasture seed which require a purity separation before a germination test is made, the fee established in Section 4603(f) includes a purity analysis report if specifically requested. (b) For germination tests of mixtures other than those specified in subsection (a) of this section, the fee is the sum of the fees established in Section 4603(f) for germination tests of the several components. For a purity analysis of such mixtures, the fee is the same as for that component of the mixture for which the highest charge would be made if analyzed separately. Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 5851, 5852 and 52331, Food and Agricultural Code. s 3887. Hearings. Hearings held before the director pursuant to Sections 52311(c) and 52393 of the Food and Agricultural Code shall, as far as practicable, be governed by the procedure prescribed by the Government Code, Title 2, Division 3, Part 1, Chapter 5, Section 11500 et seq., except that the director, or a hearing officer designated by the director shall preside. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52311 and 52393, Food and Agricultural Code. s 3888. Procedure Under "Stop-Sale" Order. (a) Form. The "stop-sale" order shall be in the form provided for the purpose by the Department. A warning tag or notice may be attached by the enforcement officer to any lot of seed held under a "stop-sale" order. Such tag or notice shall be in the form provided by the Department and shall not be removed except by or under the direction of an enforcement officer, until the "stop-sale" order has been removed. (b) Proof of Service. Within five days after service of any "stop-sale" order, the person making the service shall forward to the Director a copy of the order together with an acknowledgment of service signed by the person served, or an affidavit stating the time and place of service upon the person named in the order. (c) Release. Upon notification that the law has been complied with, the Commissioner or the Director shall examine the evidence of compliance, and if satisfied that the law has been complied with, shall immediately cause the "stop-sale" order to be removed. When a new test is required, evidence of compliance shall include a copy of the record of the new test, indicating that the seed held under the "stop-sale" order has been sampled and tested. (d) Disposal Permits. Permission to move or otherwise dispose of a lot of seed held under "stop-sale" order shall be in the form provided by the Department, and shall specify the purpose for which the permit is given. No permit shall be issued for movement to another county except with the approval of the Commissioner of the county of destination. (e) Demand for Hearing. Demand for hearing as to justification of a "stop-sale" order shall be in writing and shall be filed with the Director or Commissioner who issued the order. Such demand may be filed at any time before the "stop-sale" order is removed. (f) Notice of Hearing. Within fifteen days after receipt of a demand for a hearing as to the justification of a "stop-sale" order, the Director or the Commissioner upon whom demand has been made shall fix a time and place for such hearing, and shall so notify the person making the demand. (g) Hearing. Hearings as to justification of "stop-sale" orders shall be private and shall be conducted in the manner prescribed by Section 3887. (h) Record. The original record of the proceedings shall be filed in the office of the Director; one copy shall be filed in the office of the Commissioner, if the hearing was called by a Commissioner; and one copy shall be mailed to the person on whose demand the hearing was called. (i) Findings. If the hearing officer, upon the facts shown at the hearing, finds that the "stop-sale" order is justified, the hearing officer shall make an order dismissing the proceedings. If the hearing officer finds that the "stop-sale" order is not justified, the hearing officer shall cause the "stop-sale" order to be removed forthwith. (j) Appeal. Appeals shall be made in writing and filed in the office of the Director. Hearings on appeal shall be conducted in like manner and with like effect as hearings on the original cause. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52391, 52392 and 52393, Food and Agricultural Code. s 3890. Designation of Origin Inspected Warehouse. An origin inspected warehouse shall: (a) Maintain complete records of all lots of seed subject to Article 8 of the California Seed Law, Sections 52451-52454, Food and Agricultural Code, and have such records available to an enforcing officer. (b) Maintain a compliance level for lots of seed officially sampled at origin as indicated in Section 3891. A lot of seed is deemed to comply if (1) found free of the seed of a "noxious weed" as defined under the provisions of Section 52256, Food and Agricultural Code and (2) found in compliance with Sections 52452 or 52453, Food and Agricultural Code. A premise shipping seed complying with these standards may apply t the director for designation as an "Origin Inspected Warehouse" and if approved in accordance with Section 3892, shall be assigned a designation which may be used on all labeling. Note: Authority cited: Sections 407 and 52333, Food and Agricultural Code. Reference: Section 52333, Food and Agricultural Code. s 3891. Sampling. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52331 and 52333, Food and Agricultural Code. s 3892. Designation and Reinstatement As an "Origin Inspected Warehouse." Before issuing an official designation to an establishment, the responsible party shall show the Director technical competence, responsibility and good faith in seeking to hold said designation. The Director may refuse to issue an official designation to a responsible party who fails to make such a showing and may refuse to reissue a designation to a party whose designation has been revoked until such a showing is made. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52333, Food and Agricultural Code. s 3893. Revocation of Designation As "Origin Inspected Warehouse." Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52333, Food and Agricultural Code. s 3899. Schedule I (a) Agricultural Seeds [FNa1] Common name [FNaa1] Botanical name Alfalfa Medicago sativaL. Alfilaria: Filaree Alyceclover Alysicarpus vaginalis(L.) DC. Amaranth Amaranths spp. Bahiagrass Paspalum Notatum Fluegge Barley Hordeum vulgareL. Bean [FNa1] as follows: Adzuki bean Vigna angularis (wild)ohwi and Ohashi Bean (field) Phaseolus vulgarisL. Bell bean:Horsebean, small seeded Blackeye bean: Cowpea Broadbean:Horsebean Garbanzo bean:Chickpea Lima bean P. lunatusL. Mat bean Vigna acontifolia(Jacq.) Marechal Moth bean: Mat bean Mung bean V. radiata(L.) Wilczek var.radiata Rice bean V. umbellata(Thunb.) ohwi and Ohashi Tepary bean Phaseolus acutifoliusA. Gray var.latif oliusFreem. Windsor bean: Horsebean See also: Castorbean Horsebean Soybean Velvetbean Beet [FNa1] as follows: Field beet:Mangel wurzel Beta vulgaris L. Sugar beet Beta vulgaris L. Bentgrass as follows: Colonial bentgrass, Agrostis tenuisSibth. including all cultivar Creeping bentgrass A. stoloniferaL. var.palustris(Huds.) Farw. Seaside bentgrass: Creeping bentgrass Velvet bentgrass A. caninaL. Bermudagrass as follows: Bermudagrass Cynodon dactylon(L.) Pers. var.dactyl on Giant bermudagrass Cynodon dactylonvar.aridusHarlan and deWet Bluegrass as follows: Annual bluegrass Poa annuaL. Big bluegrass P. ampla Merr. Bulbous bluegrass P. bulbosaL. Canada bluegrass P. compressaL. Kentucky bluegrass P. pratensisL. Nevada bluegrass P. nevadensisVasey Rough bluegrass P. trivialisL. Texas bluegrass P. arachniferaTorr. Winter bluegrass: Bulbous bluegrass Wood bluegrass P. nemoralisL. Bluestem as follows: Big bluestem Andropogon gerardiVitman Little bluestem Schizachyrium scopariumMichx. Sand bluestem Andropogon HalliiHack. Yellow bluestem Bothriuchloa ischaemum(L.) Keng Bluestem wheatgrass:see wheatgrass Broomcorn:Sorghum Broomcorn millet:Proso millet Brome as follows: Blando brome: Soft chess Bromus mollisL. California brome B. carinatusHook and Arn. Harlan brome B.stamineus(L.) Desv. Mountain brome B. marginatusSteudel Prairie brome: Rescuegrass B. catharticsVahl. Smooth brome B. inermisLeyss Buckhorn plantain:see plantain Buckwheat Common buckwheat Fagopyrum esculentumMoench. Tartary buckwheat F. tataricumGaertn. Buffalograss Buchloe dactyloides(Nutt.) Engl. Buffelgrass Cenchrus ciliarisL. Burclover as follows: California burclover Medicago polymorphaL. Spotted burclover M. arabica(L.) Huds. Burnet, little Sanguisorba minorScop. Canarygrass Phalaris canariensisL. Canarygrass Reed P. arundinaceaL. Cane:Sorghum Carpetgrass Axonopus affinisChase Castorbean Ricinus communisL. Charlock:Field mustard Chess, soft: Blando brome Bromus mollisL. Chickpea Cicer arietinumL. Clover as follows: Alsike clover Trifolium hybridumL. Berseem clover T. alexandrinumL. Cluster clover T. glomeratumL. Crimson clover T. incarnatumL. Egyptian clover:Berseem clover Hop clover Large hop clover T. campestrisSchreb. Low hop clover:Large hop clover Small hop clover:Suckling clover Ladino clover T. repensL. Lappa clover T. lappaceumL. Persian clover T. resupinatumL. Red clover T. pratenseL. Rose clover T. hirtumAll. Strawberry clover T. fragiferumL. Subclover T. subterraneumL. Suckling clover T. dubiumSibth. White clover T. repensL. See also: Alyceclover Burclover Sourclover Sweetclover Corn [FNa1] as follows: Corn Zea maysL. Popcorn Z. maysL. Broomcorn:Sorghum Egyptian corn:Sorghum Kafir corn:Sorghum Cotton Gossypium spp. Cowpea Vigna unguiculata(L.) Walp. subsp.un guiculata Dallisgrass Paspalum dilatatumPoir. Dichondra Dichondra repensForst. Dogtail, crested Cynosurus cristatusL. Dropseed, sand Sporobolus cryptandrus(Torr). A. Gray Durra:Sorghum Fenugreek Trigonella foenum-graecumL. Fescue as follows: Chewings fescue Festuca rubra L. subsp. commutata Gaud. Creeping fescue: Red fescue, creeping Hard fescue F. longifoliaThuill Meadow fescue F. pratensisHuds. Red fescue F. rubraL.subsp.rubra Sheep fescue F. ovinaL. var.ovina Tall fescue F. arundinaceaSchreb. Feterita:Sorghum Filaree as follows: Broadleaf filaree Erodium botrysBertol. Redstem filaree E. cicutarium(L.) Aiton Whitestem filaree E. moschatum(Burm. f.) L'Her. Flax Linum usitatissimumL. Foxtail, Meadow Alopecurus pratensisL. Foxtail millet: See Millet Garbanzo:Chickpea Goatnut:Jojoba Grama as follows: Blue grama Bouteloua gracilis(H.B.K.) Stendel Side-oats grama B. curtipendula(Michx.) Torr. Grasspea Lathyrus sativusL. Guar Cyamopsis tetragonoloba(L.) Taub. Guayule Parthemium argentatumGray Guineagrass Panicum maximumJacq. var.maximum Hardinggrass Phalaris stenopteraHack. Heronbill:Filaree Horsebean [FNa1] Vicia FabaL. Horsebean, small seeded V. fabaL. Indiangrass Sorghastrum nutans(L.) Nash Jojoba Simmondsia chinensisGray Kafir:Sorghum Kaoliang:Sorghum Lespedeza as follows: Chinese lespedeza; Lespedeza cuneataG. (Don) sericea lespedeza Common lespedeza; L. striata(J. A. Murray) Hook and Arn. striate lespedeza Korean lespedeza L. stipulaceaMaxim. Lotus:Trefoil Lovegrass as follows: Boer lovegrass Eragrostis chloromelasSteud. Lehmann lovegrass E. LehmannianaNees Sand lovegrass E. trichodes(Nutt.) Wood Weeping lovegrass E. curvula(Schrad.) Nees Lupine [FNa1] as follows: Blue lupine Lupinus augustifoliusL. White lupine L. albusL. Yellow lupine L. luteusL. Maize:Corn Mallow, little Malva parvifloraL. Malva:Mallow Mangel wurzel: Beet Medick as follows: Black medick Medicago lupulinaL. Spotted medick:Spotted burclover Millet as follows: Broomcorn millet:Proso millet Foxtail millet Setaria italica(L.) Beauv. Hog millet:Proso millet Japanese millet Echinochloa crusgallivar.frumentacea Pearl millet Pennisetum americanum(L.) Schum. Proso millet Panicum miliaceumL. Ragi millet Eleusine coracana(L.) Gaertn. Milo:Sorghum Milo maize:Sorghum Molassesgrass Melinis minutifloraBeauv. Mustard [FNa1] as follows: Black mustard Brassica nigra(L.) Koch. Field mustard B. kaber(DC) L.C. Wheeler India mustard B. juncea(L.) Coss. White mustard B. hirtaMoench Napiergrass Pennisetum purpureumSchum. Natalgrass Rhynchelytrum repens(Willd.) C.E. Hubb Needlegrass:Stipa Oatgrass, tall Arrhenatherum elatiusKoch. J. S. & K.B. Presl. Oat as follows: Common oat Avena sativaL. Red oat Avena byzantinaE. Koch Orchardgrass Dactylis glomerataL. Panicgrass as follows: Blue panicgrass Panicum antidotalRetz. Green panicgrass Panicum maximumvar.trichoglume Eyles Pea as follows: Field pea Pisum sativum(L.) Wedge pea:Grasspea See also: Chickpea Cowpea Grasspea Pigeonpea Roughpea Tangier-pea Peanut Arachis hypogaeaL. Pigeonpea Cajanus CajanMillsp. Pigweed:Amaranth Plantain, buckhorn Plantago lanceolataL. Popcorn: See Corn Proso millet: See Millet Rape as follows: Annual rape Brassica napusL.annuaKoch. Bird rape: Annual turniprape B. RapaL. Turniprape, Biennial B. RapaL. Winter rape B. napusvar.biennis(Schubl. and Mart.) Reichb. Redtop Agrostis giganteaRoch Rescuegrass Bromus unioloidesKunth. Rhodesgrass Chloris gayanaKunth. Rice Oryza sativaL. See also: Wildrice Ricegrass, Indian Oryzopsis hymenoides(Roem. and Schultz.) Ricker Roughpea Lathyrus hirsutusL. Rye Secale cerealeL. Ryegrass as follows: Annual ryegrass Lolium multiflorumLam. Perennial ryegrass L. perenneL. Wimmera ryegrass L. rigidumGaud. Safflower Carthamus tinctoriusL. Sainfoin Onobrychis viciifoliaScopoli Sesame Sesamum indicumL. Sesbania Sesbania exaltata(Raf.) Rybd Shallu:Sorghum Smilograss Oryzopsis miliacea(L.) Asch & Schweinf. Sorghum Sorghum bicolor(L.) Moench. Sorgo:Sorghum Sourclover Melilotus indica(L.) All. Soybean Glycine maxL. Stipa as follows: Nodding stipa Stipa cernuaStebbins & Love Purple stipa S. pulchraHitchc. Sudangrass Sorghum sudanese(Piper) Stopf. Sulla Hedysarum coronariumL. Sunflower [FNa1] Helianthus annuusL. Sweetclover as follows: White sweetclover Melilotus albaDesr. Yellow sweetclover M. officinalis(L.) Lam. Switchgrass Panicum virgatumL. Tangier-pea Lathyrus tingitanusL. Timothy Phleum pratenseL. Tobacco Nicotiana tabacumL. Trefoil as follows: Big trefoil Lotus uliginosusSchkuhr Birdsfoot trefoil L. cornicuatusL. Triticale X Triticosecale(Secale X Triticum) Vaseygrass Paspalum urvilleiSteud. Veldtgrass Ehrhartia calycinaSm. Velvetgrass Holcus lanatusL. Vernalgrass as follows: Annual vernalgrass Anthoxanthum aristatumBoiss. Sweet vernalgrass A. odoratumL. Velvetbean Mucuna deeringiana(Bort.) Merr. Vetch as follows: Bard vetch Vicia calcarataDesf. Calcarata vetch:Bard vetch Common vetch V. sativaL. subsp.sativa Hairy vetch V. villosaR. subsp.villosa Hungarian vetch V. pannonicaGrantz Monantha vetch V. articulataHornem. Narrowleaf vetch; Blackpod vetch V. sativaL. subsp. (L.)Ehrh. Oneflower vetch:Monantha vetch Purple vetch V. benghalensisL. Winter vetch:Hairy vetch Woollypod vetch; Winter pod vetch V. villosaR. subsp.varia(Host) Corb. Wheat Triticum aestivumL. Wheatgrass as follows: Beardless wheatgrass Agropyron spicatum(Pursh) Scribner & Smith f.inerme(Scribner & Smith) Beetle Bluestem wheatgrass:Western wheatgrass Crested or fairway crested wheatgrass A. cristatum(L.) Gaertn. Crested or standard crested wheatgrass A. desertorum(Link) Schult. Intermediate wheatgrass A. intermedium(Host) Beauv. var.in termedium Pubescent wheatgrass A. intermedium(Host) Beauv. var.tri chohorum(Link) Halacsy Siberian wheatgrass A. sibiricum(Willd.) Beauv. Slender wheatgrass A. trachycaulum(Link) H. F. Lewis Streambank wheatgrass A. ripariumSchribn. and Smith Tall wheatgrass A. elongatum(Host) Beauv. Western wheatgrass A. smithiiRydb. Wildrice, annual Zizania aquaticaL. Wildrye as follows: Canada wildrye Elymus canadensisL. Russian wildrye E. junceusFisch. Schedule I (b) Vegetable Seeds [FNa1] Anise Pimpinella anisumL. Anise, sweet Foeniculum vulgareMill. Artichoke Cynara scolymusL. Asparagus Asparagus officinalisL. Balm; lemon Melissa officinalisL. Basil, sweet Ocinum basilicumL. Bean [FNa1] Asparagus bean:Yardlong cowpea Blackeye bean:Cowpea Broadbean:Horsebean Vicia fabaL. Garden bean Phaseolus vulgarisL. Lima bean P. lunatusL. Runner bean, scarlet P. coccineusL. Snap bean: Garden bean String bean: Garden bean See also: Horsebean Soybean Beet [FNa1] Beta vulgarisL. Borage Borago officinalisL. Borecole:Kale Broccoli Brassica oleraceaL.BotrytisGroup Brussels sprouts Brassica oleraceaL.GemmiferaGroup Burdock, great Arctium lappaL. Cabbage Brassica oleraceaL.CapitataGroup Cabbage, celery -(Pak-choi) Brassica chinensisL. Cabbage, Chinese -(pe-tsai) Brassica pekinensis(Lour.) Rupr. Cabbage, Tronchuda Brassica oleraceaL.TronchudaGroup Cantaloupe:Muskmelon Caraway Carum carviL. Cardoon Cynara cardunculusL. Carrot Daucus carotaL. Catnip Nepeta catariaL. Cauliflower Brassica oleraceaL.BotrytisGroup Celeriac Apium graveolensvar.rapaceum (Mill.) Gaudich Celery Apium graveolensvar.dulce(Mill.) Pers. Chard, Swiss Beta vulgarisvar.ciclaL. Chervil as follows: Salad chervil Anthriscus cerefoliumHoffm. Turnip-rooted chervil Chaerophyllum bulbosumL. Chicory Cichorium intybusL. Chives Allium schoenoprasumL. Citron Citrullus lanatus(Thunb.) Matsum & Nakai var.citroides(Bailey) Mansf. Collards Brassica oleraceaL.AcephalaGroup Coriander Coriandrum sativumL. Corn Zea maysL. Cornsalad as follows: European cornsalad Valerianella locusta(L.) Laterrade Italian cornsalad Valerianella eriocarpaDesv. Cowpea Vigna unguiculata(L.) Walp.subsp.un guiculata Cowpea, Yardlong V. unguiculata(L.) Walp. subsp.sesqui pedalis Cress, garden Lepidium sativumL. Cress, upland Barbarea verna(Mill.) Aschers. Cucumber Cucumis sativusL. Cumin Cuminum cyninumL. Dandelion Taraxacum officinaleWiggers Dill Anethum graveolensL. Eggplant Solanum melongenaL. Endive Cichorium endiviaL. Escarole:Endive Fennel Foeniculum vulgareMill. Fennel, Florence Foeniculum vulgareMill. Fetticus:Cornsalad Finnocchio:Florence Fennel Gherkin Cucumis anguriaL. Kale as follows: Kale Brassica oleraceaL.AcephalaGroup Chinese kale B. oleraceaL.AlboglabraGroup Sea kale Crambe maritimaL. Siberian kale Brassica napusL.PabulariaGroup Kohlrabi Brassica oleraceaL.Gongylodes Group Leek Allium ampeloprasumL. Lettuce Lactuca sativaL. Marjoram, sweet Origanum majoranaL. Marjoram, wild Origanum vulgareL. Melon See: Muskmelon Watermelon Muskmelon Cucumis meloL. Mustard as follows: Mustard, India Brassica juncea(L.) Czernajew Mustard, spinach B. RapaL.PerviridisGroup Napa:Chinese cabbage Okra Abelmoschus esculentus(L.) Moench Onion Allium cepaL. Onion, Welsh Allium fistulosumL. Oysterplant:Salsify Parsley Petroselinum crispum(Mill.) W.W. Hill Parsnip Pastinaca sativaL. Pea Pisum sativumL. Pepper Capsicum spp. Pe-tsai:Chinese cabbage Pumpkin Cucurbita spp. Radish Raphanus sativusL. Rhubarb Rheum spp. Romaine:lettuce Roquette Eruca vesicaraL. Cav. subsp.sativa (Mill.) Thell Rosemary Rosmarinus officinalisL. Rutabaga Brassica napusL.NapobrassicaGroup Sage Salvia officinalisL. Salsify Tragopogon porrifoliusL. Savory, summer Satureja hortensisL. Savory, winter Satureja montanaL. Sorrel Rumex acetosaL. Soybean [FNa1] Glycine max(L.) Merrill Spinach Spinacia oleraceaL. Spinach, New Zealand Tetragonia tetragonioides(Pall.) Ktze. Squash Cucurbita spp. Thyme Thymus vulgarisL. Tomato Lycopersicon esculentumMill. Tomato, husk Physalis pubescensL. Turnip Brassica rapaL. Watercress Nasturtium officinaleR. Br. Watermelon Citrullus lanatus(Thunb.) Mansf. Mat sum and Makai [FNa1] Species marked with asterisk are included as agricultural seeds in Schedule I(a) only as to varieties other than those generally known and sold as flowerseeds or vegetable seeds. [FNa2] The alternative names are in boldface. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code.Reference: Section 52332, Food and Agricultural Code. s 3900. Schedule II. Vegetable Seed Germination Standards. Percent Percent Artichoke................. 60 Kale.................... 75 Asparagus................. 70 Kale, Chinese........... 75 Asparagus bean............ 75 Kohlrabi................ 75 Bean, Lima................ 70 Leek.................... 60 Bean, runner.............. 75 Lettuce................. 80 Beans, garden............. 70 Muskmelon............... 75 Beet...................... 65 Mustard................. 75 Broadbean................. 75 Mustard, Spinach........ 75 Broccoli.................. 75 Okra.................... 50 Brussels sprouts.......... 70 Onion................... 70 Cabbage................... 75 Onion, Welsh............ 70 Cantaloupe (see Muskmelon) Pak-choi................ 75 Cardoon................... 60 Parsley................. 60 Carrot.................... 55 Parsnip................. 60 Cauliflower............... 75 Pea..................... 80 Celeriac.................. 55 Pepper.................. 55 Celery.................... 55 Pumpkin................. 75 Chard, Swiss.............. 65 Radish.................. 75 Chicory................... 65 Rhubarb................. 60 Chinese Cabbage........... 75 Rutabaga................ 75 Citron.................... 65 Salsify................. 75 Collards.................. 80 Sorrel.................. 60 Corn, sweet............... 75 Soybean................. 75 Cornsalad................. 70 Spinach................. 60 Cowpea.................... 75 Spinach, New Zealand.... 40 Cress, garden............. 60 Squash.................. 75 Cress, water.............. 40 Tomato.................. 75 Cucumber.................. 80 Tomato, husk............ 50 Dandelion................. 45 Turnip.................. 80 Eggplant.................. 60 Watermelon.............. 70 Endive.................... 70 All other vegetable seed not listed above.................... 50 Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3901. Schedule III. Agricultural and Vegetable Seeds Classed As Weed Seeds When Occurring Incidentally in Agricultural Seeds. [FNa1] Common Name Botanical Name Amaranth Amaranthsspp Buckwheat, tartary Fagopyrum tataricumGaertn. Carrot Daucus carotaL. Chess, soft Bromus mollisL Chicory Cichorium intybusL. Dandelion Taraxacum officinaleWeber Filaree Erodiumspp. Grass Annual bluegrass Poa annuaL. Bermuda grass Cynodonspp. Blue panicgrass Panicum antidotal Retz Sand dropseed Sporobolus cryptandrus (Torr.) A. Gray Velvetgrass Holcus lanatusL. Mallow, little Malva parvifloraL. Mustard Black mustard Brassica nigra(L.) Koch Common yellow mustard B. RapaL. Field mustard B. Kaber(DC.) L. C. Wheeler India mustard B. juncea(L.) Coss. Plantain, buckhorn Plantago lanceolataL. Radish Raphanus sativusL. Sesbania Sesbania exaltata(Raf.) Rydb. Sunflower Helianthus annuusL. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3902. Schedule IV. Fees for Sampling and Testing. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52331, Food and Agricultural Code. s 3903. Schedule V. Specimen Labels. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Sections 52451-52454, Food and Agricultural Code. s 3906. Assessment Fees. The Secretary pursuant to sections 52331, 52354, and 52354.5 of the Food and Agricultural Code, hereby establishes an annual assessment of $0.15 per one-hundred dollars ($100) gross annual dollar volume sales of agricultural and/or vegetable seed in this State for the preceding fiscal year as defined in section 52352 of the Food and Agricultural Code. Such assessment shall be paid to the Secretary within one calendar month of July 1 for the preceding fiscal year. If not paid within the time allotted, a penalty of 10% of the assessment fee due shall be added. Note: Authority cited: Sections 407, 52331 and 52354.5, Food and Agricultural Code. Reference: Sections 52331, 52352 and 52354, Food and Agricultural Code. s 3907. Identity of Lot. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52354, Food and Agricultural Code. s 3915. Mediation of Complaints Required. Use and completion of the complaint meditation procedures set forth in this article is a prerequisite to pursuing other dispute resolution mechanisms against a seed labeler when seed planted in California fails to conform to the label statements required by Sections 52452 and 52453 of the Food and Agricultural Code. Only those completing the complaint process are eligible to pursue other dispute resolution mechanisms except as otherwise provided. (a) The complaint process requires the filing of a complaint followed by an investigation by the Secretary. At the conclusion of the investigation, mediation may be requested. (b) Mediation as used in this article shall mean an alternative dispute resolution process which utilizes a neutral third party who facilitates the resolution of a dispute between parties. The mediator does not make a decision or an award. Resolution of a dispute that is mediated occurs when an agreement is reached between the complainant and the respondent. (c) The Secretary may terminate the complaint mediation procedure and issue an Order of the Secretary stating that the requirement of Section 52332(f) of the Food and Agricultural Code has not been met if the person alleging damage to a crop (designated herein as complainant): (1) fails to maintain the crop until notification of release; (2) withdraws the complaint at any time; (3) refuses to cooperate in the investigation; (4) fails to request mediation after receipt of the report of investigation; or (5) fails to appear at the mediation hearing without reasonable cause. (d) The Secretary may release the complainant to pursue other dispute resolution mechanisms by issuing an Order of the Secretary stating that the requirement of Section 52332(f) has been met if the seller or labeler of the seed (designated herein as respondent): (1) fails to file an answer; (2) refuses to cooperate in the investigation procedure; (3) fails to agree to mediation; or (4) fails to appear at the mediation hearing without reasonable cause. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3915.1. Mediation Notice. The following notice shall appear upon every label of agricultural or vegetable seed except as provided in Section 3867: Notice arbitration/conciliation/mediation required by several states Under the seed laws of several states, arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of seed to which this notice is attached to produce as represented. The consumer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only CA, ID, ND, SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agriculture, Seed Commissioner, or Chief Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedman from whom the seed was purchased. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by state statute. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3916. Complaint Procedures. In order to make a formal complaint and seek mediation of a dispute as required by Section 3915, the complainant shall file a complaint within such time as to permit inspection of the crop by the Secretary and the respondent. (a) To file a complaint, the complainant shall: (1) File a written complaint with the Secretary giving the following information: (A) the complainant's name, address and telephone number; (B) the nature of the complaint and the alleged causes thereof; (C) evidence of purchase and the label of the seed used to plant the affected crop (copies are acceptable, but originals must be presented upon demand by the Secretary during the investigation or mediation); and (D) accurate and complete directions to locate the affected crop; (2) forward a copy of the written complaint to the respondent by certified or registered mail, at the time of filing; (3) pay to the Department of Food and Agriculture a nonrefundable filing fee of two hundred and fifty dollars ($250), at the time of filing in accordance with Section 52321 of the Food and Agricultural Code; and (4) maintain the crop alleged to be damaged in the field until notified of release by the Secretary. The Secretary may require the complainant to maintain a representative portion of the crop. Designation of a representative portion by the Secretary shall be made within seven (7) days after receipt of the complaint. (b) Within seven (7) calendar days after receipt of the copy of the written, filed complaint, the respondent shall file with the Secretary a written answer to the complaint and send a copy of the answer to the complainant by certified mail. (c) The Secretary shall review the complaint to determine if the complaint is within the scope of Section 52332(f) of the Food and Agricultural Code and has been filed in accordance with this section. Within ten (10) calendar days of receipt of the respondent's written answer, the Secretary shall notify both parties in writing of the acceptance or the reason for rejection of the complaint. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3916.1. Respondent's Rights. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3916.2. Establishing Dates. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3916.3. Appointment of Investigational Committee. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3917. Investigation Procedures. Upon review and acceptance of a complaint, the Secretary shall initiate an investigation of the complaint. (a) Within seven (7) calendar days, the Secretary shall appoint an investigational committee whose purpose is to assist the Secretary in conducting the investigation, make recommendations, offer opinions, and file an investigational report with the Secretary. Each investigational committee shall be composed of four disinterested members as follows: one member shall be the Secretary's designee, who shall serve as chairperson of all investigational committees and who shall make and maintain the file of each committee's investigations and opinions; one member, plus an alternate, shall be a County Agricultural Commissioner in whose county there is production of the kind of crop under consideration; one member, plus an alternate, shall be engaged primarily in the production and/or sale of the kind of seed cited in the complaint; and one member, plus an alternate, shall be a user of such seed. (1) Members of each investigational committee shall serve until dismissed by the Secretary or until the report of investigation is filed with the Secretary, whichever occurs first. Alternates shall serve only in the absence of their respective members. (2) Committee members shall receive no compensation for the performance of their duties but may receive per diem and mileage as authorized by law. (3) Each committee may be called into session by the chairperson to consider matters referred to it. The chairperson shall conduct all meetings and deliberations held by the committee. (b) The Secretary shall make a full and complete investigation of the matters complained of, including, but not limited to, an inspection of the crop in the field. The investigation shall be completed within sixty (60) days of the receipt of the complaint unless the investigation requires a growout or other procedure which cannot be completed within that time; in such case, the Secretary shall notify the complainant and respondent in writing stating the reasons for the extension. (c) In conducting the investigation, the Secretary may: (1) require the parties to provide pertinent records; (2) require testimony under oath or statements under penalty of perjury; (3) cause to be tested or grown to production a representative sample of seed under the supervision of the Secretary; (4) obtain assistance from qualified experts; and (5) investigate any other matters relative to the complaint. (d) The chairperson shall file with the Secretary the committee's written report of investigation along with the investigation file within thirty (30) days after the conclusion of the investigation of the complaint. The Secretary shall transmit the report by certified mail to the complainant and to the respondent. The file, including the report of investigation, shall be maintained by the Secretary for a period of five (5) years. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3918. Mediation Procedures. If, during the course of the investigation, the complainant and respondent have not resolved the disputed complaint, the complainant may request mediation. (a) To request mediation of the disputed complaint the complainant shall: (1) file a written request for mediation with the Secretary within ten (10) days after the receipt of the investigation report; and (2) forward a copy of the request for mediation to the respondent by certified mail. (b) Within seven (7) days after receipt of the request for mediation, the Secretary shall: (1) appoint a mediator from within the Department or by contract with outside mediation services; and (2) set a time and place for the mediation hearing. The mediation hearing shall begin within thirty (30) days after the request for mediation and shall take place in the county in which the crop alleged to be damaged was grown unless other arrangements are agreed to by the complainant and the respondent. (c) The Secretary may declare an impasse if the mediator determines that either party fails to be responsive to the mediation process during the mediation hearing. (d) The mediator shall file a report with the Secretary within seven (7) days after completion of the mediation hearing and transmit same by certified mail to the complainant and respondent. (e) Within seven (7) days after receipt of the mediator's report, the complainant and respondent shall file with the Secretary written notice of acceptance or rejection of the mediation. Upon completion of mediation or declared impasse, the prerequisite requirement as specified in Section 52332(f) of the Food and Agricultural Code shall be satisfied. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3919. Investigational Committees' Duties and Findings. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3920. Authorization of Investigational Committees to Obtain Information. Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3921. Compensation of Investigational Committee Members. Note: Authority cited: Sections 407 and 52331, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code. s 3940. Assessment Fee for Vertebrate Pest Control Material. Note: Authority cited: Sections 407 and 6027, Food and Agricultural Code. Reference: Sections 6025 - 6209, Food and Agricultural Code. <<(Chapter Originally Printed 7-25-45)>> Note: Authority cited: Sections 7201-7204, Food and Agricultural Code. Note: Authority cited: Sections 407 and 7205, Food and Agricultural Code. Reference: Sections 7201 and 7202, Food and Agricultural Code. Note: Authority cited: Sections 407 and 7205, Food and Agricultural Code. Reference: Sections 7201 and 7202, Food and Agricultural Code. Note: Authority cited: Sections 407 and 7205, Food and Agricultural Code. Reference: Sections 7201 and 7202, Food and Agricultural Code. s 3960. Alligatorweed Eradication Areas. (a) Those portions of the State of California described as follows, within which a certain pest, alligatorweed Alternanthera philoxeroides, is known to exist, are hereby proclaimed to be an eradication area with respect to said pest: The entire counties of Riverside, Tulare, Kings and Los Angeles. (b) Possible Carriers. Any and all premises, soil, stream or channel water and any other articles or things which are infested or exposed to infestation by alligatorweed, within said area. (c) Means and Methods. The following means and methods are to be used in the eradication of said pest within said area. (1) Repeated timely application of sterilants or herbicidal sprays to properties, water channels and other places or things that are infested or are exposed to infestation by alligatorweed. (2) The placement of screens in infested water channels or ditches to prevent the spread or reinfestation of alligatorweed. (3) The visual inspection of properties, streams, water channels and other places and things for the presence of alligatorweed. (4) In addition to the other means and methods described in this subsection (c) eradication of alligatorweed in Los Angeles County may be accomplished by excavation, removal or burial within Los Angeles County after on-site destruction of above ground portions. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code. s 3961. Dudaim Melon Eradication Area Regulation. (a) Proclamation of Eradication Area. The portion of the State of California described as follows, within which a certain pest, Cucumis melo var. dudaim, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: (1) The entire county of Imperial. (b) Possible Carriers. Any and all premises, soil, equipment, containers and any other articles or things which are infested or exposed to infestation by dudaim melon, within said area. (c) Methods and Means. The following means and methods are to be used in the eradication of said pest within said area: (1) Repeated timely applications of herbicides to crops, ditch banks, roadsides and other areas that are infested by dudaim melon. (2) Thoroughly cleaning machinery and harvesting equipment after use in infested fields before moving into uninfested fields. (3) The visual inspection of properties, roadsides, ditch banks and other places and things for the presence of dudaim melon. (4) Picking, removing and burning fruits of the dudaim melon, which escape control. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code. s 3962. Hydrilla Eradication Area. (a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest, Hydrilla verticillata, is known to exist, are hereby proclaimed to be eradication areas with respect to said pest: (1) The entire counties of Calaveras, Imperial, Lake, Madera, Mariposa, Nevada, Shasta, Tulare and Yuba. (b) Possible Carriers. Any and all premises, soil, streams, lakes, ponds, water channels, and any other articles or things which are infested or exposed to infestation by hydrilla, within said area. (c) Means and Methods. The following means and methods may be used in the eradication of said pest within said area. (1) Repeated timely application of herbicides to lakes, ponds, water channels and other places that are infested with hydrilla. (2) The placement of screens in infested water channels or ditches to prevent the spread or reinfestation of hydrilla. (3) The visual inspection of lakes, ponds, water channels, streams, and other places and things for the presence of hydrilla. (4) Thorough cleaning of any machinery or equipment after use in infested areas before moving equipment to an uninfested location. (5) Excavating or removal by hydraulic or other means of hydrilla followed with burial or drying on a non-aquatic site within the eradication area. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761 and 6048, Food and Agricultural Code. s 3963. South American Spongeplant Eradication Area. (a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest,Limnobium laevigatum(South American spongeplant), is known to exist, are hereby proclaimed to be eradication areas with respect to said pest: The entire county of Shasta. (b) Possible Carriers. Any and all premises, soil, streams, lakes, ponds, water channels, and any other articles or things which are infested or exposed to infestation by South American spongeplant, within said area. (c) Means and Methods. The following means and methods may be used in the eradication of said pest within said area. (1) The repeated timely application of herbicides to any and all premises, soil, streams, lakes, ponds, water channels, and any other articles or things which are infested or exposed to infestation with South American spongeplant. (2) The placement of screens in infested streams, water channels or ditches to prevent the spread or reinfestation of South American spongeplant. (3) The visual inspection of streams, lakes, ponds, water channels and other places and things for the presence of South American spongeplant. (4) The thorough cleaning of any machinery or equipment after use in infested areas before moving said machinery or equipment to an uninfested location. (5) The excavating or removal by hydraulic or other means of South American spongeplant followed with burial or drying on a non-aquatic site within the eradication area. (6) The draining, removing or preventing water from being able to be present to support an infestation of South American spongeplant. Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code. <<(Subchapter Originally Printed 7-25-45)>> See rules and Regulations of the Fish and Game Commission, C.A. C.14, Section 671. s 4500. Noxious Weed Species. It has been determined that the following species of plants are noxious weeds within the meaning of Section 5004 of the Food and Agricultural Code: Acacia paradoxa(Kangaroo thorn) Acaena anserinifolia(biddy biddy) Acaena novae-zelandiae (biddy biddy) Acaena pallida(biddy biddy) Achnatherum brachychaetum(punagrass) Acroptilon repens(Russian knapweed) Aegilops cylindrica(jointed goatgrass) Aegilops ovata(ovate goatgrass) Aegilops triuncialis(barb goatgrass) Aeschynomene rudis(rough jointvetch) Alhagi maurorum(camelthorn) Ailanthus altissima(tree of heaven) Allium paniculatum(panicled onion) Allium vineale(wild garlic) Alternanthera philoxeroides(alligatorweed) Ambrosia trifida(giant ragweed) Araujia sericofera(bladderflower) Arctotheca calendula (capeweed, as seed or fertile plants) Arundo donax(giant reed) Cardaras chalepensis(lens-podded hoary cress) Cardaria draba(heart-podded hoary cress) Cardaria pubescens(globe-podded hoary cress) Carduus acanthoides(plumeless thistle) Carduus nutans(musk thistle) Carduus pycnocephalus(Italian thistle) Carduus tenuiflorus(Italian thistle) Carthamus baeticus(smooth distaff thistle) Carthamus lanatus(woolly distaff thistle) Carthamus leucocaulos(whitestem distaff thistle) Cenchrus echinatus(southern sandbur) Cenchrus incertus(coast sandbur) Cenchrus longispinus(mat sandbur) Centaurea calcitrapa(purple starthistle) Centaurea diffusa(diffuse knapweed) Centaurea iberica(Iberian starthistle) Centaurea maculosa(spotted knapweed) Centaurea melitensis(tocalote) Centaurea solstitialis(yellow starthistle) Centaurea squarrosa(squarrose knapweed) Centaurea sulphurea(Sicilian thistle) Chondrilla juncea(skeletonweed) Chorispora tenella(purple mustard) Cirsium arvense(Canada thistle) Cirsium ochrocentrum(yellowspine thistle) Cirsium undulatum(wavyleaf thistle) Cirsium vulgare(bull thistle) Convolvulus arvensis(field bindweed) Coronopus squamatus(swinecress) Cortaderia jubata(jubata grass) Crupina vulgaris(bearded creeper) Cucumis melovar.dudaim(dudaim melon) Cucumis myriocarpus(paddy melon) Cuscutaspp. (dodder) Cynara cardunculus(artichoke thistle) Cynodonspp. &hybrids(bermudagrass) Cyperus esculentus(yellow nutsedge) Cyperus rotundus(purple nutsedge) Cytisus scoparius(Scotch broom) Elytrigia repens(quackgrass) Euphorbia esula(leafy spurge) Euphorbia oblongata(oblong spurge) Euphorbia serrata(serrate spurge) Gaura coccinea(scarlet gaura) Gaura drummondii(scented gaura) Gaura sinuata(wavyleaf gaura) Genista monspessulana(French broom) Gypsophila paniculata(baby's breath) Halimodendron halodendron(Russian salt tree) Halogeton glomeratus(halogeton) Helianthus ciliaris(blueweed) Heteropogon contortus(tanglehead) Hydrilla verticillata(hydrilla) Hyoscyamus niger(black henbane) Hypericum perforatum(Klamath weed) Imperata brevifolia(satintail) Iris douglasiana(Douglas iris) Iris missouriensis(western blue flag) Isatis tinctoria(dyer's woad) Iva axillaris(poverty weed) Lepidium latifolium(perennial peppercress) Linaria genistifolia ssp.dalmatica(Dalmatian toadflax) Lythrum salicaria (purple loosestrife) Malvella leprosa(alkali mallow) Muhlenbergia schreberi(nimblewill) Nothoscordum inodorum(false garlic) Nymphaea mexicana(banana waterlily) Onopordum(spp. onopordum thistles) Orobanchecooperi(Cooper's broomrape) Orobanche ramosa(branched broomrape) Oryza rufipogon(red rice) Panicum antidotale(blue panicgrass) Peganum harmala (harmel) Pennisetum clandestinum(Kikuyugrass) Physalis virginianavar.sonorae(smooth groundcherry) Physalis viscosa(grape groundcherry) Polygonum coccineum(kelp) Polygonum cuspidatum(Japanese knotweed) Polygonum polystachyum(Himalayan knotweed) Polygonum sachalinense(giant knotweed) Prosopis strombulifera(creeping mesquite) Rorippa austriaca(Austrian fieldcress) Salsola australis(common Russianthistle) Salsola paulsenii(barbwire Russianthistle) Salsola vermiculata(wormleaf salsola) Salvia aethiopis(Mediterranean sage) Salvia virgata(meadow sage) Scolymus hispanicus(golden thistle) Senecio jacobaea(tansy ragwort) Senecio mikanioides (Delairea odorata)(Cape ivy) Senecio squalidus(Oxford ragwort) Setaria faberi(giant foxtail) Solanum cardiophyllum(heartleaf nightshade) Solanum carolinense(Carolina horsenettle) Solanum dimidiatum(Torrey's nightshade) Solanum elaeagnifolium(white horsenettle) Solanum lanceolatum(lanceleaf nightshade) Solanum marginatum(white-margined nightshade) Sonchus arvensis(perennial sowthistle) Sorghum halepense(Johnsongrass and other perennial Sorghumspp. including but not limited to Sorghum almumand perennial sweet sudangrass) Spartium junceum(Spanish broom) Sphaerophysa salsula(Austrian peaweed) Striga lutea(witchweed) Symphytum asperum(rough comfrey) Taeniatherum caput-medusae(medusahead) Tagetes minuta(wild marigold) Tamarix chinensis (salt cedar) Tamarix gallica(salt cedar) Tamarix parviflora(salt cedar) Tamarix ramosissima(salt cedar) Tribulus terrestris(puncture vine) Ulex europaeus(gorse) Viscum album(European mistletoe) Zygophyllum fabago(Syrian beancaper) This regulation shall in no way restrict the designation of a weed pest to those species listed herein. Note: Authority cited: Sections 407 and 5004, Food and Agricultural Code. Reference: Section 5004, Food and Agricultural Code. s 4600. General Provisions. (a) The department may provide analytical, diagnostic, inspection, testing and other non-regulatory services related to nursery stock, plants, seed, or other plant pests and diseases on a charge-for-service basis. (b) Service charges may include the approximate hourly labor costs of the involved departmental staff, including prorated staff benefits and departmental overhead costs, the cost of any shipping, handling, supplies, equipment and materials; and mileage, travel and per diem pursuant to the State's per diem travel rules, and required to provide the service. (c) This subchapter establishes the department's schedule of charges as provided in Sections 5851 and 5852, Food and Agricultural Code. (d) The department shall provide a diagnostic result within ten working days of receipt of a nematology, entomology or plant taxonomy sample/specimen or shall notify the client of an estimated time for the delivery of diagnostic results if a period of time longer than ten working days will be required. (e) The department shall provide a diagnostic result within 35 working days of receipt of a plant pathology sample/specimen or shall notify the client of an estimated time for the delivery of diagnostic results if a period of time longer than 35 working days will be required. (f) The identification of a pest not known to occur in the United States or California, or a pest that is of limited or wide but not general distribution in California shall be reported to the appropriate federal or state plant pest prevention officials. (g) The client may establish an account with the department from which fees for services rendered by the department may be debited or the service charges established by this subchapter shall be payable after the service has been provided and billed by the department. (h) Payments not received within 30 calendar days of the date of billing shall be considered late. Payments post-marked on the 30th calendar day shall be considered to be on time. Once late, a late charge of 10% of the total amount billed or amount unpaid shall be assessed and added to the bill. (i) The department may refuse services for any client who has not paid a previously submitted bill or when there is a lack of qualified staff to provide requested service. Note: Authority: Sections 407, 5851 and 5852, Food and Agricultural Code. Reference: Sections 407, 5851 and 5852, Food and Agricultural Code. s 4601. Disclaimer of Liability and Financial Responsibility. (a) The department shall not guarantee the accuracy, level or timeliness of its diagnostic results; or that it can provide diagnostic services for every request or sample or specimen submitted or obtained. (b) If the department cannot perform the requested diagnostics, the client shall be contacted and consulted about what action she/he prefers, and informed of any additional time or costs that might be involved if samples or specimens would have to be sent to an outside vendor/specialist for diagnostics. (c) The department shall not be responsible for shipping costs or samples that are inadequate, lost, not delivered, damaged during transport, decayed or otherwise unfit or unusable for the requested service or for the costs of shipping samples requested by the shipper to be returned. Note: Authority: Sections 407 and 5852, Food and Agricultural Code. Reference: Sections 407 and 5852, Food and Agricultural Code. s 4602. Payment for Services Provided. (a) The department shall establish a schedule of charges for the services described in this subchapter based upon the approximate cost of the service rendered. (b) The department may charge additional fees, upon approval by the client, when due to conditions, or number of samples and/or determinations made, the fees established will not cover the cost of the service as described. (c) A client may request a refund of any funds that the client deposited in an account with the department. Note: Authority: Sections 407, 5851 and 5852, Food and Agricultural Code. Reference: Sections 407, 5851 and 5852, Food and Agricultural Code. s 4603. Schedule of Charges. The Secretary of Food and Agriculture, pursuant to Section 5852 of the Food and Agricultural Code, establishes the following schedule of charges for analytical, diagnostic, inspection, testing and other non-regulatory services related to nursery stock, plants, seed, or other plant pests and diseases. (a) The hourly charge for requested diagnostics or scientific consultations which require travel is $60 per hour portal to portal, plus any car mileage at $0.35 per mile, air fare, meals and lodging pursuant to the State's per diem travel rules. (b) Nematology (1) The charge for processing and providing diagnostics for an unprocessed nematode sample is $40. (2) The charge for diagnostics of processed and preserved nematode samples is $20. (c) Entomology and Plant Taxonomy (1) The charge per specimen for diagnostics of arthropods or plants in quantities of ten specimens or less is $20 regardless of the level of taxonomic determination. (2) The charge for processing multiple samples of 11 or more specimen determinations will be $60 per hour plus the cost of any materials that might be required. (d) General Pathology (1) The general plant pathology per diagnosis charge for up to ten samples is $20 regardless of the level of taxonomic determination. (2) The general plant pathology per diagnosis charge for multiple sample submissions of 11 or more specimens is $60 per hour plus the cost of any materials that might be required. (3) The general plant pathology per diagnosis charge involving the use of an electron microscope is $160 per hour plus the cost of any materials that might be required. (e) Seed Pathology For seeds of the same kind in the same sample: (1) Seed blotter tests are $35 for 400 seeds and $60 for 1000 seeds. (2) An agar plate test of 400 seeds for fungal pathogens is $35. (3) An extraction and plating test for the first bacterial pathogen is $125 and $25 for each additional bacterial pathogen. (4) A Potato Spindle Tuber Viroid DNA hybridization test is $250. (5) Enzyme-linked immunosorbant assay (ELISA) tests are $60 for 400 seeds and $85 for 1200 seeds. (6) A centrifuge wash and microscopy test is $35. (7) A grow-out test is $125. (8) A bioassay test for the presence of a fungicide substance on seeds is $35. (9) Specific crop seed: Crop/Disease Pathogen Cost Test Minimum sample duration size ALFALFA Bacterial wilt Clavibacter michiganensissu- $125 2-5 weeks 30,000 bsp.insidiosus nontreated seed Bacterial Xanthomonas $125 2-5 weeks 30,000 leafspot campestrispv.alfalfae nontreated seed Spring black Phoma medicaginis $35 2 weeks 500 nontreated stem seed Verticillium Verticillium albo-atrum $35 2-5 weeks 2000 nontreated wilt seed Alfalfa mosaic Alfalfa mosaic virus $85 3 weeks 2000 nontreated virus seed ASPARAGUS Asparagus Asparagus latent virus $100 2 weeks 500 nontreated latent virus seed BASIL Fusarium wilt Fusarium oxysporoumf. $35 2-6 weeks 500 nontreated sp.basilicum seed BEAN and OTHER LEGUMES Bacterial wilt Curtobacterium $125 2-5 weeks 30,000 flaccumfaciens nontreated seed pv.flaccumfaciens Common blight Xanthomonas $125 2-5 weeks 30,000 campestrispv.phaseoli nontreated seed Halo blight Pseudomonas $125 2-5 weeks 30,000 syringaepv.phaseolicola nontreated seed Bacterial Pseudomonas $125 2-5 weeks 30,000 brown spot syringaepv.syringae nontreated seed Diaporthe Diaporthe/Phomopsisspp. $35 2-5 weeks 500 nontreated seed Purple seed Cercosporaspp. $35 2-5 weeks 500 nontreated stain seed Tobacco Tobacco ringspot virus $60 1 week 500 nontreated ringspot seed virus Tomato Tomato ringspot virus $60 1 week 500 nontreated ringspot seed virus BEET Verticillium Verticillium dahliae $35 2-3 weeks 500 nontreated wilt seed Cercospora Cercospora beticola $35 2-3 weeks 500 seed leaf spot Bacterial Pseudomonas apata $125 3-5 weeks 2000 seed leafspot CARROT and CORRIANDER Bacterial Xanthomonas $125 2-5 weeks 30,000 blight campestrispv.carotae nontreated seed Leaf spot Pseudomonas syringae $125 2-5 weeks 30,000 nontreated seed Alternaria Alternaria dauci $60 2 weeks 2000 nontreated leaf blight seed Black rot Alternaria radicina $60 2 weeks 2000 nontreated seed CELERY Alternaria Alternaria dauci [=A. porri] $60 2 weeks 2 g nontreated leaf spot seed Late blight Septoria apiicola $35 1 week 4 g nontreated seed Root rot of Phoma apiicola $125 2-5 weeks 2000 seed celery CLOVER Bacterial wilt Clavibacter michiganensissu- $125 2-5 weeks 30,000 bsp.insidiosus nontreated seed CORN Diplodia Stenocarpella macrospora $35 2-4 weeks 500 seed [=Diplodia macrospora] COTTON Bacterial Xanthomonas $125 6-8 weeks 1200 nontreated angular campestrispv.malvacearum seed leafspot $175 6-8 weeks 1200 treated seed Anthracnose Glomerella gossypii [anamorphColletotrichum $125 3 weeks 1200 nontreated gossypii] seed $175 3 weeks 1200 treated seed Fusarium wilt Fusarium oxysporum f. sp. $35 2-5 weeks 500 nontreated (FOV) vasinfectum seed CRUCIFERS (Cabbage, broccoli, etc.) Alternaria Alternariaspp. $60 2 weeks 1000 nontreated leaf spots seed Black leg Phoma lingam $35 3 weeks 500 nontreated seed Rhizoctonia Rhizoctoniaspp. $35 2 weeks 50g/16,000 nontreated seed White mold Sclerotiniaspp. $35 2 weeks 500 nontreated seed Bacterial Pseudomonas syringae $125 2-5 weeks 30,000 leafspot pv.maculicola nontreated seed Black rot Xanthomonas campestris $125 2-5 weeks 30,000 pv.campestris nontreated seed CUCURBITS (squash, melon, cucumber, watermelon, etc.) Bacterial Pseudomonas $125 2-5 weeks 2,000 angular syringaepv.lachrymans nontreated leafspot seed Fruit blotch Acidovorax $500 3-6 weeks 30,000 seed avenaesubsp.citrulli Anthracnose Colletotrichum orbiculare $125 2-5 weeks 2,000 nontreated seed Fusarium Fusariumspp. $35 2-5 weeks 500 nontreated diseases seed Gummy stem Didymella bryoniae $125 2-5 weeks 2,000 blight nontreated seed Scab Cladosporium cucumerinum $35 2-5 weeks 500 nontreated seed Squash mosaic Squash mosaic virus $85 5 weeks 1200 seed virus EGGPLANT Fusarium wilt Fusarium oxysporum $35 2-5 weeks 500 nontreated seed GRASSES and GRAINS Blind seed Gloeotinia temulenta $35 2-5 weeks 50 g nontreated seed Ergot of Claviceps purpurea $35 1 week 500 nontreated grasses seed Foot rot of Drechslera sorokiniana $35 2 weeks 500 nontreated grasses seed Root rot Cochliobolus sativus $35 2 weeks 500 nontreated seed LETTUCE Bacterial Xanthomonas $125 2-5 weeks 30,000 leafspot campestrispv.vitians nontreated seed Septoria leaf Septoria lactucae $35 1 week 30,000 spot nontreated seed Lettuce mosaic Lettuce mosaic virus $160 1 week 30,000 virus nontreated seed ONION (leeks, etc.) Botrytis Botrytisspp. $35 2 weeks 500 g diseases nontreated seed Onion smut Urocystis magica $35 1 week 50 g nontreated seed White rot Sclerotium cepivorum $35 2 weeks 80 g nontreated seed PARSLEY Alternaria Alternaria dauci [=A. porri] $60 2 weeks 2 g nontreated leaf spot seed Late blight Septoria apiicola $35 1 week 15 g nontreated seed PEPPER Bacterial Pseudomonas $125 2-5 weeks 30,000 speck syringaepv.tomato nontreated seed Bacterial spot Xanthomonas $125 2-5 weeks 30,000 campestrispv.vesicatoria nontreated seed Anthracnose, Colletotrichumspp. $35 2-5 weeks 500 nontreated ripe rot seed Tobacco mosaic Tobacco mosaic virus $60 1 week 500 nontreated virus seed Tomato Tomato ringspot virus $60 1 week 500 nontreated ringspot seed virus RICE Brown leafspot Drechslera oryzae $35 2 weeks 500 nontreated seed Rice blast Pyricularia grisea $35 2 weeks 500 nontreated seed Smut Tilletia horida $35 1 week 100 g nontreated seed SAFFLOWER Fusarium wilt Fusarium oxysporumf. $35 2-5 weeks 500 nontreated sp.carthami seed Rust Puccinia carthami $35 2 weeks 500 nontreated seed SPINACH Leaf spot Colletotrichum dematiumf. $60 2-3 weeks 1000 sp.spinaciae nontreated seed Verticillium Verticillium dahliae $35 2-3 weeks 500 nontreated wilt seed SUNFLOWER Alternaria Alternariaspp. $35 3 weeks 500 nontreated leaf blight seed Downy mildew Plasmopara halstedii $125 4-5 weeks 500 nontreated seed Fusarium wilt Fusariumspp. $35 2-5 weeks 500 nontreated or stalk rot seed Septoria leaf Septoria helianthi $35 3 weeks 500 nontreated spot seed Verticillium Verticilliumspp. $35 3 weeks 500 nontreated wilt seed TOMATO Bacterial Pseudomonas $125 2-5 weeks 30,000 speck syringaepv.tomato nontreated seed Bacterial spot Xanthomonas $125 2-5 weeks 30,000 campestrispv.vesicatoria nontreated seed Bacterial wilt Clavibacter michiganensis subsp.michiganensis $125 2-5 weeks 30,000 nontreated seed Fusarium root Fusarium oxysporumf. $35 2-5 weeks 500 nontreated rot sp.radicis-lycopersici seed Fusarium wilt Fusarium oxysporumf. $35 2-5 weeks 500 nontreated sp.lycopersici seed Tobacco mosaic Tobacco mosaic virus $60 1 week 500 nontreated virus seed Tobacco Tobacco ringspot virus $60 1 week 500 nontreated ringspot seed virus Tomato mosaic Tomato mosaic virus $60 1 week 500 nontreated virus seed Tomato Tomato ringspot virus $60 1 week 500 nontreated ringspot seed virus Potato Spindle Tuber Viroid (PSTVd) PSTVd $250 3 weeks 1000 seed WHEAT and OTHER GRAINS Glume blotch Leptosphaeria nodorum $35 2-5 weeks 500 nontreated seed Dwarf Bunt Tilletia controversa(Tck) $35 1 week 250 g nontreated seed Flag Smut Urocystis agropyri(U.a.) $35 1 week 250 g nontreated seed Karnal Bunt Tilletia indica(T.i.) $35 1 week 250 g nontreated seed Smuts and TcK + U.a. +T.i. $50 1 week 250 g bunts nontreated seed Smuts and TcK + U.a. +T.i. $50 1 week 250 g bunts nontreated seed (f) Seed Testing. Where noted below, the hourly rate is $60 per hour. (1) Agricultural seed. Purity [FN1] Germination [FN2] Tetrazolium [FN2] Analysis Test (TZ) Test Alfalfa......... $ 39.00 30.00 60.00 Barley.......... 63.00 29.00 75.00 Beans........... 30.00 47.00 60.00 Beet............ 56.00 51.00 100.00 Bentgrass....... 101.00 41.00 90.00 Bermudagrass.... 90.00 40.00 90.00 Bluegrass....... 53.00 36.00 90.00 Brome........... Hourly 38.00 90.00 Burclover....... 58.00 31.00 60.00 Clover.......... 48.00 31.00 60.00 Corn, field..... 30.00 37.00 60.00 Cotton.......... 39.00 55.00 60.00 Cowpea.......... 30.00 46.00 60.00 Dichondra....... 30.00 40.00 60.00 Fescue.......... 112.00 36.00 75.00 Horsebean....... 30.00 55.00 60.00 Mustard......... 57.00 36.00 75.00 Oat............. 75.00 31.00 90.00 Orchardgrass.... Hourly 42.00 90.00 Pea, field...... 30.00 36.00 60.00 Rice............ 54.00 36.00 75.00 Ryegrass........ 85.00 36.00 90.00 Safflower....... 33.00 36.00 90.00 Sorghum......... 60.00 36.00 90.00 Sudangrass...... 84.00 36.00 90.00 Sunflower....... 33.00 54.00 90.00 Sweetclover..... 90.00 31.00 60.00 Trefoil......... 48.00 36.00 60.00 Vetch........... 62.00 31.00 90.00 Wheat........... 65.00 29.00 75.00 Wheatgrass...... Hourly 38.00 90.00 ---------- [FN1]1 Purity Analysis requires a minimum sample of 30,000 seed units and includes California Noxious Weed Seed examination. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing. [FN2]2 Germination or Tetrazolium test requires a minimum sample of 1,000 seed units. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing. For germination tests of mixtures of two or more kinds of lawn or pasture seed, which require a purity separation before a germination test is made, the fee will include a purity analysis report if specifically requested. For germination tests of mixtures of two or more kinds of lawn or pasture seed or all other kinds, the fee will be the sum of the fees established for germination tests of the several components. For a purity analysis of such mixtures, the fee is the same as for that component of the mixture for which the highest charge would be made if analyzed separately. The minimum fee for any mixture will be $60.00. (2) Vegetable seed. Purity [FN1] Germination [FN2] Tetrazolium [FN2] Analysis Test (TZ) Test Asparagus............ $35.00 40.00 90.00 Beans................ 30.00 47.00 60.00 Beet................. 56.00 51.00 100.00 Broccoli............. 57.00 31.00 75.00 Brussels sprouts..... 57.00 31.00 75.00 Cabbage.............. 57.00 31.00 75.00 Carrot............... 61.00 40.00 90.00 Cauliflower.......... 57.00 31.00 75.00 Celery............... 69.00 40.00 90.00 Chard, Swiss......... 56.00 51.00 100.00 Chicory.............. 60.00 36.00 75.00 Chives............... 49.00 35.00 75.00 Corn, sweet.......... 37.00 40.00 60.00 Cucumber............. 42.00 31.00 60.00 Dill................. 60.00 40.00 90.00 Eggplant............. 36.00 36.00 75.00 Endive............... 60.00 40.00 75.00 Lettuce.............. 52.00 36.00 75.00 Melon................ 42.00 36.00 60.00 Mustard.............. 57.00 36.00 75.00 Okra................. 49.00 31.00 75.00 Onion................ 49.00 31.00 75.00 Parsley.............. 60.00 40.00 90.00 Parsnip.............. 60.00 40.00 90.00 Peas................. 30.00 36.00 60.00 Pepper............... 36.00 36.00 75.00 Pumpkin.............. 42.00 40.00 60.00 Radish............... 40.00 31.00 60.00 Spinach.............. 37.00 31.00 75.00 (except New Zealand) Squash............... 42.00 40.00 60.00 Tomato............... 36.00 36.00 75.00 Turnip............... 57.00 36.00 75.00 Watermelon........... 42.00 36.00 60.00 ---------- [FN1]1 Purity Analysis requires a minimum sample of 30,000 seed units and includes California Noxious Weed Seed examination. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testingFN 1 Purity Analysis requires a minimum sample of 30,000 seed units and includes California Noxious Weed Seed examination. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing%n. [FN2]2 Germination or Tetrazolium Tests require a minimum sample of 1,000 seed units. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing. Fees for additional tests, examinations, and services are as follows: California or All State Noxious Weed Seeds examination [FN1].... $35.00 [FN3] Complete Other Species examination [FN1]........................ $35.00 [FN3] Foreign Noxious Weed Seeds [FN1]................................ $35.00 %n3 Ryegrass Florescence [FN2]...................................... $20.00 [FN4] Sclerotia Percentage............................................ $35.00 [FN3] Seed Mositure................................................... $30.00 Sod Quality Exam................................................ Hourly Soil Percentage................................................. $35.00 [FN3] Treated Seed.................................................... $8.00 X-ray Analysis.................................................. $35.00 ---------- [FN1]1 California, All State and Foreign Noxious Weed Seed examinations and Complete Other Species examination require a minimum sample of 30,000 seed units. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing. [FN2]2 Ryegrass Florescence test requires a minimum sample of 1,000 seed units. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing.FN 2 Ryegrass Florescence test requires a minimum sample of 1,000 seed units. Samples submitted not meeting the minimum shall not be run. For the minimum weight for a kind of seed, contact the California Seed Laboratory prior to submitting a sample for testing.%nR [FN3]3 $20.00 when a purity test, soil exam, sclerotia exam or noxious exam is also requested. [FN4]4 In addition to Germination test fee. Charges for tests of agricultural and vegetable seed kinds not listed and for seed that is unclean, field run, or excessively dirty will be based on the cost of a similar test, or on the time required to run the test at $60.00 per hour ($60.00 minimum charge). Fees for special handling and services are as follows: International Seed Testing Association (ISTA).... $20.00 [FN1] Canadian Seed Act & Regulations (CSAR)........... $20.00 [FN1] Express mailing (Federal Express or others)...... Actual costs FAXing test results.............................. $3.00 per page __________ [FN1]1 Additional fee for purity testing. (g) Postentry Quarantine Program - Charges shall be per postentry quarantine inspection performed as required under federal regulation (7 CFR s 319.37-7) and based upon combining the total amounts of (1) and (2) below. (1) The charge for inspection performed at the postentry quarantine site is $60 per hour. (2) The charge for travel, based upon the distance traveled from the responsible inspector's office to the postentry quarantine inspection site, shall be: (A) $50 for up to 50 miles; (B) $100 from over 50 to 100 miles; (C) $150 from over 100 to 150 miles; (D) $240 from over 150 to 200 miles; and, (E) $340 for over 200 miles. Note: Authority cited: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code. Reference: Sections 407, 5851, 5852 and 52331, Food and Agricultural Code.