Cal. Code Regs. tit. 3 § 3055.5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 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°F and 80°F. If the soil temperature is above 80°F, but 85°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°F and is maintained for not less than 30 minutes; or,

(B) Steamed in a closed chamber until temperature of all soil reaches 180°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°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.

Cal. Code Regs. Tit. 3, § 3055.5

1. New section filed 8-16-94 as an emergency; operative 8-16-94 (Register 94, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-14-94 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 8-16-94 order transmitted to OAL 12-14-94 and filed 1-26-95 (Register 95, No. 4).

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