Cal. Code Regs. tit. 3 § 3060.4

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

Section 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 vitripennis, 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.

Cal. Code Regs. Tit. 3, § 3060.4

1. Amendment of subsections (a) (2), (b) (1), (c) (3), (e) (2) and new subsection (e) (3) filed 1-23-73; effective thirtieth day thereafter (Register 73, No. 4).
2. New subsection (a)(1)(C) filed 11-14-74; effective thirtieth day thereafter (Register 74, No. 46).
3. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
4. Amendment filed 9-11-79; effective thirtieth day thereafter (Register 79, No. 37).
5. New subsection (a)(1)(D) filed 7-28-86; effective thirtieth day thereafter (Register 86, No. 32).
6. Amendment of subsection (a)(1)(C) filed 4-4-2000 as an emergency; operative 4-4-2000 (Register 2000, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-2000 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-4-2000 order transmitted to OAL 8-1-2000 and filed 9-7-2000 (Register 2000, No. 36).
8. Change without regulatory effect amending subsection (a)(1)(C)1. filed 2-10-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 7).

Note: Authority cited: Sections 407, 6901 and 6961, Food and Agricultural Code. Reference: Sections 6901- 6904 and 6961, Food and Agricultural Code.