Cal. Code Regs. tit. 3 § 3260

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 3260 - Nut Tree Pests Exterior Quarantine (Quarantine Proclamation 12)

A quarantine is established against the following pests, their hosts and possible carriers:

(a) Pests.
(1) Two nut tree casebearers, Acrobasis juglandis (LeBaron) and A. nuxvorella (Neunzig). Both insects are serious pests of pecan; the former also attacks hickory and walnut.
(2) The pathogen that causes brooming disease of walnut. Brooming is a virus-like disease that drastically reduces nut production and sometimes causes death of the host tree.
(3) Pecan phylloxera, Phylloxera devastatrix.
(b) Area Under Quarantine.
(1) On account of the nut tree casebearers, all states and districts east of and including Montana, Wyoming, Colorado, Oklahoma, and Texas; in New Mexico, the counties of Chaves, Eddy, and Lea.
(2) On account of pecan phylloxera, the states of Alabama, Arkansas, Louisiana, Mississippi, Oklahoma and Texas.
(3) On account of brooming disease, all states and districts of the United States, except Arizona.
(c) Articles and Commodities Covered. Trees and all parts capable of propagation (buds, scions, rootstocks, etc.), except nuts, of all species of the genera Juglans (walnut and butternut) and Carya (hickory and pecan).
(d) Restrictions. All commodities and articles covered are prohibited entry into the state from the area under quarantine unless specified conditions (listed below) are met.
(1) All species of Juglans (walnut, butternut) trees and parts capable of propagation, except nuts, are:
(A) Prohibited entry into California from any state east of the eastern borders of Idaho, Utah, and Arizona.
(B) Admissible into California from Idaho, Nevada, Oregon, Utah, and Washington provided each lot is accompanied by a certificate issued by the Department of Agriculture of the state of origin affirming (1) The material was grown in the state of origin, (2) Brooming disease is unknown in the state of origin, and (3) The amount and kind of commodities covered.
(2) All species of Carya (hickory, pecan) trees, buds, and scions from the area under quarantine in subsections (b)(1) and (b)(2) are:
(A) Admissible if treated at origin provided each lot is accompanied by a certificate issued by an authorized agricultural official affirming that the trees, buds, and/or scions have been treated for the pests quarantined against by a method approved by the director.
(B) Admissible provided each lot is accompanied by a certificate issued by an authorized representative of the origin Department of Agriculture:
(1) affirming the commodities were grown in the state of origin in a county which is not infested with pecan phylloxera and the nut tree casebearers quarantined against, and
(2) setting forth the amount and kind of commodities covered by the certificate.
(C) Admissible by permit, issued by the Director of the California Department of Food and Agriculture, requiring treatment at destination. Entry subject to treatment for the pests quarantined against upon arrival at destination may be allowed by permit obtained prior to shipment of the restricted material. The permit may specify the disinfection or treatment, restrict the method of transportation, and limit the size and quantity of the shipment, as well as designate terminal point of delivery where treatment facilities are available.

Cal. Code Regs. Tit. 3, § 3260

1. Amendment of subsection (b) (2) filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24). For prior history, see Register 60, No. 21.
2. Amendment filed 5-14-76; effective thirtieth day thereafter (Register 76, No. 20).
3. Amendment of subsections (a) and (b)(1) filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
4. Repealer filed 3-29-83; effective thirtieth day thereafter (Register 83, No. 14).
5. Amendment filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).

Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code.

1. Amendment of subsection (b) (2) filed 6-5-72; effective thirtieth day thereafter (Register 72, No. 24). For prior history, see Register 60, No. 21.
2. Amendment filed 5-14-76; effective thirtieth day thereafter (Register 76, No. 20).
3. Amendment of subsections (a) and (b)(1) filed 11-21-78; effective thirtieth day thereafter (Register 78, No. 47).
4. Repealer filed 3-29-83; effective thirtieth day thereafter (Register 83, No. 14).
5. Amendment filed 3-7-84; effective thirtieth day thereafter (Register 84, No. 10).