Loading (50 kb)...'
(continued)
(3) Application for the registry or re-registry of plants being grown under the provisions of this article.
(4) Maintaining the identity of all plants entered in this program.
(5) Farming and sanitation practices.
(6) Notifying the Department of the date and material of all pest control treatments applied in the plantings for which inspections must be made.
(7) Notifying the Department at least one week in advance of the harvesting as to when it will commence.
(8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number.
(c) Location of Plantings: Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means.
A nursery increase block and certified block shall be located not less than 50 feet distant from any established citrus tree. Each nursery increase block and certified block shall be a separate planting sufficiently apart from any other planting to maintain its identity.
Selected seed or scion trees for registration may be selected from any location with the approval of the Department.
(d) Maintenance of Plants: All plants entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming and nursery practices to guard against spread of pests to plants entered in this program.
To assure that inspections may be made properly and to provide close working knowledge of field operations, the applicant shall notify the Department in advance of any planting, propagating or pruning operation or removal of nursery stock or trees in any planting entered in this program.
All pruning shears, saws or other implements shall be disinfected in an approved manner prior to any fruit picking or cutting of any selected or registered tree, or any clonal selection within an increase block or certified block.
Any plant found to be off-type, showing symptoms characteristic of stubborn disease, or infected with a virus, may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree.
Labeling of each selected or registered tree and of nursery stock growing in plantings entered in the program to identify it as to rootstock and as to its scion source shall be done in an approved manner.
(e) Eligibility and Planting Requirements:
(1) Rootstock Propagation: The rootstock of any plant entered in the program may be grown from registered seed or it may be vegetatively propagated providing the propagating wood meets the same requirements as the scion to be used for the plant.
(2) Foundation Block: A selected tree may be planted in a foundation block when propagated with a scion from a registered tree in a foundation block or when propagated from a greenhouse -or screenhouse -grown scion that has passed the short-term inspection and testing procedures required in Section 3003 and has completed or is under the cachexia-xyloporosis index. The tree may be registered when inspection and testing procedures prescribed in Section 3003 have been completed with satisfactory results and when the tree has produced sufficient fruit to give acceptable evidence that it is not off-type. A selected tree found to be ineligible for registration shall be removed from a foundation block.
(3) Selected Trees: Any individual orchard, yard, or container seed or scion tree may be selected for inspection and indexing for registration under the terms of this article.
(4) Nursery Increase Block: Scions used to propagate the nursery stock in a nursery increase block shall be from registered trees. Within 18 months of propagation, scions may be taken from the block for use in growing certified nursery stock. Trees in a nursery increase block also may be certified.
(5) Certified Block: Scions used to propagate the nursery stock in a certified block for certification shall be from registered trees or from a nursery increase block.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3003. Inspection and Testing Procedures.
Inspection and indexing procedures prescribed in this article may be made by the University of California, the United States Department of Agriculture, or the Department and shall be conducted in an approved manner at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve indexing on a fewer number of indicator plants, or may approve other procedures for testing for virus infection if determined equally suitable.
Additional inspections or indexing other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible, or when virus infection is suspected, or when virus symptoms may be masked in a particular variety.
The Department shall assign an identification numbered tag to a selected seed or scion tree pending registration.
(a) Trees in a Foundation Block: The scion parent of any tree planted in a foundation block shall have been indexed for and not found to be infected with the specific viruses listed by using the specific indicator plants listed in the following table:
Indicator Plant Disease
Citrus excelsa............... Tatter leaf & Tristeza
Dweet tangor................. psorosis, concave gum
Etrog citron................. Exocortis
Mexican lime................. Tristeza, vein enation
seedling yellows, yellowvein
Sour orange.................. seedling yellows
Sweet orange................. psorosis, concave gum
Rusk citrange................ citrange stunt
Parson's special mandarin.... cachexia-xyloporosis
Only the tristeza and exocortis indexes shall be required if the scion parent of the selected tree is a registered tree in a foundation block. Trees to be planted in a foundation block must be grown in an approved glasshouse or screenhouse.
Following planting in a foundation block, a tree shall be indexed for tristeza, vein enation, psorosis and exocortis viruses within the 12-month period before registration. In subsequent years after registration, tristeza indexing shall be repeated within one year prior to budwood collection from a registered tree. Each registered tree shall be reindexed for exocortis virus every third year and for psorosis virus every sixth year. Each foundation block tree shall receive one or more visual inspections each year. The fruit of bearing trees, except lemons, shall also be inspected each year after color break.
(b) Testing for virus or viroid infection of scion trees other than those in a foundation block planting shall be by use of specific methods or indicator plants for specific virus or virus-like diseases as stated below and in the following table:
Indicator Plant Disease
Mexican lime.... Tristeza
Sweet orange.... Psorosis, concave gum
Etrog citron.... Exocortis
For the production of increase and certified block plantings propagated from registered trees, indexing for tristeza virus is required each year in which approval for cutting budwood is requested; indexing for psorosis and exocortis is required every third year.
Each tree shall be given one visual inspection each year in which testing is requested.
(c) A selected seed tree and trees adjacent to it shall be given at least one visual inspection by the Department prior to registration. The selected seed tree shall be index-tested for the psorosis disease using the sweet orange indicator plant or other means of detection approved by the director. Information regarding such other means may be obtained from the Department's Pest Exclusion Unit.
(d) Order of Indexing: Indexing shall be made in the order in which applications are received and as indicator host plants are available.
(e) Registration Period: Registration for a scion tree is for a three-year period and six years for a seed source tree.
Registration may be continuous provided application for inspection and testing is filed with the Department prior to the expiration date of registration.
(f) Nursery Increase Block, Certified Block: One visual inspection shall be made each year of plants in a certified block. In a nursery increase block the inspection shall be made before buds are cut.
(g) Refusal or Cancellation of Registration or Certification: Registration or certification may be refused or canceled for any plants in part or all of a planting if:
(1) The requirements of this article have not been met.
(2) A selected or registered plant is found to be off-type.
(3) A tree is found to be within the range of possible root graft of another tree found to be virus-infected.
(4) The pest cleanliness requirements for nursery stock, Section 3060.2 of the nursery inspection regulations, have not been met.
(5) For any reason the identity of a plant becomes uncertain or has not been properly maintained.
(6) A registration number is misused or misrepresented.
(7) An accumulated percentage of more than one-half percent of the trees of the same variety on the same kind of rootstock are found virus-infected in a nursery increase block or more than two percent virus-infected or stubborn affected trees in a certified block. Either visual inspections or the results of indexing or both may be used as a basis for calculating the number of trees that may be infected.
(8) A tree is found to be in a high risk area for tristeza.
(9) A tree is found, by current procedures, to be infected with any of the virus or virus-like diseases listed in subsections (a) or (b).
(10) At the discretion of the Department, a seed tree determined to be or likely to be virus-infected with a virus other than psorosis may be reistered when it is growing in an area where such virus is known to be prevalent and is not being subjected to eradication or control by the Department.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3004. Application and Fees.
(a) Application. The applicant shall furnish information requested and shall give consent to the Department to take plant materials from any planting for reinspection or indexing purposes. An application shall be submitted for the acceptance of any plant or planting and for subsequent inspections, approvals, registration or certification, and may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location, and to supervise any treatment that may be required.
(b) Fees. Fees established in this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, indexing, approval, registration and certification procedures herein provided and are not to obtain any right or privilege.
Fees shall not be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees providing there shall be no expense to the Department other than for observation of the inspection and indexing required in this article and for the keeping of records. When the procedures are conducted by the University of California or by the United States Department of Agriculture, they shall not be less than provided in this article and the Department shall be notified each year of the trees to be entered or continued in the program.
(1) Fees. The Department shall establish a schedule of fees for services provided in this article. The fee shall be based upon the approximate cost of the services rendered.
(2) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
Note: Authority cited: Sections 407, 5821-5823, Food and Agricultural Code.
s 3010. Disclaimer of Warranties and Financial Responsibility.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3010.1. Definitions.
Note: Authority cited: Sections 407, and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3010.2. General Provisions.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3010.3. Inspection and Testing Procedures.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3010.4. Application and Fees.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3012. Disclaimer of Warranties and Financial Responsibility.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.1. Definitions.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.2. General Provisions.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.3. Testing and Inspection Procedures.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.4. Refusal or Cancellation.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.5. Stock Identification.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3012.6. Application and Fees.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3015. Disclaimer of Warranties and Financial Responsibility.
The provisions of Section 3069 shall apply to this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3015.1. Definitions.
(a) "Virus-infected" means infected by a virus or having symptoms or behavior characteristic of a virus disease listed in this article.
(b) "Index" means testing a plant for specific virus infection using specific indicator plants listed in Sections 3015.3 and 3015.4.
(c) "Off-type" means different from the variety or selection listed on the application for registration or certification.
(d) "Registered" means that a registration number has been assigned by the Department to a tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material for certified nursery stock.
(e) "Foundation block" means a planting of trees, maintained by the University of California, which are to serve as a primary source of propagating material.
(f) "Mother block" means a planting of trees to be registered and maintained by an applicant as a source for growing certified nursery stock.
(g) "Nursery increase block" means a planting of nursery stock which may be used as a propagating source to produce registered stock for the growing of certified nursery stock, or which may be used for growing trees which may be planted in a scion orchard.
(h) "Scion orchard" means an orchard planting of trees which may be registered to serve as a source of registered scion wood for the growing of certified nursery stock.
(i) "Certified block" means a planting of nursery stock for the production of certified nursery stock.
(j) "Foundation stock" means propagative material from the foundation block.
(k) "Registered stock" means propagating material produced in a mother block, in a nursery increase block, from registered trees in a scion orchard, and/or seed or liners grown from seed from registered seed source trees.
( l "Certified nursery stock" means yearling or younger trees propagated from registered stock and certified in accordance with the provisions of this article.
(m) "Virus-tested" means tested for virus or other graft-transmissible disease listed in and using procedures outlined in this article.
(n) "Seed source tree" means a tree which may be tested and registered to produce registered seed.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821-5822, Food and Agricultural Code.
s 3015.2. Requirements for Participants' Plantings and Stock.
(a) Generally. Participation in this program is voluntary and may be withdrawn at the option of the applicant.
Registration, certification, approvals and supervision shall be conducted by the Department. Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting which are found not to exceed the percentages stated in Section 3015.3(c)(6).
(b) Responsibility of Applicant. The applicant shall be responsible for:
(1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article.
(2) Maintaining the identity of all plants entered in the program.
(3) Application for registry or re-registry of plants being grown under the provisions of this article.
(4) Selection of the trees for index-testing for the Prunes ring-spot virus and prune dwarf virus.
(5) Farming and sanitation practices.
(6) Notifying the Department at least one week in advance of the harvesting as to when harvesting will commence.
(7) Placing the information required on each certification tag furnished by the Department.
(c) Location of Plantings.
(1) Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means.
(2) A mother block shall be located not less than 300 feet from any other plant of the same genus not entered in this program and not less than 1/2 mile from any commercial planting of the same genus and the ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. Trees in a mother block shall be planted in rows which are at least 10 feet apart, and trees in each row shall be at least five feet apart.
(3) A scion orchard, a nursery increase block or a certified block shall be a separate planting sufficiently apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial orchard planting of peach and nectarine.
(4) No restrictions are placed on the location for a registered seed source tree.
(d) Maintenance of Plantings.
(1) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program.
(2) To assure that inspections may be made properly and to provide close working knowledge of field operations, the applicant shall notify the Department in advance of any planting, propagating or pruning operation or removal of nursery stock or trees in any planting entered in this program so that approval can be granted before the work is done.
(3) Any plant found to be off-type or virus infected may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree.
(4) Identification of each registered tree and of nursery stock growing in plantings entered in the program to identify it as to rootstock and scion sources shall be done in an approved manner.
(e) Eligibility and Planting Requirements. Any variety of deciduous fruit and nut tree when approved by the Department is eligible for entry in this program as provided in this article.
(1) Eligibility of Stock. To be acceptable for registration or certification or to be eligible for any planting entered in this program, a plant shall have been inspected and tested, and not found to be virus-infected or off-type, as provided in Sections 3015.3 and 3015.4, or the plant shall have an equivalent known history which has been approved. In addition:
(A) Registered stock scion wood shall be taken from a nursery increase block within four years from the time the scions were initially placed in the nursery increase block.
(B) For planting and registration of a tree in a scion orchard, the Department shall be notified at the time of planting of the applicant's intention to seek registration and application for registration shall be filed within six years of the time of the original planting of the scion orchard. Verification of trueness of the fruit shall be the responsibility of the applicant. Prior to registration of a tree in a scion orchard it shall be tested by indexing in a Shirofugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and shall be given a visual inspection. Information regarding such other methods may be obtained from the Department's Pest Exclusion Unit.
(2) Plants eligible for planting shall be as follows:
(A) In a Mother Block -Foundation stock. Only mahaleb rootstock shall be used for cherries.
(B) In a Nursery Increase Block -Foundation stock or registered stock scions directly from a registered mother block tree.
(C) In a Certified Block -Foundation stock or registered stock.
(D) In a Scion Orchard -Foundation stock produced in a nursery increase block.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3015.3. Inspection and Testing Procedures for Prunus Species.
(a) Generally. Inspection and testing procedures prescribed in this article for an applicant's plantings will be made by the Department and shall be conducted at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve other procedures for testing for virus infection if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible, or when virus infection is suspected, or when virus symptoms may be masked in a particular variety.
(1) At the Department's discretion and under its close supervision, the applicant may provide the Shiro-fugen cherry indicator trees and the labor to collect budwood from selected trees and to perform the budding and related testing tasks. However, the Department shall make all of the disease readings and determinations.
(b) Qualification of Stock.
(1) Registered Trees -Mother Block. Each registered tree in the mother block shall be tested each year by indexing in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and shall be visually inspected prior to stock distribution.
(2) Registered Trees -Scion Orchard. Registered trees in a scion orchard shall be indexed in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and visually inspected each year in which scion wood is harvested.
(3) Seed Source Trees. A Prunes species tree may be registered as a seed source tree after being tested by indexing in Shiro-fugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and at least one visual inspection.
(4) Nursery Increase Block, Certified Block. At least one visual inspection shall be made each year of plants in a nursery increase block or in a certified block.
(5) Information regarding other methods approved by the director in (1), (2) and (3) may be obtained from the Department's Pest Exclusion Unit.
(c) Refusal, Suspension or Cancellation of Registration or Certification. Registration or certification may be refused, suspended or canceled for any plants in part or all of a planting if:
(1) The requirements of this article have not been met.
(2) The plant is found to be virus-infected or off-type.
(3) A registered tree is found virus-infected and it is determined that plants propagated from it also are liable to be infected.
(4) Yellow leaf roll virus disease of peach is found within 300 feet.
(5) The pest cleanliness requirements for nursery stock in the nursery inspection regulations, Section 3060.2, have not been met.
(6) An accumulated percentage of more than 1/2 percent of the trees of the same variety on the same kind of rootstock are found virus-infected in an increase block or more than 2 percent in a certified block unless all such virus-infected trees are removed under the supervision of the Department. Either visual inspections or the results of indexing or both may be used as a basis for calculating the number of trees that may be infected.
(7) For any reason the identity of a plant becomes uncertain or has not been properly maintained.
(8) A registration number is misused or misrepresented.
(9) Registered stock is not used primarily to produce certified nursery stock.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3015.4. Foundation Stock Requirements.
The University of California is responsible for the selection, propagation, trueness to variety, identification, index-testing and pest cleanliness of all plants in the foundation block.
An inventory of eligible trees in the foundation block shall be provided to the Department annually. A record of foundation stock distributed shall be provided to the Department within 60 days following distribution and shall include the names and addresses of the program participants to whom the stock was distributed.
To be eligible for foundation stock, the plant, including the rootstock if used, shall have been index-tested and found free of specific virus diseases by using the specific indicator plants listed in the following table:
Indicator Plant Disease
Elberta Peach Peach yellows, little peach, peach rosette, rosette
mosaic, phony peach mosaic, x -disease complex,
yellow bud mosaic, wart, peach mottle, prunes stem
pitting and astroid spot.
Bing Cherry Western -x, rusty mottle, mottle leaf, rasp leaf,
twisted leaf, tatter leaf, small bitter cherry, and peach
mottle.
Kwanzan Cherry Green ring mottle.
Shiro -fugen Cherry Prunes ring -spot complex and prune dwarf virus.
Tilton Apricot Ring pox.
Shiro Plum Line Pattern.
The indicator plants shall be observed for two successive growing seasons, except Shiro-fugen cherry which shall be observed for a minimum of 30 days.
Each tree in a foundation block shall be tested for the Prunes ring-spot virus complex and prune dwarf virus by approved detection methods each year.
Other procedures for virus detection approved by the Department may be used if determined to be equally suitable.
The foundation block shall be located at least 300 feet from any other plant of the same genus not entered in the program and at least one-half mile from any commercial planting of the same genus.
Trees in a foundation block shall not be registered until variety identification is confirmed.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3015.5. Application and Fees.
(a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals, registration or certification therein and it may be refused unless made sufficiently in advance of time of planting to permit the department to establish the origin of the stock, to determine the suitability of the location and to supervise any treatment that may be required.
(b) Fees. The Department shall establish a schedule of fees for services provided in this article. Fees are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, approval, registration and certification procedures herein provided and are not to obtain any right or privilege.
(c) Exemption from Fees. No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees provided there is no additional expense to the Department other than for observation of the inspection and testing required in this article and for the keeping of records. When the procedures are conducted by the University of California or by the United States Department of Agriculture, they shall not be less than are provided in this article and the Department shall be notified each year of the trees to be entered or continued in the program.
(d) Refund. Fees paid for services that are not rendered shall be refunded to the applicant.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
Pome fruit trees, for which provisions have been included in this article, may
be registered for the purpose of providing rootstock and scion sources for the
propagation of certified nursery stock when inspected and tested for virus
diseases and other pests by procedures outlined in this article. Registration
and certification are limited to varieties or clones that are considered to be
the best available in the industry from a pest cleanliness standpoint.
s 3020. Disclaimer of Warranties and Financial Responsibility.
The provisions of Section 3069 shall apply to this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3020.1. Definitions.
(a) "Certified block" means a planting of nursery stock for the production of certified nursery stock.
(b) "Certified nursery stock" means yearling or younger trees propagated from registered stock and certified in accordance with the provisions of this article.
(c) "Foundation block" means a planting of trees, maintained by federal or state agencies, which are registered or are to be registered to serve as a primary source of propagating material.
(d) "Foundation stock" means propagative material from the foundation block.
(e) "Index" means testing a plant for virus infection by grafting with tissue from the plant to an indicator plant or by other approved means.
(f) "Mother block" means a planting of trees to be registered and maintained by an applicant as a source for establishing an increase block and as a propagative source for growing certified nursery stock.
(g) "Nuclear stock" means plants which were propagated from indexed sources and which have been regularly re-indexed and protected continuously from virus infection by federal or state agencies.
(h) "Nursery increase block" means a planting of nursery stock, maintained by the applicant, which may be used as a propagating source to produce registered stock for growing of certified nursery stock, or which may be used for growing trees which may be planted in a mother block.
(i) "Off-type" means different from the variety or selection listed on the application for registration or certification.
(j) "Registered" means that a registration number has been assigned by the Department to a tree that has been inspected and tested in accordance with the provisions of this article to serve as a source of propagating material to produce certified nursery stock.
(k) "Registered stock" means propagating material produced in a mother, nursery increase, or from registered rootstock stool blocks.
( l "Registered rootstock stool block" means a planting of vegetatively propagated rootstocks, maintained by the applicant, propagated from foundation stock.
(m) "Virus-infected" means infected by a virus or having symptoms or behavior characteristics of a virus disease.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3020.2. Requirements for Plantings and Stock.
(a) Generally. Participation in this program is voluntary and may be cancelled at the option of the applicant.
Registration, certification, approvals, and supervision shall be conducted by the Department.
Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting.
(b) Responsibility of the Applicant: The applicant shall be responsible for:
(1) The selection of the location and the proper maintenance of the plantings being grown under the provisions of this article.
(2) Maintaining the identity of all plants entered in the program.
(3) Notifying the Department in advance of any planting, propagating, or pruning operation or removal of nursery stock or trees in any planting entered in this program so that approval can be granted before the work is done.
(4) The application for registry or re-registry of the plants being grown under the provisions of this article.
(5) Farming and sanitation practices.
(6) Notifying the Department of the date of and material used for all pest control treatments in the plantings for which inspections must be made.
(7) Notifying the Department at least one week in advance of the harvesting as to when it will commence.
(8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number.
(c) Location of Plantings:
(1) Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means.
(2) A mother block or a planting of nursery stock being grown for planting in a mother block shall be located at least 100 feet from any other plant of the same genus not entered in this program to maintain plant identity and at least 300 feet from any commercial planting of the same genus to minimize disease infection. The ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. Trees in a mother block shall be planted in rows which are at least ten feet apart and trees in each row shall be no less than five feet apart to maintain plant identity.
(3) A nursery increase, certified, seed bed, or a rootstock stool block shall be a separate planting 12 feet apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial planting of the same genera to minimize disease infection.
(d) Maintenance of Plantings:
(1) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program.
(2) Identification of each registered tree, increase, certified, or stool block entered in the program shall be done in an approved manner.
(3) Any plant found to be off-type or virus-infected may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree.
(e) Eligibility and Planting Requirements. Any kind or variety of pome fruit tree, when approved by the Department, is eligible for entry in this program.
(1) Eligibility of Stock. To be acceptable for registration and/or certification or to be eligible for any planting entered in this program, a plant shall have been inspected and tested, and not found to be virus-infected or off-type, as provided in Section 3020.3 or the plant shall have an equivalent known history which has been approved by the Department. In addition:
(A) Mother block trees shall be propagated by using nuclear or foundation stock scions and eligible rootstocks.
(B) Increase block trees shall be propagated by using nuclear, foundation, or mother stock scion and eligible rootstocks. The rootstock may be seedlings.
(C) Certified block trees shall be propagated by using nuclear foundation, mother, or increase scion wood. The rootstock may be seedlings or stock produced in a registered stool block.
(D) Registered rootstock stool blocks shall be propagated by using either nuclear or foundation rootstocks.
(2) Planting Requirements. Plants eligible for planting and requirements for plantings shall be as follows:
(A) Mother Block. Application for the registration of trees in a mother block shall be filed prior to the planting of the tree in an approved location. Trees in a mother block may be required to be index-tested ten years after planting in the block.
(B) Increase Block. To be eligible as registered stock, scion wood shall be taken from a nursery increase block within five years from the time the scions were initially placed in the nursery increase block.
(C) Certified Block. Any seed source to produce seedling understock may be used as well as understock from a registered stool block.
(D) Registered Rootstock Stool Block. Fumigation of the stool block location is required. The fumigant dosages shall be those prescribed in Schedule "A" of the "Approved Treatments," Item #12 in the Department's Nursery Inspection Procedure Manual. Registration of the block will be for a 10-year period.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3020.3. Inspection and Testing Procedures for Pome Fruit Trees.
(a) Generally. Inspection and testing procedures prescribed in this article may be made by the University of California, the United States Department of Agriculture, other state agencies with comparable indexing programs, or the Department, and shall be conducted in an approved manner at times determined as suitable by the Department. In the indexing procedures required in this section, the Department may approve the substitution of other indicator plants, if equally suitable, or may approve indexing on a fewer number of indicator plants if the plant being tested is itself a good indicator for a particular disease, or may approve other procedures for testing for virus infection if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if seasonal conditions or other factors tend to obscure virus symptoms or make adequate inspection impossible or when virus infection is suspected, or when virus symptoms may be masked in a particular variety.
(b) Qualification of Stock.
(1) Registered Trees in a Mother Block. Each registered tree may be given a visual inspection annually. Index testing may be required for registered trees in a mother block ten years from the planting date of the trees or sooner if virus infection is suspected.
(2) Nursery Increase Block, Certified Block, Registered Rootstock Stool Block. At least one visual inspection shall be made each year of plants in a nursery increase block, a certified block, and a registered rootstock stool block. A registered rootstock stool block is required to be root sampled for the detection of harmful nematodes each year after the second growing season of the block.
(3) Other Qualified Stock. Pome fruit propagative stock from other state agencies, USDA, and other countries, which were produced under a program with the same requirements as provided in this regulation, will be accepted into this program.
(c) Refusal, Suspension, or Cancellation of Registration or Certification. Registration or certification may be refused, suspended, or cancelled for any plants in part or all of a planting for any of the following reasons:
(1) The requirements of this article have not been met;
(2) The plant is found to be virus-infected or off-type;
(3) A registered tree is found virus-infected and it is determined that plants propagated from it also are liable to be infected;
(4) The pest cleanliness requirements for nursery stock in Section 3060.2 of the nursery inspection regulations have not been met;
(5) For any reason the identity of a plant becomes uncertain or has not been properly maintained; or
(6) A registration number is misused or misrepresented.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3020.4. Foundation Stock Requirements.
The University of California or other government agencies supplying foundation or nuclear stock are responsible for the selection, propagation, trueness to variety, identification, index-testing and pest cleanliness of the plants.
An inventory of eligible trees in the foundation or nuclear blocks shall be provided to the Department annually. A record of stock distributed shall be provided to the Department within 60 days of the distribution and shall include the names and addresses of the persons to whom the stock was distributed.
To be eligible for foundation or nuclear stock, the plant, including the rootstock if used, shall have been index-tested for and found free of virus infection using the following indicator plants: Virginia crabapple; Spy 27, Russian seedling R12740-7A, Golden Delicious, Lord Lambourne, Gravenstein, and Sparten apples; Quince C7/1; Pyrus veichii; and Hardy, Bartlett, and Bosc pears. A procedure determined equally suitable to detect virus infection may be used instead of index-testing provided the procedure has been approved by the Department.
The following are the location and planting requirements for foundation stock:
The foundation block planting shall be located at least 300 feet from any commercial planting of the same genus to minimize disease infection. The ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation.
The foundation block planting shall be located in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or other means.
Trees in a foundation block shall be planted in rows which are at least ten feet apart and trees in each row shall be at least five feet apart to maintain plant identity.
Each tree planted in a foundation block shall be labeled as to variety and source.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3020.5. Application and Fees.
(a) Application. The applicant shall furnish any information requested and shall give consent to the Department to take plants from any planting for inspection or testing purposes. An application shall be submitted for the acceptance of any planting and for subsequent inspections, approvals, registration or certification therein and it may be refused unless made sufficiently in advance of time of planting to permit the Department to establish the origin of the stock, to determine the suitability of the location, and to supervise any treatment that may be required.
(b) Fees.
(1) The Department shall establish a schedule of fees for the services provided in this article.
(2) Fees shall be paid in advance of the work done. Fees paid by participants are for the sole purpose of defraying expenses incurred in the inspection, approval, registration, and certification services provided and are not to obtain any right or privilege.
(c) Exemption from Fees. No fees shall be charged the University of California or the United States Department of Agriculture for registration or for the inspection and testing of trees provided there is no additional expense to the Department other than for observation of the inspection and testing required in this Article and for record keeping.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3024. Disclaimer of Warranties and Financial Responsibility.
The provisions of Section 3069 shall apply to this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3024.1. Definitions.
(a) "Virus-infected" means infected by a graft-transmissible disease listed in Section 3024.3(a).
(b) "Index-tested" means tested for specific graft-transmissible diseases using indicator plants as specified in Section 3024.3(a).
(c) "Off-type" means different from the variety which is registered in the foundation block.
(d) "Registered" means that a grapevine in a foundation block or in an increase block has qualified as a propagative source by meeting the inspection and testing required in this article.
(e) "Foundation block" means a planting of grapevines propagated from indexed sources and maintained by the University of California in which each vine has been registered to serve as a source of foundation stock.
(f) "Increase block" means a planting of grapevines, established with stock from a foundation block, which serves as a propagation source for the production of California Certified Grape Nursery Stock.
(g) "Foundation stock" means plants which have been produced in a foundation block.
(h) "Registered stock" means plants which have been produced in an increase block.
(i) "Progeny vine" means a vine propagated from a rootstock and/or a top-stock source that is indexed and is intended for planting in a foundation block.
(j) "California Certified Grape Nursery Stock" means vines, rootings, cuttings, grafts or buds taken or propagated from foundation or registered stock and certified in accordance with the provisions of this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3024.2. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the applicant. With the exception of the foundation block, registration, certification, approvals, and supervision shall be conducted by the Department.
Indexing tests and inspections performed by the University of California on original source vines followed by visual inspections of vines from each subsequent planting in the participant's approved planting sites form the basis for certification by the Department.
(a) Responsibility of the University of California. The University of California shall be responsible for the selection of source vines, index-testing, trueness to varietal identity, and disease status of the foundation stock.
The University shall notify all current participants in the registration and certification program when foundation stock which participants are using is found to be disease infected.
(b) Responsibility of Applicant. The applicant shall be responsible for:
(1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article.
(2) Maintaining the identity of all nursery stock entered in the program.
(3) Submitting the application for certification.
(4) Farming and sanitation practices.
(5) Notifying the Department at least one week in advance of the harvesting as to when it will commence.
(6) Placing the information required on each certification tag furnished by the Department.
(7) Maintaining records, on an inventory sheet provided by the Department, of the certification tags used and the stock produced and sold.
(c) Location of Plantings. Each planting shall be located in an area where contamination by soil-borne virus diseases of grapes from drainage, flooding, irrigation or other means is not likely to occur.
Each planting shall be located at least 100 feet from any land on which grapevines have grown within the past ten years, and shall be in a location approved by the Department. The 100-foot distance may be waived provided stock planted within the 100-foot area is foundation, registered, or certified stock.
Treatment to eliminate soil-borne pests in a manner approved by and under supervision of the Department may be required. (continued)