Section 3425 - [Operative 1/1/2025] Melon Fruit Fly Interior QuarantineA quarantine is established against the following pest, its hosts, and possible carriers.
(a) Pest. Melon fruit fly (Bactrocera cucurbitae).(b) An area shall be designated as under quarantine when survey results indicate an infestation is present, the Department has defined the infested area, and the local California County Agricultural Commissioner(s) is notified and requests the quarantine area be established. The Department shall also provide electronic and/or written notification of the area designation(s) to other California County Agricultural Commissioners and other interested or affected parties and post the area description to its website at https://www.cdfa.ca.gov/plant/pdep/treatment/. An interested party may also go to the website https://public.govdelivery.com/accounts/CADFA/subscriber/new and elect to receive automatic notifications of any changes in quarantine areas through the list serve option.(1) An infestation is present when:(A) Either eggs, a larva, a pupa, a mated female or two or more adult Melon fruit flies of either sex are detected within three miles of each other and within one life cycle.(B) Satellite infestations. Notwithstanding (b)(4), a detection of a single life stage of Melon fruit fly within any established quarantine area may be considered a satellite infestation and may be used as the epicenter using an additional 4.5-mile radius surrounding the detection to expand the quarantine area.(2) The initial area under quarantine shall be a minimum of a 4.5-mile radius surrounding the detections being used as an epicenter. Commercial host properties shall not be split by the quarantine boundary line and the boundary line shall be expanded beyond the 4.5 miles as necessary to encompass such host material in its entirety. Wherever possible, known accepted mapping features, including, but not limited to, roads, streets, highways, creeks, streams, rivers, canals, city, county, state, park, and forest boundary lines are used first, and if there are no acceptable features such as these, then imaginary lines with or without latitude and longitude points may be used.(3) Any interested party or local entity may appeal an area designation by submission to the Department of a written request for review of the designation accompanied by clear and convincing evidence justifying a change in the designation. The appeal must be submitted to the Department's Legal Office at 1220 N Street, Suite 315, Sacramento, CA 95814 or emailed to CDFA.LegalOffice@cdfa.ca.gov no later than ten (10) working days following publication of the notice of designation. The Department must respond with a written decision no later than ten (10) working days following receipt of the appeal. During the pending of the appeal, the designation under appeal shall remain in effect.(4) The infested area designation shall be removed if no additional life stages are detected by trapping or visual surveys for three life cycles after the last detection that triggered the quarantine. Subsequent detections within the quarantine area that are more than three miles from, or one lifecycle after, the detections triggering the quarantine will not affect the area or duration of the quarantine unless they meet the criteria in subsection (b)(1).(5) The time determined for Melon fruit fly to complete three life cycles begins from the date of the most recent detection and is measured by a life cycle estimate. A life cycle estimate is an assessment of insect development based on a model derived from the temperatures recorded for each day at the time and in the area of an infestation. Daily minimum and maximum temperatures are used to produce an interpolated temperature curve over each 24-hour period and a calculation of how much time is above and below a base developmental (minimum) temperature needed for insect development. This information is used to estimate the time period necessary for the completion of one full lifecycle of Melon fruit fly under the specific local and temporal circumstances. The total amount of heat required to develop from one stage to another is calculated in units called degree-days. If the average temperature in 24 hours is one degree higher than the minimum temperature required for a particular pest, one degree-day's temperature is accumulated in the life cycle estimate. Accumulating degree-days is used to determine the generation time. For Melon fruit fly, the Department uses 1357 degree-days Fahrenheit as the length of one life cycle.(c) Commodities Covered. (1) All fruit, vegetables or berries of the following agricultural, wild, or ornamental plants listed in Title 3, California Code of Regulations, Section 3591.15(b)(1).(2) Soil within the drip area of plants producing, or which have produced fruit, vegetables, or berries as listed in Title 3, California Code of Regulations, Section 3591.15(b)(1).(3) Plants of the listed species in the Cucurbitaceae listed in listed in Title 3, California Code of Regulations, Section 3591.15(b)(1).(4) Any other plant, product, article, or means of conveyance when it is determined by the department or county agricultural commissioner to present a hazard of spreading live melon fruit fly and the person in possession thereof has been so notified.(d) Restrictions.(1) At the wholesale level, articles and commodities covered which have been commercially produced within the area under quarantine are prohibited movement from or within the area under quarantine except in accordance with the following provisions: (A) The commodity has been treated in a manner approved by the department to eliminate melon fruit fly, is transported in a manner approved by the department to preclude exposure to melon fruit fly, and is accompanied by a certificate, verifying compliance with the above requirements, issued by the department or county agricultural commissioner; or,(B) The commodity is moving for treatment for melon fruit fly or processing and in a manner approved by the department to preclude exposure to melon fruit fly and is accompanied by a written document affirming that movement has been authorized by the department or county agricultural commissioner.(2) At the wholesale level, articles and commodities covered which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in accordance with the following provisions: (A) The commodity is moving directly through the area under quarantine without delay in an enclosed vehicle or completely enclosed by a covering to prevent exposure to melon fruit fly; or,(B) The commodity is destined to a wholesale or retail establishment and, if moving between 9:00 a.m. and sunset, is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to melon fruit fly; or,(C) The commodity is destined to a commercial processing facility.(3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment.(4) Articles and commodities covered which have been noncommerically produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the department or county agricultural commissioner.(5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation.(6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the department to preclude exposure to melon fruit fly.Cal. Code Regs. Tit. 3, § 3425
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
1. New section filed 12-10-87 as an emergency; operative 12-10-87 (Register 87, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-11-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 51).
3. Amendment of section heading and new section filed 1-5-2000 as an emergency; operative 1-5-2000 (Register 2000, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-4-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2000 order transmitted to OAL 5-2-2000 and filed 6-1-2000 (Register 2000, No. 22).
5. Repealer of subsection (b)(1) filed 6-11-2002; operative 7-11-2002 (Register 2002, No. 24).
6. New subsection (b) and amendment of subsections (c)(1) and (c)(3)-(4) filed 8-16-2010 as an emergency; operative 8-16-2010 (Register 2010, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-14-2011 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b) filed 9-2-2010 as an emergency; operative 9-2-2010 (Register 2010, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-16-2010 and 9-2-2010 orders, including further amendment of subsection (c)(1), transmitted to OAL 12-14-2010 and filed 1-13-2011 (Register 2011, No. 2).
9. Repealer and reservation of area under quarantine filed 9-28-2011; operative 10-28-2011 (Register 2011, No. 39).
10. Amendment of subsections (c)(1)-(3) filed 3-14-2024; operative 7/1/2024 (Register 2024, No. 11).
11. New subsections (b)-(b)(5) filed 11-21-2024; operative 1/1/2025 (Register 2024, No. 47).