Cal. Code Regs. tit. 3 § 3651

Current through Register 2024 Notice Reg. No. 17, April 26, 2024

Section 3651 - Control Program

(a) The Pierce's Disease Control Program is to be conducted by the local public entity designated by that county's board of supervisors under a Department approved local Pierce's disease workplan, including proposed treatment of Pierce's disease and its vectors.

(b) The Department shall provide logistical support and assistance when necessary for combating Pierce's disease and its vectors. Logistical support and assistance includes:

(1) Biological control assistance.

(2) Provide information on production practices to reduce levels of Pierce's disease and its vectors.

(3) Conduct workplan activities when necessary.

(4) Develop pest control alternatives.

(c) Workplans.

(1) The Pierce's Disease Control Program workplan elements shall include, but are not limited to, all of the following:

(A) Develop and deliver producer outreach information and training to local communities, groups, and individuals to organize involvement with the workplan and to raise awareness regarding Pierce's disease and its vectors.

(B) Develop and deliver ongoing training of the designated local public entity's employees in the biology, survey, and treatment of Pierce's disease and its vectors.

(C) Identify a local Pierce's disease coordinator within the designated local public entity.

(D) Conduct detection and delimitation surveys for vectors.

(E) If determined necessary to prevent the establishment and spread of Pierce's disease and its vectors, direct and coordinate treatment programs to control or eliminate Pierce's disease and its vectors. Treatment programs shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner.

(F) Develop and implement a data collection system to track and report new infestations of Pierce's disease and its vectors in a manner respectful of property and other rights of those affected.

(2) The Department may permit the local public entity to establish variations from the standards set forth in this subchapter based on the written submission to the Department of clear and convincing evidence of stakes and risks to justify a more or less stringent standard.

(3) The local public entity shall conduct a hearing if an application of the workplan is appealed in writing to that entity. The results of said hearing shall be transmitted to the Department. The hearing notice procedures shall meet minimum due process standards appropriate for the circumstances. The notice and hearing procedures shall be set out in the workplan of the local public entity.

Cal. Code Regs. Tit. 3, § 3651

1. New section filed 7-25-2000 as an emergency; operative 7-25-2000 (Register 2000, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-2000 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 11-21-2000 as an emergency; operative 11-21-2000 (Register 2000, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-21-2001 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 7-11-2001 as an emergency; operative 7-11-2001 (Register 2001, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-8-2001 or emergency language will be repealed by operation of law on the following day.
5. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 42).
6. New section filed 10-17-2002 as an emergency; operative 10-17-2002 (Register 2002, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-14-2003 or emergency language will be repealed by operation of law on the following day.
7. New section refiled 2-6-2003 as an emergency; operative 2-14-2003 (Register 2003, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-16-2003 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-6-2003 order transmitted to OAL 6-16-2003 and filed 7-28-2003 (Register 2003, No. 31).
9. Amendment of subsection (c)(1) filed 9-30-2003; operative 9-30-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 40).

Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Sections 6045 and 6046, Food and Agricultural Code.