Cal. Code Regs. tit. 3 § 3266

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3266 - Plum Curculio and Blueberry Maggot Exterior Quarantine

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

(a) Pests. Plum curculio (Conotrachelus nenuphar) and blueberry maggot (Rhagoletis mendax). Plum curculio is a coleopterous insect belonging to the family Curculionidae. The blueberry maggot is a dipterous insect belonging to the family Tephritidae. These insect pests in their larval stages live within the fruit of their host plants often causing extensive damage to fruit of certain crops.

(b) Area Under Quarantine.

(1) In Utah, because of the plum curculio, the counties of Box Elder and Salt Lake.

(2) In the eastern United States, because of the plum curculio and blueberry maggot, all states and districts east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas.

(c) Articles and Commodities Covered.

(1) Fresh fruit of all plants listed below are declared to be hosts and possible carriers of plum curculio.

Common Name	Botanical Name

Apple..........................	Malus spp.
Apricot..........................	Prunus persica
Blueberry, highbush..........................	Vaccinium corymbosum
Blueberry, lowbush..........................	V. angustifolium
Cherry, black..........................	Prunus serotina
Cherry, choke..........................	P. virginiana
Cherry, pin..........................	P. pensylvanica
Cherry, sand..........................	P. pumila
Cherry, sour..........................	P. cerasus
Chery, sweet..........................	P. avium
Crabapple..........................	Malus spp.
Hawthorne (haw)..........................	Crataegus spp.
Huckleberry, black..........................	Gaylussacia baccata
Huckleberry, dwarf..........................	G. dumosa
Nectarine..........................	Prunus persica nectarina
Peach..........................	P. persica
Pear..........................	Pyrus communis
Plum, Allegheny..........................	Prunus alleghaniensis
Plum, American (wild)..........................	P. americana
Plum, beach..........................	P. maritima
Plum, European..........................	P. domestica
Plum, Japanese..........................	P. salicina
Prune..........................	P. spp.
Quince..........................	Cydonia oblonga

(2) Fresh fruit of all plants listed below are declared to be hosts and possible carriers of blueberry maggot.

Common Name	Botanical Name

Blueberry, highbush..........................	Vaccinium corymbosum
Blueberry, lowbush..........................	V. angustifolium
Huckleberry, black..........................	Gaylussacia baccata
Huckleberry, dwarf..........................	G. dumosa

(3) Soil or other growing medium within the drip area of plants producing, or which have produced, fruit as listed in (c)(1) or (2) above.

(d) Restrictions.

(1) Certification Required. Articles and commodities covered which are produced in or shipped from the area under quarantine are prohibited entry into the State of California unless each lot or shipment is accompanied by a certificate issued by and bearing the original or facsimile signature of the authorized agricultural official of the state from which the article or commodity is shipped evidencing compliance with paragraphs (3), (4), (6) or (7) below. No certificate is required for commodities meeting the requirements of paragraphs (2) or (5) below.

(2) Reshipments in Original Containers from Area Under Quarantine of Commodities Grown Outside Thereof. Commodities in original unopened containers, each bearing labels or other identifying marks evidencing origin outside the area under quarantine, may be reshipped to this state from any point within the area under quarantine.

(3) Repacked Commodities Admissible from Area Under Quarantine if Certified Grown Outside Thereof. Provided each lot or shipment is certified by an authorized agricultural official to have been grown outside the area under quarantine and that continued identity has been maintained while within the area under quarantine, the commodities may be repacked and shipped by common carrier from any point within the area under quarantine to this state. The certificate shall set forth the state in which commodities were grown, point of repacking and reshipment, amount and kind of commodities comprising the lot or shipment, and the names and addresses of the shipper and consignee.

(4) Apples Exposed to Controlled Atmosphere (CA) Storage Admissible Under Certificate. Apples which are exposed to controlled atmosphere (CA) storage for a continuous period of ninety (90) days, during which period the temperature within the storage room is maintained at thirty-eight degrees (38°) Fahrenheit (3.3°C.) or less, may be admitted into California provided said storage room or building is approved by the proper authorities in the state of origin as a controlled atmosphere facility and further provided each lot or shipment of such apples to California is accompanied by a certificate, as stated in (1) above, evidencing compliance with the minimum requirements of this paragraph.

(5) Solid Frozen Fruits Exempt. No restrictions are placed by this regulation on the entry into this State of fruits which upon arrival are frozen solid and which are under refrigeration to assure their solid frozen state.

(6) Shipments from Cold Storage at 32°F. (0°C.). Commodities covered which are held in cold storage for a continuous period of forty (40) days or more, during which period the temperature within the storage room is maintained at thirty-two degrees Fahrenheit (32°F.) (0°C.) or less, may be admitted into California provided each lot or shipment is accompanied by a certificate, as stated in (1) above, evidencing compliance with the minimum requirements of this paragraph.

(7) Soil or Growing Media When Certified. Soil or growing media specified in (c)(3) is admissible when certified as treated at origin in a manner approved by the Secretary.

Cal. Code Regs. Tit. 3, § 3266

1. Amendment filed 2-24-83; effective thirtieth day thereafter (Register 83, No. 9). For prior history, see Register 82, No. 19.
2. Amendment filed 7-20-83; effective thirtieth day thereafter (Register 83, No. 30).
3. Amendment of subsections (b) and (c) and repealer of subsection (e) filed 10-12-84; designated effective 1-1-85 (Register 84, No. 41).
4. Amendment of subsections (b) and (c) filed 8-16-85; effective thirtieth day thereafter (Register 85, No. 33).
5. Amendment of subsection (c)(1) filed 6-26-86; effective thirtieth day thereafter (Register 86, No. 26).
6. Amendment of section heading and text filed 6-17-94; operative 7-18-94 (Register 94, No. 24).

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