Cal. Code Regs. tit. 3 § 3408

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

Section 3408 - Spongy Moth Interior Quarantine

A quarantine is established against the following pest, its hosts, and possible carriers.

(a) Pest. Spongy moth (Lymantria dispar) a lepidopterous insect of the family Lymantriidae which in the larval stage defoliates many species of trees and shrubs.

(b) Area Under Quarantine. [Reserved]

(c) Articles and Commodities Covered. (Hosts and Carriers)

(1) Trees, shrubs with persistent woody stems, and parts of such trees and shrubs except seeds, fruits, and cones.

(2) Timber and building materials, including such items as lumber, planks, poles, logs, firewood, fencing and building blocks.

(3) Mobile homes, recreational vehicles, trailers, boats, and associated equipment.

(4) Outdoor household articles including furniture, garden tools and garden machinery.

(5) Any other items or means of conveyance not covered above when it is determined by a State plant quarantine officer that the item presents a hazard of spread of the spongy moth and the person in possession thereof has been so notified.

(d) Restrictions. Items under quarantine are prohibited movement from the area under quarantine except under the following conditions:

(1) Any item under quarantine may be inspected and certified by a State plant quarantine officer if, in his opinion and judgment, it is free of all stages of spongy moth. Any item that in the opinion and judgment of a State plant quarantine officer is too large or for other reasons cannot be adequately inspected for all stages of spongy moth will not be certified except as indicated in paragraphs (3) and (4) below.

(2) Garden prunings from trees and shrubs may be moved to the city or county dumps where such material is to be buried, incinerated, composted, or otherwise treated or handled in a manner that is approved by the County Agricultural Commissioner. Certification is not necessary for such material picked up by city or county vehicles or trucking companies under contract to haul such material.

(3) Any item which cannot be adequately inspected as stated in (1) above may be moved from the quarantine area if cleaned or treated as prescribed by the Secretary and in a manner satisfactory to the County Agricultural Commissioner. Items cleaned or treated shall be certified by the County Agricultural Commissioner or a State plant quarantine officer for movement from the quarantine area.

(4) The County Agricultural Commissioner or State plant quarantine inspectors may also certify items for movement when in their judgment the item has not been exposed to infestation, or has not been exposed to infestation after properly being inspected, cleaned, or treated.

(e) Director May Issue Special Permits. The Director may issue special permits allowing movement of articles or commodities otherwise prohibited. The permit shall state any and all mandatory provisions or conditions under which movement will be allowed.

Cal. Code Regs. Tit. 3, § 3408

1. New section filed 10-28-2008 as an emergency; operative 10-28-2008 (Register 2008, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-27-2009 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 98, No. 29.
2. Certificate of Compliance as to 10-28-2008 order transmitted to OAL 4-21-2009 and filed 6-1-2009 (Register 2009, No. 23).
3. Amendment repealing and reserving quarantine designation in subsection (b) filed 3-14-2011; operative 4-13-2011 (Register 2011, No. 11).
4. Change without regulatory effect amending section heading and subsections (a), (c)(5) and (d)(1) filed 7-26-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 30).

Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.