Section 3024.2 - Program Responsibilities(a) Responsibilities of Foundation Plant Services (FPS). (1) Select source grapevines from which foundation block candidate grapevines are propagated.(2) Conduct tests, in accordance with Section 3024.5 of this article, to qualify foundation block candidate grapevines for planting in the foundation block, and test established grapevines in the foundation block in accordance with the provisions of this article.(3) Apical microshoot tip culture is reserved for FPS and will be used as determined by FPS to be beneficial to the program.(4) Select the planting location for foundation block plantings and submit application for site approval to the Department.(5) Identify grapevine variety experts who will inspect or test vines in the foundation block for trueness-to-variety; document variety inspection results; and apply to the Department to register grapevines growing in the foundation block after they are reported to be true-to-variety.(6) Perform all cultural practices required to maintain health and vigor of foundation vineyard. Conduct visual disease inspections of all grapevines in the foundation block, in accordance with the provisions of this article.(7) Maintain an inventory of all registered vines in the foundation block and provide to the Department upon request.(8) Maintain records of all grapevines removed from the foundation block or from registration including the specific row and vine location and reason for the removal.(9) Maintain records for all grapevines planted in the foundation block including records showing that tests and inspections, in accordance with the provisions of Section 3024.5 of this article, have been completed.(10) Upon request provide a report to the Department showing all of the foundation stock that was distributed by FPS and identified with foundation stock tags. The report shall include the names and addresses of recipients, quantity received, date, tag number, variety, selection number, and foundation vine source.(11) Notify the Department, and all program participants who are affected, of any grapevines in the foundation block that are found to be diseased or off-type.(12) At time of sale of provisional foundation stock or foundation stock, provide participants with documentation for all grape propagation materials and grapevines the participant received from FPS. The documentation shall include: variety name, FPS selection number, specific foundation block source, and registration status for all propagation materials and grapevines distributed from FPS to the participant after 1986.(13) Notify the Department and recipients of provisional foundation stock when the trueness to variety testing has been completed and if the provisional foundation stock qualifies as foundation stock.(b) Responsibilities of the participant.(1) Pay all costs associated with fulfilling the responsibilities of the participant.(2) Select the planting location for primary increase block(s), secondary increase block(s), and/or certified nursery planting(s), submit application to the Department for site approval and obtain written permission from the Department to plant in that site.(3) Procure qualified propagative materials for planting in the primary and/or-secondary increase block(s) and/or nursery plantings.(4) Apply to the Department to register grapevines within six months of planting or topworking grapevines in the participant's primary increase block(s), and planting grapevines in the participant's secondary increase block(s). Submit with the application records showing that the grapevines are eligible for registration.(5) Apply to the Department for grapevine registration within two months of planting vines in the participant's certified nursery planting(s). Submit with the application records showing that grapevines are eligible for registration.(6) Maintain, and provide, within five working days, to the Department upon request, a record of all grapevines registered in the participant's primary and secondary increase block(s). For increase block vines planted before July 1, 2010, source documentation previously approved by the Department shall be accepted. Submit a separate report for each block containing the following information in a format prescribed by the Department:(B) Current inventory--provide the following information for each grapevine in the block: 1. Variety name and FPS selection number2. Block, row, and grapevine location in field plantings or greenhouse location for potted grapevines3. Date of planting, replanting (if applicable), and topworking (if applicable)4. For all primary increase block vines, identify the original foundation block row and vine source and all intermediate source vines. All sources for primary increase block vines shall be reported as a single vine in each generation.5. For all secondary increase block vines identify the original foundation block row and vine source and all intermediate source vines. Intermediate sources for secondary increase blocks may be reported by designating a group of vines of the same FPS selection number.(7) Maintain, and provide, within five working days, to the Department upon request, records of all grapevines in the participant's primary and secondary increase block(s), and/or certified nursery planting(s) which have been removed from registration; reason for the removal; and location of grapevine before removal.(8) Maintain, and provide, within five working days, to the Department upon request, records of all grapevines in the participant's primary increase blocks that have been top worked.(9) Use propagation, farming, and sanitation practices as required in Section 3024.4.(10) Verify that all grapevines in participant's primary increase block(s), secondary increase block(s), and certified nursery plantings are true-to-variety and remove off-type vines.(11) Identify/label registered grapevines in the participant's primary increase block(s) and secondary increase block(s); and certified grapevines in the participant's certified blocks with the variety name and with the FPS selection number.(12) Maintain records for all registered and certified stock produced, sold, and/or traded by the participants for at least five years after the date of disposition and provide, within five working days, to the Department upon request. Records shall include date harvested, disposition of such stock, name and address of customer, tag number, date, number of units identified by each tag, plant type, variety, selection of scion, and nursery block identification.(13) Remove grapevines from the participant's primary increase block(s), and secondary increase block(s) which have been canceled or identified as off-type by the Department within a month of notification by the Department. Grapevines, in participant's certified nursery plantings, which have been canceled or identified as off-type by the Department may be retained and sold as common stock.(14) Notify the Department at least 24 hours in advance of any pest control treatments in plantings using a pesticide that has reentry or worker safety requirements that would create a health hazard for the Department's employees, or in any manner interfere with the Department's ability to conduct scheduled inspections or other field activities. This subsection shall apply when the Department has notified the participant of the date of a planned inspection or other program-related action that would bring the Department's representative(s) into a treated area or into contact with treated plants.(15) Within fourteen days of receiving notification from the Department, notify in writing all who have received nursery stock from suspended or cancelled vines.(c) Responsibilities of the Department. (1) Maintain records of all current foundation blocks, primary increase blocks, secondary increase blocks, and certified nursery plantings in the State of California.(2) Process applications from applicants and/or requests for records from applicant within 30 days of receipt.(3) Approve planting sites for foundation blocks, primary increase blocks, secondary increase blocks, and certified nursery plantings.(4) Inspect and test participant's primary and secondary increase blocks, and certified nursery plantings in accordance with the provisions of this article and as required by the Department.(5) Suspend registration or certification of grapevines suspected of being diseased, off-type, and/or not produced in compliance with the provisions of this article based on preliminary tests or visual inspections performed by the Department or its designee.(6) Cancel registration or certification of grapevines that are found to be infected with diseases listed in Section 3024.5, using tests prescribed in Section 3024.5, or are highly likely to be infected because the source vine(s) tested positive for disease using tests prescribed in Section 3024.5, or the Department determines the vines are off type, and/or the vines have been produced out of compliance with the provisions of this article.(7) Notify affected participants of suspension or cancellation of grapevines and propagative materials in the foundation block reported to be diseased or off-type.(8) Enforce suspension or cancellation of registered or certified vines and propagative materials.Cal. Code Regs. Tit. 3, § 3024.2
1. Amendment filed 6-18-71; effective thirtieth day thereafter (Register 71, No. 25).
2. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
3. Renumbering and amendment of former Section 3025 to Section 3024.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).
4. Amendment of section heading and repealer and new section filed 6-10-2010; operative 7-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 24). Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
1. Amendment filed 6-18-71; effective thirtieth day thereafter (Register 71, No. 25).
2. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
3. Renumbering and amendment of former Section 3025 to Section 3024.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).
4. Amendment of section heading and repealer and new section filed 6-10-2010; operative 7-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 24).