Loading (50 kb)...'
(continued)
(2) "Pest" means any form of vegetable life that is or is liable to be dangerous or detrimental to the agricultural industry of the state.
(3) "Crop seed" means the seed or seed-like fruit of grain, beans, flax, beets, onions or any other crop, whether or not intended for planting purposes.
(4) "Processing" means cleaning, grinding or other treatment, including destruction, of screenings to prevent the dissemination of the seed of any pest or render the seed of any pest present or liable to be present incapable of reproduction.
(b) Inspection.
(1) If upon inspection the county agricultural commissioner finds the screenings to be free of the seed of any pest and the screenings will be utilized in his county, he shall release the screenings with an inspection and release stamp. The lot of screenings shall be marked or segregated in order to maintain its identity until final disposition.
(2) If upon inspection the commissioner finds the screenings to contain the seed of any pest, he shall notify the person in possession that such screenings are subject to the processing requirements as set forth in Section 7571 to 7581, inclusive, Food and Agricultural Code. If the grower of the crop seed from which the screenings were removed elects to have the screenings returned, they may be returned to the growing origin under permit as provided in subsection (d)(1),
(c) Approved Processing Mills or Establishments.
(1) Any person operating a mill or establishment which processes screenings containing the seed of any pest may apply to the commissioner for approval of the equipment and operating procedures. Approval for processing shall be granted whenever the commissioner determines that the equipment is adequate and is operated in such a manner, to handle screenings without risk of disseminating the seed of any pest or to render the seed of any pest incapable of reproduction.
(2) Approval may be withdrawn at any time upon determination by the commissioner that the terms of approval are not complied with.
(3) The Commissioner shall list with the Secretary, all mills and establishments for which approval has been granted, together with the conditions, if any, of such approval, and shall notify the Secretary of any approval withdrawn, and the reasons therefore. The Secretary will issue a list of mills and establishments approved by county agricultural commissioners showing their locations and the source of screenings and cleanings approved for each listing.
(d) Permits.
(1) Applications for permits to move screenings containing the seed of any pest for destruction, processing or return to growing origin shall be made to the Commissioner of the county in which the screenings are located. No permit shall be issued for movement of screenings into another county except to processing mills and establishments approved by the commissioner of the county of destination, as provided in subsection (c).
(2) Permits shall be in writing, listing the name and address of the permittee, owner or person in possession of the screenings, and the name of the approved processing establishment receiving the screenings. A statement naming the pest or pests present and any other conditions governing the use of the permit such as tightly closed containers, holding for destination inspection, and expiration date may be included. The original of each permit shall be signed by the enforcing officer.
Note: Authority cited: Sections 407 and 7502, Food and Agricultural Code. Reference: Sections 7502, 7571, 7572, 7573, 7575 and 7576, Food and Agricultural Code.
s 3558. Insects Which May Be Imported or Shipped Into or Within California Without a Permit.
Section 6305 of the Food and Agricultural Code requires persons to obtain a permit from the director or the United States Department of Agriculture to import into, or ship or transport within, the state live insects except for certain exemptions. One of these exemptions is for beneficial or useful insects of common occurrence in the state. To identify which beneficial insects do not require a permit to import into, or ship or transport within, the state the following lists are provided. However, as with all insect shipments they shall be rejected when the insects are moved in conjunction with host plants or other host organisms when such hosts would normally be rejected if moving independently.
(a) Insects for which a permit is not required:
Acmon blue (Plebejus acmon)
Alderflies, dobsonflies (Megaloptera)
Alfalfa butterfly (Colias eurytheme)
Alkali bees (Nomia melanderi)
Almond moth (Cadra cautella)
American cockroach (Periplaneta americana)
American painted lady (Vanessa virginiensis)
Angelwinged katydid (Microcentrum rhombifolium)
Angoumois grain moth (Sitogroga cerealella)
Anise swallowtail (Papilio zelicaon)
Antlions (Myrmeleontidae)
Argentine ant (Linepithema humile)
Armyworm(Pseudaletia unipunctata)
Backswimmers (Notonectidae)
Beet armyworm (Spodoptera exigua)
Black blow fly (Phormia regina)
Black cutworm (Agrotis ipsilon)
Bluebottle fly (Calliphora vicina)
Buckeye butterfly (Precis coenia)
Caddisflies (Trichoptera)
Cat flea (Ctenocephalides felis)
California dogface butterfly (Colias [Zerene] eurydice)
California ringlet (Coenonympha californica)
California sister (Adelpha bredowii)
Carolina mantid (Stagomantis carolina)
Ceanothus silk moth (Hyalophora euryalis)
Chalcedon checkerspot (Euphydryas chalcedona)
Checkered white (Pieris [Pontia] protodice)
Chinese mantid (Tenodera aridifolia sinensis)
Cigarette beetle (Lasioderma serricorne)
Clodius Parnassian (Paranassius clodius)
Clouded sulfur (Colias pholidice)
Cloudless sulfur (Phoebis sennae)
Codling moth (Cydia pomonella)
Common black field cricket (Gryllus sp.)
Common checkered skipper (Pyygus communis)
Confused flour beetle (Tribolium confusum)
Convergent ladybird beetle (Hippodamia convergens)
Corn earworm (Helicoverpa zea)
Damselflies, dragonflies (Odonata)
Darkling beetles (Eleodes spp.)
Dermestid beetles (Anthrenus flavipes, Anthrenus scrophulariae, Attagenus megatoma)
Diamondback moth (Plutella xylostella)
Diplurans (Diplura)
Dobsonflies (Coryalidae)
Dog flea (Ctenocephalides canis)
Embiids (Embioptera)
European earwig (Forificula auricularia)
European mantid (Mantis religiosa)
Fall armyworm (Spodoptera frugiperda)
Field cresent (Phyciodes campestris)
Firebrat (Thermobia domestica)
Flesh fly (Sarcophaga haemorrhoidalis)
German cockroach (Blatella germanica)
Giant black water beetle (Hydrophilus triangularis)
Giant lacewings (Polystoechotidae)
Giant roach (Blaberus giganteus)
Green lacewing (Chrysopa carnea)
Green peach aphid (Myzus persicae)
Greenbottle flies (Phaenicia sericata, P. pallescens=P. cuprina)
Greenhouse thrips (Heliothrips haemorrhoidalis)
Greenhouse whitefly (Trialeurodes vaporariorum)
Gulf fritillary (Agraulis vanillae)
Harlequin bug (Murgantia histrionica)
Harvester ants (Pogonomyrmex californicus)
Harvestman (Phalangida)
Hissing cockroach (Gromphadorhina portentosa, Gromphadorhinaspp.)
House cricket (Acheta domesticus)
House fly (Musca domestica)
Human flea (Pulex irritans)
Imported cabbage butterfly (Artogeia rapae)
Indian meal moth (Plodia interpunctella)
Iris mantid (Iris oratoria)
Jerusalem crickets (Stenopelmatus spp.)
Large milkweed bug (Oncopeltus fasciatus)
Leaf cutter bees (Megachile rotundata)
Limibatid mantid (Stagomantis limibata)
Little house fly (Fannia canicularis)
Lorquin's admiral (Limenitis [Basilarchia] lorquini)
Mayflies (Ephemeroptera)
Meal moth (Pyralis farinalis)
Mealworms (Tenebrio molitor andT. obscurus)
Mealybug destroyer (Cryptolaemus montrouzieri)
Mediterranean flour moth (Anagasta kuehniella)
Milbert's tortoise shell (Aglais milberti)
Millipedes (Diplopoda)
Mourning cloak butterfly (Nymphalis antiopa)
Mylitta crescent (Phyciodes mylitta)
Naval orangeworm (Amyelois transitella)
Orange dog butterfly (Papilio cresphontes)
Oriental cockroach (Blatta orientalis)
Painted lady butterfly (Vanessa cardui)
Pale swallowtail (Papilio eurymedon)
Pauropods (Pauropoda)
Pine white (Neophasia menapia)
Pipevine swallowtail (Battus philenor)
Polyphemus silkmoth (Antheraea polyphemus)
Pomace flies (Drosophilaspp.)
Potato tuberworm (Phthorimaea operculella)
Proturans (Protura)
Psuedoscorpions (Chelonethida)
Queen (Danaus gilippus)
Red admiral butterfly (Vanessa atalanta)
Rock crawlers (Grylloblattodea)
Sara orangetip (Anthocaris sara)
Satyr anglewing (Polygonia satyrus)
Scorpionflies (Mecoptera)
Symphlids (Symphyla)
Silkworm (Bombyx mori)
Silverfish (Lepisma saccharina)
Small milkweed bug (Lygaeus kalmii)
Snakeflies (Raphidoptera)
Stable fly (Stomoxys calcitrans)
Stag beetles (Lucanidae)
Stoneflies (Plecoptera)
Tenodera mantid (Tenodera augustipennis)
Timemas (Timemidae)
Tobacco hornworm (Manduca sexta)
Tomato hornworm (Manduca quinquemaculata)
Twisted wing parasites (Strepsiptera)
Two-tailed swallowtail (Papilio multicaudata)
Velvent ants (Mutillidae)
Walnut husk fly (Rhagoletis completa)
Water boatman (Corixidae)
Water striders (Gerris spp.)
Waterbugs (Belostomatidae)
Wax worm or bee moth (Galleria mellonella)
Webbing clothes moth (Tineola biselliella)
West coast lady (Vanessa annabella)
Western tailed blue (Everes amyntula)
Western tiger swallowtail (Papilio rutulus)
Whip scorpions (Amblypygi, Microthelypohonida, Pedipalpida,andSchizopeltida)
Whirligig beetles (Gyrinidae)
White lined sphinx (Hyles lineata)
Wind scorpions (Solpugida)
Zephyr angelwing (Polygonia zephyrus)
Zorapterans (Zoraptera)
(b) Groups of insects for which a permit is not required when the insect species under consideration is of common occurrence in California.
(1) Predacious species of beetles of the family Coccinellidae.
(2) Predacious species of flies of the family Syrphidae.
(3) Predacious species of Neuropterous insects of the family Chrysopidae.
(4) Parasitic species of flies of the family Tachinidae.
(5) Parasitic species of Hymenopterous insects of the families: Ichneumonidae, Braconidae, Aphelinidae, Chalcididae, Scelionidae, and Trichogrammatidae.
(6) Insects that have been introduced and previously released in California for biological control of insect, weed, or other types of pests.
Note: Authority cited: Sections 407 and 5302, Food and Agricultural Code. Reference: Section 6305, Food and Agricultural Code.
s 3559. Garlic Production in Mono County.
(a) The director finds that certain pests of garlic ( Allium satvium), namely stem and bulb nematode ( Ditylenchus dipsaci), white rot fungus ( Sclerotium cepivorum), garlic yellow stripe virus, and pink root ( Pyrenochaeta terrestris), are not known to occur in the garlic production areas of Mono County specified in (b).
(b) A quarantine area is established, for the purpose of maintaining the pest cleanliness of garlic plantings in that area, which, for purposes of this section, is denominated as follows:
(1) "Antelope Valley": Beginning at the intersection of the California-Nevada State Line and the southern portion of Topaz Lake; then southeasterly along said state line to Eastside Road; then southwesterly along Eastside Road to Interstate Highway 395; then westerly along an imaginary line to the border of Toiyabe National Forest; then northerly along an imaginary line to T9N; then easterly along T9N to Interstate Highway 395; then northerly along said highway to Topaz Lake; then southeasterly along Topaz Lake to the point of beginning;
(2) "Benton, Hammil, and Chalfant Valleys": Beginning at the intersection of State Highway 6 and the California-Nevada State Line, then southeasterly along said state line to its intersection with the Inyo National Forest Boundary, then southerly and easterly along said boundary to its intersection with the Inyo-Mono County Line, then westerly along said county line to its intersection with Fish Slough Road, then northerly along said road to its intersection with Black Rock Mine Road, then northwesterly along Black Rock Mine Road to its intersection with Joe Maive Road, then northwesterly along said road to its intersection with Yellow Jacket Road, then northerly along Yellow Jacket Road to its intersection with State Highway 120, then due north along an imaginary line to the point it intersects the Inyo National Forest Boundary, then northasterly along said boundary to its intersection with the California-Nevada State Line, then southeasterly along said line to the point of beginning.
(c) No garlic plant or part thereof shall be planted or maintained in any state of cultivation in the quarantine area unless a written application has been received and a permit has been issued by the director or the Agricultural Commissioner for Mono County.
Such permit shall be issued provided the garlic is the progeny of plants tested by the University of California and found free of the garlic yellow stripe virus; has been produced under the provisions of Section 3044 et seq., "California Certified Seed Garlic," or is accompanied by a certificate issued by a State or county agricultural regulatory official verifying the garlic is of equivalent pest status as garlic produced under said provisions; and provided the director or commissioner determines the garlic covered by the permit is free of the pests specified in subsection (a) and other serious pests of garlic.
(d) No person shall bring into the quarantine area any machinery, parts of machinery, tools, equipment, or other appliances which have been used in garlic fields outside the quarantine area unless those appliances have been treated for garlic pests which may be carried on them. The treatment shall include a high-pressure steam cleaning or washing with water under pressure to remove all soil and debris, followed by treatment with a fungicide.
The agricultural commissioner shall be immediately notified of the arrival in the quarantine area of such appliances which shall be held for inspection by the commissioner before use in the quarantine area. If, upon inspection, soil or debris is detected, the appliances shall be treated, as specified above,or removed from the quarantine area.
Note: Authority cited: Sections 407 and 5302, Food and Agricultural Code. Reference: Section 5302, Food and Agricultural Code.
s 3560. Facility Service Charges and User Fees.
(a) Pursuant to sections 5351 and 5353(a), each air carrier or foreign air carrier shall pay a service charge of forty-three dollars ($43) to the Secretary upon the initial landing in California of each flight of the carrier which originated outside the United States from a country to which a current United States Department of Agriculture quarantine or California Department of Food and Agriculture quarantine is applicable, or which made an intermediate stop on that flight in such a country. Any carrier may apply for an exemption from Department inspection and payment of the fee as to particular flights on the basis that the aircraft's operations and other inspections and certifications provide adequate compliance with the objectives of the Act.
(b) Pursuant to sections 5352 and 5353(b), each marine carrier engaged in foreign commerce shall pay a user fee of one hundred dollars ($100) to the Secretary upon the initial arrival in California of a carrier's vessel on a voyage which originated outside the United States from a country to which a current United States Department of Agriculture quarantine or California Department of Food and Agriculture quarantine is applicable, or which made an intermediate stop on that voyage in such a country. Any carrier may apply for an exemption from Department inspection and payment of the fee as to particular voyages on the basis that the carrier's operations and other inspections and certifications provide adequate compliance with the objectives of the Act.
(c) Each air and marine carrier subject to the above charges or fees shall file a return quarterly in the form prescribed by the Secretary, verified by the company officer primarily responsible for supervising the preparation of the return and assuring its accuracy. The return accompanied by full payment, shall be timely filed so as to be received by the Cashier of the California Department of Food and Agriculture within thirty (30) days following the quarters ending on March 31, June 30, September 30 and December 31. Returns not received by such dates, or received without required information and verification, shall be subject to the penalty prescribed by section 5353, subsection (d).
Note: Authority cited: Sections 407 and 5351 through 5353, Food and Agricultural Code. Reference: Sections 5350 through 5353, Food and Agricultural Code.
s 3580. Citrus Whitefly Districts.
Note: New Authority cited: Sections 407 and 5901, Food and Agricultural Code. Reference: Sections 5901-5907, Food and Agricultural Code.
s 3581. Sweetpotato Weevil Control Area.
(a) Proclamation of Control Area. That portion of the State of California described as follows, within which a certain pest, sweetpotato weevil (Cylas formicarius elegantulus), is known to exist or which has been exposed to infestation, is hereby proclaimed to be a control area with respect to said pest:
(1) Control Area. That portion of San Diego County bounded by a line drawn as follows: Beginning at the intersection of Sunset Cliffs Boulevard and Interstate Highway 8; then, easterly along Interstate Highway 8 to its intersection with Japatul Road; then, southwesterly along said road to its intersection with Lyons Valley Road; then, southwesterly along Lyons Valley Road to its intersection with Barrett Lake Road; then, southeasterly and southerly along Barrett Lake Road to its intersection with State Highway 94; then, southeasterly along said highway to its intersection with State Highway 188; then, southerly along State Highway 188 to its intersection with the United States-Mexico border; then, westerly along said border to its intersection with the Pacific Ocean coastline; then, northerly along said coastline to its intersection with the San Diego River; then, easterly along said river to its intersection with Sunset Cliffs Boulevard; then, southwesterly along said boulevard to the point of beginning.
(b) Hosts. Sweet potato plants and all plant parts except seed and including vines, draws, and slips, and sweet potato roots, also called yams, camote, batatas, boniatos, buniatos, and moniato (Ipomoea batatas), and morning-glory plants (Ipomoea spp., Calystegia spp., and Convolvulus spp.).
(c) Possible Carriers. Possible carriers include all appliances used in the growing, harvesting, processing, storage, and movement of hosts, including but not limited to field bins, nursery and production growing areas, storage areas and facilities, trucks, tractors, harvesting equipment, processing equipment and facilities, and any other grounds, appurtenances, or things which the Department determines to be capable of harboring or spreading any stage of sweetpotato weevil.
(d) Means and Methods. The following means and methods may be used by the Department in the control or eradication of sweetpotato weevil within the control area:
(1) The search for all life stages of sweetpotato weevil by visual inspection, the use of traps, or any other means.
(2) The use of insecticides, chemicals, or other materials as fumigant, spray, dust, bait, or in any other form as often as necessary to effect control or eradication.
(3) The cleaning and treatment of possible carriers.
(4) The removal and destruction of hosts if the action is the only practical way of controlling or eliminating the infestation.
(5) The removal and immediate destruction of infested host material.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5321 and 5322, Food and Agricultural Code.
s 3585. Western Grapeleaf Skeletonizer Eradication Area.
s 3586. Western Cherry Fruit Fly Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761, Food and Agricultural Code.
s 3587. Hall's Scale Eradication Area.
Note: Authority cited: Sections 16 and 108, Agricultural Code.
s 3588. Mexican Fruit Fly Eradication Area.
(a) Proclamation of Eradication Area. All of the Counties of Riverside, San Bernardino, San Diego and Los Angeles, State of California, within which the Mexican fruit fly, Anastrepha ludens, is known to exist, are hereby proclaimed to be an eradication area with respect to said pest. As such, it is amenable to the provisions of article 4 (sections 5761-5764) of chapter 8, part 1, division 4 of the Food and Agricultural Code of California.
(b) Hosts. All citrus fruits except lemons and sour limes; mangoes, sapotas (including sapodillas and the fruit of all members of the family Sapotaceae, and of the genus Casimiroa and all other fruits commonly called sapotas or sapotes) apples, apricots, ciruelas, guavas, mameys, peaches, pears, plums, pomegranates, quinces, and fruits of species of the genus Sargentia.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area.
(1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other form as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts and of the fruit of such hosts if such action is the only practical way of eliminating the infestation.
(3) The search for all stages of Mexican fruit fly by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts.
(5) The importation, rearing, or liberation of sterile forms of the Mexican fruit fly.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.
s 3589. Japanese Beetle Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Japanese beetle,Popillia japonica, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest: San Diego County.
(b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the Japanese beetle.
(c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area:
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation.
(3) The searching for all stages of Japanese beetle by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts in any stage of development.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761, 5762 and 5763, Food and Agricultural Code.
s 3589.1. Whitefringed Beetle Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, whitefringed beetle, Graphognathus leucoloma, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest:
The entire County of San Bernardino.
(b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the whitefringed beetle.
(c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area:
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation.
(3) The searching for all stages of whitefringed beetle by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts in any stage of development.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3589.2. Sweet Potato Weevil Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3590. Pink Bollworm Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows within which pink bollworm ( Pectinophora gossypiella) is known to exist is hereby declared to be an eradication area.
The entire counties of Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Benito, San Bernardino, San Diego, and Tulare.
(b) Definition. The following definitions are applicable to this section.
(1) Pest. Pink bollworm ( Pectinophora gossypiella).
(2) Hosts. Cotton ( Gossypium), okra ( Hibiscus esculentus), kenaf ( Hibiscus cannibinus) plants and plant parts and any crop residues thereof or any other plant which by investigation is shown to be capable of sustaining pink bollworm in any stage of development.
(3) Possible Carriers. Possible carriers shall include all appliances used in the growing, harvesting, processingand hauling of seed cotton, cottonseed or cotton by-products including but not limited to tractors, trailers, trucks, planting, picking and shredding equipment, cotton gin and processing machinery, the grounds and appurtenances thereto and any lands where host plants are growing or were grown during the past season, or any other thing which by investigation is shown to be capable of harboring or spreading any stage of the pink bollworm. When the Director or Commissioner deems it necessary, no person shall move any vehicle, appliance, plant or plant parts or thing that is restricted in the Pink Bollworm Eradication Area except under permit issued by the Commissioner.
(c) Implementing Procedures. In controlling pink bollworm of cotton, Agricultural Commissioners shall be responsible to the Director and shall carry out in their counties programs prescribed by the Director. The Commissioner or the Director may elect, as necessary, to implement some or all of the control methods stated in paragraph (d) and may require persons in possession of property upon which cotton is growing or stored or which contain other hosts of pink bollworm, to use these control methods. Host plants on such property which are not brought into compliance as required, and so maintained, shall be deemed a public nuisance and subject to abatement procedures at the expense of the owner or person in possession.
(d) Control Methods
(1) The repeated application of insecticidal or herbicidal sprays or dusts or biological agents by approved methods to host plants or possible carriers capable of harboring or spreading the pink bollworm.
(2) "Control Methods" and "Requirements for Further Planting" as stated in Section 3595.
(3) Visual or mechanical survey to establish the efficacy of treatments and to determine further spread of pink bollworm.
(4) Cleanup or treatment of all cotton production and harvesting appliances and farm sites.
(5) Continuous processing or treatment of gin trash through approved insect-killing fans or other approved methods.
(6) Closure of cotton gins followed by cleanup or treatment by approved methods of said gins and gin yards.
(7) Tarping or construction of all trucks, trailers and other appliances hauling unprocessed seed cotton, contaminated cottonseed or unprocessed gin trash to or from cotton gins, or elsewhere, to prevent spillage or blowout along roads.
(8) Registration of cotton production equipment including, but not limited to, planters, pickers, tractors, cotton trailers and shredding equipment.
(9) Other methods determined necessary in eradicating or controlling pink bollworm, applied to particular plantings, including destruction of growing cotton plants and soil treatments.
(e) Permits for Movement of Restricted Articles. When it has been determined by the Director or Commissioner that, due to contamination with live pink bollworm, a hazard of spread of pink bollworm is presented by movements of any product or article of any character whatsoever, the Commissioner at the direction of the Director shall require safeguards and restrict movements of hosts and possible carriers and contaminated products and articles within the eradication area. Notice of such fact shall be given to the person having custody thereof. Thereafter such contaminated product or article may be moved only after it has been cleaned, treated, or otherwise disinfected to the satisfaction of the Commissioner. Permits may be issued by the Director or the Commissioner through a signed agreement with a person engaged in moving within the eradication area of hosts and possible carriers or contaminated products and articles for limited handling, utilization or processing, or for treatment.
When the Director or Commissioner deems it necessary, persons intending to move any host or possible carrier or any contaminated product or article shall make application for inspection as far in advance of movement as possible, shall so handle such things as to safeguard them from infestation, and shall assemble them at such points and in such manner as the Director or Commissioner shall designate to facilitate inspection.
Permits may be revoked and further permits may be refused by the Director or Commissioner whenever either one determines that the further use of such permits would in the Director's or Commissioner's judgment result in the spread of the pink bollworm. Because of the nature of said pest, the permit shall be subject to summary revocation for cause at the Commissioner's discretion.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code.
s 3591. Woolly Whitefly Eradication Area.
Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code.
s 3591.1. Comstock Mealybug Eradication Area.
Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code. Reference: Sections 5322 and 5761-5763, Food and Agricultural Code.
s 3591.2. Oriental Fruit Fly Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the Oriental fruit fly,Bactrocera dorsalis, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amenable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4 of the Food and Agricultural Code of California.
(1) All of the County of Los Angeles.
(2) All of the County of Orange.
(3) All of the County of San Diego.
(4) All of the County of Santa Clara.
(5) All of the County of Alameda.
(6) All of the County of San Bernardino.
(7) All of the County of Contra Costa.
(8) All of the County of Santa Barbara.
(b) Hosts. All fruit (including nuts, dates, and berries), many kinds of vegetables, cotton, and the fruiting bodies of many wild and ornamental plants are known to be hosts or possible hosts of the oriental fruit fly. All these items that are infested or are exposed to infestation by the oriental fruit fly are declared a public nuisance.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area:
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other manner as often as necessary to effect eradication.
(3) The search for all stages of oriental fruit fly by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts.
(5) The importation, rearing, liberation, and fostering of parasites and predators which attack oriental fruit fly.
(6) The importation, rearing, or liberation of sterile forms of the oriental fruit fly.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code.
s 3591.3. Dutch Elm Disease Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3591.4. Tuliptree Scale Eradication Area.
Note: Authority cited: Sections 407, 5322 and 5761, Food and Agricultural Code.
s 3591.5. Mediterranean Fruit Fly Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the Mediterranean fruit fly, Ceratitis capitata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amenable to the provisions of Article 4 (commencing with Section 5761) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.
(1) The entire county of Los Angeles.
(2) The entire county of Santa Clara.
(3) The entire county of San Bernardino.
(4) The entire county of Orange.
(5) The entire county of San Diego.
(6) The entire county of Riverside.
(7) The entire county of Ventura.
(b) Hosts. All fruit (including nuts and berries), vegetables (other than leafy types grown above ground,) and the fruiting bodies of many ornamental and wild plants are known to be hosts or possible hosts of Mediterranean fruit fly. All these items (along with soil under or near plants bearing these items) that are infested or are exposed to infestation by Mediterranean fruit fly, are declared a public nuisance.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area.
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other manner as often as necessary to effect control.
(2) The removal and destruction of all plant parts known or suspected to harbor any stage of said pest.
(3) The searching for all stages of Mediterranean fruit fly by visual inspection, the use of taps, or any other means.
(4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts.
(5) The importation, rearing, liberation, and fostering of parasites and predators which attack Mediterranean fruit fly.
(6) The importation, rearing, or liberation of sterile forms of the Mediterranean fruit fly.
Note: Authority: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.
s 3591.6. Gypsy Moth Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which gypsy moth, Lymantria dispar, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such is amenable to the provisions of Article 4 (Sections 5761, 5762, and 5763) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.
(1) The entire counties of Los Angeles, Marin, Nevada, Orange, Riverside, San Diego, San Mateo, Santa Barbara and Santa Cruz.
(b) Hosts and Possible Carriers. Trees, shrubs with persistent woody stems, and parts of such trees and shrubs (except seed, fruits, and cones); timber and timber products, including but not limited to lumber, planks, poles, logs, cordwood, and pulpwood; mobile homes and recreational vehicles, and associated equipment, moving from infested properties; outdoor furniture; and any other products, articles, or means of conveyance, of any character whatsoever when it is determined by an inspector that they present a hazard of spread of the gypsy moth and the person in possession thereof has been so notified. All these items that are infested or are exposed to infestation by gypsy moth are declared a public nuisance.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area.
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other form as often as necessary to effect control.
(2) The removal and destruction of trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier.
(3) The searching for all stages of gypsy moth by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing gypsy moth in any stage.
(5) The importation, rearing, liberation, and fostering of parasites and predators of the gypsy moth.
(6) The importation, rearing, or liberation of sterile forms of the gypsy moth.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761, 5762 and 5763, Food and Agricultural Code.
s 3591.7. Hydrilla Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322, 5761 and 6048, Food and Agricultural Code.
s 3591.8. Khapra Beetle Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3591.9. Cotton Boll Weevil Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which cotton boll weevil ( Anthonoms grandis) is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such is amenable to the provisions of Article 4 (Sections 5761-5763) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.
(1) The entire counties of Imperial, Riverside, and San Bernardino.
(b) Hosts. Cotton ( Gossypium spp.) plants and parts thereof and any other plant which by investigation is shown to be capable of sustaining cotton boll weevil in any stage of development.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area.
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation.
(3) The searching for all stages of cotton boll weevil by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts in any stage.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761 through 5763, Food and Agricultural Code.
s 3591.10. Apple Maggot Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3591.11. Caribbean Fruit Fly Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.
s 3591.12. Peach Fruit FlyEradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which peach fruit fly,Bactrocera zonata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such, it is amenable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.
(1) The entire county of Alameda.
(2) The entire county of Fresno.
(3) The entire county of Los Angeles
(4) The entire county of Riverside.
(5) The entire county of Santa Clara.
(b) Hosts.
(1) Fruit of the following plants: Apple. pomegranate, mango, peach, pear, citrus, date, loquat, cucumber, melon, tomato, guava, fig, and any other plants determined by the director to produce fruit which is attached byBactrocera zonata.
(2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit.
(c) Means and method. The following means and methods may be used in the eradication and control of said pest in said area:
(1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts, including plants of hosts, if such is a practical way of eliminating the infestation.
(3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts.
(5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly.
(6) The importation, rearing, or liberation of sterile forms of the fly.
Note: Authority cited: Sections 407 and 5322, Food and Agriculture Code. Reference: Sections 5761 through 5764, Food and Agricultural Code.
s 3591.13. Guava Fruit Fly Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, guava fruit fly ( Bactrocera correcta ), is known to exist, is hereby proclaimed to be an eradication area with respect to said pest:
The entire counties of Los Angeles, Orange, Sacramento, San Diego and Santa Clara.
(b) Hosts.
(1) Fruit of the following plants: citrus, Eugenia spp., guava, mango, Prunus spp., Zizyphus spp., and any other plants determined by the director to produce fruit which is attacked by guava fruit fly.
(2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area:
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other manner as often as necessary to effect eradication.
(2) The removal and destruction of all plant parts known or suspected to harbor any stage of said pest.
(3) The search of all stages of guava fruit fly by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted plants bearing or capable of bearing hosts.
(5) The importation, rearing, liberation, and fostering of parasites and predators which attack guava fruit fly.
(6) The importation, rearing, or liberation of sterile forms of guava fruit fly.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code.
s 3591.14. African Honey Bee Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5006, 5761-5763 and 29007, Food and Agricultural Code.
s 3591.15. Melon Fruit Fly Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which the melon fruit fly, Bactrocera cucurbitae , is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such it is amendable to the provisions of Article 4 (Sections 5761-5764) of Chapter 8, Part 1, Division 4 of the Food and Agricultural Code of California.
(1) The county of Los Angeles.
(b) Hosts.
(1) Fruit of the following plants: apple, avocado, cantaloupe, mango, peach, pear, citrus, cucurbits (melons and gourds), tomato, grape, fig, and any other plants determined by the department to produce fruit which is attacked by melon fruit fly.
(2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area:
(1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts, including plants of hosts, if such action is a practical way of eliminating the infestation.
(3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means.
(4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts.
(5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly.
(6) The importation, rearing, or liberation of sterile forms of the fly.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.
s 3591.16. Red Imported Fire Ant Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, red imported fire ant, Solenopsis invicta , is known to exist, is hereby proclaimed to be an eradication area with respect to said pest:
(1) The entire county of Kern.
(2) The entire county of Fresno.
(3) The entire county of Stanislaus.
(4) The entire county of Orange.
(5) The entire county of Riverside.
(6) The entire county of Los Angeles.
(7) The entire county of Madera.
(8) The entire county of Sacramento.
(9) The entire county of Merced.
(b) Hosts and Possible Carriers. Any and all premises, plants, plant products, soil, sod and any other articles or things which are infested or exposed to infestation by the red imported fire ant.
(c) Means and Methods. The following means and methods may be used in the control and eradication of said pest within said area:
(1) The use of insecticides, chemicals, or other materials as spray, dust, bait or in any other form as often as necessary to effect control or eradication.
(2) The removal and destruction of hosts if such action is the only practical way of eliminating the infestation.
(3) The searching for all stages of red imported fire ant by visual inspection or any other means.
(4) The removal and destruction of abandoned or unwanted hosts in any stage of development.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.
s 3591.17. Olive Fruit Fly Eradication Area.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761 through 5764, Food and Agricultural Code.
s 3591.18. Asian Longhorned Beetle Eradication Area.
(a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest,Anoplophora glabripennis(Asian longhorned beetle), is known to exist, are hereby proclaimed to be eradication areas with respect to said pest:
The entire county of Sacramento.
(b) Possible Carriers. Any and all premises, firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera:Acer(maple),Aesculus(horse chestnut), Albizia(mimosa),Betula(birch),Celtis(hackberry),Fraxinus(ash), Platanus(sycamore),Populus(poplar),Salix(willow),Sorbus(mountain ash), andUlmus(elm), and any other articles or things which are infested or exposed to infestation by Asian longhorned beetle, within said area.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area.
(1) The repeated timely application of insecticides to any and all premises and possible carriers, and any other articles or things which are infested or exposed to infestation with Asian longhorned beetle.
(2) The removal and destruction of any and all possible carriers, including trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier to prevent the spread or reinfestation of Asian longhorned beetle.
(3) The searching for all stages of Asian longhorned beetle by visual inspection, the use of traps, or any other means anywhere within the said area.
(4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing Asian longhorned beetle in any life stage.
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code.
s 3591.19. Diaprepes abbreviatus Eradication Area.
(a) Proclamation of Eradication Area. The portions of the State of California described as follows, within which a certain pest,Diaprepes abbreviatus (West Indian sugarcane root borer or Diaprepes root weevil), is known to exist, are hereby proclaimed to be eradication areas with respect to said pest:
The entire counties of Los Angeles, Orange and San Diego.
(b) Hosts and Possible Carriers, Within Said Area.
(1) Any and all premises, soil, sand, gravel or growing media moved separately or with things.
(2) All nursery stock and plants and plant parts and plant products capable of propagation.
(3) Any other articles which are infested or exposed to infestation byDiaprepes abbreviatus.
(c) Means and Methods. Thefollowing means and methods may be used in the eradication and control of said pest within said area. (continued)