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(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. (continued)