Section 3590 - Pink Bollworm Eradication Area(a) Proclamation of Eradication Area. That portion of the State of California described as follows within which pink bollworm (Pectinophora gossypiella) is known to exist is hereby declared to be an eradication area. The entire counties of Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Benito, San Bernardino, San Diego, and Tulare.
(b) Definition. The following definitions are applicable to this section. (1) Pest. Pink bollworm (Pectinophora gossypiella).(2) Hosts. Cotton (Gossypium), okra (Hibiscus esculentus), kenaf (Hibiscus cannibinus) plants and plant parts and any crop residues thereof or any other plant which by investigation is shown to be capable of sustaining pink bollworm in any stage of development.(3) Possible Carriers. Possible carriers shall include all appliances used in the growing, harvesting, processingand hauling of seed cotton, cottonseed or cotton by-products including but not limited to tractors, trailers, trucks, planting, picking and shredding equipment, cotton gin and processing machinery, the grounds and appurtenances thereto and any lands where host plants are growing or were grown during the past season, or any other thing which by investigation is shown to be capable of harboring or spreading any stage of the pink bollworm. When the Director or Commissioner deems it necessary, no person shall move any vehicle, appliance, plant or plant parts or thing that is restricted in the Pink Bollworm Eradication Area except under permit issued by the Commissioner.(c) Implementing Procedures. In controlling pink bollworm of cotton, Agricultural Commissioners shall be responsible to the Director and shall carry out in their counties programs prescribed by the Director. The Commissioner or the Director may elect, as necessary, to implement some or all of the control methods stated in paragraph (d) and may require persons in possession of property upon which cotton is growing or stored or which contain other hosts of pink bollworm, to use these control methods. Host plants on such property which are not brought into compliance as required, and so maintained, shall be deemed a public nuisance and subject to abatement procedures at the expense of the owner or person in possession.(d) Control Methods (1) The repeated application of insecticidal or herbicidal sprays or dusts or biological agents by approved methods to host plants or possible carriers capable of harboring or spreading the pink bollworm.(2) "Control Methods" and "Requirements for Further Planting" as stated in Section 3595.(3) Visual or mechanical survey to establish the efficacy of treatments and to determine further spread of pink bollworm.(4) Cleanup or treatment of all cotton production and harvesting appliances and farm sites.(5) Continuous processing or treatment of gin trash through approved insect-killing fans or other approved methods.(6) Closure of cotton gins followed by cleanup or treatment by approved methods of said gins and gin yards.(7) Tarping or construction of all trucks, trailers and other appliances hauling unprocessed seed cotton, contaminated cottonseed or unprocessed gin trash to or from cotton gins, or elsewhere, to prevent spillage or blowout along roads.(8) Registration of cotton production equipment including, but not limited to, planters, pickers, tractors, cotton trailers and shredding equipment.(9) Other methods determined necessary in eradicating or controlling pink bollworm, applied to particular plantings, including destruction of growing cotton plants and soil treatments.(e) Permits for Movement of Restricted Articles. When it has been determined by the Director or Commissioner that, due to contamination with live pink bollworm, a hazard of spread of pink bollworm is presented by movements of any product or article of any character whatsoever, the Commissioner at the direction of the Director shall require safeguards and restrict movements of hosts and possible carriers and contaminated products and articles within the eradication area. Notice of such fact shall be given to the person having custody thereof. Thereafter such contaminated product or article may be moved only after it has been cleaned, treated, or otherwise disinfected to the satisfaction of the Commissioner. Permits may be issued by the Director or the Commissioner through a signed agreement with a person engaged in moving within the eradication area of hosts and possible carriers or contaminated products and articles for limited handling, utilization or processing, or for treatment. When the Director or Commissioner deems it necessary, persons intending to move any host or possible carrier or any contaminated product or article shall make application for inspection as far in advance of movement as possible, shall so handle such things as to safeguard them from infestation, and shall assemble them at such points and in such manner as the Director or Commissioner shall designate to facilitate inspection.
Permits may be revoked and further permits may be refused by the Director or Commissioner whenever either one determines that the further use of such permits would in the Director's or Commissioner's judgment result in the spread of the pink bollworm. Because of the nature of said pest, the permit shall be subject to summary revocation for cause at the Commissioner's discretion.
Cal. Code Regs. Tit. 3, § 3590
1. Amendment filed 10-9-73 as an emergency; effective upon filing (Register 73, No. 41).
2. Certificate of Compliance filed 12-21-73 (Register 73, No. 51).
3. Amendment of subsections (c) and (e) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
4. Editorial correction adding NOTE filed 2-17-83 (Register 83, No. 8). Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761- 5763, Food and Agricultural Code.
1. Amendment filed 10-9-73 as an emergency; effective upon filing (Register 73, No. 41).
2. Certificate of Compliance filed 12-21-73 (Register 73, No. 51).
3. Amendment of subsections (c) and (e) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
4. Editorial correction adding NOTE filed 2-17-83 (Register 83, No. 8).