Section 3425 - [Operative until 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) Area Under Quarantine. [Reserved]
(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).