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(4) A late application may be accepted by the Department provided that a late fee is paid and that the application is made sufficiently in advance of the times required to determine the eligibility of the stock and the suitability of the location, to supervise any treatment that may be required, and to adequately perform the inspections and tests outlined in this article.
(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 approval, inspection, testing, registration and certification procedures herein provided and are not to obtain any right or privilege. The schedule of fees for the services provided in this article are based upon the approximate cost of the services rendered. The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for approvals and inspections, including sampling and testing for the seed garlic certification program. The fees shall be:
(1) Laboratory/Greenhouse Production. $200.00 for each facility.
(2) Preliminary Application. $150.00 for all field plantings at the same location.
(3) Acreage Fee. In addition to the preliminary application fee, an acreage fee for each acre in excess of one acre or portion of an acre for the following field plantings:
(A) Foundation Block. $75.00 per acre or portion of an acre.
(B) Nursery Increase Block. $75.00 per acre or portion of an acre.
(C) Certified Block. $25.00 per acre or portion of an acre.
(D) Qualification of Stock or Site Inspection for a New Location. $75.00 per acre.
(4) Farm Survey of Non Certified Garlic and Other Allium sp. $10.00 per acre or portion of an acre.
(5) Stem and Bulb Nematode Testing.
(A) Qualification of Stock. $200.00 per variety or selection submitted.
(B) Optional Field Testing For Certified Plantings. $15.00 per acre or portion of an acre.
(6) The late fee shall be $100.00 for each application postmarked after the times established in this article.
(7) The Department may charge additional fees when due to conditions, total acreage entered, or number of tests performed, the fees established do not cover the cost of the service.
(8) The hourly rate for certification services shall be $50.00 per hour applied to travel time (portal to portal), field time, and documentation time.
(9) Fees paid for services that are not rendered shall be refunded to the applicant, less direct costs incurred by the Department.
(10) No fees shall be charged to the University of California or the United States Department of Food and Agriculture for registration or for inspection and testing of garlic provided there is no additional expense to the Department other than for observation of the inspection and testing required by 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 garlic to be entered or continued in the program.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3047. Application and Fees.
s 3048. Approval and Certification.
s 3049. 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 3049.1. Definitions.
(a) "Virus infected" means infected by a virus or having symptoms or behavior characteristic of a virus disease listed in Section 3049.3(a)(1)(B).
(b) "Index" means to test for virus infection by making a graft with tissue from the plant to be tested to an indicator plant or by other methods approved by the director. Information regarding such other methods may be obtained from the Department's Pest Exclusion Unit.
(c) "Off-type" means any strawberry plant different from the variety stated on the application for approval or certification.
(d) "Nuclear stock" means strawberry plants which were originally indexed and their progeny, which have been regularly reindexed and protected continuously from virus infection by Federal or State agencies.
(e) "Foundation stock" means strawberry plants that are first year propagation from plants that have been approved on the basis of annual indexing.
(f) "Registered stock" means strawberry plants that are first year propagation from foundation stock.
(g) "Certified stock" means strawberry plants that are first year propagation from registered stock.
(h) "Foundation block" means a planting of strawberry plants for the production of foundation stock.
(i) "Increase block" means a planting of strawberry plants for the production of registered stock.
(j) "Certified block" means a planting of strawberry plants for the production of certified stock.
(k) "Nuclear meristem stock" means strawberry plants which were propagated with meristematic tissue from a plant which had heat therapy and were originally index-tested and found free of known viruses by Federal or State agencies.
(l) "Clone" means a progeny of an individual strawberry plant which was produced asexually.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3049.2. General Provisions.
Participation in this program is voluntary and may be withdrawn at the option of the applicant.
Registration, certification, approvals and supervision shall be conducted by the Department.
(a) Except as otherwise provided, certification is based solely on visual inspections of sample plants from each planting.
(b) Responsibility of Applicant. The applicant shall be responsible for:
(1) The selection of the location and the proper maintenance of a planting being grown under the provisions of this article.
(2) Maintaining the identity of all nursery stock entered in the program.
(3) Notifying the Department at least one week in advance of planting and harvesting as to when they will commence and notifying the Department of the location where the plants will be trimmed and stored.
(4) Maintaining the identity of each lot of plants in the participant's possession and placing the required information on each certification tag furnished by the Department.
(c) Location of Plantings.
(1) General. Each planting location shall be in an area which is isolated from plantings for strawberry fruit production to prevent spread of infectious pests or virus diseases. Any land planted shall have been free of strawberry plants for the previous year, except when treated for soil-borne pests in an approved manner under the supervision of the Department. Any planting may be enclosed by an approved insect-proof screenhouse, and when this is done the distance from other plantings or plants as specified in this article to minimize spread of virus diseases shall not be required providing varieties, plant blocks and plants to be indexed are kept separate in an approved manner to maintain plant identity. Native strawberry plants presenting no evidence of virus infection are excluded from required isolation distances for planting.
(2) Foundation blocks shall be located at least one mile from any other strawberry plants except those in foundation blocks determined to be of equal pest status. Foundation blocks shall be clone planted. Each plant in a foundation block selected for testing by indexing together with its runners shall be kept separate from all other plants in the block by an open space of 12 inches or by an artificial barrier to maintain plant identity.
(3) Increase blocks shall be located at least one mile from any other strawberry plants to prevent spread of virus disease. When danger of possible spread of virus diseases from one block to another does not appear to exist the one mile distance may be waived and increase blocks and certified blocks may be planted adjacent to each other.
(4) Certified blocks shall be located at least one mile from any strawberry plants maintained for the purpose of commercial fruit production and not less than 500 feet from any other strawberry plants not entered in the program to maintain plant identity and prevent spread of virus diseases.
(d) Maintenance of Plantings.
(1) Any planting entered in this program shall be kept in a thrifty growing condition and pests shall be kept under intensive control. To maintain plant identity, each variety shall be planted at least 12 feet from any other variety and runners shall not be permitted to cross over an open space of 12 inches maintained between such varieties. If a screenhouse is used for any planting, it shall be maintained in such condition that insect vectors cannot enter. Plants of each variety shall be harvested separately from all other varieties and continuously kept separate. In a foundation block each plant that has been tested by indexing, together with its runner plants, shall be harvested separately. Plants must be harvested after one growing season in order to be eligible for approval or certification.
(2) Any plant found to be off-type shall together with its runner plants be removed immediately from any planting.
(e) Eligibility for Planting.
(1) In a foundation block: To be acceptable for planting in a foundation block, a plant shall be (A) nuclear meristem stock; (B) nuclear stock; (C) foundation stock; or (D) registered stock, certified stock, or plants determined to have an equivalent known history providing each plant in the foundation block is to be tested by indexing or by other approved methods for the detection of virus infection. More than one variety may be planted in a foundation block providing they are of equal pest status.
(2) In an increase block: To be acceptable for planting in an increase block a plant shall be first year propagation from foundation stock produced in a foundation block.
(3) In a certified block: To be acceptable for planting in a certified block a plant shall be first year propagation from registered stock produced in an increase block or first year propagation from foundation stock produced in a foundation block.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3049.3. Inspection and Testing Procedures; Refusal or Cancellation of Approval or Certification.
(a) To Determine Eligibility for Approval or Certification:
(1) Inspection and testing procedures prescribed in this article shall be conducted by the Department in a manner and at times determined as suitable. The applicant will be notified of the findings of pests. Any plant in any planting may be tested by indexing or by other approved methods for the detection of virus infection. Testing procedures shall be conducted in a greenhouse.
(A) Each clone in a foundation block and a minimum of 3 percent of the plants planted therein shall be tested one or more times annually by indexing or by other approved methods for the detection of virus infection. All plants in a foundation block shall be tested in such a manner if the source of any of the propagating stock is registered stock or certified stock or has an equivalent known history.
(B) Foundation stock shall be tested for the specific virus diseases using the specific indicator plants listed below:
Indicator Plant Disease
Fragaria virginiana selection Mottle Leafroll
and/or Veinbanding Witchesbroom
Fragaria (alpine) vesca selection Crinkle Latent ..C"
Pallidosis Feather leaf
Necrotic shock Mild yellow edge
Tomato ringspot Pseudo mild
yellow edge
(C) At least two visual inspections shall be made of each planting prior to harvest and in addition plants shall be inspected at digging time. Inspection for the detection of harmful nematode pests may be made using laboratory methods and is required for approval as foundation stock or as registered stock.
(b) Refusal or Cancellation of Approval or Certification:
(1) Failure to comply with the requirements of this article shall be cause for refusal or cancellation of approval of plants as "foundation stock," "registered stock," or certification as "California certified strawberry plants."
(2) The certification or approval as foundation stock or as registered stock of a plant or plants in part or all of a planting shall be refused or cancelled when it is determined that:
(A) the plant is off-type;
(B) the plant, clone or planting is virus infected;
(C) the pest cleanliness requirements for nursery stock in Section 3060.2 of the nursery inspection regulations have not been met.
Reactions to indicator plants caused by unknown factors may also be cause to disqualify the specific foundation selection tested.
(3) Any plant or clone found virus infected or suspected of virus infection may be required to be rogued or may be refused for further propagation. Any planting in which a plant is found to be virus infected may be refused, if it is determined that spread of the virus may have occurred, except: (A) when the total of virus infected plants in a certified block does not exceed 0.5 percent; (B) aster yellows disease is found in a planting and it is determined that the infected plants are readily identifiable and can be removed under the supervision of the Department.
(4) Any planting in which off-type plants are found to exceed 0.2 percent shall be refused, except that in a planting which has been clone planted, the off-type plants may be removed under the supervision of the Department if it is determined that all of the off-type plants are readily identifiable and can be removed.
(5) Each plant together with all its runner plants shall constitute one unit, and the results of either field inspections or index tests or both may be used, as a basis for calculating percentages.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3049.4. Approval and Certification.
(a) Approval: The Department will approve as "foundation stock" or "registered stock" plants that have met the requirements of this article, and will, for their identification, authorize the use of official tags for "foundation stock" or "registered stock."
(b) Certification: The Department will certify plants that have met the requirements of this article for certification and will authorize for the identification of such stock, the use of official certification tags.
(c) Identity: Any person selling "foundation stock," "registered stock" or "California certified strawberry plants" is responsible for maintaining identity of the nursery stock bearing an official tag while the stock is in possession of the seller and for such nursery stock meeting the requirements of this article.
(d) Accountability: Persons issued tags authorized by this article shall account for sock produced and sold and tags used and shall record such production, sale, and use on an inventory sheet provided by the Department. The inventory sheet shall be submitted to the Department annually.
(e) Certification by a Second Party: Strawberry plants produced by a participant in the certification program in accordance with the provisions of this article may be eligible for certification by a second party provided:
(1) The second party submits an application, pays the required fees, and signs the agreement required by Section 3069;
(2) The certification tags are stamped by the second party with his name and address and the block number of the producer of the plants.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3049.5. 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 or certification and may be refused unless made sufficiently in advance of the time of planting to permit the Department to establish the origin of the stock, determine the history of the location and supervise any treatment that may be required.
(b) Fees. The Department shall establish a schedule of fees for services provided in this article. Fees are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the inspection, approval and certification services provided and are not to obtain any right or privilege. Fees shall be submitted at the time of application, except that fees may be paid after planting upon prior approval by the Department.
(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 plants provided there shall be no expense to the Department other than for observation of the inspection and testing required in the article, and for the keeping of records. When the procedures prescribed in the 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 plants to be entered or continued in the program.
(2) With respect to all of the fees, the Department may require a larger fee on any or all plantings entered when, because of conditions and total acreages entered, the fees will not cover the cost of the service. This may apply to districts or the entire State.
(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 3050. General Provisions.
s 3051. Inspection and Testing Procedures.
s 3052. Application and Fees.
s 3053. Approval and Certification.
s 3055. Disclaimer of Warranties and Financial Responsibility.
The provisions of Section 3069 shall apply to this article.
Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.1. Definitions.
(a) "Approved treatment" means any soil preparation, treatment, and post-treatment recontamination preventative measures that are approved, documented, and supervised by the Department as a means of producing nursery stock free of nematodes.
(b) "Soil" includes, but is not limited to, what is generally known as soil, mixtures of soil and horticultural soil amendments, and horticultural soil amendments alone, as blends, or as mixtures, used as a plant growing medium.
(c) "Approved laboratory methods" means any soil sampling plans; growing plot or sample identification methods; sample protection, transportation, and processing methods; nematode extraction methods; and nematode diagnostic procedures approved by the Department to test soil and plants for the presence of nematodes.
(d) "Free of nematodes" means free of nematodes consistent with the capacity of the approved treatment and approved laboratory methods prescribed in this article respectively to yield nursery stock free of nematodes or to detect low level nursery stock nematode infestations. It does not mean complete freedom and nematodes may be present consistent with the limitations inherent to the prescribed approved treatment and approved laboratory methods.
(e) "Nematode" means nematode species that the Department determines to be economically important.
(f) "Participant" means any person for whom the Department has approved an application for nursery stock nematode certification.
(g) "Program" means the nursery stock nematode certification program administered by the Department pursuant to these regulations.
(h) "Department" means the California Department of Food and Agriculture, the Secretary of Food and Agriculture, and its agents, employees, or representatives.
Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.2. General Provisions.
(a) California grown nursery stock may be certified to nematode cleanliness when grown and handled in accordance with the procedures outlined in this article.
(b) Participation in this program is voluntary and may be withdrawn at the option of the applicant.
(c) Approvals, inspections, tests, supervision, determinations, and certifications shall be conducted by the Department or its authorized agents.
(d) Refusal, Suspension, or Termination of Certification.
The Department reserves the right to refuse certification services to anyone and may refuse, suspend, or terminate certification for part or all of a planting if:
(1) The requirements of this article have not been met; or,
(2) Participant responsibilities specified in this article are not met; or,
(3) Any condition which hinders or prevents proper treatment, approval, field or plant sampling, or laboratory nematode diagnostics; or,
(4) A planting or part of a planting is found to be nemotode infested; or,
(5) The identity of the stock becomes uncertain or has not been properly maintained; or,
(6) Indicia of certification are misused or stock is misrepresented.
Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.3. Participant Responsibilities.
All participant responsibilities specified in this article shall be performed at the expense of the participant. The participant shall be responsible for:
(a) Application for nursery stock nematode certification.
(b) Selection of planting location(s).
(c) Soil treatments.
(d) Post-treatment cultural and sanitation practices necessary to help prevent nematode recontamination.
(e) Notifying the Department of the date of all pest control treatments in plantings for which inspections are scheduled, the product used, dosage and any re-entry or worker safety requirements which apply. This notification is required to assure that approvals and inspections may be made properly and in accordance with state law governing worker health and safety for pesticide exposure. Such notification need not be made at times when inspections are not scheduled.
(f) Proper use of all official indicia of certification provided by the Department.
(g) Compliance with the requirements of this article and with all other applicable laws and regulations.
Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.4. Eligibility.
Any clearly identified block or lot of nursery stock being grown in soil which, at the time of application, can be determined to be free of nematodes may be entered for certification of nematode freedom at the time of harvest and/or sale. Nursery stock meeting the requirements of this article shall be eligible for certification using official indicia of certification for a period of not more than two growing seasons after approved soil treatment and planting; or, 12 months after the nursery stock has been determined to be free of nematodes based on approved laboratory methods. In either of the foregoing cases, eligibility will be invalidated if, after harvest, nursery stock is stored in untreated soil or otherwise exposed to nematodes.
Note: Authority: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.5. Certification.
The Department will issue and authorize the use of official tags, seals or other indicia of certification on nursery stock which meets the requirements of this article. Nursery stock may be certified for nematode freedom in accordance with subsection (a) or (b) below.
(a) Certification Based on Approved Treatment.
Certification based on approved treatment involves the planting of nursery stock (including seed, unrooted cuttings, rooted cuttings, plantlets or seedlings) in approved treated soil and protecting it against nematode contamination until harvest and sale. Rooted planting stock must be determined to be free of nematodes using approved laboratory methods prior to planting in approved treated soil. Prescribed soil preparation requirements must be documented and approved chemical treatments must be both supervised and documented by the Department. All documentation and required supervision may be performed at the time of treatment.
(1) Field Treatment.
(A) Pre-Treatment Soil Preparation.
1. Trash Removal.
Plant material must be removed and the planting site shall be disced to reduce the size of trash remaining so that the treatment will be effective. Both trash removal and discing shall be performed to the satisfaction of the Department.
2. Waiting Period.
A clean-fallow period shall be maintained, after trash removal and before treatment, as follows:
a. Not less than 24 months following removal of an orchard or vineyard that has been in place for more than one year.
b. Not less than nine months following removal of a previous woody nursery crop which has been in place for more than one year.
c. Not less than six months following removal of a nematode host crop which has been in place for less than one year.
d. No waiting period is required after the removal of an annual vegetable plant crop.
3. Soil shall be worked to a depth of two to three feet to break up hardpan or plowsole. Soil moisture and cultivation shall be adequate to render the soil in seed bed condition.
(B) Treatment.
All applications of pesticides must be made in compliance with the applicable laws and regulations.
1. Soil temperature at depth of injection shall be 40 degrees F and 80 degrees F. If the soil temperature is above 80 degrees F, but 85 degrees F or less, the dosage of methyl bromide should be increased by 5% over the minimum specified by the Department.
2. Materials and Schedules of Dosages.
The rate per acre for the fumigant used shall not be less than the minimum prescribed by the Department. Treatments for soils containing more than 30% clay may not be approved.
3. Treatments in accordance with these procedures shall be good for 18 months from the date of treatment to planting date provided that the treated area is clean-fallowed and otherwise not exposed to nematode reinfestation.
4. Application methods include dual application, tarping (solid and strip), or any other suitable method as approved by the Department. The tarp used in a methyl bromide fumigation shall remain in place for 48 hours.
5. Any lot of rooted nursery stock which has not been approved in the nematode control program must be sampled using approved laboratory methods, and found to be free of nematodes, prior to planting in approved treated soil.
6. Nursery stock produced in accordance with these approved procedures shall be stored, healed-in, or calloused in media, beds, or storage areas approved by the Department. Treatments may be required to protect against nematode infestation.
(2) Container, Flat, and Frame Grown Nursery Stock.
All soil, containers, flats, and soil within frames shall be treated prior to planting. Following treatment, the soil and containers shall be protected from reinfestation by nematodes. The following are approved treatments:
(A) Aerated steam in a closed chamber until all soil reaches a temperature of not less than 140 degrees F and is maintained for not less than 30 minutes; or,
(B) Steamed in a closed chamber until temperature of all soil reaches 180 degrees F; or,
(C) Fumigated under a plastic tarpaulin or in a gas-tight chamber for 24 hours using two pounds of methyl bromide per 100 cubic feet. Soil temperature shall not be lower than 50 degrees F at start of treatment.
(b) Certification Based on Approved Laboratory Methods.
The following, or other, laboratory methods approved by the Department shall be used to determine nematode freedom. Any sample in which nematode is detected shall be considered infested and not eligible for certification under the provisions of this article unless there is a Department-approved eradicative treatment and the participant so treats the nursery stock.
(1) Field Grown Nursery Stock, Generally.
Collect samples on a 40 foot x 40 foot grid interval throughout the planting. Samples may be composited on an acre or nursery stock variety basis. Alternatively, at the discretion of the Department, samples may be collected on an 80 foot x 80 foot grid interval and composited on a two-acre basis when either of the following conditions have been met:
(A) The planting site has been treated at the product labeled rate for the kind of nursery stock being produced.
(B) No nematodes have been found by laboratory methods in the previous two successive nursery crops on the growing site.
(2) Container, Flat, and Frame Grown Nursery Stock.
A composite sample is to be obtained from every 100 square feet of bench or frame space. Each sample should be kept to a logical and practical size as determined by the Department.
(3) Delimitation.
When an original sample is positive for nematodes, delimitation sampling may be performed on a 20 foot x 20 foot grid interval with samples composited on a 1/4-acre basis. All delimitation shall be done at the Department's discretion. Any nursery stock represented by a delimitation sample in which a nematode is detected is considered infested. Any nursery stock represented by a delimitation sample that is free of nematodes shall be eligible for certification.
(4) Bare root sampling may be performed using procedures approved by the Department.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
s 3055.6. Application and Fees.
(a) Application.
The applicant shall furnish any information requested regarding the planting and shall consent to the taking of samples by the Department for inspection or testing purposes. The required fees shall accompany each application submitted.
(1) An application for approval of a soil treatment shall be submitted with the Department 15 days prior to the planned start of treatment to allow for scheduling of inspections and to verify stock eligibility.
(2) An application for testing using approved laboratory methods shall be submitted to the Department by not less than 15 days prior to the month in which sampling must be performed to allow for workload scheduling.
(3) A late application may be accepted as workload, scheduling, and staffing permit. If workload, scheduling, or staffing do not allow for required testing using approved laboratory methods, a late application will be refused.
(b) Fees.
Fees established by this article are payable in advance of the work to be done and are for the sole purpose of defraying expenses incurred in the approval, inspection, sampling, and determination procedures and are not to obtain any right or privilege.
(1) The Department shall establish a schedule of fees for the services provided in this article based upon the approximate cost of the service rendered.
(2) The Department may charge additional fees when due to conditions, total acreage entered, or number of samples and/or determinations made, the fees established will not cover the cost of the service.
(3) The Department may establish a late fee for applications.
(4) Fees paid for services that are not rendered shall be refunded to the applicant provided, however, that amounts refunded may be prorated based on the amount of work actually performed by the Department in the administration of the requirements of this article.
(c) Fee Schedule.
(1) The Secretary of Food and Agriculture, pursuant to Section 5822 of the Food and Agricultural Code, hereby establishes fees for inspections, including sampling and testing, and special treatments for the nursery stock nematode certification program. The fees shall be:
(A) Supervision of Soil Treatments.
1. $45.00 per hour per site when the application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment.
2. $100.00 late fee plus $45.00 per hour per site when the application is postmarked less than fifteen (15) days prior to initiation of the treatment.
(B) Sampling. $45.00 per hour.
(C) Testing. $40.00 per sample submitted.
(D) Supervision of Commodity Treatments.
1. $45.00 per hour when application is postmarked a minimum of fifteen (15) days prior to initiation of the treatment.
2. $100.00 late fee plus $45.00 per hour when application is postmarked less than fifteen (15) days prior to initiation of the treatment.
(2) When calculating service charges, the hourly rate shall be applied to travel time (portal to portal), field time, and documentation time.
Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Section 5822, Food and Agricultural Code.
s 3056. Tree Identification.
Note: Authority cited: Sections 407 and 435, Food and Agricultural Code.
s 3060. Nursery and Seed Inspection.
Definitions. The following definitions, in addition to those stated in Subarticle 10 Sections 25-49 and 5001-5008 of the Food and Agricultural Code, apply to this article.
(a) "Qualified nursery and seed inspector" means a representative of the County Agricultural Commissioner who:
(1) Possesses a State certificate of qualification in Nursery and Seed Regulation and Plant Quarantine and Pest Detection, or
(2) A member of a Commissioner's staff possessing required experience and education, studying for State certification, and working under the supervision of a qualified nursery and seed inspector.
(b) "Noxious weed seed" is as defined in Subarticle 10 Section 52256 of the Food and Agricultural Code.
(c) "Turf" means field cultivated turfgrass sod consisting of grass varieties, or blends of grass varieties, and Dichondra for use in residential and commercial landscapes.
Note: Authority cited for Sections 3060 through 3060.5: Sections 407, 6901-6904, 6961-6970, and 52333, Food and Agricultural Code. Reference: Sections 5821-5827, 6901-6904, 6961, 6965, 6968, and 52333, Food and Agricultural Code.
s 3060.1. Inspection of Nurseries.
(a) Each Commissioner shall inspect nursery stock, other than seed, which is being grown or sold as often as is required to assure compliance with pest cleanliness.
Note: Authority cited: Sections 407, 6502, 6901, and 6902, Food and Agricultural Code. Reference: Sections 6502, 6901-6904, and 6961, Food and Agricultural Code.
s 3060.2. Standard of Cleanliness.
Any person selling, handling or growing nursery stock, other than seed, produced, held, or offered for sale, shall maintain the following standard of cleanliness of nursery stock in his possession.
(a) All nursery stock shall be kept commercially clean in respect to established pests of general distribution. Commercially clean shall mean that pests are under effective control, are present only to a light degree, and that only a few of the plants in any lot or block of nursery stock or on the premises show any infestation or infection, and of these none show more than a few individuals of any insect, animal or weed pests or more than a few individual infestations of any plant disease.
(b) All nursery stock shall be kept free of:
(1) Pests of limited distribution including pests of major economic importance which are widely, but not generally distributed, except as provided in section 3060.4 (a)(1)(C) below; and
(2) Pests not known to be established in the State. Included in the meaning of this paragraph is that turf shall be kept free of noxious weeds.
(c) Where the Commissioner or Secretary determines that a history of weed pest problems exists, turf shall be grown on soil treated with methyl bromide in accordance with treatment and handling procedures approved by the Department. Weed pests established in and around the growing grounds shall be controlled to a point that they are not likely to infest the growing turf. In addition, the Commissioner or Secretary may require clean fallowing, trap cropping, or other cultural controls as may be necessary to assure the pest cleanliness of the turf when shipped.
Note: Authority cited: Sections 407 and 6901, Food and Agricultural Code. Reference: Sections 6901-6904, Food and Agricultural Code.
s 3060.3. Requirements for Seed Shippers to Use Nursery Stock Certificates.
Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 6901-6904, 6961, and 52333, Food and Agricultural Code.
s 3060.4. Enforcement.
(a) The Commissioner shall keep records of inspections made and of orders issued to enforce this article.
(1) Inspections of the growing grounds, storage yards, and sales places of nursery stock, other than seed, shall be performed by a qualified nursery and seed inspector who shall make a sufficient examination of all varieties and all lots or blocks of nursery stock and all established plants, appliances, and other things thereon as may be necessary to determine compliance with this article.
(A) The inspection shall be substantiated by the filing with the Commissioner of a report of such inspection showing the names of pests and infested or infected host plants and their location in the nursery, and the disposition of all blocks of stock found infested or infected to a degree greater than the minimum requirements of this article.
(B) The Commissioner or the Director may require by a written order that any nursery stock found infested or infected with a pest shall be isolated or safely delimited in a manner approved by the Commissioner or the Director, and may specify that the pest shall be controlled or eradicated, or that the infested or infected plants shall be disposed of in a manner satisfactory to the Commissioner or the Director within a reasonable specified length of time.
(C) The Secretary may permit nursery stock which may be infested with pests, subject to quarantine regulations or Section 3060.2(b)(1), to be sold for planting or for resale for planting, within the area under quarantine or area infested with a specified pest, where the nursery stock is offered for sale, provided that:
1. a quarantine or other pest shall not be eligible for movement as described in this section unless it has been so designated herein by the Secretary (the Secretary has designated Homalodisca coagulata, glassy-winged sharpshooter, as eligible for movement as described in this section); and
2. the nursery stock is moved between points within the area under quarantine or within the area infested with the specified pest and involves no movement outside thereof; and
3. the pest is not under eradication in the quarantine or infested area; and
4. movement of the nursery stock is not specifically prohibited by the quarantine regulation or local ordinance; and
5. the nursery stock is commercially clean.
(D) Nursery stock which does not meet the standards of cleanliness prescribed in Subarticle 10 Section 3060.2 shall not be sold except as provided in (C) above or under a written agreement between the buyer and seller which discloses the following:
1. failure to comply with the standards of cleanliness;
2. affirmation of the buyer's agreement to purchase the stock on an "as is" basis; and
3. written agreement by the destination department of agriculture the stock for planting by the buyer or resale at retail for non-farm use in the destination county or state.
(2) Inspection of seed for the purpose of issuing nursery stock certificates shall be in accordance with the methods prescribed for official sampling and examination of seed for noxious weed seed under the California Seed Law. Sampling and examination shall be performed by a qualified nursery and seed inspector or by a seed botanist of the Department. The inspection is to be substantiated by the filing with the Commissioner of a report by the inspector for each six-month period showing that the shipper has complied with this article.
(b) Notification.
(1) When an application to sell nursery stock is received from a person not previously licensed at the location involved, the Director shall notify the Commissioner allowing 15 days for the Commissioner to make whatever recommendations he deems appropriate regarding the issuance of the license.
(2) Upon receipt of notice from the Commissioner that a licensee or applicant for a license has failed to comply with the standard of cleanliness set forth herein or has failed to comply with a written order issued by the Commissioner, the Director will take appropriate action against the application or license involved.
(3) The Commissioner shall notify the Director of the issuance, suspension, or revocation of nursery stock certificates to any shipper.
(4) The Commissioner shall notify the Director when a shipment of nursery stock from within the State is found infested or infected with a pest in violation of the standard of cleanliness herein established.
(c) Suspension. The use of nursery stock certificates shall be suspended, as to all nursery stock, other than seed, or as to infested or infected and exposed host plants:
(1) Upon finding in the nursery any new pest, determined by the Director to be of serious importance to agriculture or pending such determination, until isolation, clean up, or eradication in a manner approved by the Director is complied with; or
(2) Upon finding in the nursery any pest that is required by this article to be kept under intensive control until either
(A) All hosts or carriers likely to be infested or infected are prohibited movement by a written hold order or
(B) Adequate precautions or intensive control measures have been applied which will assure the pest cleanliness of hosts or carriers when shipped; or
(3) Upon finding in the nursery an infestation or infection or any established pest of general distribution in a degree greater than commercially clean, until such infestation or infection is controlled to the satisfaction of the Commissioner or Director.
(d) Revocation. Nursery stock certificates shall be revoked:
(1) As to nursery stock, other than seed, upon repeated findings within the preceding twelve months that the shipper has failed to maintain the standard of cleanliness herein prescribed;
(2) As to nursery stock, including seed, upon finding that the shipper has violated any law or regulation pertaining to nursery stock, including seed, or the requirements of this article.
(e) Refusal. Issuance of nursery stock certificates may be refused if during the preceding twelve months:
(1) An authorization of the shipper to use nursery stock certificates has been revoked; or
(2) The shipper has failed or refused to comply with any law or regulation pertaining to nursery stock or pests; or
(3) Conditions in or around the nursery have exposed nursery stock to infestation by pests, including weed seeds, and for which adequate precautions or control measures cannot be or have not been applied.
Note: Authority cited: Sections 407, 6901 and 6961, Food and Agricultural Code. Reference: Sections 6901-6904 and 6961, Food and Agricultural Code.
s 3060.5. Certificates.
(a) Form of Certificates.
(1) Nursery stock certificates shall be in essentially the following form:
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CALIFORNIA NURSRY STOCK CERTIFICATE
For Interstate and Intrastate Shipments
No. _____________________________________
This plant material or nursery or premises from which this shippment was made
has been inspected and found free from especially injurious plant pests and
disease symptoms.
THIS SHIPMENT NEED NOT BE HELD FOR INSPECTION IN CALIFORNIA
(date optional)
Issued by:
(county) County Agricultural Commissioner and California Department of Food
and Agriculture, Sacramento 95814
(2) Certificates shall bear an identification number issued or Authorized by the Commissioner.
(3) A Commissioner may either issue certificates or authorize a shipper to reproduce a facsimile of the nursery stock certificate in the form and manner approved by the Commissioner. Such certificates shall be reproduced in a legible and conspicuous manner.
(b) Use of Certificates.
(1) No nursery stock certificate shall be used:
(A) On any shipment of nursery stock, other than seed, any portion of which was grown by a nursery not eligible to use nursery stock certificates, unless such portion of the shipment is duly inspected and found to meet the minimum requirements for pests set forth herein;
(B) By any person other than the shipper to whom issued;
(C) On any shipment of nursery stock for which movement from certain areas is restricted by specific California quarantine regulations unless accompanied by the required quarantine certificate or permit;
(D) On any shipment into any county where such movement is restricted by a requirement of the Commissioner of the county of destination pursuant to Subarticle 10 Sections 6505 and 6961 of the Food and Agricultural Code;
(E) On any shipment of plants not in compliance with the minimum standards of cleanliness prescribed in this article.
(2) The Commissioner may affix a nursery stock certificate on a noncommercial shipment of plants which the Commissioner inspects and finds to meet the requirements of this article.
Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 6901-6904, 6961, and 52333, Food and Agricultural Code.
s 3060.6. Requirements of Shippers of Nursery Stock Removed from Established Plantings.
(a) Nursery stock also includes trees, shrubs, or other plants which are removed from established farm or landscape plantings or from their native habitat for planting, propagation or ornamentation. A license to sell nursery stock is required for sale of such nursery stock.
(b) Such nursery stock shall not be moved unless accompanied by a shipping permit issued by the Commissioner, or a nursery stock certificate if all conditions for its issuance have been met. Nursery stock found not in compliance with the standard of cleanliness, or for which an adequate inspection cannot be made, or on a property infested with a pest described in paragraph (b) of Subarticle 10 Section 3060.2, shall be placed under hold order until brought into compliance or adequately inspected, unless movement of such stock is permitted only under restriction with the knowledge of the Commissioner at point of destination and the person receiving the stock. The Commissioner shall notify the Director when finding nursery stock has been moved in violation of this article.
Note: Authority cited: Sections 407, 6901-6904, 6961, and 52333, Food and Agricultural Code. Reference: Sections 5701, 6721, 6901-6904, 6961, 6965, and 6968, and 52333, Food and Agricultural Code.
s 3061. Labeling.
The following is established as an exception of the individual plant labeling requirement specified in Food and Agricultural Code Subarticle 10 Section 53482:
Nursery stock, when offered for sale, may be labeled as to botanical name, kind or variety or common name at the discretion of the person offering it for sale. If such stock is labeled, it must comply with Section 53841 et seq., Food and Agricultural Code.
Note: Authority cited: Sections 407, 53391, 53392 and 53482, Food and Agricultural Code. Reference: Sections 53392 and 53481-53483, Food and Agricultural Code.
s 3062. Grade-Sizes.
(a) General Provisions. Nursery stock, when offered for sale, need not be graded and tagged at the discretion of the person offering the stock for sale; but if it is graded and tagged, it must meet the requirements of this article. Nursery stock when graded by size shall have a well-developed root system and the canes or top-growth shall have proportionate weight and caliper according to grade-size and variety. The number and length of the canes or top-growth specified for each grade-size shall refer to the number and length before such canes or top-growth are cut back or pruned in preparation for sale. Nursery stock which has been cut back or pruned may be compared with other stock of the same class which has not been cut back or pruned, to determine compliance with the grade-size established herein.
(b) Roses. Field-grown bare root rose bushes harvested after the second season of root growth shall be labeled with the grade-size on each bundle when sold at wholesale. Rose bushes which do not meet the lowest grade-sizes shall be labeled as "substandard" whenever sold at wholesale.
The grade-sizes hereby established for each classification of rose bushes are minimum sizes and not more than 10 percent of the roses in any lot shall be below the size specified.
(1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, and Moss Roses. No. 1 rose bushes shall have three or more strong canes, 16 inches and up, branched not higher than three inches above the bud union.
No. 1 1/2 rose bushes shall have two or more strong canes, 15 inches and up, branched not higher than three inches above the bud union. (continued)