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(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
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*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: (continued)