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(4) The bulk grapes have completed a post-harvest treatment approved by the Department to eliminate all live vectors.
(b) To ensure that the above standards are met, the grower shall do all of the following:
(1) Notify the county agricultural commissioner (of the county in which the vineyard is located) a minimum of 72 hours prior to the initiation of harvest.
(2) Assure that a certificate, as provided in Section 3656, is attached to every shipment and is provided to the receiver.
(3) Maintain harvest and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.
(c) To ensure that the above standards are met, the receiver shall do all of the following:
(1) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the receiver is located) to determine if the vector is present at the receiver's facility.
(2) Collect the certificates, required in Section 3656, for each shipment and maintain them as part of the shipment documentation.
(3) Dispose of all material other than grapes in a manner that eliminates vector survival risk. Disposal methods include, but are not limited to, steam, crush, cold treat, and solarization.
(4) Maintain trapping, vector detection, and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3656. Certification.
Shipments of bulk grapes shall be certified as meeting the standards for movement in the following manner:
(a) Each shipment of bulk grapes shall be accompanied by a certificate issued by the county agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3655(a).
(b) Prior to the movement of each shipment of bulk grapes moved under Section 3655(a)(3), the origin agricultural commissioner shall notify the destination agricultural commissioner of the quantity of grapes being moved, the specific destination, and identification information.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3657. Exemptions.
These standards do not apply to the following types of shipments:
(a) Unprocessed, bulk grapes which are being transported without undue delay or diversion through non-infested areas to an infested destination for processing or treatment, or are being moved to a destination outside the State.
(b) Processed grapes.
(c) Shipments originating from non-infested areas.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
The Secretary hereby establishes the following standards for the movements of
plants to prevent the artificial spread of the Pierce's disease bacterium and
its vectors.
s 3658. Plants.
Shipments of the following live plants shall meet the requirements of Article 3, Standards for Plants:
Scientific Name Common Name
Abelia spp. Abelia
Acacia spp. Acacia
Aeschynanthus spp. Basket plant
Agapanthus spp. Agapanthus
Agonis spp. Willow myrtle
Ajuga spp. Bugleweed
Albizia spp. Albizzia
Aleurites spp. Aleurites
Alnus spp. Alder
Althaea spp. Hollyhock
Amaranthus spp. Amaranth
Ambrosia spp. Ragweed
Amelanchierspp. Serviceberry
Ananas spp. Ananas
Annona spp. Annona (cherimoya)
Antirrhinum spp. Snapdragon
Aptenia spp. Aptenia
Arbutus spp. Strawberry tree
Archontophoenixspp. Seaforthia
Arctostaphylos spp. Manzanita
Arecastrum spp. Arecastrum
Aronia spp. Chokecherry
Asclepias spp. Milkweed
Asparagus spp. Asparagus
Aspidistra spp. Aspidistra
Baccharis spp. Baccharis
Bauhinia spp. Bauhinia
Berberis spp. Barberry
Betula spp. Birch
Bignoniaspp. Bignonia
Bougainvillea spp. Bougainvillea
Brachychiton spp. Bottle tree
Brunfelsiaspp. Brunfelsia
Buxus spp. Boxwood
Calliandra spp. Powderpuff
Callistemon spp. Bottlebrush
Calodendrumspp. Cape chestnut
Camellia spp. Camellia
Campsisspp. Trumpet creeper
Canna spp. Canna
Carica spp. Papaya
Capsicum spp. Pepper, chile
Caryota spp. Fishtail palm
Cassia spp. Senna
Castanopsis spp. Chinquapin
Castanospermum spp. Castanospermum
Catalpa spp. Catawba
Ceanothus spp. Redroot
Ceratonia spp. Carob
Ceratostigma spp. Ceratostigma
Cercidium spp. Palo verde
Cercis spp. Redbud
Cercocarpus spp. Mountain mahogany
Chenopodiumspp. Lambsquarter
Chionanthus spp. Fringe tree
Chitalpa spp. Chitalpa
Chlorophytum spp. St. Bernard's lily
Chorisia spp. Floss-silk tree
Chrysanthemum spp. Chrysanthemum
Cinnamomumspp. Cinnamomum
Cissus spp. Grape ivy
Cistus spp. Rock rose
Citrus spp. Citrus
Clytostomaspp. Clytostoma
Cocculus spp. Cocculus
Cocos spp. Cocos
Coffea spp. Coffee
Coprosma spp. Coprosma
Cordyline spp. Ti
Cornus spp. Dogwood
Cotoneaster spp. Cotoneaster
Crassula spp. Crassula
Cupaniopsisspp. Cupaniopsis
Cycas spp. Cycad
Dianthus spp. Dianthus
Dietes spp. Dietes
Diospyros spp. Persimmon
Dodonaea spp. Dodonaea
Elaeagnus spp. Elaeagnus
Elaeocarpus spp. Elaeocarpus
Ensete spp. Ensete
Erigeron spp. Fleabane
Eriobotrya spp. Eriobotrya
Erythrina spp. Coral tree
Escallonia spp. Escallonia
Eucalyptus spp. Eucalyptus
Eugenia spp. Eugenia
Euonymus spp. Euonymus
Eupatorium spp. Boneset
Euryops spp. Euryops
Fatshedera spp. Aralia ivy
Feijoa spp. Feijoa
Ficus spp. Fig
Forsythia spp. Golden-bells
Fortunella spp. Kumquat
Fraxinus spp. Ash
Gardenia spp. Gardenia
Gazaniaspp. Gazania
Geijera spp. Geijera
Gelsemium spp. Yellow jessamine
Ginkgo spp. Gingko
Gladiolus spp. Gladiolus
Gossypiumspp. Cotton
Grevillea spp. Spider flower
Grewia spp. Grewia
Hardenbergia spp. Hardenbergia
Harpephyllum spp. Kaffir plum
Hederaspp. Ivy
Helianthus spp. Sunflower
Hemerocallis spp. Daylily
Heteromeles spp. Toyon
Hibiscus spp. Hibiscus
Howea spp. Sentry palm
Hymenosporumspp. Hymenosporum
Hypericum spp. St. John's-wort
Ilex spp. Holly
Itea spp. Itea
Jacaranda spp. Green ebony
Jasminum spp. Jasmine
Juglansspp. Walnut
Koelreuteria spp. Golden-rain tree
Lactuca spp. Lettuce
Lagerstroemia spp. Crape myrtle
Lantanaspp. Shrub verbena
Laurus spp. Laurel
Leucospermum spp Pincushion
Ligustrumspp. Privet
Limoniumspp. Statice
Lippia spp. Lippia
Liquidambar spp. Sweet gum
Liriodendron spp. Tulip tree
Litchi spp. Lychee
Lonicera spp. Honeysuckle
Loropetalum spp. Loropetalum
Macadamia spp. Macadamia
Magnolia spp. Magnolia
Malus spp. Apple
Malva spp. Mallow
Mandevilla spp. Mandevilla
Mangifera spp. Mango
Scientific Name Common Name
Maytenus spp. Maytenus
Melaleuca spp. Honey myrtle
Meliaspp. Chinaberry
Metrosideros spp. Metrosideros
Micheliaspp. Champak
Mirabilisspp. Umbrella wort
Monarda spp. Wild bergamot
Morus spp. Mulberry
Murraya spp. Orange jessamine
Myoporum spp. Myoporum
Myrsine spp. Myrsine
Myrtus spp. Myrtle
Nandina spp. Nandina
Nephrolepis spp. Sword fern
Nerium spp. Oleander
Nicotiana spp. Tree tobacco
Nyssa spp. Tupelo
Oenothera spp. Evening primrose
Oleaspp. Olive
Opuntia spp. Cactus
Osmanthusspp. Osmanthus
Osteospermum spp. Osteospermum
Pachysandraspp. Spurge
Pandorea spp. Pandorea
Parthenocissusspp. Woodbine
Passiflora spp. Passion fruit
Pelargoniumspp. Pelargonium
Penstemon spp. Beard-tongue
Persea spp. Avocado
Philadelphusspp. Mock orange
Philodendron spp. Philodendron
Phlox spp. Phlox
Phoenix spp. Date palm
Phormium spp. Flax lily
Photinia spp. Photinia
Phyla spp. Frogfruit
Phytolacca spp. Pokeweed
Pinus spp. Pine
Pistacia spp. Pistachio
Pittosporumspp. Pittosporum
Platanus spp. Sycamore
Platyceriumspp. Staghorn fern
Plumbago spp. Leadwort
Podocarpusspp. Podocarpus
Polygala spp. Milkwort
Polygonumspp. Polygonum
Populus spp. Cottonwood
Portulacaria spp. Portulacaria
Protea spp. Protea
Prunus spp. Prunus
Psidium spp. Guava
Punica spp. Pomegranate
Pyracantha spp. Pyracantha/Firethorn
Pyrus spp. Pear
Quercus spp. Oak
Raphiolepis spp. Raphiolepis
Rhamnus spp. Buckthorn
Rhododendron spp. Azalea
Rhus spp. Sumac
Robinia spp. Locust
Rosa spp. Rose
Rubus spp. Blackberry
Rudbeckia spp. Coneflower
Salixspp. Willow
Sambucusspp. Elderberry
Sapium spp. Sapium
Sarcococca spp. Sweet box
Sassafras spp. Sassafras
Schefflera spp. Umbrella tree
Schinus spp. Schinus
Schlumbergera spp. Christmas cactus
Simmondsia spp. Jojoba
Solanum spp. Solanum
Solidago spp. Goldenrod
Sonchus spp. Sonchus
Sorbus spp. Mountain ash
Sorghum spp. Sorghum
Strelitzia spp. Bird-of-paradise
Syringa spp. Lilac
Syzygium spp. Syzygium
Tabebuia spp. Trumpet tree
Tecomaria spp. Tecomaria
Ternstroemia spp. Ternstroemia
Thujaspp. Arborvitae
Tipuana spp. Tipu Tree
Trachelospermum spp. Trachelospermum
Tradescantia spp. Spiderwort
Tristania spp. Tristania
Tulbaghia spp. Tulbaghia
Tupidanthus spp. Tupidanthus
Ulmusspp. Elm
Vauqueliniaspp. Arizona rosewood
Veronica spp. Speedwell
Viburnumspp. Viburnum
Vigna spp. Vigna
Vincaspp. Periwinkle
Violaspp. Violet
Vitisspp. Grape
Washingtoniaspp. Washington palm
Wisteria spp. Wisteria
Xanthium spp. Cocklebur
Xylosma spp. Xylosma
Yucca spp. Yucca
Zantedeschia spp. Calla lily
Zeaspp. Zea
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3659. Standards for Movement.
(a) Plants shall meet the following standards prior to shipment from an infested area to a non-infested area:
(1) The plants have been produced, handled, or treated in a manner approved by the Department to eliminate vectors; or,
(2) The plants originate from a non-infested premise or a non-infested portion of a premise as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the plants are monitored during loading for shipment; or,
(3) The plants have been inspected, found to be free of vectors, and have been safeguarded from vectors until shipped.
(b) To ensure that the above standards are met, the nursery shall do all of the following:
(1) Train employees to inspect for and recognize suspect vectors.
(2) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the nursery is located) to determine if the vector is present at the nursery facility.
(3) If the vector is present, conduct an ongoing monitoring program that includes a vector free shipment staging area and inspection of plants for vectors.
(4) Conduct treatments, as necessary, to ensure that each shipment is free of the vectors.
(5) Maintain treatment, vector trapping, detection, and monitoring records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3660. Certification.
Shipments of plants shall be certified as meeting the standards for movement in the following manner:
(a) Each shipment of plants shall be accompanied by a certificate issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3659.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3661. Exemptions.
These standards do not apply to the following types of shipments:
(a) Privately owned plants which have been maintained indoors.
(b) Plants which have been designated by the Department as not presenting a risk for the artificial spread of vectors.
(c) Plants which are being transported without undue delay or diversion through non-infested areas.
(d) Plant shipments originating from non-infested areas.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
The Secretary hereby establishes the following standards for the movement of
bulk citrus to prevent the artificial spread of the vectors of Pierce's
disease.
s 3662. Standards for Movement.
Bulk citrus from an infested area shall meet the standards in (a) or (b) prior to shipment to a non-infested area or an area in which an active control program is being conducted; or prior to transiting a non-infested area or an area in which an active control program is being conducted. The owner shall notify the county agricultural commissioner (of the county in which the grove is located) a minimum of 72 hours prior to the initiation of harvest.
(a) The bulk citrus have been harvested, handled, or treated in a manner approved by the Department to eliminate all live vectors including, but not limited to, the following:
(1) Treat grove(s) when infestation levels of vectors are evidenced by multiple detections(s); or,
(2) Mechanically brush and protect citrus from infestation by vectors; or,
(3) Post-harvest treatment of citrus.
(b) The bulk citrus have originated from a non-infested grove as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the citrus fruit are monitored during harvest.
(c) To ensure that the standards in (a) or (b) are met, the receiver shall do all of the following:
(1) Collect the certificates, required in Section 3663, for each shipment and maintain them as part of the shipment documentation.
(2) Notify the agricultural commissioner (of the county in which the receiver is located) when suspect vectors are detected.
(3) Safeguard infested shipments until rejection action is specified by the agricultural commissioner.
(4) Maintain shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3663. Certification.
Shipments of bulk citrus shall be certified as meeting the standards for movement in the following manner:
(a) Each shipment of bulk citrus shall be accompanied by a certificate or other document issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3662.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3663.5. Exemptions.
These standards do not apply to the following types of shipments:
(a) Processed citrus fruit, including citrus fruit which has been washed and waxed and is being moved in bulk quantities.
(b) Shipments originating from non-infested areas.
(c) Shipments originating in the infested area that do not enter a non-infested area or an area in which an active control program is being conducted.
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.
s 3664. Purpose.
The Grapevine Loss Assistance Program (GVLAP) is established to provide a maximum aggregate $7.14 million in payment to eligible vineyard owners who incur losses due to Pierce's disease spread by the glassy-winged sharpshooter.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code.
s 3665. Application for GVLAP Form GWSS-003 (March 1, 2002).
(a) Application for compensation shall be made using a Department application form for this purpose.
(b) Application forms are available from the county agricultural commissioner, Pierce's Disease Control Program, or from the web site: http:// www.cdfa.ca.gov/phpps/pdcp.
(c) Applications for the GVLAP shall be submitted directly to the county agricultural commissioner(s) of the county(ies) in which the vineyard(s) is located.
(d) The application form(s) shall be complete and submitted by mail, courier, or hand delivery by the close of business on June 1, 2002 and must include the original signature(s) of the person or entity (authorized representative).
(e) The application form(s) must be accompanied by Form W-9 Request for Taxpayer Identification Number and Certification (Department of the Treasury, Internal Revenue Service, Rev. January 2002) and all other documents required by this article.
(f) The application shall indicate the names of all owners (person) of each vineyard or the entity doing business.
(g) Any person or entity applying for and/or receiving compensation must permit authorized representatives of the program to enter their property during normal business hours without prior notice to assess the accuracy of information supplied to the department; to inspect, examine, and make copies on site of such reports and accounts to determine qualification or eligibility for or compliance with the program.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code.
s 3666. Eligibility.
The following eligibility requirements apply to the GVLAP:
(a) Payments are authorized to compensate grape growers only for grapevine losses resulting from Pierce's disease spread by the glassy-winged sharpshooter. Payments are not authorized for grape production losses or for the cost of replanting grapevines.
(b) Distribution of the compensation payments shall be based on vineyard establishment cost, or a portion thereof, in the county in which the vineyard is located.
(c) Removal of the grapevines shall have been conducted as a result of infection by Pierce's disease spread by the glassy-winged sharpshooter.
(d) Each removed vineyard acre must have a minimum of 30 percent infection per contiguous acre.
(e) Vineyards must have been removed on or after August 10, 1999.
(f) Vineyards must have been removed on or before May 1, 2002.
(g) Documentation must be provided to confirm that the grapevine removal was due to infection by Pierce's disease spread by the glassy-winged sharpshooter.
(h) Proof or confirmation of Pierce's disease infection of the grapevines removed must be confirmed in writing by the local county agricultural commissioner, or the University of California Cooperative Extension farm advisor for viticulture, or by the vineyard owner by written certification that the vines were removed because of infection by Pierce's disease.
(1) Owner certification must be accompanied by documentation and verification of the number of acres infected and removed.
(2) Owner certification shall include the date(s) the grapevines were planted and removed.
(3) The vineyard owner must submit as much evidence as possible (the most preferable method of confirmation being an accepted diagnostic test to indicate the presence of Pierce's disease by a government or university laboratory facility) indicating that the presence of Pierce's disease was the factor causing removal.
(A) The county agricultural commissioner and/or the farm advisor shall be consulted to identify and verify the actual acreage removed.
(B) If the presence of Pierce's disease is confirmed as described in (3) above, the sample submitted to the laboratory must be positively identified as representing the acreage removed.
(C) The number of samples must sufficiently evidence, to the satisfaction of the county agricultural commissioner or the farm advisor, that the infection rate was a minimum of 30 percent per contiguous acre.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code.
s 3667. Application Review and Eligibility Determination.
(a) After receipt and review of each application, the county agricultural commissioner shall forward his/her recommendation regarding vineyard eligibility for compensation and the application, accompanied by all required documentation, to the Department's Pierce's Disease Control Program Sacramento office.
(b) All information provided by an applicant is subject for review for completeness and verification by the Pierce's Disease Control Program prior to the final determination of vineyard(s) eligibility. The area from which the grapevines were removed must be verified as an "infested area" based on the distribution of glassy-winged sharpshooter as determined by the Pierce's Disease Control Program.
(c) The program shall provide written eligibility determinations to the applicant(s) by September 30, 2002.
(d) Payment shall be made to the name/business name that corresponds to the information provided on Form W-9 (as required by Section 3665[c]) by September 30, 2002, unless an extension is provided by the United States Department of Agriculture for distribution of the funds by December 31, 2002.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code.
s 3668. Payment Criteria.
(a) The minimum acreage criterion is one (1) contiguous acre of removed vines demonstrating at least 30% infection rate per acre.
(b) Vineyards that were removed after two (2) years of age and prior to ten (10) years of age will be compensated at the adjusted compensation rate per acre. The adjusted compensation rate per acre will be calculated using the average cost of vineyard establishment (planting and development costs for the first five [5] years of vineyard age) for the areas affected prorated on the basis of total qualified acreage determined by the Department.
(c) The maximum rate of compensation for grapevine losses shall not exceed the estimated cost to establish a like vineyard, or portion thereof, in the county in which the vineyard is located.
(d) For every year of vineyard age greater than ten (10) years, three (3) % will be deducted from the adjusted compensation rate per year per acre for the first 25 years of vine age. For every year of vineyard age greater than 25 years, three and six-tenths (3.6) % will be deducted from the adjusted compensation rate up to and including vineyard age 40. There will be no compensation available for vineyards in excess of 40 years of age.
(e) If the total amount of applications for compensation exceeds the available funds, payments shall be reduced by a uniform percentage to match the available funds.
(f) All owners accepting vine loss compensation funds from the Department for the acreage claimed are prohibited from reapplying for vine loss compensation from the Department for the same acreage.
(g) Compensation limits per acre and pro-rata reimbursement levels will be calculated as a function of total qualified acreage at the end of the qualifying period.
(h) If the Department or United States Department of Agriculture determines that any provisions of the application, or of the rules and regulations governing the program have not been complied with by the owner receiving compensation, noncompliance may result in the owner not being entitled to any additional payments, the owner refunding any payments made in connection with the compensation program, and owner liability for any other damages incurred as a result of such non-compliance. Non-compliance includes, but is not limited to:
(1) The owner has adopted any scheme or other device which tends to defeat the purpose of the program provided for by this article;
(2) The owner has made any fraudulent representation with respect to such program;
(3) The owner has misrepresented any fact affecting a program determination.
(i) A vineyard owner must retain all financial records and accounts relating to compensation received under the program for a period of six (6) years after the date of payment, or until final resolution of any audit of records by the Department, whichever is later.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); and Sections 6045-6047, Food and Agricultural Code.
s 3669. Appeal/Hearing Procedures.
(a) An appeal of an eligibility decision relative to a compensation application may be filed with the Department's Pierce's Disease Control Program Sacramento office within fourteen (14) calendar days of the date of the decision. A hearing shall be conducted within seven (7) calendar days of an appeal that is timely filed. An appeal that is not timely filed shall be denied and no hearing shall be conducted in connection therewith.
(b) Hearings shall be conducted pursuant to Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code and these regulations.
(c) Hearings shall be presided over and conducted by a hearing officer designated by the Secretary.
(d) Hearings may be conducted by telephone, at the discretion of the Secretary.
(e) The decision of the hearing officer shall be in writing. The decision shall be in minute order form, containing only a brief statement of the conclusion and findings to support the conclusion. It may be handwritten.
(f) The decision shall be issued within 24 hours after the conclusion of the hearing and may be issued orally at the conclusion of the hearing subject to written confirmation.
(g) The written decision shall be served on the appellant or designated representative either by personal service or, if available, by facsimile transmission.
(h) The hearing officer's decision shall be final and not appealable to the Secretary or any other officer of the Department.
(i) The appellant may seek judicial review of the hearing officer's decision by filing a petition for a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure Section 1084et seq.
(j) Hearings shall be recorded by audiotape.
Note: Authority cited: Section 407, Food and Agricultural Code; and Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter). Reference: Stats. 2002, AB1242, Chapter 18, (An Act Relating to the Glassy-winged Sharpshooter); Sections 6045-6047, Food and Agricultural Code; Sections 11425.50 and 11440.10, Government Code; and Section 1084et seq., Code of Civil Procedure.
s 3700. Oak Mortality Disease Control.
Restrictions are hereby established against the following pest, its hosts, and possible carriers.
(a) Pest. A fungus,Phytophthoraramorum, which causes oak mortality disease (sudden oak death).
(b) Regulated Area. The regulated area for the pest is: The entire counties of Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Mateo, Santa Clara, Santa Cruz, San Francisco, Solano and Sonoma.
(c) Articles and Commodities Covered. The following are declared to be hosts or potential carriers of the pest:
(1) Plants and plant parts (except acorns or seed) of:
Acer macrophyllum (bigleaf maple)
Adiantum aleuticum (Western maidenhair fern)
Adiantum jordanii (California maidenhair fern)
Aesculus californica (California buckeye)
Arbutus menziesii (madrone)
Arctostaphylos manzanita (manzanita)
Calluna vulgaris (Scotch heather)
Fagus sylvatica (European beech)
Frangula californica (=Rhamnus californica) (California
coffeeberry)
Frangula purshiana (=Rhamnus purshiana) (cascara)
Griselinia littoralis (Griselinia)
Heteromeles arbutifolia (Toyon or Christmas berry)
Kalmia latifolia (mountain laurel)
Lithocarpus densiflorus (tanoak)
Lonicera hispidula (California honeysuckle)
Maianthemum racemosum (=Smilacina racemosa, false
Solomon's seal)
Parrotia persica (Persian ironwood)
Photinia fraseri (red tip or Fraser's photinia)
Pieris formosa (andP. formosa xP. japonica and all hybrids of P.
formosa) (Himalaya andromeda)
Quercus agrifolia (coast live oak)
Quercus cerris (European turkey oak)
Quercus kelloggii(California black oak)
Quercus parvula var. shrevei and all nursery grown Q. parvula
(Shreve's oak)
Rhododendron species (azaleas and rhododendrons)
Trientalis latifolia (Western star flower)
Umbellularia californica (California bay laurel)
Vaccinium ovatum (huckleberry)
Viburnum spp. (All species of viburnum);
(2) Basal trunk/burl sprouts, small branches (less than one inch in diameter), and leaves (needles) of coast redwood (Sequoia sempervirens) and Douglas-fir (Pseudotsuga menziesii var.menziesiiand all nursery grownP. menziesii);
(3) Small branches (less than one inch in diameter) and leaves of canyon live oak (Quercus chrysolepis);
(4) Leaves of camellias (Camelliaspp.), European ash (Fraxinus excelsior), lilac (Syringa vulgaris) and wood rose (Rosa gymnocarpa);
(5) Leaves and stems of mountain andromeda (Pieris floribunda and P. floribunda xP. japonica and all hybrids of P. floribunda), Japanese pieris (Peiris japonica and all hybrids ofP. japonica); and witch hazel (Hamamelis virginiana);
(6) Plants and stems of laurustinus (Viburnum tinus);
(7) Leaves and shoots of sweet chestnut (Castanea sativa);
(8) Buds and small branches (less than one inch in diameter) of European yew (Taxus baccata);
(9) The bole (bark and wood) of Southern red oak (Quercus falcata);
(10) Leaves and sprouts of the Holm oak (Quercus ilex);
(11) Associated articles (nursery stock) of the following plants:
Abies concolor (white fir)
Abies grandis (grand fir)
Abies magnifica (red fir)
Acer circinatum (vine maple)
Acer davidii (striped bark maple)
Acer laevigatum (evergreen maple)
Acer pseudoplatanus(planetree maple)
Aesculus hippocastanum (horse chestnut)
Arbutus unedo(strawberry tree)
Arctostaphylos columbiana (manzanita)
Ardisia japonica (Ardisia)
Calycanthus occidentalis (spicebush)
Ceanothus thyrsiflorus (blue blossom)
Cinnamomum camphora (camphor tree)
Clintonia andrewsiana (Andrew's clintonia bead lily)
Corylus cornuta (California hazelnut)
Drimys winteri (Winter's bark)
Dryopteris arguta (California wood fern)
Euonymus kiautschovicus (spreading euonymus)
Fraxinus latifolia (Oregon ash)
Gaultheria shallon (salal, Oregon wintergreen)
Hamamelis x intermedia [(H. mollis andH. japonica) (hybrid
witch-hazel)]
Hamamelis mollis (Chinese witch-hazel)
Kalmia augustifolia (sheep laurel)
Laurus nobilis (bay laurel)
Leucothoe axillaries (fetter-bush, dog hobble)
Leucothoe fontanesiana (drooping leucothoe)
Magnolia grandiflora (Southern magnolia)
Magnolia stellata (star magnolia)
Magnolia x loebneri (Loebner magnolia)
Magnolia x soulangeana (saucer magnolia)
Michelia doltsopa (Michelia)
Michelia maudiae (Michelia)
Michelia wilsonii (Michelia)
Nerium oleander (oleander)
Nothofagus obliqua (Roble beech)
Osmorhiza berteroi (sweet Cicely)
Osmanthus decorus [(=Phillyrea decora; =P. vilmoriniana)
(Osmanthus)]
Osmanthus fragrans (sweet olive)
Osmanthus heterophyllus (holly olive)
Pittosporum undulatum (Victorian box)
Prunus lusitanica (Portuguese laurel cherry)
Pyracantha koidzumii (Formosa firethorn)
Quercus acuta (Japanese evergreen oak)
Quercus petraea (Sessile oak)
Quercus rubra (Northern red oak)
Rosa "Meidiland" (a hybrid rose)
Rosa rugosa (rugosa rose)
Rubus spectabilis (salmonberry)
Taxus brevifolia (Pacific yew)
Taxus x media (Yew)
Torreya californica (California nutmeg)
Toxicodendron diversilobum (poison oak)
Vancouveria planipetala (Redwood ivy)
(12) Unprocessed wood and wood products (except when completely free of bark) and plant products of the plants in paragraph (c)(1), including but not limited to bark chips, mulch, firewood, and dried or preserved wreaths;
(13) Any other product, article or means of conveyance when it is determined by the secretary, based upon generally accepted scientific principles, that it presents a risk of spreading the pest because it is a host or potential carrier of the pest.
(d) Restrictions.
(1) Articles and commodities covered in subsection (c) are prohibited movement from the regulated area except as provided in paragraph (A), (B) or (C) below:
(A) If accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been:
1. produced and maintained in an area which has been surveyed by an authorized agricultural official in a manner approved, based upon generally accepted scientific principles, by the secretary to detect the pest and the area has been found to be free of the pest; or,
2. grown, produced, manufactured, stored, or handled in a manner approved by the secretary, based upon generally accepted scientific principles, to prevent infestation by the pest; or,
3. tested in a manner approved, based upon generally accepted scientific principles, by the secretary to detect the pest and found to be free of the pest.
(B) If the article or commodity does not meet the conditions in paragraph (d)(1)(A), it may nevertheless be moved if a permit is issued by an authorized agricultural official specifying the required containment conditions necessary to prevent potential spread of the pest; the article or commodity covered; the destination; and the handling, utilization, or processing which is authorized by the official and the conditions under which this shall be conducted. If the issuance of a permit is denied, an appeal may be filed with the department as provided in subsection (e).
(C) If the article or commodity is being moved from outside the regulated area and is being moved through the regulated area by direct route and without delay.
(2) At the retail level, articles and commodities covered are prohibited movement from the regulated area except when the person in possession has proof of purchase showing the commodity was purchased from a seller who is in compliance with paragraph (d)(1)(A).
(e) Appeal/Hearing Procedures.
(1) An appeal pursuant to paragraph (d)(1)(B) may be filed with the department within seven (7) calendar days of the date of denial of the permit. A hearing shall be conducted within 48 hours of an appeal that is timely filed. An appeal that is not timely filed shall be denied and no hearing shall be conducted in connection therewith.
(2) Hearings shall be conducted pursuant to Chapter 4.5 (commencing with section 11400) of Division 3 of Title 2 of the Government Code and these regulations.
(3) Hearings shall be presided over and conducted by a hearing officer designated by the secretary.
(4) Hearings may be conducted by telephone, at the discretion of the secretary.
(5) The decision of the hearing officer shall be in writing. The decision shall be in minute order form, containing only a brief statement of the conclusion and findings to support the conclusion. It may be handwritten.
(6) The decision shall be issued within 24 hours after the conclusion of the hearing and may be issued orally at the conclusion of the hearing subject to written confirmation.
(7) The written decision shall be served on the appellant or designated representative either by personal service or, if available, by facsimile transmission.
(8) The hearing officer's decision shall be final and not appealable to the secretary or any other officer of the Department.
(9) The appellant may seek judicial review of the hearing officer's decision by filing a petition for a writ of administrative mandamus in the appropriate court pursuant to Code of Civil Procedure section 1084et seq.
(10) Hearings shall be recorded by audiotape.
Note: Authority cited: Sections 407, 5321 and 5322, Food and Agricultural Code. Reference: Sections 24.5, 5321 and 5322, Food and Agricultural Code; Sections 11425.50 and 11440.10, Government Code; and Section 1084 et seq., Code of Civil Procedure.
<<(Chapter Originally Printed 7-25-45)>>
s 3800. Definitions.
The following definitions, in addition to those stated in Sections 25-50 and 5001-5008 of the Food and Agricultural Code, apply to this Subchapter 1.
(a) "Applicant" means any person who applies for and/or is approved to participate in the nonapproved cotton variety research program.
(b) "Approved Cotton" means any cotton which has been tested and approved by the San Joaquin Valley Cotton Board for release and is planted within the San Joaquin Valley Quality Cotton District.
(c) "Board" means the San Joaquin Valley Cotton Board.
(d) "Board Testing" means tests conducted or commissioned by the Board for production and quality evaluation of nonapproved cotton varieties.
(e) "California Naturally Colored Cotton" means nonapproved naturally colored cotton that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803. It means any variety of the genus Gossypium that does not naturally produce white fiber as established in Title 7, Code of Federal Regulations, Sections 28.401 through 28.407 (Official Cotton Standards of the United States for the Color Grade of American Upland Cotton), as amended August 5, 1992, or in Title 7, Code of Federal Regulations, Sections 28.501 through 28.507 (Official Cotton Standards of the United States for the Grade of American Pima Cotton), as amended June 18, 1985. These two documents are incorporated by reference.
(f) "California Pima Cotton" means nonapproved white cotton of the species Gossypium barbadense that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803.
(g) "California Upland Cotton" means nonapproved white cotton of the species Gossypium hirsutum that is planted for commercial production or is under Article 3, Article 4, or seed increase as specified in Section 3803.
(h) "Cooperator" shall mean any of the following:
(1) "Cooperating Ginner" means any person who owns or operates a cotton gin and who participates by ginning nonapproved cotton.
(2) "Cooperating Grower" means any person who provides the husbandry in the production of nonapproved cotton.
(3) "Cooperating Delinter" means any person who, for hire, participates by delinting nonapproved cottonseed.
(4) "Cooperating Marketer" means any person who, by September 1 of the current year, has registered with the Board expressing the intent to market nonapproved cotton.
(i) "District" means the San Joaquin Valley Quality Cotton District.
(j) "Entry" means any nonapproved variety which has been accepted into Board Testing.
(k) "Nonapproved Cotton" means:
(1) Any cotton that has not been approved by the San Joaquin Valley Cotton Board for release and planting within the San Joaquin Valley Quality Cotton District;
(2) Any cotton grown outside the District.
(l ) "Person" also means individual, firm, corporation, company, organization, cooperative association, partnership, trust association, association, or any other legal entity.
(m) "SJV Experimental Cotton" means nonapproved cotton grown in Board Testing.
(n) "Seed Certifying Agency" is an agency approved to certify seed as defined under the Federal Seed Act regulations (Title 7, Code of Federal Regulations, Sections 201.67 through 201.78).
(o) "White cotton" means any variety of the genus Gossypium that produces white fiber as established in Title 7, Code of Federal Regulations, Sections 28.401 through 28.407 (Official Cotton Standards of the United States for the Color Grade of American Upland Cotton), as amended August 5, 1992, or in Title 7, Code of Federal Regulations, Sections 28.501 through 28.507 (Official Cotton Standards of the United States for the Grade of American Pima Cotton), as amended June 18, 1985. These two documents are incorporated by reference.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3800.1. Acala and Pima Quality Standards.
The varieties that embody the District Acala and Pima quality standard as defined in Section 52891(a) of the Food and Agricultural Code are, respectively, Acala Maxxa and Pima S-7.
Note: Authority cited: Sections 407, 52891 and 52901, Food and Agricultural Code. Reference: Sections 52891 and 52936, Food and Agricultural Code.
s 3800.2. Referendum.
Pursuant to Section 52936 of the Food and Agricultural Code, the Board may hold a referendum vote whenever the Board proposes that a variety other than Acala Maxxa or Pima S-7 embodies the Acala or Pima quality standard, but is not so required.
Note: Authority cited: Sections 407, 52891, 52901 and 52936, Food and Agricultural Code. Reference: Sections 52891 and 52936, Food and Agricultural Code.
s 3801. Responsibilities.
(a) These regulations apply to applicants, cooperating growers, delinters, and ginners. They shall be enforced by the director.
(b) Applicants shall inform cooperating growers, delinters, and ginners of the cooperators' responsibilities under these regulations when handling nonapproved cottonseed and lint from such seed.
(c) Applicants shall enter into agreements with their cooperators which provide that the applicant maintains title to all nonapproved seed cotton produced.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3802. Performance Testing of Nonapproved Cottons Developed Outside the San Joaquin Valley Quality Cotton District.
A person desiring to evaluate a nonapproved cotton variety or strain that was not developed or evaluated in a breeding and testing program within the District, as provided under Sections 3810 and 3811, shall submit a request to the Board for performance testing pursuant to Section 52902 of the Food and Agricultural Code.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3803. Exemption.
(a) Acreage limitations imposed by these district regulations do not apply as restrictions to the Board or the director.
(b) The director may waive the limitations of Sections 3815(a) and 3816(a) upon finding of need or upon recommendation of the Board.
(c) The director, upon recommendation of the Board, may allow an applicant additional limited acreage for seed increase.
Note: Authority cited: Sections 407 and 52901, Food and Agricultural Code. Reference: Section 52901, Food and Agricultural Code.
s 3804. Seed Distribution.
By June 1 of each year, seed companies, delinters, gins, and other entities distributing seed of California Upland and California Pima cotton directly to growers in the District shall notify the department of the names, addresses, and telephone numbers of each entity to which they have distributed seed, and the volume of each variety distributed to such entity.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3805. Planting, Field Isolation, and Harvest Notification.
(a) Only seed that has been certified by a seed certifying agency shall be planted in the District, except acreage planted under Article 3, Article 4, or under Section 3803.
(b) "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used to determine isolation of acreage planted with California Upland and California Pima cotton from acreage planted with cotton grown to produce all classes of certified seed. This document is incorporated by reference. In the absence of seed certifying agency standards for genetically engineered cotton, this cotton shall be isolated from cotton being grown to produce foundation or registered seed by 1/2 mile plus an additional 20 buffer rows of cotton; and from other cotton being grown to produce certified seed by 1/8 mile plus 20 buffer rows of cotton.
(c) Within 72 hours after planting and 48 hours prior to harvest each grower of California Upland or California Pima cotton shall provide to the department:
(1) The name of the grower,
(2) The farming entity,
(3) Telephone number,
(4) Address,
(5) Cotton gin to be used,
(6) California Upland and California Pima cotton varieties planted,
(7) Exact field locations involved, including Township, Range and Section.
(d) At harvest, growers shall complete information tags furnished by the department.
(1) Prior to movement, these tags shall be attached to all modules and trailers of seed cotton of California Upland and California Pima cotton varieties.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3806. Ginning.
Ginning of California Upland and California Pima cotton shall be regulated by Sections 3823 and 3824.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3807. Delinting of Cottonseed for Planting.
Delinting of California Upland and California Pima cottonseed shall be regulated by Section 3826. "Cotton Seed Certification Standards in California," as amended February 11, 1999, shall be used. This document is incorporated by reference.
Note: Authority cited: Sections 407, 52901 and 52981, Food and Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code.
s 3808. Marketing.
The marketer shall maintain the identity of California Upland and California Pima cotton. Records shall be made available by the marketer to the department, upon request, to indicate bale numbers of such cotton sold. Records shall be maintained for one year after the end of each cotton production season and the initial delivery of the cotton bales produced during that season.
Note: Authority cited: Sections 407, 52901 and 52981, Foodand Agricultural Code. Reference: Sections 52901 and 52981, Food and Agricultural Code. (continued)