Cal. Code Regs. tit. 3 § 3020.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3020.2 - Requirements for Plantings and Stock
(a) Generally. Participation in this program is voluntary and may be cancelled 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.

(b) Responsibility of the Applicant: The applicant shall be responsible for:
(1) The selection of the location and the proper maintenance of the plantings being grown under the provisions of this article.
(2) Maintaining the identity of all plants entered in the program.
(3) Notifying 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.
(4) The application for registry or re-registry of the plants being grown under the provisions of this article.
(5) Farming and sanitation practices.
(6) Notifying the Department of the date of and material used for all pest control treatments in the plantings for which inspections must be made.
(7) Notifying the Department at least one week in advance of the harvesting as to when it will commence.
(8) Placing the information required on each certification tag furnished by the Department including the participant's name and the block number.
(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 or a planting of nursery stock being grown for planting in a mother block shall be located at least 100 feet from any other plant of the same genus not entered in this program to maintain plant identity and at least 300 feet from any commercial planting of the same genus to minimize disease infection. 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 ten feet apart and trees in each row shall be no less than five feet apart to maintain plant identity.
(3) A nursery increase, certified, seed bed, or a rootstock stool block shall be a separate planting 12 feet apart from other nursery stock to maintain its identity and shall be located at least 300 feet from any commercial planting of the same genera to minimize disease infection.
(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) Identification of each registered tree, increase, certified, or stool block entered in the program shall be done in an approved manner.
(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.
(e) Eligibility and Planting Requirements. Any kind or variety of pome fruit tree, when approved by the Department, is eligible for entry in this program.
(1) Eligibility of Stock. To be acceptable for registration and/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 Section 3020.3 or the plant shall have an equivalent known history which has been approved by the Department. In addition:
(A) Mother block trees shall be propagated by using nuclear or foundation stock scions and eligible rootstocks.
(B) Increase block trees shall be propagated by using nuclear, foundation, or mother stock scion and eligible rootstocks. The rootstock may be seedlings.
(C) Certified block trees shall be propagated by using nuclear foundation, mother, or increase scion wood. The rootstock may be seedlings or stock produced in a registered stool block.
(D) Registered rootstock stool blocks shall be propagated by using either nuclear or foundation rootstocks.
(2) Planting Requirements. Plants eligible for planting and requirements for plantings shall be as follows:
(A) Mother Block. Application for the registration of trees in a mother block shall be filed prior to the planting of the tree in an approved location. Trees in a mother block may be required to be index-tested ten years after planting in the block.
(B) Increase Block. To be eligible as registered stock, scion wood shall be taken from a nursery increase block within five years from the time the scions were initially placed in the nursery increase block.
(C) Certified Block. Any seed source to produce seedling understock may be used as well as understock from a registered stool block.
(D) Registered Rootstock Stool Block. Fumigation of the stool block location is required. The fumigant dosages shall be those prescribed in Schedule "A" of the "Approved Treatments," Item #12 in the Department's Nursery Inspection Procedure Manual. Registration of the block will be for a 10-year period.

Cal. Code Regs. Tit. 3, § 3020.2

1. Renumbering and amendment of former Section 3021 to Section 3020.2 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. Renumbering and amendment of former Section 3021 to Section 3020.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).