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(continued)
(d) Maintenance of Plantings. Any planting entered in this program shall be kept in a thrifty growing condition, and pests shall be kept under intensive control. 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.
The Department shall be notified in advance of the planting, replanting, grafting, budding, rebudding, pruning, removal of nursery stock, or removal of vines in any planting entered in this program in order that necessary inspections may be made or approval granted before the work is done.
Any plant found to be off-type shall be removed from any planting.
Nursery stock, including cuttings, produced under the provisions of this article shall be stored, heeled-in, or calloused in media, beds, or storage areas approved by the Department. The Department may require such treatment as may be necessary to protect against infection or infestation with pests.
(e) Eligibility for Planting.
(1) In a Foundation Block. To be acceptable for planting in a foundation block, a plant shall be foundation stock, or its rootstock and top-stock sources and the plant itself shall have been inspected and tested and not found to be virus-infected or off-type, as provided in Sections 3024.3(a) and (f). The index readings shall have been completed within 24 months, or the plant shall have an equivalent known history approved by the Department.
The plant shall have been protected from possible virus infection in an approved manner from the time it was originally propagated until it is planted in a foundation block.
(2) In an Increase Block. Foundation stock shall be acceptable for planting in an increase block. When approved by the Department, propagating wood from a field planted permanent increase block may be planted in the same increase block to increase its size or as replacements.
(3) In a Nursery Planting. Foundation or registered stock shall be acceptable for planting or propagation in a nursery planting for certification. Vines in a field nursery planting for certification which are 12 months old or less from time of propagation may be used as a supplemental source of cuttings for production of additional certified stock after inspection and approval by the Department.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3024.3. Inspection and Testing Procedures.
Inspection and testing 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 a manner and at times determined by the Department as suitable.
(a) Testing Progeny Vines.
(1) The rootstock and top-stock sources of a progeny vine for which registration is planned and registered foundation vines for retesting shall be index-tested by using the specific indicator plants for the diseases as stated in the following table:
Indicator Plant Disease
St. George grapevine Fan leaf degeneration,
fleck, asteroid mosaic,
and corky bark
Cabernet franc, LN-33, or
Mission grapevine Leafroll
LN-33 grapevine Corky bark and leafroll
Chenopodium sp. Grape decline
(yellow vein) and/or
fanleaf degeneration
(2) Propagating wood to produce the progeny vines for a foundation block shall be taken from the parent rootstock and top-stock sources in the same growing season that tissue is taken from the parent sources for indexing. The progeny vines shall be visually inspected at least twice each growing season prior to planting in a foundation block.
(b) Inspection.
(1) In a Foundation Block. At least two visual inspections of each vine shall be made by University personnel each growing season.
(2) In an Increase Block. At least one visual inspection shall be made each year prior to the removal of fruit, if any, from the vines.
(3) In a Nursery Planting. At least one visual inspection shall be made of grapevines in the nursery row. In addition, nursery stock shall be inspected at the time of digging.
To be eligible for certification or for approval as registered stock, nursery stock shall not remain in the nursery row more than two growing seasons.
(4) Additional inspections or tests may be required if seasonal conditions or other factors tend to obscure disease symptoms or make adequate inspection impossible, or when virus infection is suspected or disease symptoms may be masked in a particular variety. When index-testing is required, the indicator plants in subsection (a)(1) shall be used to test for the diseases indicated therein.
(c) Registration or certification of grapevines entered in this program is based on index-testing to detect specific diseases as stated in subsection (a)(1).
In the event a graft-transmissible disease is detected in the registered foundation vines by index-testing, registration shall be suspended on all vines, including foundation, registered increase blocks and certified plantings. In addition, the participant shall notify in writing all recipients of the nursery stock from suspended vines that a graft-transmissible disease has been detected and reported by the University of California. The registration or certification of the nursery stock of the suspended vines will be reinstated upon receipt of an agreement by each grower and/or seller that all invoices, sales slips, and certification tags will clearly specify the virus disease present. This agreement shall be filed with the Department prior to the re-registration or certification of nursery stock produced from suspended vines. Records shall be kept by the seller and/or grower of all sales transactions of nursery stock produced from suspended vines and a copy of the records shall be submitted to the Department.
Certification of infected stock propagated from suspended vines shall be limited to propagation units already processed to produce nursery stock.
(d) Refusal of Approval or Cancellation of Registration or Certification. Registration or certification may be refused or cancelled for any plants or planting if:
(1) The requirements of this article have not been met;
(2) Any vine in the planting is found virus-infected with a soil-borne virus;
(3) The plant is off-type;
(4) Any vine in the planting is found infected with any of the transmissible diseases listed in subsection (a)(1) that is not known to be soil-borne unless such vine is removed under supervision;
(5) It is determined that a registered foundation block vine or registered increase block vine is transmissible disease-infected and the plants propagated from such source also are liable to be infected;
(6) The pest cleanliness requirements for nursery stock, in Section 3060.2 of the nursery inspection regulations, have not been met.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3024.4. Application and Fees.
(a) Application. The applicant shall furnish 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. 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, approval, registration, and certification procedures herein provided, and are not to obtain any right or privilege.
(1) 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 vines provided there shall be no 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 prescribed in this article 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 grapevines to be entered or continued in the program.
(2) The Department shall establish a schedule of fees for services provided in this article.
(3) 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.
s 3030. 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: Section 5822, Food and Agricultural Code.
s 3031. Definitions.
(a) "Certified block" means a planting of nursery stock for the production of certified nursery stock.
(b) "Certified nursery stock" means trees propagated and certified in accordance with the provisions of this article.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822 Food and Agricultural Code.
s 3032. Requirements for Plantings and Stock.
(a) Generally. Participation in this program is voluntary and may be withdrawn at the option of the applicant. Certification, approvals and supervision shall be conducted by the Department.
(b) Responsibility of Applicant. The applicant shall be responsible for:
(1) The selection of the location of the planting.
(2) The proper maintenance of all planting and storage areas.
(3) Maintaining the identity of all plants entered in the program.
(4) Farming and sanitation practices.
(5) Submitting the application for certification or approvals.
(6) Placing the information required on each certification tag furnished by the Department.
(7) Maintaining records of the certification tags used.
(c) Location of Plantings.
(1) Each planting and storage location shall be subject to approval and shall be in an area having minimal risks for spread of Phytophthora cinnamomi or other infectious pests by drainage, flooding, irrigation, or by other means.
(2) A certified block shall be a separate planting at least 12 feet apart from other nursery stock to maintain its identity.
(d) Treatment and Handling.
(1) Avocado nursery stock for certification shall be grown in soil or other planting media treated by the following approved methods and materials.
(A) Two pounds of actual methyl bromide per 100 cubic feet of soil with the soil depth not exceeding 12 inches with the soil temperature, in accordance with the product label, between 40 degrees F. and 80 degrees F. (4.4 degrees C. and 26.7 degrees C.) and enclosed by a gas proof tarp of not less than 1.5 mil. thickness. Soil in containers shall be enclosed by a gas proof tarp of not less than 6 mil. thickness and soil in containers shall not be more than 15 inches in depth. When treated with methyl bromide, the soil shall be prepared to a fine seed bed condition and there shall be no excessive moisture in the soil at time of treatment.
(B) Aerated steam in a closed chamber may be used provided all soil reaches a temperature of not less than 140 degrees F. (60 degrees C.) and is maintained for a period of not less than 30 minutes.
(C) Live steam in a closed chamber may be used provided all soil reaches a temperature of not less than 180 degrees F. (82 degrees C.) and is maintained for a period of not less than 30 minutes.
(2) Vegetation shall not be permitted within 25 feet of a certified block except other nursery stock meeting similar sanitary conditions subject to approval of the Department. When a certified block is grown in an approved enclosure, the 25 foot isolation barrier may be waived.
(3) A certified block shall be enclosed by an approved fence. At the discretion of the Department, the 25 foot isolation barrier may also be required to be enclosed by the approved fence.
(4) Avocado seed for growing certified avocado nursery stock shall be immersed in hot water at a temperature of 120 degrees F. to 122 degrees F. for 30 minutes in a suitable dipping vat with adequate agitation to maintain even temperature. The treatment shall be conducted in an approved manner and in an approved vat.
(5) Containers shall be treated in an approved manner except no treatment shall be required of new clean containers.
(6) Certified nursery stock and treated seed shall be stored in an approved area to protect against infection by Phytophthora cinnamomi
(7) Storage areas shall be treated in an approved manner.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3032.2. Inspection and Testing Procedures and Requirements; Refusal, Suspension or Cancellation of Certification.
(a) Inspection and Testing. (1) Avocado nursery stock for certification may be required to be inspected and tested for Phytophthora cinnamomi by using approved laboratory methods.
(b) Refusal, Suspension or Cancellation of Certification. Certification may be refused, suspended or cancelled for any plants in part or all of a planting if:
(1) The requirements of this article have not been met,
(2) A planting for certification is found infected with Phythophthora cinnamomi
(3) The pest cleanliness requirements for nursery stock in the Nursery Inspection Regulations, Section 3060.2, have not been met.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3033. 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 or registration 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 procedures that may be required.
(b) Fees. The Department shall establish a schedule of fees for service provided in this Article. The fee shall be based upon the approximate cost of the services rendered.
(c) 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.
s 3033.1. 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: Section 5821, Food and Agricultural Code.
s 3033.2. Definitions.
(a) "Viroid-infected" means infected by the sunblotch viroid.
(b) "Index" means testing a plant for viroid infection by grafting with tissue from it to avocado seedling indicator plants.
(c) "Off-type" means different from the variety or selection listed on the application for registration.
(d) "Candidate tree" means a selected tree for which registration as foundation stock is intended when inspection and testing for freedom from sunblotch viroid are completed.
(e) "Foundation stock" refers to candidate trees after testing by the Department and/or University of California and are registered to serve as primary sources of scion budwood or seed propagating material.
(f) "Increase block" means an orchard planting of trees propagated from registered budwood and foundation rootstock trees or from previously established increase blocks to provide sunblotch-tested propagative material.
(g) "Registered" means that a registration number has been assigned by the Department to: (1) foundation stock trees, (2) increase blocks, and (3) nursery planting blocks found to be free of sunblotch viroid after inspection and testing in accordance with the provisions of this article.
(h) "Registered stock" means seed, seedlings, cuttings, or scionwood produced from either registered foundation or registered increase block trees.
(i) "Registered nursery tree" means trees propagated using seed and scionwood from registered foundation stock or registered increase block trees.
(j) "Test" means any testing procedure using plant material or its extracts to determine the presence or absence of a disease agent in or on the tested plant material.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code.
s 3033.3. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the applicant. Registration, approvals, and supervision shall be conducted by the Department.
(a) Responsibility of Applicant. The applicant shall be responsible for:
(1) The selection of the candidate tree.
(2) The location of the increase block or nursery's tree plantings.
(3) Application for registry or reregistry.
(4) The proper maintenance of a planting being grown under the provisions of this article.
(5) Maintaining the identity in an approved manner of all plants entered in the program.
(6) Arrangements with the owner of the property on which the candidate trees or increase block trees are located so that inspections and collections of budwood for index-testing can be done with the owner's consent.
(7) Farming and sanitation practices.
(8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number.
(9) Disinfection of cutting tools.
(b) Location of Planting. Each increase block planting shall be subject to the approval of the Department. A registered increase block or nursery tree planting (other than container-grown trees) in the ground shall be at least 300 feet from established nonregistered avocado trees. If nonregistered avocado trees are located within 300 feet of established registered avocado trees, the Department will determine whether or not the registered trees require testing.
(c) Increase blocks or nursery plantings (in the ground) shall not be on land previously planted to avocados.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code.
s 3033.4. Inspection and Testing Procedures; Eligibility of Stock; Refusal, Suspension or Cancellation of Registration.
(a) Generally. Inspection and testing procedures prescribed in this article may be made by the University of California and the Department, and shall be conducted in an approved manner at times determined as suitable by the Department. In the testing 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 the sunblotch viroid or may approve other procedures for testing if determined equally suitable. Additional inspections or tests other than provided in this section may be required by the Department if any of these conditions exist: seasonal conditions or other factors tend to obscure the sunblotch viroid symptoms or make adequate inspection impossible; sunblotch viroid infection is suspected; sunblotch viroid symptoms may be masked in a particular variety.
(b) Eligibility of Stock.
(1) Candidate Tree. Each candidate tree shall be assigned an in-test identification number and shall be either:
(A) indexed for sunblotch viroid in an approved greenhouse facility under the supervision of the University of California and the Department. Each index test shall include indexing for sunblotch viroid by inoculating a minimum of 12 Guatemalan or West Indian variety avocado seedlings grown from registered foundation stock and graft-inoculated with tissue from the candidate tree. The inoculated seedlings shall be observed for a period of at least two years, except where results show a candidate tree is infected with sunblotch viroid. If no evidence of sunblotch viroid is found, the candidate tree may be registered as a foundation stock tree.
or,
(B) tested using the approved Polymerase Chain Reaction (PCR) developed to identify the sunblotch viroid. This test shall be performed by the University of California. Testing shall done in accordance with procedures developed by R. J. Schnell in 1997 as amended by J. A. Dodds in 1997. These procedures are available from the department upon request.
If no evidence of sunblotch viroid is found, the candidate tree may be registered as a foundation stock tree.
(2) Foundation Stock Tree. Candidate trees found to be free of sunblotch viroid following testing may be registered for use as primary sources of stock for the production of registered seed and scion materials. Registration is for a two-year period beginning with the start of the testing of the candidate tree. The in-test identification number of each candidate tree will become the tree registration number unless registration is refused or canceled as hereinafter provided.
(3) Increase Block. Trees propagated using foundation stock seed and budwood shall be acceptable for planting in an increase block. Propagative material from an increase block may be planted in the same increase block to replace plants or increase its size or to establish other increase blocks.
(A) The Department will assign a registration block number to each applicant's increase block upon receipt of an acceptable application and the proper fees.
(B) Registration of increase block trees shall be for a period of two years from June 30 in the calendar year in which the registration was issued.
(C) Registration of an increase block may be continuous provided application is filed with the Department prior to the expiration date of the original registration.
(4) Registered Nursery Tree. Nursery trees shall be propagated using registered seed and scionwood.
(A) Seed and budwood collection shall be done in a manner approved by the Department.
(B) The Department, upon receipt and acceptance of an application and fees for a registered nursery planting, will assign a registration number to the nursery planting block.
(C) Registration of a nursery planting shall be for a period of two years from June 30 in the calendar year in which the registration was issued.
(c) Refusal, Suspension or Cancellation of Registration. Registration may be refused, suspended, or canceled for any planting or portion thereof when:
(1) The requirements of this article have not been met, or
(2) The plant or plantings are found to be sunblotch viroid infected or off-type, or
(3) A registered tree is found sunblotch viroid infected and it is determined that plants propagated from it also are liable to be infected, or
(4) For any reason the identity of a plant or planting becomes uncertain or has not been properly maintained, or
(5) A registration number is misused or misrepresented.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5821, Food and Agricultural Code.
s 3033.5. 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 or registration 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 procedures that may be required.
(b) Fees. The Department shall establish a schedule of fees for service provided in this article. The fee shall be based upon the approximate cost of the services rendered.
(c) 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.
s 3035. Disclaimer of Warranties and Financial Responsibility; Implementing Agreements and Forms.
(a) Nature of "Certification." The term "certification" as used in this Program means that Department employees or agents have visually inspected growing grounds and crops thereon as described in this article. The term does not mean that the Department has inspected or is responsible for nuclear or parent stock, nor that the Department has control over the labeling of the stock by Program participants. Certification does not guarantee or warrant that the articles to which certification tags are attached, or which are otherwise represented as certified, are merchantable or fit for a particular purpose.
(b) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts and plant materials under the Seed Potato Certification Program. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of he plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding the Program, except as provided in this section.
(c) Each participant in the Program shall be required to sign the following Agreement as a condition of participation:
CALIFORNIA SEED POTATO CERTIFICATION
PROGRAM
3 California Administrative Code Section 3035 et seq.
READ THIS DOCUMENT CAREFULLY AND
COMPLETELY BEFORE SIGNING
DISCLAIMER OF WARRANTIES
AND
NONLIABILITY AND INDEMNIFICATION AGREEMENT
(1) The undersigned grower is a participant in the Seed Potato Certification Program of the Department of Food and Agriculture. Participant understands that the following limitations of liability apply:
LIMITATIONS OF LIABILITY
(A) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts and plant materials under the Program;
(B) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program;
(C) In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved; and
(D) No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035.
(2) Participant agrees to the above limitations of liability and further agrees:
(A) to waive any and all causes of action for damages, indemnification, or otherwise, which may accrue to the participant in any manner against the State of California, the Department, its officers, agents and employees in connection with the Department's participation in the Program;
(B) to indemnify, defend and save harmless the State of California, the Department and its officers, agents and employees from any and all claims or losses occurring or resulting from the Department's participation in the Program in connection with participants activities;
(C) to attach to each container of certified seed potatoes a tag, accurately and fully completed; and print on or attach to each bulk delivery invoice of certified seed potatoes a Notice, accurately and fully completed, in lieu of the tag. Each said tag and Notice will be in the form provided by 3 California Administrative Code Section 3035(d); and
(D) not to advertise or otherwise represent that the Department certifies freedom from disease, genetic disorder, off-type or any aspect of performance, nor that the Department has any financial responsibility with regard to the Program.
This Agreement shall be deemed to incorporate future amendments to the Food and Agricultural Code and 3 California Administrative Code relating to the Seed Potato Certification Program. The Agreement shall remain in effect for the current and each succeeding year of Program participation.
_______________
Date
Name of Grower
____________________
By
____________________
Title
____________________
Street Address
____________________
City and Zip Code
(d) Following are the forms of tag and bulk delivery invoice Notice required to be used by Program participants, as stated in subsection 3035(c).
(1) Tag
(FRONT OF TAG, WHICH STATES PROGRAM NAME)
DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY.
THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. (CONTINUED ON REVERSE OF THIS TAG.)
(REVERSE)
The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035.
The grower, whose name and participation number appear on the other side, is responsible for all information filled in on this tag.
Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion, 1220 N Street, Room 425, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number and serial number shown on the face of this tag.
(2) Bulk Delivery Invoice Notice (which states Program name).
DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY
THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM.
The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Section 3035.
The grower, whose name and participation number appear on this document, is responsible for all information filled in on this document.
Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion, 1220 N Street, Room 425, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number shown on this document.
Note: If participant is a sole proprietorship, the owner must sign; if a partnership, a managing partner; if a corporation, an executive officer. Keep a signed copy for your file.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.1. Definitions.
Words defined in Sections 32, 35, 38, 47, and 50 of the Food and Agricultural Code have the same meanings for the purpose of this article and in addition:
(a) "Disease-tested" means tested for potato viruses A (PVA), M (PVM), S (PVS), X (PVX), Y (PVY), and leafroll; spindle tuber viroid; Erwinia carotovora and Erwinia carotovora atroseptica; and Clavibacter michiganense ssp. sepedonicum infection in accordance with sampling procedures and methods set forth and within tolerance for the pathogens specified in this article.
(b) "Virus-tested" means tested for virus infection in accordance with the sampling procedures and testing methods set forth in this article and within tolerance for the specified viruses and seed classes.
(c) "Clone" means all of the progeny of a single explant.
(d) "Explant" means a potato plant or plantlet produced by rooting an excised growing tip of a tuber sprout or an auxiliary bud from a growing plant which shall serve as a parent for a whole clone or accession of micropropagated plants or plantlets.
(e) "Microtuber" means a very small tuber produced in culture (tubers in-vitro: TIV) by a micropropagated plant or plantlet. For the purpose of these regulations, microtubers shall also include tubercles produced from leaf-node cuttings.
(f) "Minitubers" means small tubers produced by plants in pot or bed culture in a greenhouse.
(g) "Micropropagated" means potato stock propagated using aseptic laboratory techniques and culture media to promote tissue differentiation and plant tissue growth.
(h) "Serodiagnostic" means testing using antigen/antibody reactions to determine the presence or absence of a pathogen.
(i) "Molecular hybridization testing" means the use of a radioactive probe to test for the presence of a viroid.
(j) "Pre-nuclear" means micropropagated plants in-vitro (PIV) or tubers in-vitro (TIV:microtubers). Also included are micropropagated plants or microtubers produced in a greenhouse.
(k) "Nuclear stock" means plantlets, microtubers, minitubers or seed potatoes produced from pre-nuclear stock.
(l) "Nuclear block" means a seed potato planting of meristem pre-nuclear stock being grown to produce nuclear stock.
(m) "Generation I stock" means plantlets, microtubers, or seed potatoes produced from nuclear or pre-nuclear stock.
(n) "Generation I increase block" means a potato planting of nuclear or pre-nuclear stock being grown to produce Generation I stock.
(o) "Generation II stock" means plantlets, microtubers, or seed potatoes from Generation I or earlier increases of stock.
(p) "Generation II increase block" means a potato planting of Generation I or earlier increases of stock being grown to produce Generation II stock.
(q) "Generation III stock" means plantlets, microtubers, or seed potatoes from Generation II or earlier increases of stock and sample, virus-tested plants.
(r) "Generation III increase block" means a potato planting of Generation II or earlier increases of stock being grown to produce Generation III stock.
(s) "VT Foundation stock" means virus-tested plantlets, micro-tubers, or seed potatoes from Generation III or earlier increases of stock and sample, virus-tested in accordance with the growing crop and post-season testing provisions of this article.
(t) "VT Foundation block" means a potato planting of Generation III or earlier increases of stock, or of seed potatoes that at least have an equivalent known history as that of Generation III, being grown to produce VT Foundation stock.
(u) "VT Certified seed potatoes" means virus-tested plantlets, microtubers, or seed potatoes from VT Foundation or earlier increases of stock produced in accordance with the certification provisions of this article.
(v) "VT Certified block" means a potato planting of VT Foundation or earlier increases of stock being grown to produce VT Certified seed potatoes.
(w) "Foundation stock" means plantlets or seed potatoes that have met both the field inspection and post-season test plot disease, varietal purity, and all other foundation stock requirements of this article.
(x) "Certified seed potatoes" means seed potatoes certified in accordance with the provisions of this article.
(y) "Off-type" means different from the variety, strain, or selection listed on the application for certification.
(z) "Limited generation system" means an increase system in which a quality hierarchy limits eligibility for recertification. Each quality level is a class as defined in Section 3035.1(j)-(x) of this article. Thus certified stock, except as provided in Section 3035.2(b), may not be recertified at the same or any higher class in the system. However, potato stock eligible and entered for certification as a given class may be certified for any lower class for which it qualifies when it fails to meet the standards for the class for which it was entered. A limited generation system consequently also is called a "flush-through" system.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code.
s 3035.2. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the participant. Except as otherwise specified, certification, approvals, determinations, inspections, tests and supervision mentioned herein shall be conducted by the Department. The Department will cooperate with participants, commercial growers, and University of California potato crop researchers in a continued effort to assure that the program meets the needs of California's potato industry.
(a) Except as otherwise provided, certification is based solely on visual inspections of sample plants and tubers from each lot which are found to meet tolerances prescribed in this article.
(b) This article provides for the certification of potato plants, plantlets, microtubers, minitubers, and standard seed tubers (potatoes) as specified. Such potato propagative materials may be generated as the products of conventional field, greenhouse, or micropropagation methodologies. Micropropagation techniques may be utilized to produce pre-nuclear and nuclear stocks starting from parent stock of unknown disease status as well as known disease status. When disease status is known, by virtue of prior certification by an official agency, micropropagation techniques may be used to produce potato plantlets and/or microtubers of the same class.
(c) Responsibility of Participant. Farming and sanitation practices are the responsibility of the grower. All grower or participant responsibilities specified in this article, regardless of whether or not so stated, shall be performed at the expense of the grower/participant. In addition, the participant shall:
(1) Select the location of and properly maintain any planting being grown subject to the provisions of this article;
(2) Maintain a detailed record of the progress of all micropropagation increases. Records shall include a numbering or code system to identify explants and clones, their origins and number of generations or increases, as well as records of required testing. Such records shall be available at all times, during normal working hours, for inspection by a representative of the Department. Micropropagators shall select tubers or mother plants from lines that are true-to-type. It is recommended that explants be derived from more than a single tuber; 10-20 tubers are desirable to maximize opportunity to provide a broad genetic base and to avoid selecting a tuber or mother plant that may carry a genetic mutation uncharacteristic of the variety. It is recommended that developing plants from callus be avoided because somatic mutations or variants are more apt to occur.
Micropropagators shall perform or cause to be performed, an annual field plot test of their clonal lines with particular emphasis on evaluation of the phenotype (trueness to type) and yield ability. All such tests shall be at the expense of the micropropagator;
(3) Notify the Department one week in advance of the time when plantings will be ready for the inspections required by this article. The participant shall also notify the Department of the date of all pest control treatments in plantings for which field inspections must be made;
(4) Notify the Department one week in advance of harvesting as to when seed tuber digging operations will commence and as to the location where the seed potatoes will be stored so that their identity can be established to the satisfaction of the Department;
(5) Maintain identity and/or grade of each lot of certified seed potato propagative stock in participant's possession in a manner approved by the Department and stamp on each certification tag furnished by the Department participant's name and application number(s);
(6) Notify the Department one week in advance of any movement of seed potatoes during storage;
(7) Protect potato stock in possession from exposure to or damage by conditions, pests or diseases which could materially reduce their viability, productivity or marketability; and, file with the Department a compliance certificate for equipment and storage sanitation as specified by the Department;
(8) Provide an inspection for the Department's use in determining compliance with the seed potato grade requirements of this article;
(9) Notify any receiver to which the participant has shipped, transported, or delivered potato stock from any lot that the Department, after such delivery, determined to be infested or infected with root-knot nematode or bacterial ring rot of cancellation of certification and the reason therefor. Substantiation of such notification shall be by copy to the Department or by certificate of compliance.
(d) Location of Planting.
(1) General. Each planting shall be subject to the approval of the Department. Any land planted with potatoes found to be infected by bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, will not be eligible for certification planting for two years.
(2) Isolation. All fields entered for certification shall be at least 300 feet from any other potato planting which by any means would expose the plantings entered for certification to disease infection. This requirement may be waived, if in the judgment of the Department there exists a sufficient natural barrier or adequate protective measures are taken to prevent spread of disease into plantings entered for certification.
In addition, all disease-tested, virus-tested, meristem or shoot-tip cultured, nuclear, Generation I, II, and III stock shall be produced in a geographic area or facility where commercial potatoes or potato stock of less than an equivalent disease status is not being grown. This requirement may be waived by the Department if, in its judgment, a planting is suitably safeguarded against outside disease sources. Nuclear, Generation I, and Generation II field plantings shall be at least six feet apart, and more, if necessary, to prevent plants of the separate classes from touching. Each clone in a Nuclear or Generation I block shall be likewise separated. Virus-tested Generation III and VT Foundation blocks shall be separated at least six feet from any field potato planting of less than an equivalent disease status.
(e) Maintenance of Plantings. Any field planting entered in this program shall be kept in a good growing condition and general insect and weed pests shall be kept under effective control. The Department may require that volunteer potato plants and specific weed hosts of diseases and disease vectors be eliminated from plantings. Suitable precautions shall be taken in cultivating, irrigating, digging, grading, movement and use of equipment and in other farming practices to guard against spread of disease and insect pests into and within plantings entered in this program.
Any laboratory multiplication of potato stocks entered in this program shall be produced under standard aseptic microbiological techniques at all stages prior to potting. Potting media shall be sterile. Sanitation and soil sterilization are the responsibility of the participant. Greenhouse facilities being used for potato planting stock production shall be insect proofed as directed by the Department. All water sources used in a micropropagation or greenhouse operation shall be treated or otherwise rendered free of bacterial potato pathogens by the participant.
(f) Harvesting and Grading Equipment, and Storage Facilities Requirements. Each lot of potato stock shall be separately stored in such a manner as to preclude intermixing. In some cases, solid barriers may be required. Lots known to be infected with bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, at the time of storage or noncertified potatoes may not be stored within the same storage with any class of certified potato stock.
Virus-tested classes of seed tubers may be bulked at harvest; but, they must be separated from other classes of certified seed potatoes.
(g) Containers. All containers shall be new or clean and not previously used to contain potatoes, or cleaned and disinfected to the satisfaction of the Department.
(h) Eligibility and Planting Requirements.
(1) To be accepted for certification, seed shall have been certified by an official seed certifying agency and continued identity maintained in an approved manner, or shall be determined by the Department to have an equivalent known history.
For any seed lot which disease status cannot otherwise be demonstrated to the satisfaction of the Department, a history of compliance may be established by inspection and testing as prescribed in this article. In the case of field grown potato stock, such inspection and testing shall be performed for at least two growing seasons. Stock may be certified at the end of the second season provided it meets the requirements of this article.
In addition, each seed tuber lot intended for field production shall be preseason field plot tested. Seed lots to be planted and entered for spring certification shall be tested at Oceanside or another suitable winter test plot location. Seed lots to be planted and entered for late summer and fall certification shall be tested at Half Moon Bay or another suitable spring test plot location. A representative sample consisting of 220 tubers shall be collected from each 100-500 hundredweight seed lot. Seed lots ranging in size from 51-100 hundredweight shall be represented by a 110 tuber sample. Seed lots ranging from 21-50 hundredweight shall be represented by a 55-tuber sample. Seed lots of 20 hundredweight or less need not be tested. The fee for testing samples of less than 220 tubers shall be prorated based on the fee for a 220 tuber sample.
Private entities engaged in the production of pre-nuclear stock, starting from parent stock of unknown disease quality, for certification as provided in this article shall perform or cause to be performed such serodiagnostic and molecular hybridization testing the Department specifies to determine that the original explant and subsequent generations are negative for potato spindle tuber viroid, PVA, PVM, PVS, PVX, PVY, leafroll, and bacterial pathogens including but not limited to Clavibacter michiganense ssp. sepedonicum, Erwinia carotovora, and Erwinia carotovora atroseptica. Such micropropagated materials shall be field performance tested at least annually to evaluate trueness to type (phenotype) and yield ability. However, the participant shall at all times be responsible for such performance. Original explants taken from officially certified tubers need not be tested in the foregoing manner provided that the plantlets and/or microtubers will be certified as a seed potato class equal to or lower than that of the parent stock. Certification as a higher class will require the foregoing testing specified for nuclear stock eligibility, or that which is hereinafter specified in (A)-(F) for the class for which certification is requested. A list of the serodiagnostic and molecular hybridization tests currently acceptable to meet the requirements of this paragraph shall be maintained by and available from the Department's Pest Exclusion Unit, 1220 N Street, Sacramento, California 95814.
To be eligible for certification as a virus-tested class, seed potatoes shall meet the following additional requirements:
(A) Only pre-nuclear stock shall be eligible for certification as nuclear stock. The tuber-unit or hill family method of field planting shall be used except when whole tubers are planted and identified to the satisfaction of the Department.
(B) Generation I stock. Only pre-nuclear or nuclear stock seed potatoes are eligible for planting in a Generation I increase block. The tuber-unit or hill family method of field planting shall be used except when whole tubers are planted and identifiedto the satisfaction of the Department. (continued)