Section 3256 - Cherry Fruit Fly Exterior QuarantineA quarantine is established against the following pests, their hosts and possible carriers:
(a) Pests. Cherry fruit flies (Rhagoletis indifferens and Rhagoletis fausta).(b) Area Under Quarantine. Infested Area:
Idaho. The entire state.
Colorado. The entire state, except for Delta and Mesa Counties.
Montana. The entire state.
New Mexico. The entire state.
Oregon. The entire state.
Utah. The entire state.
Washington. The entire state.
Noninfested Area:
Colorado. Delta and Mesa Counties.
(c) Articles and Commodities Covered. Cherry fruits of all domesticated and wild cherries are declared to be hosts and possible carriers of the pest quarantined against.(d) Restrictions. (1) Cherry Fruits Admitted From Area Under Quarantine If Treated in Approved Manner at Origin. Cherry fruits grown, packed, or stored in or shipped from the area under quarantine may be admitted into California, provided each lot or shipment is officially certified by an authorized representative of the Department of Agriculture at origin, affirming that the accompanied cherry fruits were treated to destroy cherry fruit flies in a manner approved by the director.(2) Cherry Fruits Admitted From Area Under Quarantine Without Treatment When Under Permit From the Director. The Director may issue to the proper official of the Department of Agriculture of any state in the area under quarantine,as specified in subsection (b) above, a master permit designating conditions under which cherry fruits may be admitted into the state without treatment and setting forth therein requirements for: sampling, inspecting of samples, maintaining identity, transportation, certification and other instructions which must be met at point of origin. To be eligible for such master permit the state of origin shall: (A) Maintain California-approved mandatory pest control districts for control of cherry fruit fly.(B) Carry on a trapping program for adult cherry fruit flies to determine proper timing for application of control materials.(C) Require the application of pesticides at specified intervals as recommended by an official agricultural regulatory agency.(D) Furnish a list of shippers approved by the state of origin including the shippers' addresses and assigned identification numbers to the California Department of Food and Agriculture prior to the beginning of the shipping season.(3) The master permit shall only be valid for shipments of cherry fruit meeting the following requirements: (A) Cherry fruit shipped to California must be grown in orchards located in the approved pest control districts.(B) All cherry fruit shall be sampled and inspected for cherry fruit fly at origin as outlined in the master permit.(C) The identity of each container of sampled cherry fruit shall be maintained by marking each container with the identification number of the approved shipper.(D) Trucks transporting cherry fruit from approved shippers to California shall be sealed by an agricultural representative of the state of origin. These seals will be applied before the truck leaves the premises of the approved shipper. The seals will not be broken except in the presence of a state plant quarantine officer after the truck arrives in California.(E) The cherry fruit, upon arrival, must be found free from cherry fruit fly larvae.(F) Any other requirements as may be necessary and as stated in the master permit.(4) Cherry Fruits Admitted From Noninfested County of the Area Under Quarantine With Certificate of Origin. Cherry fruits grown, packed, and stored within and shipped from a noninfested county in the area under quarantine may be admitted into California, provided each shipment is accompanied by a certificate of origin issued by an authorized agricultural official of the origin state giving the name and address of the shipper, and the number and kind of containers in the shipment. The certificate shall state that the shipment originated in a noninfested area county.Cal. Code Regs. Tit. 3, § 3256
1. New subsection (3)(d) filed 3-6-73; effective thirtieth day thereafter (Register 73, No. 11).
2. Amendment filed 10-25-73; effective thirtieth day thereafter (Register 73, No. 43).
3. Repealer and new section filed 3-29-83; effective thirtieth day thereafter (Register 83, No. 14).
4. Amendment of subsection (b) filed 7-11-84; effective thirtieth day thereafter (Register 84, No. 28).
5. Amendment of section heading, subsection (b) and NOTE and new subsection (d)(4) filed 3-25-94; operative 4-25-94 (Register 94, No. 12). Note: Authority cited: Sections 407, 5301, 5302, 5303 and 5304, Food and Agricultural Code. Reference: Sections 5301, 5302, 5303 and 5304, Food and Agricultural Code.
1. New subsection (3)(d) filed 3-6-73; effective thirtieth day thereafter (Register 73, No. 11).
2. Amendment filed 10-25-73; effective thirtieth day thereafter (Register 73, No. 43).
3. Repealer and new section filed 3-29-83; effective thirtieth day thereafter (Register 83, No. 14).
4. Amendment of subsection (b) filed 7-11-84; effective thirtieth day thereafter (Register 84, No. 28).
5. Amendment of section heading, subsection (b) and Note and new subsection (d)(4) filed 3-25-94; operative 4-25-94 (Register 94, No. 12).