Loading (50 kb)...'
(continued)
(C) Generation II stock. Only Generation I or earlier increases of stock shall be eligible for planting in a Generation II increase block. 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.
(D) Generation III stock. Only Generation II or earlier increases of stock shall be eligible for planting in a Generation III increase block. The mass method of planting may be used.
(E) VT Foundation stock. Only Generation III or earlier virus-tested generations of stock shall be eligible for planting in a VT Foundation block to produce VT Foundation stock.
(F) VT Certified seed potatoes. Only VT Foundation and earlier virus-tested generations of stock shall be eligible for planting in a VT Certified block to produce VT Certified stock.
(2) Seed of more than one variety and/or seed from more than one source entered for certification shall be separated by one or more blank rows except that markers clearly visible from each end of the field may be substituted in lieu of blank rows. The tuber-unit method of field planting may be used and tuber lines of different varieties may be entered as a single application to facilitate inspection and record keeping.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.3. Refusal, Cancellation of Approval, or Rejection.
The Department may refuse acceptance of an application, certification, or the use of certification tags and other indicia of certification under any conditions which it determines may be detrimental to the seed potato certification program or potato industry in this State; or which may hinder or prevent accurate determination of whether or not the disease, varietal purity, grade and other requirements of this article have been met. The Department may be advised by Departmental and University of California plant pathologists, potato researchers and specialists in all matters of detrimental or potentially detrimental conditions; but, Departmental actions to refuse or reject are not to be subject to or limited by such advice. In addition:
(a) Failure to comply with the requirements of this article shall be cause for refusal or cancellation of approval of any planting or of the certification of any plantlets, plants, microtubers, minitubers, or seed. A participant who, during the current or past program participation, has been uncooperative or unreliable may be refused certification services. Failure to comply with the requirements for completing and attaching tags and bulk delivery notices, as required by the agreement under Section 3035, shall be grounds for cancellation of certification and refusal of participation in future years.
(b) Any seed planting that has shown by inspection or laboratory diagnosis the presence of bacterial ring rot, Clavibacter michiganense ssp. sepedonicum, or root-knot nematode, Meloidogyne spp., shall be rejected.
(1) Inspection is visual and rejection shall be based on the finding, as provided in (2) of, Clavibacter michiganense ssp. sepedonicum in the lot or field entered for certification. Other lots entered by the participant which are from the same seed source or lots which have been exposed to infection, shall not be eligible for certification as Foundation stock or for recertification.
(2) Laboratory diagnosis to determine the presence of bacterial ring rot shall be based on such tests and diagnostic procedures determined appropriate by the Department, including those currently approved by the Potato Association of America. If laboratory assistance is not reasonably available, the determination may be made on the basis of visual inspection.
(c) Certification may be refused if it is determined that any lot of seed or any planting is infested or infected with any pest new to or of limited distribution in the State.
(d) Fields or lots of seed potatoes entered for certification and from which volunteer potato plants, disease weed reservoirs, and virus disease vectors have not been eliminated or controlled as required by the Department, may be rejected.
(e) Certification may be refused an entire planting where one or more lots of seed within the planting are refused unless the area adjacent to a refused lot is satisfactorily rogued to a distance of 300 feet.
(f) Certification shall be refused any planting not rogued to the satisfaction of the Department, regardless of the percentage of diseased plants present.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.4. Disease/Virus-Testing, Inspection, and Post-Season Testing.
The Department may grow and test samples of seed to determine the amount of virus or other diseases in such seed. A reasonable amount of seed for testing shall be furnished when requested by the Department. The Department may also take plants and/or tubers from any planting or storage for inspection and testing purposes. Samples shall be furnished without charge.
(a) Disease/Virus-Testing. Virus-testing shall be performed using laboratory serodiagnostic and/or plant indicators or other methods as may be determined to be suitable for virus-testing. The testing intensity for the virus-tested classes shall be as follows:
(1) Pre-nuclear stock plants shall be disease-tested free of the pathogens specified in Section 3035.1(a). To fulfill this requirement, the resulting plantlet from each initial explant shall be screened for pathogens before plantlets are multiplied by nodal cuttings or other means. Such testing is the responsibility and at the expense of the participant. Records of such testing shall be maintained in such a manner that test results can be correlated readily with the explants, plantlets, or other stock on hand.
(2) Nuclear stock plants shall be disease-tested. The number of plants tested from each clone shall be determined by the Department. There shall be no tolerance for the pathogens specified in Section 3035.1(a).
(3) Generation I stock plants shall be tested for PVA, PVM, PVS, PVX, PVY and PLRV. Each clone shall be tested on a sample basis. There shall be no tolerance for the specified pathogens. Plants shall be visually free of spindle tuber and blackleg.
(4) Generation II stock plants shall be sample tested for PVX and not more than one percent (1%) of the plants tested may show PVX infection. Plants must be visually free of bacterial ring rot, blackleg, spindle tuber, mosaic, leafroll and other virus diseases and off-type plants.
(5) Generation III stock plants shall be sample tested for PVX and not more than two percent (2%) of the plants tested may show PVX infection. Plants must be visually free of bacterial ring rot, spindle tuber, mosaic, leafroll and other virus diseases and off-type plants. Visual blackleg may not exceed 0.10%.
(6) VT Foundation stock plants shall be sample tested for PVX and not more than four percent (4%) of the plants may show PVX infection. Plants must meet the field inspection virus and other disease and varietal purity requirements for nonvirus-tested Foundation stock.
(7) VT Certified stock plants shall be sample tested for PVX and not more than eight percent (8%) of the plants may show PVX infection. Plants must meet the field inspection virus and other disease and varietal purity requirements for nonvirus-tested Certified stock.
(b) Field Inspection. Each planting will be visually inspected on a sample basis. Plantings shall be given at least two visual inspections during the growing season. Additional inspections may be made at the discretion of the Department. A final report of field inspection results shall be prepared to include a list of seed potato growers, application number, varieties, seed sources, planting dates and the results of preseason field plot tests. The report shall be prepared, if practicable, for release by November 1. Second field inspections made after the 75th day after planting and omitted inspections shall be noted and explained.
(1) A record shall be made of any plant found in any planting which exhibits symptoms of any disease covered by this regulation. Certification does not guarantee a total absence of diseases. Diseases which cannot readily be observed visually at the time of inspection may not be detected and may be present.
(2) The unit of certification shall be the entire clone or field as entered by the participant on the application.
(3) Fields of potatoes for certification shall not exceed the tolerances in the following table. Compliance with the specified tolerances is based upon the sample inspected.
FIELD INSPECTION TOLERANCES
[Note: The following TABLE/FORM is too wide to be displayed on one screen.
You must print it for a meaningful review of its contents. The table has been
divided into multiple pieces with each piece containing information to help you
assemble a printout of the table. The information for each piece includes: (1)
a three line message preceding the tabular data showing by line # and
character # the position of the upper left-hand corner of the piece and the
position of the piece within the entire table; and (2) a numeric scale
following the tabular data displaying the character positions.]
*******************************************************************************
******** This is piece 1. -- It begins at character 1 of table line 1. ********
*******************************************************************************
-------------------------------------------
Total all virus disease permitted.........
Except leafroll in Russet and
Burbank limited to........................
Total all other diseases permitted........
Except following limited to [FN1]
Blackleg..................................
Bacterial ring rot........................
Root-knot nematode........................
Wilt diseases.............................
Blight....................................
Varietal mixtures [FN1] ..................
-------------------------------------------
Note: Fungal or bacterial blights shall be
cause for rejection if present to the
extent satisfactory inspection cannot be
made for other diseases.
1...+...10....+...20....+...30....+...40...
*******************************************************************************
******* This is piece 2. -- It begins at character 44 of table line 1. ********
*******************************************************************************
-----------------------------------------
Foundation Stock Certified Seed
________________________________________
Maximum Maximum
Percentage Percentage
Allowed Allowed
----------------------------------------
First Second First Second
Field Field Field Field
Inspec. Inspec. Inspec. Inspec.
----------------------------------------
1/2% 1/4% 1% 1/2%
1/4% 1/8% 1/4% 1/4%
2% 2% 2% 2%
1/4% 1/4% 2% 1%
0 0 0 0
0 0 0 0
2% 2% 2% 2%
See See See See
note note note note
1/4% 0 1/2% 1/4%
-----------------------------------------
44...50....+...60....+...70....+...80....
*******************************************************************************
******* This is piece 3. -- It begins at character 1 of table line 29. ********
*******************************************************************************
[FN1] The zero tolerances for bacterial ring rot and root-knot nematode are
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+
*******************************************************************************
******* This is piece 4. -- It begins at character 76 of table line 29. *******
*******************************************************************************
chosen
76.......
*******************************************************************************
******* This is piece 5. -- It begins at character 1 of table line 30. ********
*******************************************************************************
for reasons of convenience and practicality and are not to be construed to
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.
*******************************************************************************
******* This is piece 6. -- It begins at character 77 of table line 30. *******
*******************************************************************************
mean
77......
*******************************************************************************
******* This is piece 7. -- It begins at character 1 of table line 31. ********
*******************************************************************************
that the lot inspected is free of these pests. It does mean that no bacterial
rot or root-knot nematode was found during the inspection process. The same
principle applies in the case of varietal mixtures.
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+....
*******************************************************************************
******* This is piece 8. -- It begins at character 80 of table line 31. *******
*******************************************************************************
ring
80..+
(c) Test Plot Requirements.
(1) Seed being produced as Foundation or any field produced class of virus-tested tuber stock shall be tested in a winter test plot or greenhouse, or both, to determine its eligibility for certification as Foundation or VT Foundation stock. Field produced Generation I, II, and III stock shall also be so tested. As a means of monitoring program effectiveness, the Department also may test all lots entered for production as certified seed potatoes.
(2) Samples for Testing. Each seed lot will be tested on a sample basis. The presence of diseases shall be determined visually. Following are minimum sizes of samples based on the lot acreage, which shall be furnished to the Department for testing in a winter test plot or greenhouse.
Lot Acreage Sample
1- 5 acres 220 tubers
6-10 acres 440 tubers
11-20 acres 660 tubers
21-40 acres 880 tubers
(3) Disease Tolerance. The percentage of virus infection shall not be more than one (1) percent for approval as Foundation or VT Foundation stock provided, however, that for the Russet Burbank variety the percentage of leafroll virus shall not be more than 0.5 percent. Generation I, II, and III stock shall be visually free of spindle tuber, mosaic, leafroll, other virus disease, bacterial ring rot, and off-type plants.
Certification does not guarantee a total absence of diseases. Diseases which cannot readily be observed visually at the time of inspection may not be detected and may be present.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.5. Grade Inspection.
(a) General Requirements. In addition to the specific requirements of Sections 3035.3 and 3035.4, all lots of seed potatoes to be approved and identified by official tags as certified seed shall be inspected when graded. The participant is responsible for meeting the grade requirements and the proper use of the certification tags or other indicia of certification. If any potatoes in containers bearing official tags fail to meet the grade requirements, at any time while still under the participant's control, the certification shall be refused until the potatoes are reconditioned and found to comply with the grade requirements. Potatoes of all grades defined in this regulation shall be free of visible symptoms of bacterial ring rot, root-knot nematode, or any pest new to or of limited distribution in the State.
No grade requirements have been established for plants, plantlets, microtubers or minitubers which have been produced in accordance with this article.
Seed potatoes which were packed and identified as provided in this article may be repacked only under the supervision of the Department. Only new containers may be used and each container shall have attached thereto an official tag provided by the Department. The Department shall charge an hourly fee for the time required for supervising these services together with other expenses incurred.
Cut seed may be certified provided that it meets the grade indicated by the certification tag to be used. However, mechanical or other means of cutting seed potatoes is a significant avenue for the introduction and spread of disease; so, the participant shall be solely responsible for any adverse consequences of the cutting, handling and subsequent delivery of cut seed. Certification tags issued for use in the identification of cut certified seed shall be overstamped, "Cut Seed."
(b) Grade Designations. There shall be only two seed potato grades: Blue Tag Grade and Yellow Tag Grade. Seed potatoes of any class, for which provision is made in this article, may be graded to meet either or both grades. The class of the seed will be printed or stamped on the certification tags or bulk delivery invoice notice.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.6. Blue Tag Grade.
To meet the requirements of the Blue Tag Grade, the seed potatoes in each container shall conform to variety type and meet the requirements specified in this article.
(a) Definitions. The terms "potato" and "tuber" shall be interchangeable. In addition:
(1) "Fairly well shaped" means that the potato is not materially pointed, dumb-bell shaped or otherwise materially deformed.
(2) "Freezing" means that the potato is frozen or shows evidence of having been frozen.
(3) "Soft-rot or wet breakdown" means any soft, mushy, or leaky condition of the tissue.
(4) "Nematode or tuber moth injury" means the presence of or any visual evidence of root-knot nematode or tuber moth.
(5) "Damage" means any defect (except sunburn and greening) or any combination of defects which materially detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than five (5) percent of the total weight of the potato. See Tables I and II in this section.
(6) "Serious damage" means any defect (except sunburn and greening), or any combination of defects, which seriously detracts from the internal or external appearance of the potato, or any external defect which cannot be removed without a loss of more than ten (10) percent of the total weight of the potato.
(7) "Internal defects" means defects which cannot be detected without cutting the potato. Some internal defects are listed in Table II of this section.
(8) "External defects" means defects which can be detected externally. However, cutting may be required to determine the extent of the injury. Some external defects are listed in Table I of this section.
(9) "Condition defects" means defects which may develop or change during storage or shipment.
(10) "Permanent defects" means defects which are not subject to change during storage or shipment.
(b) Samples for Grade and Size Determination. Individual samples shall consist of at least 20 pounds (9 kilograms). The number of such individual samples drawn for grade and size determination will vary with the size of the lot.
(c) Application of Tolerances. Individual samples shall not have more than double the tolerances specified, except that at least one defective and one off-size potato may be permitted in any sample; provided, that enroute or at destination one-tenth of the samples may contain three times the tolerance permitted for potatoes which are frozen or affected by soft-rot or wet breakdown; and provided further, that the averages for the entire lot are within the tolerances specified for the grade.
(d) Blue Tag Grade Requirements. Blue Tag Grade seed potatoes shall be fairly well shaped; free from freezing, blackheart, late blight tuber rot, root-knot nematode or tuber moth injury, tubers showing visible symptoms of bacterial ring rot, and soft-rot or wet breakdown; free from serious damage caused by hollow heart; and free from damage caused by any other internal or external cause as described in Tables I and II in this section.
In addition, the minimum size, unless otherwise specified, shall not be less than two ounces (57 grams); and, the maximum size, unless otherwise specified, shall not exceed 14 ounces (397 grams) with no potatoes over 18 ounces (510 grams) permitted. However, when the certification tag or other indicia of certification is clearly and conspicuously marked with the term "Oversize" or "Undersize," then the respective upper or lower weight limit need not apply.
The tolerances specified in (e) shall be applied to the foregoing requirements.
(e) Tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, are provided as specified:
(1) For defects:
(A) Ten (10) percent for potatoes in any lot which are seriously damaged by hollow heart.
(B) Ten (10) percent for potatoes which fail to meet the remaining requirements of the grade including therein not more than five (5) percent for external defects and not more than five (5) percent for internal defects; provided, that included in these tolerances not more than the following percentages shall be allowed for the defects listed:
Percent
Tubers showing visual evidence of bacterial ring rot.... 0.00
Serious damage caused by dry or moist type Fusarium
tuber rot............................................... 2.00
Late blight tuber rot................................... 1.00
Root-knot nematode or tuber moth injury................. 0.00
Varietal mixture........................................ 0.25
Frozen, soft-rot, or wet breakdown...................... 0.50
Provided that enroute or at destination an additional 0.50 percent, or a total of 1.0 percent, shall be allowed for potatoes which are frozen or affected by soft-rot or wet breakdown.
(2) For off-size.
(A) For undersize. One (1) percent for potatoes in any lot which fail to meet the required or specified minimum size except when the tag or other indicia of certification is stamped, "Undersize."
(B) For oversize. Five (5) percent for potatoes in any lot which fail to meet the required or specified maximum size except when the tag or other indicia of certification is stamped, "Oversize."
(f) Defects Tables.
TABLE I. EXTERNAL DEFECTS
Damage
--------------------------------------------------------------
When materially detracting from appearance of the or When
potato removal
causes
loss of
more
than 5
percent
of
total
weight
of
potato
Defect
Air cracks X
Bruises X X
Cuts or X
trimming
Enlarged X
lenticels
External X
discoloration
Flea beetle X X
injury
Rhizoctonia X
Scab, pitted X X
Scab, russet X
Scab, surface When more than 5 percent of surface is affected.
Second growth X
Growth cracks X
Wireworm or When any hole in a potato 2 1/2 inches (64 mm) in
grass damage diameter or 6 ounces (170 gms.) in weight is more
than 3/4 inche (19mm) long, or when the aggregate
length of all holes is more than 1 1/4 inches (32
mm), or correspondingly shorter or longer holes
in smaller or larger potatoes.
Dirt Dirt or other foreign matter is considered as
causing damage when the individual potato is more
than slighty dirty or slightly stained, or when
more than a moderate amount of loose dirt or
other foreign matter is present in the sample.
Insects or When present inside the potato.
worms
Shriveling When more than moderately shriveled, spongy, or
flabby.
Sprouts When more than 10 percent of the potatoes in any
lot have any sprouts more than 1.0 inches (25 mm)
in length.
TABLE II. INTERNAL DEFECTS
Defect Damage
Ingrown sprouts When removal causes a loss of more than 5 percent of
the total weight of the potato.
Internal discoloration When more than the equivalent of three scattered light
occurring entirely brown spots 1/2 inches (3 mm) in diameter in a potato
within the vascular 2 1/2 inches (64 mm) in diameter or 6 ounces (170
ring gms) in weight, or correspondingly lesser or greater
number of spots in smaller or larger potatoes.
Internal discoloration When removal causes a loss of more than 5 percent of
outside of or not the total weight of the potato.
entirely confined
within the vascular
ring.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3035.7. Yellow Tag Grade.
To meet the requirements of the Yellow Tag Grade, the seed potatoes in each container shall conform to variety type and meet the requirements specified in this article.
(a) Definitions. The terms defined for the Blue Tag Grade in Section 3035.5 shall have the same meaning when applied to the Yellow Tag Grade.
(b) Samples for grade and size determination and application of tolerances shall be the same as for the Blue Tag Grade.
(c) Yellow Tag Requirements. Yellow Tag Grade seed potatoes shall meet the same defect and size requirements as Blue Tag Grade seed potatoes, except that, for defects the "serious damage" definition shall apply. Yellow Tag Grade seed potatoes also may be identified as "Oversize" or "Undersize" by clearly and conspicuously stamping the certification tags or other indicia of certification with those designations. In such case, the respective upper and lower weight limits do not apply.
Note: Authority cited: Sections 407, 5821, 5822, 5823, and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code.
s 3035.8. Certification.
The Department will certify seed potatoes as "Foundation stock," "Certified seed potatoes," or as a class of virus-tested seed potatoes when the requirements of this article have been met and will authorize for the identification of such seed the use of official certification tags or other indicia of certification. Proper use of the tags or other indicia of certification is the responsibility of the participant. However, as the Department determines the situation to warrant, failure to comply with digging, storage, grading and tagging requirements shall be cause either for cancellation of certification, or revocation of the privilege of tagging at the participant's convenience.
(a) The tags shall be serially numbered and include the grade designation and variety. The Department will keep records of tags issued, together with the records of certification made. Each grower shall stamp his name and application number on each tag.
(b) Each container of certified seed potatoes shall be identified by an official certification tag attached thereto. Virus-tested classes of seed potatoes will be identified by over-stamping the regular certification tags with the term, "Virus-Tested" or VT together with the class of seed identified.
Note: Authority cited: Sections 407, 5821, 5822, 5823, and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823, and 52681, Food and Agricultural Code.
s 3035.9. Application and Fees.
(a) Applications. Preliminary application shall be made to request preseason field plot testing and shall include the identity and location of all seed lots to be tested.
In the case of field plantings, a separate application shall be submitted for each: (1) variety, (2) seed source of a variety, and (3) field entered except as provided in Section 3035.2(h)(2) of this article. Single applications shall include at least one acre (0.5 hectare) but not more than 40 acres (16 hectares).
In the case of micropropagation or greenhouse production, application shall be made providing all of the information requested on the form provided by the Department. A separate application is required for each variety and seed source of a variety.
In the case of field plantings, application, along with the proper fees, shall be submitted within 15 days after the planting date, stating the number of acres planted and other information requested on the Department's application form. Upon payment of the required late application fees, the Department may accept late applications when it determines that the planting stock is eligible, the location is suitable and that the inspections and tests outlined in this article can be performed adequately.
In the case of micropropagation or greenhouse production, application, along with the proper fees, shall be made at least one week prior to the initiation of propagation.
Post-season field plot testing shall be mandatory for any field planted lot entered for certification as Foundation or any class of disease- or virus-tested stock except when request for withdrawal is made prior to or at the time of second field inspection. The Certified and VT Certified classes are exempt from this post-season field plot testing requirement, except as provided in Section 3035.4(c)(1).
(b) Fees. The Department shall establish a schedule of fees for the services provided under the terms of this article. The fees shall be based upon the approximate cost of the services rendered. The fees for inspection and testing services rendered in establishing a history of compliance as provided in Section 3035.2(h)(1) of this article shall be the same as those established for the inspection and tests outlind as follows:
(1) Preseason Test Plot -Fees for preseason field plot testing shall be paid at the time of preliminary application.
(2) Field Inspections.
(A) The fee for the first field inspection shall accompany the application for certification. If the application is a preliminary application, the total of fees due for the first field inspection shall accompany the final application. A late application fee shall be established for late applications.
(B) The fee for the second field inspection shall be paid prior to the time such inspection is made.
(3) Micropropagation and Greenhouse. The Director shall establish an annual application fee for each facility that will be used in the production of potato plants, plantlets, micro- and/or minitubers. In addition, the Director shall establish an hourly fee to be paid for the actual time spent in the performance of certification services. The annual application and hourly fees shall be set forth in a schedule adopted by the Director.
(4) Grade Inspections. The fee for the grade inspection shall be paid prior to or at the time such inspection is made.
(5) Test Plot. Fees for post-season field plot testing shall be paid along with fees for second field inspection. The cost of tests made for the purpose of monitoring program effectiveness will be covered by the fees established for field and grade inspections.
(6) Additional Fees.
(A) With respect to all of the fees, the Department may require a larger fee on any or all acreages entered when, because of conditions and total acreages entered, the charges listed above will not cover the cost of the service. This may apply to districts or the entire State.
(B) A fee may be required for the growing of greenhouse and test plot samples from seed sources not entered for certification.
(c) Refunds. Fees paid for services that are not rendered shall be refunded to the applicant, less direct and indirect costs incurred by the Department. Not more than one-half of any application fee shall be refunded regardless of the costs incurred.
Note: Authority cited: Sections 407, 5823 and 52681, Food and Agricultural Code. Reference: Sections 5821, 5822, 5823 and 52681, Food and Agricultural Code.
s 3044. 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 3044.1. Definitions.
(a) "Garlic" means plantlets, plants, bulbs, or cloves or any part of Allium sativum and its cultivars.
(b) "Off-type" means different from the variety listed on the application for registration or certification or exhibiting symptoms of a genetic or non-transmissible disorder.
(c) "Foundation block" means a garlic planting established using garlic subjected to laboratory disease elimination procedures and propagated under the supervision of the Department for the production of foundation stock.
(d) "Foundation stock" means garlic produced in a foundation block.
(e) "Nursery increase block" means a garlic planting which has been established using foundation or registered stock for the production of registered stock.
(f) "Registered stock" means garlic produced in an nursery increase block.
(g) "Certified block" means a garlic planting which has been established using registered stock for the production of certified stock.
(h) "Certified stock" means garlic that has been produced in a certified block.
(i) "Certified seed garlic" means garlic certified in accordance with the provisions of this article.
(j) "Participant" means any person or legal entity whose application has been submitted to and accepted by the Department.
(k) "Farm" means an enterprise that includes all land, growing facilities, equipment, storage facilities, and labor that are utilized in a common effort to produce garlic and other Allium sp. crops.
(l) "Program" means the seed garlic certification program administered by the Department pursuant to these regulations.
(m) "Department" means the California Department of Food and Agriculture, the Secretary of Food and Agriculture, and its agents, employees, or representatives.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.2. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the participant. Approval, supervision, inspection, sampling, determination, registration and certification, shall be conducted by the Department or its authorized agents.
(a) Approval of Registration or Certification. Planting locations accepted by the Department, laboratory examinations, and visual inspections form the basis for approval of registration as a propagative source and certification as California certified seed garlic. The Department may authorize the use of official certification tags or other indicia of certification for the identification of garlic which meets the requirements of this article. Except as otherwise provided, certification is based solely on a sample of garlic from each planting entered in the program.
(1) Approval of Registration. The Department may approve the registration as a source of propagative material, either foundation or registered stock which has tested and found free of stem and bulb nematode, Ditylenchus dipsaci, and has been inspected and found free of white rot fungus, Sclerotium cepivorum.
(2) Certification. The Department may certify garlic as California Certified Seed Garlic stock which has been inspected and found free of white rot fungus, Sclerotium cepivorum.
(b) Refusal, Suspension or Cancellation of Registration or Certification. The Department may refuse certification services to anyone or may refuse, suspend, or cancel registration or certification for part or all of a planting under the following conditions, whether or not caused by actions or omissions of participants.
(1) The requirements of this article have not been met; or
(2) The participant has failed to comply with participant responsibilities as specified in Section 3044.3 during current or past program participation; or
(3) The participant has failed to pay in a timely manner, any fee or late charge required by this article.
(4) Any condition exists which would hinder or prevent the accurate determination of whether or not the disease, pest, varietal purity, or other requirements of this article have been met; or
(5) The planting is infested with stem and bulb nematode; or
(6) The planting is infected with white rot fungus; or
(7) The planting is infected or infested with any pest new to or of limited distribution within the State, unless the Department determines that the pest is of minor economic importance or determines that the pest can be safely delimited and the infected or infested garlic can be treated or rogued to eliminate the pest; or
(8) A plant or plants are found to be off-type unless rogued to the satisfaction of the Department; or
(9) For any reason the identity of the garlic becomes uncertain or has not been maintained; or
(10) The certification seals or tags are misused or stock is materially misrepresented, whether or not the participant knew or should have known of the misrepresentation.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.3. Participant Responsibilities.
All participant responsibilities specified in this article shall be performed at the expense of the participant. Notifications as specified are required in order to assure that approval(s) may be granted before work is performed, to ensure that inspections may be made properly and in accordance with state laws governing worker health and safety for pesticide exposure, and to provide close working knowledge of filed operations. The participant shall be responsible for:
(a) Application for registration or certification of a planting.
(b) Selection of the planting location.
(c) Selection and trueness to variety of garlic in a planting.
(d) Propagation, record keeping, and pest freedom of all garlic subjected to laboratory disease elimination to be planted in a foundation block.
(e) Culture, maintenance, farming and sanitation practices of a planting.
(f) Maintaining the identity of all garlic entered in the program.
(g) Protecting garlic in possession from exposure to or damage from conditions and pests, including diseases, which could materially reduce the viability or productivity of the stock.
(h) Notifying the Department at least one week in advance of planting and replanting, propagation operations, harvest and storage location, and movement of stock during storage.
(i) Notifying the Department of the date of all pest control treatments in plantings for which inspections or other departmental activities are scheduled, the product(s) used, dosage(s) and any re-entry or worker safety requirements which apply. Such notification need not be made at times when inspections or other departmental activities are not scheduled to be performed.
(j) The proper use of certification seals and tags provided by the Department and for marking on each tag the participant's name, harvest date (month, year), variety and the assigned block number and other information for identification purposes specified by the Department.
(k) Maintaining production, tag use and sales records of the stock produced and/or sold. The tag use records shall be kept on an inventory sheet(s) supplied by the Department, unless otherwise specified by the Department in writing, and shall be submitted annually after the close of the season for sale or distribution of certified stocks.
(l) Compliance with the requirements of this article and with other lawful orders specified by the Department.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.4. Eligibility Requirements.
To be accepted for approval of registration or certification, garlic shall have been inspected and tested in prior growing season of production by the Department, as provided in Section 3044.6 or by another jurisdiction performing said inspections or testing under standards at least as strict, and not found to be infested with stem and bulb nematode or infected with white rot fungus. Garlic which has been exposed to a stem and bulb nematode infestation or a white rot fungus shall not be eligible for recertification.
(a) In a Foundation Block. To be eligible for planting, garlic plants shall be produced via laboratory disease elimination techniques. Garlic planted in a foundation block shall be subject to inspection and testing procedures during the first year growth and development of the bulb.
(b) In an Nursery Increase Block or Certified Block. To be eligible for planting, garlic shall be foundation stock or registered stock.
(c) Qualification of Stock. A history of compliance may be established by inspection and testing as prescribed by this article for any garlic for which the disease status cannot be demonstrated to the satisfaction of the Department. The stock may be approved as registered stock or as certified stock at the end of three successive growing seasons provided it meets the requirements of this article. In addition, the initial amount to be entered shall be not more than 100 pounds and shall be inspected, sampled, and tested for stem and bulb nematode and white rot fungus as specified by the Department prior to planting.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.5. Requirements for Plantings.
(a) Location of Plantings. Each planting location shall be subject to inspection by the Department and shall be in a geographic area where contamination by stem and bulb nematode and white rot fungus from drainage, flooding, irrigation or other means is not likely to occur. The location requirements may be waived if the planting is made in a facility approved by the Department or if the land or soil has been treated in a manner approved by the Department to eliminate soil-borne pests.
(1) Each planting shall be on land which no Allium sp. has grown for five years prior to planting.
(2) Each planting shall be on land which is not known to be infested with white rot fungus.
(3) Each planting shall be on a farm where all plantings of garlic shall be planted with garlic that has been certified or the equivalent, and all plantings on the farm of any Allium sp. planting shall be subject to inspection and testing as required in this article.
(4) Each planting shall be at least 500 feet from any Allium sp. planting not entered in the program. This requirement may be waived if, in the judgement of the Department, there exists a sufficient natural barrier or if garlic not entered in the program has has an equivalent history.
(5) Each planting in an area which the disease status is unknown or cannot be demonstrated to the satisfaction of the Department may be granted a conditional acceptance. The Department may accept a site after a history of compliance has been established at the end of three successive growing seasons. At the end of such time, the Department may certify the stock as registered or certified provided the requirements of this article have been met.
(b) Maintenance of Plantings. Plantings entered in this program shall be kept in a good growing condition and pests shall be kept under effective control. 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.
(1) Laboratory propagation of garlic to be entered in this program shall be carried out under standard aseptic microbiological techniques at all stages prior to potting. Potting media shall be sterile. Suitable precautions shall be taken to guard against the introduction or spread of soil-borne pests into greenhouse facilities being used to grow-out such laboratory propagated garlic.
(2) Each foundation block, nursery increase block, and certified block shall be a separate planting of garlic. There shall be a minimum of six feet or one or more blank beds separating blocks or varieties within a block unless suitable precautions are taken to maintain identity.
(c) Harvesting, Cracking, and Storage of Garlic. Precautions shall be taken during harvesting, cracking, and storage to prevent the contamination by stem and bulb nematode and white rot fungus.
(1) Garlic shall be harvested, cracked, and stored separately in such a manner to preclude intermixing.
(2) Garlic shall be kept in containers that are new or clean and not previously used for any Allium sp. or that have been sanitized.
(3) Garlic shall be stored in sanitized storage areas after harvest and shall not be stored within the same storage facility with Allium sp. known to be infested with stem and bulb nematode or infected with white rot fungus. Certified garlic may be stored, with prior approval by the Department, with non-certified garlic provided that the non-certified garlic is not known to be infested with stem and bulb nematode or infected with white rot fungus, and further provided, that suitable precautions have been taken to preclude intermixing.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.6. Inspection and Testing Procedures.
Inspection and testing procedures approved by the Department to detect stem and bulb nematode and white rot fungus shall be conducted at times determined as suitable. To establish a history of compliance for the qualification of stock, Section 3044.4(c), or for a location, Section 3044.5(a)(4), the inspection and testing procedures shall be the same as those required for an nursery increase block. Additional inspections or tests may be required by the Department if seasonal conditions or other factors tend to obscure disease symptoms or make adequate inspection, or when stem and bulb nematode or white rot fungus or other serious pests are suspected. The Department may sample garlic from any planting or storage facility for inspection or testing purposes. Samples shall be furnished without charge.
(a) Inspections. To determine eligibility of a planting, the following inspections shall be made:
(1) For laboratory/greenhouse production, at least two inspections shall be made annually and may include the grow-out of laboratory propagated stock in greenhouse facilities.
(2) For all field plantings including plantings not entered in the program and other Allium sp., at least one growing season inspection.
(3) Harvest and/or storage inspection.
(b) Nematode Testing. Laboratory examination of a sample of garlic for the stem and bulb nematode shall be conducted for all plantings except as otherwise provided. Sampling for nematodes may be combined with the growing season inspection at the discretion of the Department.
(1) For laboratory/greenhouse production, a sample may be collected of mother stock or explant.
(2) For foundation plantings, a sample of garlic shall be collected at approximately 20-foot intervals and composited on a one acre basis; for plantings less than a quarter acre, a reasonable sample, but not more than 5% of the plants shall be collected from each selection or variety.
(3) For nursery increase block plantings, a sample of garlic shall be collected at approximately 20-foot intervals and composited on a one acre basis.
(4) For certified block plantings, at the option and on the request of the participant, a sample of garlic bulbs may be collected at approximately 40-foot intervals and composited on a four acre basis.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3044.7. Application and Fees.
(a) Application. Upon submitting an application, the applicant shall furnish information requested regarding each planting and shall consent to the taking of samples or plants by the Department from any planting for inspection or testing purposes. A separate application shall be submitted for each planting and may include more than one variety provided that they are entered as the same class.
(1) In the case of participants engaged in laboratory/greenhouse production, application, along with the required fees, shall be made 15 days prior to initiation of propagation or planting.
(2) A preliminary application for site approval of field plantings along with the required fees shall be submitted by August 1, prior to planting.
(3) A final application for all field plantings, including farm survey when required, along with the required fees shall be submitted for each planting by March 15. (continued)