Section 3015.2 - Requirements for Participants' Plantings and Stock(a) Generally. Participation in this program is voluntary and may be withdrawn at the option of the applicant.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. Except as otherwise provided, certification is based solely on visual inspections of sample plants from each variety in a planting which are found not to exceed the percentages stated in Section 3015.3(c)(6).
(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 plants entered in the program.(3) Application for registry or re-registry of plants being grown under the provisions of this article.(4) Selection of the trees for index-testing for the Prunes ring-spot virus and prune dwarf virus.(5) Farming and sanitation practices.(6) Notifying the Department at least one week in advance of the harvesting as to when harvesting will commence.(7) Placing the information required on each certification tag furnished by the Department.(c) Location of Plantings. (1) Each planting location shall be subject to approval and shall be in an area having minimal risks for spread of infectious pests by drainage, flooding, irrigation, or by other means.(2) A mother block shall be located not less than 300 feet from any other plant of the same genus not entered in this program and not less than 1/2 mile from any commercial planting of the same genus and the ground in such planting and a distance of 25 feet surrounding the planting shall be kept free of other vegetation. Trees in a mother block shall be planted in rows which are at least 10 feet apart, and trees in each row shall be at least five feet apart.(3) A scion orchard, a nursery increase block or a certified block shall be a separate planting sufficiently apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial orchard planting of peach and nectarine.(4) No restrictions are placed on the location for a registered seed source tree.(d) Maintenance of Plantings. (1) Plantings entered in this program shall be kept in a thrifty growing condition and pests shall be effectively controlled. Suitable precautions shall be taken in cultivation, irrigation, movement and use of equipment, and in other farming practices to guard against spread of soil-borne pests to plantings entered in this program.(2) To assure that inspections may be made properly and to provide close working knowledge of field operations, the applicant shall notify the Department in advance of any planting, propagating or pruning operation or removal of nursery stock or trees in any planting entered in this program so that approval can be granted before the work is done.(3) Any plant found to be off-type or virus infected may be required to be removed immediately from any planting. Approval may be given to remove off-type parts of a registered tree without revoking registration of the tree.(4) Identification of each registered tree and of nursery stock growing in plantings entered in the program to identify it as to rootstock and scion sources shall be done in an approved manner.(e) Eligibility and Planting Requirements. Any variety of deciduous fruit and nut tree when approved by the Department is eligible for entry in this program as provided in this article. (1) Eligibility of Stock. To be acceptable for registration or certification or to be eligible for any planting entered in this program, a plant shall have been inspected and tested, and not found to be virus-infected or off-type, as provided in Sections 3015.3 and 3015.4, or the plant shall have an equivalent known history which has been approved. In addition: (A) Registered stock scion wood shall be taken from a nursery increase block within four years from the time the scions were initially placed in the nursery increase block.(B) For planting and registration of a tree in a scion orchard, the Department shall be notified at the time of planting of the applicant's intention to seek registration and application for registration shall be filed within six years of the time of the original planting of the scion orchard. Verification of trueness of the fruit shall be the responsibility of the applicant. Prior to registration of a tree in a scion orchard it shall be tested by indexing in a Shirofugen cherry or by other methods approved by the director for the detection of Prunes ring-spot virus and prune dwarf virus and shall be given a visual inspection. Information regarding such other methods may be obtained from the Department's Pest Exclusion Unit.(2) Plants eligible for planting shall be as follows: (A) In a Mother Block--Foundation stock. Only mahaleb rootstock shall be used for cherries.(B) In a Nursery Increase Block--Foundation stock or registered stock scions directly from a registered mother block tree.(C) In a Certified Block--Foundation stock or registered stock.(D) In a Scion Orchard--Foundation stock produced in a nursery increase block.Cal. Code Regs. Tit. 3, § 3015.2
1. Amendment of subsection (b) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
2. Amendment of subsection (e)(1)(E) filed 1-19-79; effective thirtieth day thereafter (Register 79, No. 3).
3. Renumbering and amendment of former Section 3016 to Section 3015.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1.) Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
1. Amendment of subsection (b) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
2. Amendment of subsection (e)(1)(E) filed 1-19-79; effective thirtieth day thereafter (Register 79, No. 3).
3. Renumbering and amendment of former Section 3016 to Section 3015.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1.)