Cal. Code Regs. tit. 3 § 3436

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 3436 - Bactrocera albistrigata Interior Quarantine

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

(a) Pest. White striped fruit fly, Bactrocera albistrigata.

(b) Area Under Quarantine. [Reserved]

(c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of white striped fruit fly.

(1) All fruit, vegetables or berries of the plants listed in CCR 3591.23(b) White Striped Fruit Fly Eradication Area.

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

(3) Any other product, article, or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of white striped fruit fly and the person in possession thereof has been so notified.

(d) Restrictions.

(1) At the wholesale level, articles and commodities covered in Section (c) are prohibited movement within or from the area under quarantine except as provided in (A) or (B) below:

(A) If the article or commodity has been treated in a manner approved by the department to eliminate white striped fruit fly, is transported in a manner to preclude exposure to white striped fruit fly, and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming compliance with this subsection; or,

(B) The article or commodity is moving for treatment for white striped fruit fly or processing and in a manner approved by the department to preclude exposure to white striped fruit fly and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming such movement has been authorized under this subsection.

(2) At the wholesale level, articles and commodities covered in Section (c) 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 compliance with (A), (B) or (C) below:

(A) If the article or commodity is moving directly through the area under quarantine without delay and by a direct route in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the white striped fruit fly while enroute through the area; or,

(B) The article or commodity is destined to a wholesale or retail establishment within the quarantined area and, if moving between 9 a.m. and sunset, is transported in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the white striped fruit fly; or

(C) The article or 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 noncommercially 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 white striped fruit fly. No commodity covered shall be held for sale or sold from a truck, trailer, or other mobile vehicle.

Cal. Code Regs. Tit. 3, § 3436

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

1. New section filed 7-31-2009 as an emergency; operative 7-31-2009 (Register 2009, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-27-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-19-2010 as an emergency; operative 1-19-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-19-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-19-2010 order, including amendment of subsections (c)(3) and (d)(2)(B), transmitted to OAL 2-23-2010 and filed 3-24-2010 (Register 2010, No. 13).
4. Repealer and reservation of subsection (b)(1) filed 3-9-2012; operative 3-9-2012 pursuant to Government Code section 11343.4(Register 2012, No. 10).
5. Amendment of subsection (c)(1) filed 4-25-2024; operative 7/1/2024 (Register 2024, No. 17).