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(continued)
No. 2 rose bushes shall have two or more strong canes, 12 inches and up, branched not higher than three inches above the bud union.
No. 3 rose bushes shall be of good salable and plantable quality.
(2) Floribunda Roses. No. 1 rose bushes shall have three or more strong canes, 15 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, 14 inches and up, branched not higher than three inches above the bud union.
No. 2 rose bushes shall be of good salable and plantable quality.
(3) Polyantha and Low Growing Floribunda Roses. No. 1 rose bushes shall have four or more canes, 10 inches and up, branched not higher than three inches above the bud union.
No. 11/2 rose bushes shall have three or more canes, eight inches and up, branched not higher than three inches above the bud union.
No. 2 rose bushes shall be of good salable and plantable quality.
(4) Climbing Roses. No. 1 rose bushes shall have three or more strong canes, 24 inches and up, branched not higher than three inches above the bud union or crown.
No. 1 1/2 rose bushes shall have two strong canes 18 inches and up, branched not higher than three inches above the bud union or crown.
No. 2 rose bushes shall be of good salable and plantable quality.
Effective September 1, 1985, the grade-sizes for roses shall be as hereafter specified. At the same time, the foregoing grade-sizes for roses shall be void. The grade-sizes for each group of bush rose classifications are minimum sizes and not more than ten percent of the roses in any bundle shall be below the size specified. As used in the grade-sizes below, "strong cane" means a cane that is at least 3/16 of an inch in caliper regardless of its length, and is healthy, vigorous, and fully developed so that it is hardened off throughout the specified length for the grade.
(1) Tea, Hybrid Tea, Grandiflora, Rugosa Hybrids, Hybrid Perpetuals, Moss, and Climbing Roses.
No. 1 rose bushes shall have at least three strong canes, 16 inches (40.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 1 1/2 rose bushes shall have at least two strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
(2) Floribunda Roses.
No. 1 rose bushes shall have at least three strong canes, 15 inches (38.1 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 1 1/2 rose bushes shall have at least two strong canes, 14 inches (35.6 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 2 rose bushes shall have at least two canes one of which shall be a strong cane, 12 inches (30.5 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
Note: Although the grades for floribunda roses are not significantly different from those for the hybrid teas, grandifloras, and others of that group, as applied they normally should be expected to result in the marketing of rose bushes which are, on the average, lighter for this class.
(3) Polyantha and Low Growing Floribunda Roses.
No. 1 rose bushes shall have at least four canes, 10 inches (25.4 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 1 1/2 rose bushes shall have at least three canes, 8 inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
No. 2 rose bushes shall have at least two canes, eight inches (20.3 cm) and up, branched not higher than three inches (7.6 cm) from the bud union.
(c) Deciduous Fruit, Almond, Walnut and Pecan Trees. Grade-sizes are hereby established for the following kinds of nursery stock: almond, apple, apricot, cherry, fig, nectarine, peach, pear, pecan, persimmon, plum, prune, quince and walnut. Whenever these kinds are sold bare root in lots of ten or more of one variety, each bundle shall be labeled with the grade-size except that the grade-size shall not be required for flowering ornamental varieties, dwarf trees, multiple budded trees, dormant budded trees, unbudded rootstocks, or for trees individually packaged for use in the retail trade. The grade-size specified is the lower limit of a range of sizes up to the next highest grade-size specified. Not more than 10 percent of the trees in any bundle shall be less than the lower limit of the size specified and not more than 20 percent shall exceed the upper limit. Trees shall be graded by caliper to be measured two inches above the center of the bud union or, if not budded, two inches above the crown.
(1) Yearling trees (two-year-old roots) and older shall be graded in the following sizes:
1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm), 1 inch (25.4 mm). Grade-sizes less than 1/4 inch shall be graded "substandard." Grade-size larger than 1 inch (25.4 mm) shall be graded and labeled in 1/4 inch (6.4 mm) increments.
(2) June buds (one-year-old roots) shall be graded in the following sizes:
3/16 inch (4.8 mm), 1/4 inch (6.4 mm), 5/16 inch (7.9 mm), 3/8 inch (9.5 mm), 1/2 inch (12.7 mm), 5/8 inch (15.9 mm), 3/4 inch (19.1 mm) and up. Grade-sizes less than 3/16 inch shall be graded "substandard."
(d) Grapevines. Whenever grapevines are sold bare root in lots of 25 or more of one variety each bundle shall be labeled with the grade-size. The grade-sizes hereby established are minimum sizes and not more than 10 percent of the vines in any lot shall be below the size specified. In addition to the minimum size specifications established for grapevines, rooted cuttings of grape rootstock varieties shall be graded by length and caliper size of the original cutting: length of rootstock to be measured from the uppermost node from which the top-growth originates to the basal node where roots develop; caliper size to be measured equidistant between the node from which the top-growth develops and the node immediately below. The following grade-sizes are hereby established:
(1) No. 1 grapevines shall have a well-matured top-growth at least eight inches (20.3 cm) in length and shall have a well-developed root system originating from the basal node of the original cutting.
If such vines have been produced by grafting or budding, the unions thereof shall be complete and sound without surplus callus tissue; no roots or suckers shall proceed from the scion portion, and no suckers shall proceed from the rootstock portion thereof.
Rooted cuttings of grape rootstock varieties shall be at least 14 inches (35.6 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm).
Grapevines which meet the minimum size specifications for a No. 1 grapevine and in addition have one or more 14-inch (35.6 cm) canes of well-matured top-growth may be labeled with the grade-size designation, "Jumbo."
(2) No. 2 grapevines shall have healthy live roots originating from the basal node of the original cutting and shall have a well-matured top-growth at least four inches (10.2 cm) in length or a total of at least eight inches (20.3 cm) of well-matured top-growth.
If such vines have been produced by grafting or budding, the unions thereof shall be sound without a prominent surplus of callus tissue.
Rooted cuttings of grape rootstock varieties shall be at least 10 inches (25.4 cm) in length and have a caliper size of at least 1/4 inch (6.4 mm).
(3) Substandard grapevines are grapevines that have some root and top growth, but which do not otherwise meet the minimum size specifications prescribed herein. Such grapevines shall be labeled "substandard."
(e) Exemptions. All nursery stock requiring grading as described in this section shall be graded as provided except when by written agreement, buyer and seller agree that the nursery stock will be graded after sale by the buyer and before reselling. When a written agreement of this type is made, a copy of such agreement shall be provided upon request to the Department of Food and Agriculture or the County Agricultural Commissioner of the county in which the nursery stock was produced.



Note: Authority cited: Sections 407, 53391 and 53392, Food and Agricultural Code. Reference: Sections 53392 and 53481, Food and Agricultural Code.


s 3064. Release of Nursery Stock Inspected at Origin.
Nursery stock inspected at origin by representatives of the origin state Department of Agriculture may be released without inspection at California destination points upon compliance with all of the conditions specified in this section.
(a) Interstate Origin Inspection Agreements and Shipments from Approved Growing Grounds. Each participating nursery, as a condition of approval, shall sign an Interstate Origin Inspection Agreement agreeing to comply with all the requirements of this section and any other requirements that the California Department of Food and Agriculture deems necessary to assure compliance with the California pest cleanliness standards.
Those growing grounds which have been licensed as nurseries, and recommended for this program by the origin state Department of Agriculture and approved by the California Department of Food and Agriculture, are designated as areas from which plant shipments may be released without inspection at destination. The release of plant material without inspection is limited to the types described in the particular Interstate Origin Inspection Agreement.
(b) Advance Notice of Nurseries Intending to Ship Required. The origin state Department of Agriculture shall notify the California Department of Food and Agriculture, within 15 days prior to the first shipment, of the name of any nursery requesting approval of growing grounds to ship under this section.
(c) Notice of Serious or New Pests Found. The origin state Department of Agriculture shall notify the California Department of Food and Agriculture of any serious or new pest found in any nursery authorized to ship to California under this section or found within one mile of such nursery.
(d) Nursery Requirements. Nurseries authorized to ship into California under this section shall:
(1) Maintain a regular pest control program monitored by the origin state Department of Agriculture and meet all pest cleanliness standards outlined by the California Department of Food and Agriculture.
(2) Furnish the California Department of Food and Agriculture with a map of all approved growing grounds and a list of all types of approved plant material to be shipped under this section.
(3) Ship pursuant to this section only plant material as named above and grown on approved growing grounds. Each shipment shall be accompanied by a special origin inspection certificate authorized by the origin state and California Departments of Agriculture.
(4) Maintain a chronological record of all shipments to California receivers and upon request, make such records available to officials of the origin state Department of Agriculture and the California Department of Food and Agriculture. Unless otherwise provided, the record shall include the kinds and quantity of all plant material shipped, the date of shipment and the name of the consignee.
(5) Comply with all other requirements the California Department of Food and Agriculture deems necessary to assure compliance with California pest cleanliness standards.



Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code.


s 3065. Oregon Nursery Stock Inspected at Origin May Be Released.



Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code.


s 3066. Arizona Nursery Stock Inspected at Origin May Be Released.



Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code.


s 3067. Washington Nursery Stock Inspected at Origin May Be Released.



Note: Authority cited: Sections 407 and 6404, Food and Agricultural Code. Reference: Section 6404, Food and Agricultural Code.





Note: Authority cited: Subarticle 10 Section 407, Food and Agricultural Code; and Subarticle 10 Section 11000.7, Government Code. Reference: Subarticle 10 Sections 6723-6727, Food and Agricultural Code.


s 3069. Disclaimer of Warranties and Financial Responsibility; Implementing Agreements and Forms.
(a) Nature of "Registration" and/or "Certification." The terms "registration" and/or "certification" as used in these Programs mean that Department employees or agents have visually inspected growing grounds and crops thereon as described in this article. The terms do not mean that the Department has inspected or is responsible for nuclear or parent stock, or that the Department has control over the labeling of the stock by Program participants. Registration and/or certification does not guarantee or warrant that the articles to which foundation, registration or certification tags are attached, or which are otherwise represented as foundation, registered or certified are merchantable or fit for a particular purpose.
(b) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, regarding all plants, plant parts, and plant materials under any Nursery Stock Registration and/or Certification Program. The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with these Programs. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding these Programs, except as provided in this section.
(c) Each participant in a specific Program shall be required to sign the following Agreement as a condition of participation:
CALIFORNIA NURSERY STOCK REGISTRATION

AND/OR CERTIFICATION PROGRAM

3 California Administrative Code Subarticle 10 Section 3069. et seq.
READ THIS DOCUMENT CAREFULLY AND

COMPLETELY BEFORE SIGNING DISCLAIMER

OR WARRANTIES

AND

NONLIABILITY AND INDEMNIFICATION AGREEMENT

(1) The undersigned grower is a participant in the (specific Registration and/or Certification) Program of the Department of Food and Agriculture. Applicant understands that the following limitations of liability apply:
LIMITATIONS OF LIABILITY

(A) The Department of Food and Agriculture disclaims all express or implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
(B) The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program.
(C) In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant material.
(D) No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.
(2) Participant agrees to the above limitations of liability and further agrees:
(A) To waive any and all causes of action for damages, indemnification, or otherwise, which may accrue to the applicant in any manner against the State of California, the Department, its officers, agents, and employees in connection with the Department's participation in the Program;
(B) To indemnify, defend and save harmless the State of California, the Department and its officers, agents, and employees from any and all claims or losses occurring or resulting from the Department's participation in the Program in connection with participant's activities;
(C) To attach to each container of foundation, registered or certified nursery stock a tag, accurately and fully completed. In lieu of a tag on each container, a notice, accurately and fully completed, may be printed on or attached to each bulk delivery invoice. Each tag and notice will be in the form provided by 3 California Administrative Code Subarticle 10 Section 3069(d); and
(D) Not to advertise or otherwise represent that the Department certifies freedom from disease, genetic disorder, off-type or any aspect of performance, nor that the Department has any financial responsibility with regard to the Program.
This agreement shall be deemed to incorporate future amendments to the Food and Agricultural Code and 3 California Administrative Code relating to the Nursery Stock Registration and/or Certification Program.
The agreement shall remain in effect for the current and each succeeding year of Program participation.
_________________________ __________________________________
Date Name of Grower
_____________________________
By
_____________________________
Title
_____________________________
Street Address
_____________________________
City and Zip Code
Note: If participant is a sole proprietorship, the owner must sign; if a partnership, a managing partner; if a corporation, an executive officer. Keep a signed copy for your file.
(d) Following is the statement required on each tag or notice which is to be used by Program participants, as stated in Subsection (c):
(1) Tag
(FRONT OF TAG, WHICH STATES PROGRAM NAME)
NOTICE OF NONLIABILITY AND DISCLAIMER OF WARRANTIES.
THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS AND PLANT MATERIALS UNDER THE PROGRAM. (CONTINUED ON REVERSE OF THIS TAG.)
The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.
The grower, whose name and participation number appear on the other side, is responsible for all information filled in on this tag.
Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot or block number and serial number shown on the face of this tag.
(2) Bulk Delivery Invoice Notice (which states Program name).
DISCLAIMER OF WARRANTIES AND NOTICE OF NONLIABILITY
THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ALL PLANTS, PLANT PARTS, AND PLANT MATERIALS UNDER THE PROGRAM.
The Department is not responsible for disease, genetic disorders, off-type, failure of performance, mislabeling, or otherwise, in connection with the Program. In any event, Department liability is limited to the cost or purchase price of the plants, plant parts, or plant materials involved. No grower, nursery, dealer, government official or other person is authorized to give any express or implied warranty, or to accept any financial responsibility on behalf of the Department regarding the Program, except as provided in 3 California Administrative Code Subarticle 10 Section 3069.
The grower, whose name and participation number appear on this document, is responsible for all information filled in on this document.
Inquiries should be addressed to: California Department of Food and Agriculture, Pest Exclusion/Nursery Program, 1220 N Street, Room 427, Sacramento, California 95814, telephone (916) 445-2388. Include the participant's name and the lot number shown on this document.



Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.







<<(Subchapter Originally Published 6-25-45)>>






Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Sections 11401- 12121, 12971-12979 and 12991, Food and Agricultural Code.





Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code.









Note: Authority cited: Sections 407, 409 and 11502, Food and Agricultural Code. Reference: Subarticle 10 Sections 409, 11903 and 11904, Food and Agricultural Code.


s 3090. Equipment Identification.



Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code.


s 3090.1. Reports of Vehicle Accidents, Forced Landings, Emergency or Accidental Release.



s 3090.2. Reports.



Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781 and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979 and 12991, Food and Agricultural Code.


s 3091. General.



s 3092. Experimental Use Permits.



s 3093. Protection of Persons, Animals, and Property.



Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code.


s 3094. Work Requirements.



s 3095. Vector Control Exemption.



Note: Authority cited: Sections 407, 11502, 11702, 12005, 12111, 12781, 12976, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-11531, and 12751-13102, Food and Agricultural Code.


s 3096. Protection of Bees.



Note: Authority cited: Subarticle 10 Sections 407, 11502, 12781, 14005, 29032, and 29145.1, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-11940, 14001-14104, 29001-29328, Food and Agricultural Code.


s 3097. Citrus/Bee Protection Area.



Note: Authority cited: Subarticle 10 Sections 407, 11502, 12005, 12781, 14005, 29032 and 29145.1, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12054, 14001-14104 and 29001-29328, Food and Agricultural Code.


s 3098. Service Containers.



Note: Authority cited: Subarticle 10 Sections 407, 11502, 12781, 12859, and 12976, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401 through 11940, and 12751 through 13102, Food and Agricultural Code.





Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code.





Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code.





Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code.


s 3135. Findings of the Director.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3136. Control of Pesticides, Containers, and Equipment.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3137. Delivery of Pesticide Containers.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3138. Posting of Pesticide Storage Areas.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3138.1. Storage Labeling.



s 3139. Prohibited Containers for Pesticides.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3140. Container Requirements.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3140.1. Transportation.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3141. Rinse and Drain Procedures.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3142. Disposal of Rinsed Containers.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3143. Disposal of Pesticides and Unrinsed Containers.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.


s 3144. Disposal of Outer Shipping Containers and Dry Pesticide Containers.



Note: Authority cited: Subarticle 10 Sections 407, 11502, 11702, 12005, 12111, 12781, and 12979, Food and Agricultural Code. Reference: Subarticle 10 Sections 11401-12121, 12971-12979, and 12991, Food and Agricultural Code.


s 3145. Exemptions.



Note: Authority cited: Subarticle 10 Sections 407, 12976 and 12981, Food and Agricultural Code. Reference: Subarticle 10 Sections 11501, 12981 and 14102, Food and Agricultural Code.







<<(Subchapter Originally Printed 7-25-45)>>






Note: Authority cited for regulations in Group 4: Subarticle 1 Sections 403, 404, 407, 5024, 5301, 5302, 5303, 5322, 5721, 5741, 6443 and 7502, Food and Agricultural Code. Issuing agency: Director of Food and Agriculture and/or the Governor.


s 3152. Enforcing Powers.



s 3153. Federal Experimental Shipments Exempted.
Federal experimental shipments moved into this State by, or at the request of the United States Department of Agriculture, are exempted from the provisions of exterior quarantine regulations.



Note: Authority cited: Subarticle 2 Sections 407 and 5302, Food and Agricultural Code. Reference: Subarticle 2 Section 5302, Food and Agricultural Code.


s 3154. Director May Issue Special Permits.
The director may issue special permits allowing entry into the state or movement within the state of articles or commodities otherwise prohibited by quarantine subject to limitations, conditions, and/or provisions to prevent introduction, escape or spread of the pest quarantined against. Such limitations, conditions, and/or provisions may vary depending on the intended use of the articles or commodities and the potential risk of pest escape and will be specified in the permit.



Note: Authority cited: Subarticle 2 Sections 407, 5302 and 5322, Food and Agricultural Code. Reference: Subarticle 2 Sections 5301, 5302 and 5322, Food and Agricultural Code.


s 3155. Disposition of Violations.



s 3156. Hold for Inspection.



s 3157. Warning Tags.



s 3158. Director May Designate Exemptions.



s 3159. Violation Is Misdemeanor.



s 3160. Reimbursement for Services.
(a) Pursuant to Section 6303(d), Food and Agricultural Code, fees may be charged for reimbursable services. Reimbursable services are those which a shipper or receiver requests; or those services which are required prior to the release of any quarantined shipment which has been prohibited entry into California or which must be returned out of state unless the shipment is unloaded under supervision, inspected, or treated under supervision as necessary to eliminate any pest or pest risk.
(b) The Secretary or agricultural commissioner may charge for the services rendered in connection with subsection (a) at a rate equal to the actual cost of the service, portal to portal, adopted as a fee by a county board of supervisors and published in the fee schedule of the county. If the actual cost of the service has not been adopted as a fee by a county board of supervisors and published in the fee schedule of the county, then the rate shall be $35 per hour and $0.30 per mile, portal to portal.



Note: Authority cited: Section 407, Food and Agricultural Code. Reference: Sections 6303, 6462 and 6464, Food and Agricultural Code.


s 3161. Incorporation of Federal Quarantine Regulations.
The Secretary of the Department of Food and Agriculture has determined that violations of federal plant quarantine regulations pose a threat to the agricultural industry of this State and hereby adopts, through reference, the regulations in the Code of Federal Regulations, Title 7, Parts 301 through 369, inclusive, and any subsequent amendments to those regulations.



Note: Authority cited: Sections 407 and 6301.1, Food and Agricultural Code. Reference: Sections 5028, 5311, 6301 and 6301.1, Food and Agricultural Code.


s 3250. Citrus Pests Exterior Quarantine.
A quarantine is established against the following pests, their hosts and possible carriers.
(a) Pests. Any species of fruit flies of the family Tephritidae known to attack citrus; citrus canker, Xanthomonas axonopodis pv. citri; and any other injurious insect or other animal or plant disease pest of citrus which does not occur, or is not generally established in California.
(b) Area Under Quarantine. All states, districts, and territories of the United States, except the State of Arizona.
(c) Articles and Commodities Covered.
(1) From the area under quarantine, except the State of Florida:
(A) All species and varieties of citrus fruits;
(B) All plants and propagative parts, except seed, belonging to, or hybrids of, the genera Citrus (true citrus), Fortunella (kumquats), Poncirus (trifoliate oranges), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit).
(2) From the State of Florida:
(A) All species and varieties of citrus fruits;
(B) All plants and plant parts, except seed, belonging to, or hybrids of, the plant family Rutaceae, including, but not limited to, the genera Citrus (true citrus), Fortunella (kumquats), Murraya (mock orange), Poncirus (trifoliate oranges), Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit).
(d) Restrictions.
(1) Trees, Plants, Scions, Buds, Cuttings, and Understock Prohibited. All plants and propagative materials (except seed) of all species, varieties, and hybrids of plant material listed in subsection (c)(1)(B) are prohibited entry into California from the area under quarantine except the State of Florida unless authorized entry under permit issued by the department or when shipped by, or at the request of, the United States Department of Agriculture for experimental purposes.
(2) Trees, Plants, and Plant Parts Prohibited. All plants and plant parts (except seed) of all species, varieties, and hybrids of plant material listed in subsection (c)(2)(B) are prohibited entry into California from the State of Florida except when authorized entry under permit issued by the department or when shipped by, or at the request of, the United States Department of Agriculture for experimental purposes.
(3) Requirements for Entry of Citrus Fruit from Florida or Texas. Commercial shipments of citrus fruit made by commercial packing houses, may be admitted into this state from Florida or Texas provided conditions are met as listed under (A) or (B), and (C) and (D) of this paragraph.
(A) Shipments of Florida citrus fruit, except lemons and sour limes, must be accompanied by a certificate issued by an official of the Florida Department of Agriculture and Consumer Services indicating the fruit was treated in accordance with methods approved by the department.
(B) Shipments of Texas citrus fruit, except lemons and sour limes, must be accompanied by a Federal Master Permit issued under provisions of the United States Mexican Fruit Fly Quarantine and by an agent of the United States Department of Agriculture.
(C) Surface Pests. Treatment for surface pests (scale, insects, mites, etc.) is not required as a condition of entry for all citrus fruit, including lemons and sour limes, from Florida and Texas destined to California when the fruit has been cleaned by washing and scrubbing with brushes in a commercial packing house in preparation for interstate shipment. If the fruit has not been so cleaned, prepared and handled, then the fruit shall be treated to assure the fruit is free of surface pests under official supervision prior to shipment and be so certified by an authorized agricultural official of the state of origin.
(D) All containers in which citrus fruit are shipped to California shall be new.
(4) Citrus fruit from the area under quarantine is prohibited entry into California except as provided herein.
(5) Automobiles, Other Vehicles, and Their Contents, Subject to Inspection. Automobiles, trailers, trucks, and other vehicles, baggage, personal effects, household goods, and camping implements, arriving in California from any state or territory of the United States may be placed in quarantine by the department until it has been determined by inspection that the same are free from all varieties of citrus fruits and citrus plants, and parts thereof, except seeds.



Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code.


s 3251. Chestnut Bark Disease and Oak Wilt Disease Exterior Quarantine (Quarantine Proclamation 2).
A quarantine is established against the following pests, their hosts, and possible carriers.
(a) Pests. Chestnut bark disease ( Endothia parasitica), a fungus carried by birds, insects, water, wind, and shipment of nursery stock and unpeeled wood; and oak wilt disease ( Ceratocystis fagacearum), a fungus carried under the bark of live or dead trees or parts of trees and also by oak bark beetles and sap beetles.
(b) Area Under Quarantine. All states and districts of the United States except the State of Arizona.
(c) Commodities Covered. All species and varieties of chestnut ( Castanea spp.), chinquapin ( Castanopsis spp.), oak ( Quercus spp.), and tanbark oak ( Lithocarpus densiflora) trees, plants, and parts thereof including grafts, cuttings, scions, nuts (except acorns), leaf mold, firewood and unpeeled logs are hereby declared to be hosts and possible carriers of the pests herein quarantined against.
(d) Restrictions.
(1) Commodities Covered Prohibited From Area Under Quarantine. Except as provided in paragraph (4) hereof, all commodities covered shall be refused admittance into the State of California from the area under quarantine unless each lot or shipment is accompanied by an official certificate evidencing compliance with paragraph (2) or (3) below.
(2) Commodities Covered Produced in Western States Admitted Under Certificate of Origin. All commodities covered produced in and shipped from that portion of the area under quarantine west of the states of Montana, Wyoming, Colorado, and New Mexico are admissible into California, provided that each lot or shipment is accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural inspection official of the state in which the commodities were grown or shipped, affirming that chestnut bark disease and oak wilt disease are not known to occur in the state where grown, and also setting forth the name of the state where produced and the kind and amount of commodities covered by the certificate.
(3) Commodities Covered Admissible Under Certificate of Treatment. Commodities covered may be shipped to California from the area under quarantine subject to prior approval by the Director of the method of treatment to be used. Except as provided in subsection (d)(2), each shipment of a commodity covered must be accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural official of the state of origin indicating the method of treatment, quantity of commodity covered, identification or license number of carrier, and the names and addresses of the shipper and consignee.
(4) No Restrictions on Foreign Nuts. No restrictions are placed by this quarantine upon the nuts of all species and varieties of chestnut and chinquapin ( Castanea spp. and Castanopsis spp.) grown in and imported from foreign countries when reshipped into or arriving in this State in an unopened original container.



Note: Authority cited: Subarticle 2 Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Subarticle 2 Sections 5301 and 5302, Food and Agricultural Code.


s 3252. Caribbean Fruit Fly Exterior Quarantine.
A quarantine is established against the following pest, its hosts, and possible carriers.
(a) Pest. Caribbean fruit fly, Anastrepha suspensa, of the family Tephritidae is, in the adult stage, a yellowish-brown fly from one and a half to two times the size of a housefly. This insect is a serious pest of many kinds of fruit.
(b) Area Under Quarantine. The Commonwealth of Puerto Rico and all the State of Florida south of and including Hernando, Sumter, Lake, and Volusia counties.
(c) Articles and Commodities Covered.
(1) The fruit or berries of all plants listed below are declared to be hosts and possible carriers of the Caribbean fruit fly.
Common Name Botanical Name
Akee............................... Blighia sapida
Allspice........................... Pimenta dioica
Apple.............................. Malus sylvestris
Avocado, except commercial
fruit............................ Persea americana
Barbados Cherry.................... Malpighia glabra
Bell Pepper, except commercial
fruit............................ Capsicum frutescens
Blackberry......................... Rubus hybrid
Box Orange......................... Severinia buxifolia
Calabur............................ Muntingia calabura
Calamondin......................... X Citrofortunella mitis
Carambola.......................... Averrhoa carambola
Ceylon Gooseberry.................. Dovyalis hebecarpa
Cherry of the Rio Grande........... Eugenia aggregata
Cocoplum........................... Chrysolbalanus icaco
Egg Fruit.......................... Pouteria campechiana
Fig................................ Ficus carica
Governor's Plum.................... Flacourtia indica
Grapefruit......................... Citrus paradisi
Grumichama......................... Eugenia brasiliensis
Guava (all)........................ Psidium spp.
Guiana Plum........................ Drypetes lateriflora
Imbe............................... Garcinia livingstonei
Jaboticaba......................... Myrciaria cauliflora
Jambolan Plum...................... Syzygium cumini
Japanese Pear...................... Pyrus pyrifolia
Japanese Persimmon................. Diospyros kaki
Java Apple......................... Syzygium samarangense
Kei Apple.......................... Dovyalis caffra
Kieffer Pear....................... Pyrus pyrifolia x Pyrus communis
Kiwi............................... Actinidia chinensis
Kumquat............................ Fortunella crassifolia
Kumquat (oval)..................... Fortunella margarita
Lime............................... Citrus aurantifolia
Limeberry.......................... Triphasia trifolia
Limequat........................... X Citrofortunella floridana
Longan, except commercial fruit.... Dimocarpus longan
Loquat............................. Eriobotrya japonica
Lychee except commercial fruit..... Litchi chinensis
Mango.............................. Mangifera indica
Miracle Fruit...................... Synsepalum dulcificum
Natal Plum......................... Carissa grandiflora
Nectarine.......................... Prunus persica
Orange Jasmine..................... Murraya paniculata
Jack Orangequat.................... Citrus nobilis 'unshiu' x
Fortunella sp.
Otaheite Apple..................... Spondias cytherea
Papaya............................. Carica papaya
Peach.............................. Prunus persica
Pear............................... Pyrus communis
Pitomba............................ Eugenia luschnathiana
Pomegranate........................ Punica granatum
Pond Apple......................... Annona glabra
Rangpur Lime....................... Citrus limonia
Rose Apple......................... Syzygium jambos
Sapodilla.......................... Manilkara zapota
Sour Orange........................ Citrus aurantium
Sugar Apple........................ Annona squamosa
Surinam Cherry..................... Eugenia uniflora
Sweet Lemon........................ Citrus limetta
Sweet Orange....................... Citrus sinensis
Tangelo............................ Citrus paradisi x Citrus reticulata
Tangerine.......................... Citrus reticulata Blanco
Temple Orange...................... Citrus sinensis x Citrus reticulata
Tomato, except commercial
fruit............................ Lycopersicon esculentum
(L. Lycopersicum)
Tropical Almond.................... Terminalia catappa
Velvet Apple or Velvet
Persimmon........................ Diospyros blancoi
Wampi.............................. Clausena lansium
White Sapoti....................... Casimiroa edulis
Wild Balsam Apple.................. Mormodica charantia
Wild Cinnamon...................... Canella winteriana
Wild Dilly......................... Manilkara jaimiqui ssp.
emarginata
Annona hybrid
Atalantia citriodes
Eugenia coronata
Eugenia ligustrina
Ficus altissima
Garcinia xanthochymus
Manilkara roxburghiana
Myrcianthes fragrans
Myrciaria glomerata
Pseudanamomis umbellulifera
Rheedia aristata
Terminalia muelleri
Trevisia palmata

(2) Soil or planting media within the drip area of plants producing, or which have produced, fruit of the plants listed in (1) above.
(3) Exemptions. The following are exempt from provisions of this regulation.
(A) Green sour lime fruit which shows no yellow coloring.
(B) Lemons regardless of color.
(d) Restrictions. Articles and commodities covered are prohibited entry into California from the area under quarantine, except as provided below:
(1) Articles and Commodities Covered Admissible When Treated At Origin. Articles and commodities covered are admissible into California from the area under quarantine provided each lot or shipment is accompanied by a certificate issued by an authorized representative of the origin state department of agriculture or the United States Department of Agriculture affirming that the lot or shipment was treated for Caribbean fruit fly, prior to shipment and under supervision of the origin state department of agriculture or the United States Department of Agriculture, in a manner approved by the Secretary of the Department of Food and Agriculture and was not exposed to reinfestation by the fly.



Note: Authority cited: Sections 407, 5301, and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code.


s 3253. Eastern Filbert Blight Exterior Quarantine (Quarantine Order 4).



s 3254. Cotton Pests Exterior Quarantine.
A quarantine is established against the following pest, its hosts and possible carriers.
(a) Pest. Boll weevil, Anthonomus grandis.
(b) Area Under Quarantine. All states and districts of the United States except the States of Arizona and North Carolina.
(c) Articles and Commodities Covered. The following are hereby declared to be hosts or possible carriers of the pests herein quarantined against:
(1) Okra, Hibiscus esculentus, and kenaf, Hibiscus cannabinus, all parts of the plants including seeds and pods.
(2) Cotton and wild cotton plants of the genera Gossypium and Thurberia and all parts of such plants.
(3) Used bagging, used cotton picker sacks, and other used containers and used wrappers for any products from cotton plants.
(4) Used cotton harvesting equipment, ginning and oil mill equipment, and other cotton processing machinery, and other farm equipment which has been used in connection with growing, harvesting, ginning, compressing, or processing raw cotton or raw cotton products.
(d) Restrictions.
(1) Cotton Plants and Gin Trash Prohibited. Cotton plants and parts thereof, as such or as packing or as contamination or in association with any other product, article or thing, and gin trash, are prohibited entry into California from the area under quarantine, except that harvested seed cotton and products derived from seed cotton may be admitted as hereinafter provided.
(2) Certificates or Permits Required. Except as hereinafter exempted, articles and commodities covered may be admitted into this state if accompanied by a certificate of treatment or under permit issued by the director or the United States Department of Agriculture.
(3) Approval of Treatment and Processing Methods. Any method of treatment of processing to destroy boll weevil on the basis of which a certificate or permit may be issued shall be approved and prescribed by the director in administrative instructions issued supplemental hereto or prescribed by the United States Department of Agriculture.
(4) Exemptions. The following articles and commodities are exempt from the certificate or permit requirements:
(A) Compressed baled cotton lint, linters, and lint cleaner waste when such products have been given standard or equivalent compression (22 pounds per cubic foot) and if free from surface contaminants capable of harboring boll weevil.
(B) Samples of cotton lint and cotton linters of the usual trade size, if free from cotton seed and cotton trash.
(C) Edible okra during the period of January 1 to March 15.
(5) Certificates of Treatment. A treatment certificate issued by an authorized Department of Agriculture representative at origin shall accompany each lot or shipment unless exempt. The certificate shall affirm that the shipment or lot accompanied thereby was cleaned, or otherwise treated to destroy boll weevil as prescribed by the director. Each certificate shall also set forth the kind and quantity of articles and commodities treated thereby, date and method of treatment, dosage used, the initials and number of the railway car, or license number of the truck in which shipped, and the names and addresses of the consignee and consignor.



Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code.


s 3255. Vetch Weevil Exterior Quarantine.



s 3256. Cherry Fruit Fly Exterior Quarantine.
A quarantine is established against the following pests, their hosts and possible carriers:
(a) Pests. Cherry fruit flies( Rhagoletis indifferens and Rhagoletis fausta). (continued)