Cal. Code Regs. tit. 3 § 3591.12

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 3591.12 - Peach Fruit Fly Eradication Area

(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which peach fruit fly, Bactrocera zonata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such, it is amenable to the provisions of Article 4 (Sections 5761, 5762, 5763 and 5764) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.

(1) The entire county of Alameda.

(2) The entire county of Contra Costa.

(3) The entire county of Fresno.

(4) The entire county of Los Angeles.

(5) The entire county of Madera.

(6) The entire county of Napa.

(7) The entire county of Orange.

(8) The entire county of Riverside.

(9) The entire county of Sacramento.

(10) The entire county of San Bernardino.

(11) The entire county of San Joaquin.

(12) The entire county of San Mateo.

(13) The entire county of Santa Clara.

(14) The entire county of Solano.

(15) The entire county of Ventura.

(b) Hosts.

(1) Fruit of the following plants:

*Scientific Name*	*Common Name*
Aegle marmelos	Baeltree
Afzelia xylocarpa	Doussie
Annona reticulata	Custard apple
Annona squamosa	Sugar apple
Careya arborea	Patana oak
Carica papaya	Papaya
Casimiroa edulis	White sapote
Citrullus lanatus	Watermelon
Citrus aurantium	Sour orange
Citrus limon	Lemon
Citrus nobilis x C. deliciosa	Kinnow
Citrus paradisi	Grapefruit
Citrus reticulata	Mandarin orange
Citrus sinensis	Orange
Coccinia grandis	Ivy gourd
Cucumis sativus	Cucumber
Cydonia oblonga	Quince
Elaeocarpus hygrophilus	Ma-kok-nam
Eriobotrya japonica	Loquat
Ficus carica	Fig
Grewia asiatica	Phalsa
Lagenaria siceraria	Bottle gourd
Luffa acutangula	Angled loofah
Luffa spp.	Tori
Malpighia emarginata	Barbados cherry
Malus pumila	Apple
Malus sylvestris	Crab apple
Mangifera indica	Mango
Manilkara zapota	Sapodilla
Mimusops elengi	Spanish cherry
Momordica charantia	Bitter melon
Olea europaea	Olive
Persea americana	Avocado
Phoenix dactylifera	Date palm
Prunus armeniaca	Apricot
Prunus avium	Sweet cherry
Prunus domestica	Plum
Prunus persica	Peach
Prunus sp.	N/A
Psidium cattleyanum	Strawberry guava
Psidium guajava	Guava
Punica granatum	Pomegranate
Putranjiva roxburghii	Wild olive
Pyrus communis	Pear
Pyrus ussuriensis	Manchurian pear
Solanum lycopersicum	Tomato
Solanum melongena	Eggplant
Syzygium jambos	Rose apple
Syzygium samarangense	Java apple
Terminalia catappa	Tropical almond
Ziziphus jujuba	Jujube
Ziziphus mauritiana	Chinese date

Any other plants determined by the director to produce fruit which is attacked by Bactrocera zonata.

(2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit.

(c) Means and method. The following means and methods may be used in the eradication and control of said pest in said area:

(1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication.

(2) The removal and destruction of hosts, including plants of hosts, if such is a practical way of eliminating the infestation.

(3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means.

(4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts.

(5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly.

(6) The importation, rearing, or liberation of sterile forms of the fly.

Cal. Code Regs. Tit. 3, § 3591.12

Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code.

1. New section filed 9-20-93 as an emergency; operative 9-20-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL 1-18-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 46.
2. Certificate of Compliance as to 9-20-93 order transmitted to OAL 1-6-94 and filed 2-8-94 (Register 94, No. 6).
3. Amendment repealing and reserving subsection (a)(1) filed 4-24-97; operative 5-24-97 (Register 97, No. 17).
4. New subsection (a)(1) filed 10-23-97 as an emergency; operative 10-23-97 (Register 97, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-23-97 order transmitted to OAL 1-29-98 and filed 3-9-98 (Register 98, No. 11).
6. New subsection (a)(2) filed 9-6-2001 as an emergency; operative 9-6-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-2002 or emergency language will be repealed by operation of law on the following day.
7. New subsection (a)(2) and subsection renumbering filed 12-4-2001 as an emergency; operative 12-4-2001 (Register 2001, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-3-2002 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 9-6-2001 order transmitted to OAL 12-27-2001 and filed 2-7-2002 (Register 2002, No. 6).
9. Certificate of Compliance as to 12-4-2001 order transmitted to OAL 4-3-2002 and filed 4-23-2002 (Register 2002, No. 17).
10. New subsection (a)(2) and subsection renumbering filed 5-18-2006 as an emergency; operative 5-18-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-2006 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 5-18-2006 order transmitted to OAL 8-11-2006 and filed 8-23-2006 (Register 2006, No. 34).
12. New subsection (a)(3) and subsection renumbering filed 9-12-2006 as an emergency; operative 9-12-2006 (Register 2006, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2007 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 9-12-2006 order transmitted to OAL 12-19-2006 and filed 1-31-2007 (Register 2007, No. 5).
14. Amendment of subsection (a), new subsections (a)(4), (a)(6) and (a)(8), subsection renumbering and amendment of Note filed 7-11-2013 as an emergency; operative 7-11-2013 (Register 2013, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2014 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 7-11-2013 order, including amendment of subsection (b)(1), transmitted to OAL 10-31-2013 and filed 12-16-2013; amendments effective 4-1-2014 pursuant to Government Code section 11343.4(a) (Register 2013, No. 51).
16. New subsection (a)(9) and amendment of subsection (b)(1) filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.
17. New subsection (a)(10) filed 11-2-2016 as an emergency; operative 11-2-2016 (Register 2016, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-1-2017 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-20-2016 order transmitted to OAL 11-29-2016 and filed 1-9-2017 (Register 2017, No. 2).
19. Certificate of Compliance as to 11-2-2016 order, including nonsubstantive amendment of Note, transmitted to OAL 4-25-2017 and filed 6-1-2017 (Register 2017, No. 22).
20. Amendment of subsection (b)(1) filed 7-25-2017 as an emergency; operative 7-25-2017 (Register 2017, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-2018 or emergency language will be repealed by operation of law on the following day.
21. Certificate of Compliance as to 7-25-2017 order transmitted to OAL 12-4-2017 and filed 1-16-2018 (Register 2018, No. 3).
22. New subsection (a)(11) filed 9-12-2018 as an emergency; operative 9/12/2018 (Register 2018, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-11-2019 or emergency language will be repealed by operation of law on the following day.
23. New subsections (a)(2), (a)(10) and (a)(11), repealer of subsections (a)(7)-(8) and subsection renumbering filed 10-2-2018 as an emergency; operative 10/2/2018 (Register 2018, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-2-2019 or emergency language will be repealed by operation of law on the following day.
24. New subsection (a)(6) and subsection renumbering filed 10-8-2018 as an emergency; operative 10/8/2018 (Register 2018, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2019 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 9-12-2018 order transmitted to OAL 3-7-2019 and filed 4/15/2019 (Register 2019, No. 16).
26. Certificate of Compliance as to 10-2-2018 order transmitted to OAL 3-28-2019 and filed 5-1-2019 (Register 2019, No. 18).
27. Certificate of Compliance as to 10-8-2018 order transmitted to OAL 3-28-2019 and filed 5/2/2019 (Register 2019, No. 18).
28. New subsection (a)(5) and subsection renumbering filed 10-14-2020 as an emergency; operative 10/14/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 8-10-2021 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 10-14-2020 order transmitted to OAL 6-4-2021 and filed 7/15/2021 (Register 2021, No. 29).
30. New subsection (a)(9) and subsection renumbering filed 1-8-2024; operative 4/1/2024 (Register 2024, No. 2).