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(continued)
(1) The repeated timely application of insecticides to any and all premises and possible carriers, and any other articles or things which are infested or exposed to infestation withDiaprepes abbreviatus.
(2) The removal and destruction of any and all possible carriers, including nursery stock or trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier to prevent the spread or reinfestation ofDiaprepes abbreviatus.
(3) The searching for all stages ofDiaprepes abbreviatus by visual inspection, the use of traps, or any other means anywhere within said area.
(4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearingDiaprepes abbreviatus in any life stage.



Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code.


s 3592. White Garden Snail Eradication Area.



Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.


s 3595. Cotton Pests Host-Free Districts.
(a) Proclamation. The secretary finds that infestations of pink bollworm and cotton boll weevil in cotton growing areas of California present a threat of further spread of pink bollworm and cotton boll weevil and that it is impracticable to eradicate said pests or to prevent the continuing spread of said pests unless cotton plants are not grown, cultivated, or maintained during certain periods of time.
(b) Definitions. The following definitions are applicable to this section.
(1) Pests. Pink bollworm (Pectinophora gossypiella ) and cotton boll weevil (Anthonomus grandis ).
(2) Hosts. Cotton (Gossypium ), okra (Abelmoschus [Hibiscus ] esculentus ), and kenaf (Hibiscus cannibinus ) plants and parts thereof, or any other plant which by investigation is shown to be capable of sustaining pink bollworm or cotton boll weevil in any stage of development.
(c) Host-Free Districts. The following areas are declared cotton pests host-free districts.
District 1. The entire counties of Inyo, Los Angeles, and San Diego and the entire county of San Bernardino except that portion described as follows: beginning at a point where U.S. Highway 95 intersects the California-Nevada border, then southerly along said highway to the San Bernardino-Riverside County line, east along said county line to the California-Arizona border, then easterly and northerly along the California-Arizona and California-Nevada borders to the point of beginning.
District 2. The entire counties of Kern, Kings, and Tulare.
District 3. The entire county of Fresno south of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County.
District 4. The entire counties of Madera, Merced, and San Benito and that portion of Fresno County north of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County.
District 5. The entire county of Riverside except the campus of the University of California at Riverside, that portion of San Bernardino County not in District 1, and Townships 9S and 10S of Imperial County.
District 6. That portion of Imperial County described as follows: that area bounded by the California-Arizona border, the California-Mexico border, and the All American Canal from the Pilot Knob Power Station to Laguna Dam.
District 7. That portion of Imperial County not included in Districts 5 and 6.
(d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (f) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (f) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (f) below by December 31 of each year. All cotton plants in District five shall be destroyed in a manner described in subsection (f) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (f) below by December 15 of each year. All cotton plants in District seven shall be terminated in a manner described in subsection (e) below by October 1 of each year and destroyed in a manner described in subsection (f) below by December 1 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in District six prior to February 15 of each year. No cotton shall be planted in District seven prior to February 10 of each year.
Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time.
Requirements of this regulation do not pertain to picked cotton stored in ricks or modules.
Unless otherwise amended, effective January 1, 2000 subsection (d) shall read:
(d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (e) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (e) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (e) below by December 31 of each year. All cotton plants in Districts five and seven shall be destroyed in a manner described in subsection (e) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (e) below by December 15 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in Districts six or seven prior to February 15 of each year.
Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time.
Requirements of this regulation do not pertain to picked cotton stored in ricks or modules.
(e) Method of Termination. To comply with termination requirements described in subsection (d), cotton plants shall be terminated by the application, at label dosages, of a chemical registered for use on cotton plants to cause the blooms, squares , and immature bolls to drop from the plants.
Unless otherwise amended, effective January 1, 2000 subsection (e) shall read:
(e) Method of Destruction.
(1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition and assures that bolls remaining in the field are broken open and the parts scattered.
(2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil.
(f) Method of Destruction.
(1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition, and assures that bolls remaining in the field are broken open and the parts scattered.
(2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil.
Unless otherwise amended, effective January 1, 2000 subsection (f) shall read:
(f) Variances.
(1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsection (d) and (e) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable.
(2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes.
(g) Variances.
(1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsections (d), (e), or (f) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable.
(2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes.
(3) The secretary authorizes the agricultural commissioner of the county which includes District seven to grant variances to growers in District seven from compliance with the termination requirements of subsection (d). The secretary finds that it would be detrimental to the eradication or effective control of the pests to extend this variance authorization to all other districts or periods. The variances from compliance with the termination requirement may be granted under the following conditions:
(A) The variance may allow a grower to delay termination of a maximum of 30% of the grower's total acreage until October 7, provided that the same grower also terminates an equal or greater acreage by September 25.
(B) The grower shall enter into a compliance agreement with the agricultural commissioner by September 20 of the year for which the variance is requested.
(C) All growers in District seven are eligible for the variance if the above conditions are met.
Unless otherwise amended, effective January 1, 2000 subsection (g) shall be repealed.



Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5322, 5552 and 5781-5784, Food and Agricultural Code.


s 3596. Cotton Boll Weevil Host-Free Districts.



Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5322, 5781 and 5784, Food and Agricultural Code.


s 3597. Lettuce Root Aphid Host-Free Districts.
The director finds that lettuce root aphid ( Pemphigus bursarius) exists in certain lettuce-growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means.
(a) Hosts. Lombardy poplar ( Populus nigra Cv. 'Italica') and lettuce ( Lactuca sativa).
(b) Host-Free Districts. The following areas are declared lettuce root aphid host-free districts:
District 1. That portion of Monterey County bounded by a line drawn as follows: Beginning at the intersection of the Monterey Bay coastline and the Monterey - Santa Cruz County Line; then northeasterly along said county line to its intersection with Carpenteria Avenue; then southerly along said avenue to its intersection with Snyder Avenue; then westerly along an imaginary line from said intersection to the intersection of San Miguel Canyon Road and Lewis Road; then westerly along Lewis Road to its intersection with Dump road; then southwesterly along an imaginary line from said intersection to the intersection of Hall road and Elkhorn Road; then southerly along Elkhorn Road to its intersection with Elkhorn Slough; then southerly and westerly along said slough to its intersection with the Monterey Bay coastline; then northerly along said coastline to the point of beginning.
District 2. That portion of Monterey County bounded by a line drawn as follows: Beginning at the intersection of Crazy Horse Road and San Juan Grade; then southeasterly along an imaginary line to the intersection of Inverson Road and Gloria Road; then southeasterly along an imaginary line from said intersection to the intersection of County Route G15 and Stonewall Canyon Road; then southeasterly along said road to its intersection with County Route 16; then southeasterly along an imaginary line from said intersection to the intersection of Deadman Gulch Road and Lynch Canyon; then westerly along Deadman Gulch Road to its intersection with Sargent's Road; then due west along an imaginary line from said intersection to its intersection with the Salinas River; then northerly along said river to its intersection with U.S. Highway 101; then northwesterly along an imaginary line from said intersection to the intersection Oasis Road and County Route 14, then northwesterly along an imaginary line from said intersection to the intersection of Central Avenue Hobson Road; then northwesterly along an imaginary line from said intersection to the intersection of County Route 17 and County Route 16; then northerly along an imaginary line from said intersection to the intersection of Clark Road and Paraiso Road; then northwesterly along an imaginary line from said intersection to the west end of Limekiln Road; then northwesterly along an imaginary line from said intersection to the intersection of Blanco Road and Reservation Road; then northwesterly along an imaginary line from said intersection to the northern intersection of Del Monte Boulevard and Lapis Road; then due west along an imaginary line from said intersection to the Monterey Bay coastline, then northerly along said coastline to its intersection with an imaginary line drawn due west from the intersection of Crazy Horse Road and San Juan Grade; then due east along said line to the point beginning.
(c) Requirements. The planting, growing, cultivating, or maintenance in any manner of Lombardy poplar is prohibited in any lettuce root aphid host-free district unless a permit has been issued by the director or agricultural commissioner of the county in which the district is located. Any Lombardy poplar plant which is planted, growing, or being cultivated or maintained within a lettuce root aphid host-free district is a public nuisance and is subject to all the laws which relate to the abatement of such nuisance. Lettuce may be planted, grown, cultivated or maintained in any lettuce root aphid host-free district at any time, except when prohibited by Section 3611, California Code of Regulations.



Note: Authority cited: Section 407 and 5781, Food and Agricultural Code. Reference: Section 5781-5783, Food and Agricultural Code.


s 3600. Fees for Control and Eradication of Pink Bollworm.
This section establishes procedures for collection of fees for control and eradication of pink bollworm or other related cotton pests as authorized by Section 6005 of the Food and Agricultural Code.
(a) As used in this section, unless the context otherwise requires:
(1) Ginner means any person who operates a cotton gin in California.
(2) Grower means any person who owns or shares in the proceeds of a cotton crop grown in California.
(b) The Director of Food and Agriculture, pursuant to Section 6005 of the Food and Agricultural Code hereby establishes fees for each bale of cotton grown in California. The fee shall vary in accordance with the protection afforded to the cotton crop in the area where the cotton is grown. The fees shall be:
(1) For cotton grown in pink bollworm host-free districts; $2.00 per bale.
(2) For cotton grown outside pink bollworm host-free districts; $0.50 per bale.
(The pink bollworm host-free districts are defined in Section 3595, Title 3 of the California Code of Regulations.)
The fees shall be payable by the grower of the cotton in accordance with procedures promulgated in this section which require collection at the time of ginning by California ginners on behalf of the Director for all cotton grown in the State. For California cotton ginned out of state, the growers shall pay the required fees to the Director of Food and Agriculture according to the assessment rate for the district or area where the cotton was grown.
(c) Each ginner shall pay to the Director the sum collected or obligated to be collected for each calendar month before the fifteenth day of the following month.
(d) Each grower who has cotton grown in California ginned outside of this State shall pay to the Director the sum owed for each calendar month before the fifteenth day of the following month.
(e) Each ginner and grower shall accompany payments with a report in duplicate containing such information as is required by instructions of the Director.
(f) Each ginner and grower shall maintain such books and records as are necessary to verify reports and remittances to the Director for two years. All such records shall be made available for inspection by the Director.
(g) All information obtained by the Director from books, records and reports of ginners pursuant to this section shall be confidential.



Note: Authority cited: Sections 407 and 6005, Food and Agricultural Code. Reference: Section 6005, Food and Agricultural Code.


s 3601. Assessments for Control of Beet Leafhopper.
This section establishes a schedule of, and procedures for the collection of, assessments for the crops shown in paragraph (g) below for the purpose of beet leafhopper control as authorized in sections 6032-6036 of the Food and Agricultural Code, added by Ch. 1017, Stats. 1970.
(a) As used in this section, unless the context otherwise requires:
(1) Producer-handler means a producer who operates as a handler, as to any crop in paragraph (g), produced.
(2) Producer means any person who owns or shares in the proceeds of a crop subject to payment of assessment pursuant to this section.
(b) The Director of Food and Agriculture, pursuant to Sections 6031-6036 of the Food and Agricultural Code, hereby establishes an assessment for each crop produced in each district stated in paragraph (g). The full amount of the assessment shall be collected from the producer by the first handler at the point and time that the crop is purchased or received by the handler, or in the case of a producer-handler when the crop is marketed.
(c) The assessment collected from producers by handlers or due from producer-handlers with the exception of handlers of dry beans and/or vine seeds shall be paid to the Director before the 15th day of the following month. Assessments collected from producers by handlers or due from producer-handlers of dry beans and/or vine seeds shall be paid to the Director annually by April 1 for products cleaned during the crop year.
(d) Each handler or producer-handler shall accompany payments with a statement in duplicate containing such information as is required by instructions of the Director.
(e) Each handler or producer-handler shall maintain for four years such books and records as are necessary to verify reports and remittances to the Director. All such records shall be made available for inspection by the Director.
(f) All information obtained by the Director from books, records, and reports of handlers or producer-handlers pursuant to this section shall be confidential.
(g) The assessments are as follows:
District I -Imperial and Riverside Counties.
Assessment Rate Per Ton
Crop (Dollars)
Tomatoes.................. .271
Sugar Beets............... .041
Melons.................... .259
Watermelons............... .131
Cucumbers................. .253
Beans (Dry)............... .506
Beans (Green Lima)........ .433
Beans (Green Snap)........ .224
Peppers................... .194
Spinach................... .046
Squash (Green weight)..... .242
Pumpkin (Green weight).... .242

District II -Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains.
Assessment Rate Per Ton
Crop (Dollars)
Tomatoes..................... .127
Sugar Beets.................. .053
Muskmelons (Green weight).... .283
Muskmelons (Vine seed)....... 15.577
Cucumbers (Green weight)..... .224
Cucumbers (Vine seed)........ 15.779
Beans (Dry).................. .832
Beans (Green Lima)........... .706
Beans (Green Snap)........... .349
Peppers...................... .338
Squash (Green weight)........ .241
Squash (Vine seed)........... 10.817
Pumpkin (Green weight)....... .241
Pumpkin (Vine seed).......... 10.817
Spinach...................... .073
Watermelon (Green weight).... .122
Watermelon (Vine seed)....... 9.307

District III -Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, Glenn, and Tehama counties.
Assessment Rate Per Ton
Crop (Dollars)
Tomatoes..................... .019
Sugar Beets.................. .020
Muskmelons (Green weight).... .145
Muskmelons (Vine seed)....... 20.456
Cucumbers (Green weight)..... .088
Cucumbers (Vine seed)........ 5.500
Beans (Dry).................. .268
Beans (Green Lima)........... .300
Beans (Green Snap)........... .037
Peppers...................... .012
Spinach...................... .025
Watermelon (Vine seed)....... 2.515
Squash (Green weight)........ .110
Squash (Vine seed)........... 10.817
Pumpkin (Green weight)....... .110
Pumpkin (Vine seed).......... 10.817

District IV -Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara counties.
Assessment Rate Per Ton
Crop (Dollars)
Tomatoes.................... .064
Sugar Beets................. .025
Muskmelons (Vine seed)...... 6.020
Cucumbers (Green weight).... .103
Cucumbers (Vine seed)....... 5.836
Beans (Dry)................. .521
Beans (Green Lima).......... .374
Beans (Green Snap).......... .332
Peppers..................... .270
Spinach..................... .053
Squash (Green weight)....... .103
Squash (Vine seed).......... 10.817
Pumpkin (Green weight)...... .103
Pumpkin (Vine seed)......... 10.817




Note: Authority cited: Sections 407, 6034 and 6036, Food and Agricultural Code. Reference: Sections 6034, 6035 and 6036, Food and Agricultural Code.







<<(Chapter Originally Printed 7-25-45)>>



s 3610. Western Celery Mosaic Host-Free Districts and Periods.
The director finds that western celery mosaic virus (which is also known as celery mosaic, Apium virus 1, and Marmor umbelliferarum) exists in certain celery growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means.
(a) Host. Celery ( Apium graveolens).
(b) Host-Free Districts. The following areas are declared western celery mosaic host-free districts:
District 1. That portion of San Luis Obispo County bounded by a line drawn as follows: Beginning at the point of junction of San Luis Obispo Creek and the mean high tide line of the Pacific Ocean (near the town of Avila); then northeasterly along the center line of San Luis Obispo Creek to the point of its intersection with the center line of U.S. Highway 101; then easterly (approximately 12 miles) along an imaginary line drawn from said intersection to the point of junction of Lopez Creek and Arroyo Grande Creek (near the west boundary of Sec. 33, T31S, R14E, MDM); then southerly (approximately 9 1/2 miles) along an imaginary line drawn from the junction of Lopez Creek and Arroyo Grande Creek through the southernmost corner of Lot No. 39 of Rancho Nipomo to its point of intersection with the center line of U.S. Highway 101; then westerly (approximately 8 miles) along an imaginary line drawn from said point on U.S. Highway 101 through the southwest corner of Lot No. 131 of Rancho Bolsa de Chemisal to its point of intersection with the mean high tide line of the Pacific Ocean; then along the mean high tide line of the Pacific Ocean in a northerly and westerly direction to the point of beginning.
District 2. The entire County of Monterey.
District 3. The entire County of Ventura.
(c) Host-Free Periods. The following are declared host-free periods for the districts described in subsection (b):
(1) At any place within the District, outside of greenhouses, in:
(A) District 1, the host-free period shall commence on January 1 and end on January 31.
(B) District 2, the host-free period shall commence on January 1 and end on January 31.
(C) District 3, the host-free period shall commence on July 15 and end on August 4.
(2) Inside of greenhouses within the District in:
(A) District 1, the host-free period shall be any continuous eight day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager.
(B) District 2, the host-free period shall be any continuous eight day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager.
(C) District 3, the host-free period shall commence on July 15 and end on July 22.
(d) Prohibitions and Permits.
(1) Except as provided in paragraphs (2), (3) and (4) of this subsection, the planting of celery transplants, including any variety or subspecies of Apium graveolens, or the holding of celery in any state of cultivation or growth, other than seed or seedlings not showing above ground, is prohibited within the western celery mosaic host-free districts during the annual host-free periods established for those districts.
(2) No celery plant or part thereof, other than seed, shall be planted or maintained in any state of cultivation or growth within any western celery mosaic host-free district unless a permit has been issued by the director or the agricultural commissioner of the county in which the district is located. The director or the agricultural commissioner may issue a permit to introduce, plant, and maintain celery transplants within the district, except during any host-free period established in subsection (c) (unless the permit is issued pursuant to paragraph (3) or (4) below), provided the director or commissioner determines that the celery plants covered by the permit originated on premises or in a district which is free from western celery mosaic.
(3) The county agricultural commissioner may issue a permit for growing celery transplants within the host-free district at any time in any greenhouse located one-half mile or more from any wild or cultivated celery growing outside of greenhouses, provided the following conditions are met:
(A) The applicant notified the commissioner in writing, 30 days in advance of the proposed starting date, of his or her intention to observe a host-free period in the greenhouse at a time other than during the host-free period established for the district in subsection (c)(2), and
(B) The commissioner determines that no celery plant or living celery plant material has been present in the greenhouse during a period of consecutive days, equivalent to the period established for the district in subsection (c)(2), within the immediately preceding twelve-month period.
(4) Celery plants may be grown at any time in any western celery mosaic host-free district, in an experimental celery breeding plot, provided a permit for growing experimental celery in a breeding plot has been issued by the agricultural commissioner of the county in which the district is located. Said permit may continue in effect indefinitely providing the commissioner determines that:
(A) Effective insect vector control measures are maintained;
(B) The plot is and remains isolated from commercial celery fields; and
(C) The plot does not otherwise constitute a source of spread of western celery mosaic virus.



Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781 and 5784, Food and Agricultural Code.


s 3611. Lettuce Mosaic Host-Free District and Period.
The Director finds that lettuce mosaic virus disease exists in certain lettuce growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means.
(a) Hosts. Lettuce ( Lactuca spp) and endive or escarole ( Cichoriumendivia).
(b) Host-Free District. The entire County of Monterey.
(c) Host-Free Period. The host-free period for the district described in subsection (b) shall commence on December 7 and end on December 21 of each year.
(d) Restrictions. No host plant including greenhouse seed crop plants or transplants or part thereof, except seed, shall be planted or maintained in any state of cultivation or growth in any lettuce mosaic host-free district during the host-free period unless authorized under a permit issued by the director or agricultural commissioner of the county in which the district is located. During the existence of the host-free period, any host plant or part thereof, except seed, which is planted, growing or being cultivated or maintained within a host-free district, is a public nuisance and subject too all the laws which relate to the abatement of such nuisance.



Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781-5783, Food and Agricultural Code.


s 3612. Chrysanthemum White Rust Host-Free District and Period.
The Secretary finds that Chrysanthemum white rust (Puccinia horiana) exists in certain areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means.
(a) Hosts. Chrysanthemum spp. and Dendranthema spp. (Chrysanthemums).
(b) Host-Free District. That portion of Santa Cruz County bounded by a line as follows: Beginning at the intersection of State Highway 1 and State Highway 17; then, northerly along State Highway 17 to its intersection with El Rancho Drive; then, northerly along said drive to its intersection with Carbonera Drive; then, southeasterly along Carbonera Drive to its intersection with Vista Bella Drive; then, southeasterly from said intersection along an imaginary line to the intersection of Glen Canyon Road and Branciforte Drive; then, northerly along said drive to its intersection with Granite Creek Road; then, easterly from said intersection along an imaginary line to the intersection of Browns Valley Road and Hazel Dell Road; then, southeasterly along Hazel Dell Road to its intersection with Mt. Madonna Road; then, southerly along Mt. Madonna Road to its intersection with Casserly Road; then, southeasterly along Casserly Road to its intersection with Carlton Road; then, southeasterly along Carlton Road to its intersection with Riverside Drive (State Highway 129); then, southwesterly along said drive to its intersection with State Highway 1; then, southerly along said highway to its intersection with the Santa Cruz-Monterey County Line; then, southwesterly along said county line to its intersection with the Pacific Ocean coastline; then, northerly and westerly along the said coastline to its intersection with the Santa Cruz Pier; then, northerly along said pier to its intersection with Beach Street; then, westerly along said street to its intersection with West Cliff Drive; then, southerly along said drive to its intersection with Bay Street; then, northwesterly along said street to its intersection with State Highway 1; then, northeasterly along said highway to the point of beginning.
(c) Host-Free Period. The host-free period for the district described in subsection (b) shall commence on October 1, 1995 and end on May 31, 1996.
(d) Restrictions. No host plant, except seed, shall be planted or maintained in any state of cultivation or growth in any Chrysanthemum white rust host-free district during the host-free period unless authorized under a compliance agreement by the Secretary. During the existence of the host-free period, any host plant or part thereof, except seed, which is planted, growing or being cultivated or maintained within a host-free district is a public nuisance and subject to all of the laws which relate to the abatement of such nuisance.
Unless otherwise amended, effective June 1, 1996 this regulation is repealed.



Note: Authority cited: Sections 407 and 5781, Food and Agricultural Code. Reference: Sections 5781-5783, Food and Agricultural Code.


s 3628. Definitions.
(a) "Improved Meyer lemon" means clones of the Meyer lemons designated as Citrus Variety Improvement Numbers 319 and 333 which the director under the authority of Section 5981 of the California Food and Agricultural Code, has determined to be free from infections of virus or mycoplasma-like diseases dangerous or detrimental to the production of commercial or ornamental citrus fruit or plants.
(b) "Meyer lemon plant" as referred to in this group excludes all improved Meyer lemon plants as defined above, but otherwise includes:
(1) Any plant which consists entirely or partly of Meyer lemon plant tissue or
(2) Any plant to which Meyer lemon plant tissue has been joined at any time by any method of grafting.
(c) "Virus free" as used in this group means plants free of the tristeza virus or complexes of the tristeza virus as determined by inspection or, in case of dispute, by index testing, or by other recognized laboratory procedures as set forth in regulations of the department.
(d) "Sale" includes offer for sale, expose for sale, possess for sale, exchange, barter, or trade.
(e) "Propagation" means to reproduce or multiply a plant by any asexual method.



Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 5322, 5801-5803 and 5981, Food and Agricultural Code.


s 3629. Meyer Lemon Plants Prohibited.
(a) Propagation and/or Sale. The propagation and/or sale of Meyer lemon plants is prohibited except under permit from the director for scientific and research purposes.
(b) Declaration of Nuisance and Abatement. All Meyer lemon plants are declared to be a public nuisance subject to all laws and remedies relating to the prevention and abatement of nuisances. The director or the county agricultural commissioner acting under the supervision and direction of the director may take such action including removal and destruction with reference to such nuisance as is provided by law.



Note: Authority cited: Sections 407, 5322 and 5801, Food and Agricultural Code. Reference: Sections 5322, 5801 and 5803, Food and Agricultural Code.


s 3630. Improved Meyer Lemon Plants.



Note: Authority cited: Sections 407, 5322 and 5802, Food and Agricultural Code. Reference: Sections 5322, 5401-5402, 5802 and 5821-5822, Food and Agricultural Code.


s 3635.



Note: Authority cited: Sections 407, 5322, and 5761, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.


s 3636. Chrysanthemum White Rust Disease Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Chrysanthemum white rust disease (Puccinia horiana), is known to exist, is hereby proclaimed to be an eradication area with respect to said disease:
(1) Eradication Area. The entire counties of Santa Clara, Santa Cruz and Santa Barbara.
(b) Hosts.
(1) Plants and plant parts of the generaChrysanthemum andDendranthema.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area:
(1) The application of chemicals to host plants and parts thereof as often as necessary to affect control of the disease.
(2) The examination of host plants.
(3) The removal and immediate destruction of diseased material of hosts listed in (b) above.
(4) The steam treatment of nursery beds.
(5) The establishment of host-free periods within the eradication area listed in (a)(1) above.



Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763, 5781, 5782 and 5783, Food and Agricultural Code.


s 3637. Karnal Bunt Disease Eradication Area.
(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which a certain pest, Karnal bunt disease (Tilletia indica), is known to exist, is hereby proclaimed to be an eradication area with respect to said disease:
(1) Eradication Area. The entire counties of Imperial and Riverside.
(b) Hosts and Possible Carriers.
(1) Conveyances, including trucks, railroad cars, and other containers used to move wheat, durum wheat, or triticale;
(2) Grain elevators/equipment/structures used for storing and handling wheat, durum wheat, and triticale;
(3) Milling products or byproducts, except flour;
(4) Plants, or plant parts, including grain, seed, or straw of all varieties of the following species: wheat (Triticum aestivum); durum wheat (Triticum durum); and triticale (Triticum aestivum x Secale cereale);
(5) Root crops with soil;
(6) Soil from areas where field crops are produced;
(7) Manure from animals that have fed on wheat, durum wheat, or triticale;
(8) Used bags, sacks and containers;
(9) Used farm tools;
(10) Used mechanized cultivating equipment;
(11) Used mechanized harvesting equipment;
(12) Used seed conditioning equipment;
(13) Used mechanized soil-moving equipment;
(14) Any other product, article or means of conveyance when it is determined by the Secretary that it presents a risk of spreading spores of the fungus which causes Karnal bunt disease due to its proximity to an infestation of Karnal bunt disease and the person in possession has been so notified.
(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest within said area:
(1) The application of chemicals to hosts and possible carriers as often as necessary to effect control of the disease.
(2) The examination of hosts and possible carriers.
(3) The removal and immediate destruction of material of hosts listed in (b)(4) above which is diseased, has been exposed to the disease, or originated from a source known to be diseased.
(4) The prohibition of planting host crops on properties known to be infested with or exposed to the disease.



Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761-5763, Food and Agricultural Code.


s 3638.



Note: Authority cited: Sections 407, 5322, and 5761, Food and Agricultural Code. Reference: Sections 5761-5764, Food and Agricultural Code.


s 3640. Nematodes: Commercially Clean Nursery Stock for Farm Planting.
(a) Nematode infested nursery stock for farm planting has been determined by the Secretary to be detrimental to agriculture.
(b) Nursery stock for farm planting shall be commercially clean with respect to economically important nematode species detrimental to agriculture.
(c) "Commercially clean" nursery stock for farm planting means nursery stock for commercial farm planting that is certified in accordance with the requirements of the Nursery Stock Nematode Certification program as provided in Sections 3055 through 3055.6; and nursery stock which is not so certified shall not be sold or shipped within the State.
(d) Exemptions:
(1) Nursery stock for farm planting produced in non-soil media and garlic, mint, onion, and seed potato nursery stock are exempt from the requirements of this section.
(2) Nursery stock for farm planting found to be infested with economically important nematode species detrimental to agricultural production may be sold or shipped when, by written agreement, the buyer and the agricultural commissioner of the county where the stock is to be planted both agree to accept the stock for planting in an area where the nematode species infesting the stock is already present.
(e) Enforcement: Enforcement of this regulation shall be the responsibility of the Department.



Note: Authority cited: Sections 407, 5322, 6901 and 6902, Food and Agricultural Code. Reference: Sections 5322, 6901 and 6902, Food and Agricultural Code.


s 3650. Legislative Intent and Authority.
(a) The Legislature has declared that the plant killing bacterium,Xylella fastidiosaand the resulting Pierce's disease, and its vectors present a clear and present danger to California's grape industry, as well as to many other commodities and plant life. The Legislature has created the Pierce's Disease Control Program in the Department of Food and Agriculture.
(b) The Secretary is authorized to establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in Sections 6045-6047, Food and Agricultural Code, as may be necessary to interpret, clarify, or implement Sections 6045-6047. This authority shall be liberally construed to effectuate the intent of Sections 6045-6047.
(c) The regulations in this subchapter are of statewide interest and concern and are intended to wholly occupy the field.



Note: Authority cited: Sections 407, 5323 and 6047, Food and Agricultural Code. Reference: Section 5323, 6045 and 6046, Food and Agricultural Code.


s 3651. Control Program.
(a) The Pierce's Disease Control Program is to be conducted by the local public entity designated by that county's board of supervisors under a Department approved local Pierce's disease workplan, including proposed treatment of Pierce's disease and its vectors.
(b) The Department shall provide logistical support and assistance when necessary for combating Pierce's disease and its vectors. Logistical support and assistance includes:
(1) Biological control assistance.
(2) Provide information on production practices to reduce levels of Pierce's disease and its vectors.
(3) Conduct workplan activities when necessary.
(4) Develop pest control alternatives.
(c) Workplans.
(1) The Pierce's Disease Control Program workplan elements shall include, but are not limited to, all of the following:
(A) Develop and deliver producer outreach information and training to local communities, groups, and individuals to organize involvement with the workplan and to raise awareness regarding Pierce's disease and its vectors.
(B) Develop and deliver ongoing training of the designated local public entity's employees in the biology, survey, and treatment of Pierce's disease and its vectors.
(C) Identify a local Pierce's disease coordinator within the designated local public entity.
(D) Conduct detection and delimitation surveys for vectors.
(E) If determined necessary to prevent the establishment and spread of Pierce's disease and its vectors, direct and coordinate treatment programs to control or eliminate Pierce's disease and its vectors. Treatment programs shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner.
(F) Develop and implement a data collection system to track and report new infestations of Pierce's disease and its vectors in a manner respectful of property and other rights of those affected.
(2) The Department may permit the local public entity to establish variations from the standards set forth in this subchapter based on the written submission to the Department of clear and convincing evidence of stakes and risks to justify a more or less stringent standard.
(3) The local public entity shall conduct a hearing if an application of the workplan is appealed in writing to that entity. The results of said hearing shall be transmitted to the Department. The hearing notice procedures shall meet minimum due process standards appropriate for the circumstances. The notice and hearing procedures shall be set out in the workplan of the local public entity.



Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Sections 6045 and 6046, Food and Agricultural Code.


s 3652. Definitions.
The following definitions apply to this subchapter:
(a) "Bulk citrus" means any unprocessed citrus fruit that have not been commercially packed.
(b) "Bulk grapes" means any unprocessed grapes that have not been commercially packed.
(c) "Carriers" means any vehicle, container, or other article or means of conveyance that the Department determines presents a possible risk of artificial spread of vectors.
(d) "Certification" means the issuance of a certificate in written, stamp, or sticker format by an agricultural commissioner or commissioner representative that affirms that a shipment meets all applicable regulatory requirements.
(e) "Infestation" shall mean the detection of five (5) or more adult vectors within any five-day period and within a 300-yard radius, or the detection of multiple life stages within any five-day period and within a 300-yard radius. Vectors detected in direct association with a shipment from an infested area do not, in themselves, constitute an infestation.
(f) "Infested area" shall mean an area within one (1.0) mile of a vector infestation or an area which has not been surveyed in a manner approved by the Department to detect vectors.
(g) "Non-infested area" shall mean one in which no infestations have been detected after survey in a manner approved by the Department to detect vectors or where the infestation designation has been removed.
(h) "Pierce's disease" means the disease of grapevines caused byXylella fastidiosa, a bacterium.
(i) "Plants" means nursery stock and privately owned plants that may host vectors of Pierce's disease, except when in the form of seeds, bulbs, stolons, corms, pips, buds, cut flowers, cut foliage, tubers, leafless dormant nursery stock, or harvested fruits and vegetables.
(j) "Processed grapes" means grapes which have been juiced, canned, crushed, or dried.
(k) "Vectors or Vectors of Pierce's disease" shall meanHomalodisca coagulata, glassy-winged sharpshooter.



Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.


s 3653. Area Designation Procedures.
(a) An area shall be designated as non-infested based on written affirmation to the Department by the local public entity that the area has been surveyed in a manner approved by the Department to detect vectors with negative results.
(b) An area shall be designated as infested when the survey results indicate an infestation is present, the Department has defined the infested area, and the local public entity is notified immediately. The Department shall also provide electronic and/or written notification of the area designations to the other local public entities and other interested or affected parties.
(c) The local public entity may appeal an area designation by submission to the Department of a written request for review of the designation, accompanied by clear and convincing evidence justifying a change in the designation. The appeal must be filed no later than ten (10) working days following receipt of the notice of designation. The Department must respond with a written decision no later than ten (10) working days following receipt of the appeal. During the pending of the appeal, the designation under appeal shall remain in effect.
(d) The infested area designation shall be removed if:
(1) No additional vectors are detected by trapping or visual surveys during the period of January 1 through October 31 of the year following the last vector detection; or,
(2) Only adult vectors were detected and thorough vector survey/detection activities document that a breeding population is not present.



Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.


s 3654. Inspection of Shipments and Disposition of Infested Shipments.
(a) All shipments of bulk citrus, bulk grapes, plants, and carriers are subject to inspection by the agricultural commissioner upon arrival at destination.
(b) Any shipment found to be infested with live vectors shall be refused delivery and may be immediately destroyed unless no damage would be caused to agriculture if the shipment is returned to origin, or processed or treated in a manner approved by the Department to eliminate the vectors.



Note: Authority cited: Sections 407, 6521, 6523 and 6047, Food and Agricultural Code. Reference: Sections 6521, 6522, 6523, 6524 and 6045, Food and Agricultural Code.







The Secretary hereby establishes the following standards for the movement of
bulk grapes to prevent the artificial spread of the Pierce's disease bacterium
and its vectors.


s 3655. Standards for Movement.
(a) Bulk grapes shall meet the following standards prior to shipment from an infested area to a non-infested area:
(1) The bulk grapes have originated from a vineyard which has been harvested, handled, or treated in a manner approved by the Department to eliminate vectors and the grapes are monitored during harvest; or,
(2) The bulk grapes have originated from a non-infested vineyard as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the grapes are monitored during harvest; or,
(3) If the county agricultural commissioner at origin and destination determine that compliance with subparagraph (1) or (2) is not feasible, the bulk grapes and associated plant material may be moved for processing in a manner approved by the Department which eliminates the potential artificial spread of vectors and the grapes are monitored during harvest, if feasible, and upon arrival for processing. The commissioners shall notify the Department of their determination as soon as is practicable; or, (continued)