Cal. Code Regs. tit. 3 § 3655

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 3655 - Standards for Movement

(a) Bulk grapes shall meet the following standards prior to shipment from an infested area to a non-infested area:

(1) The bulk grapes have originated from a vineyard which has been harvested, handled, or treated in a manner approved by the Department to eliminate vectors and the grapes are monitored during harvest; or,

(2) The bulk grapes have originated from a non-infested vineyard as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the grapes are monitored during harvest; or,

(3) If the county agricultural commissioner at origin and destination determine that compliance with subparagraph (1) or (2) is not feasible, the bulk grapes and associated plant material may be moved for processing in a manner approved by the Department which eliminates the potential artificial spread of vectors and the grapes are monitored during harvest, if feasible, and upon arrival for processing. The commissioners shall notify the Department of their determination as soon as is practicable; or,

(4) The bulk grapes have completed a post-harvest treatment approved by the Department to eliminate all live vectors.

(b) To ensure that the above standards are met, the grower shall do all of the following:

(1) Notify the county agricultural commissioner (of the county in which the vineyard is located) a minimum of 72 hours prior to the initiation of harvest.

(2) Assure that a certificate, as provided in Section 3656, is attached to every shipment and is provided to the receiver.

(3) Maintain harvest and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

(c) To ensure that the above standards are met, the receiver shall do all of the following:

(1) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the receiver is located) to determine if the vector is present at the receiver's facility.

(2) Collect the certificates, required in Section 3656, for each shipment and maintain them as part of the shipment documentation.

(3) Dispose of all material other than grapes in a manner that eliminates vector survival risk. Disposal methods include, but are not limited to, steam, crush, cold treat, and solarization.

(4) Maintain trapping, vector detection, and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

Cal. Code Regs. Tit. 3, § 3655

1. New article 2 (sections 3655-3657) and 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 article 2 (sections 3655-3657) and 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 article 2 (sections 3655-3657) and 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 article 2 (sections 3655-3657) and 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 article 2 (sections 3655-3657) and 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 article 2 (sections 3655-3657) and 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: Section 6045, Food and Agricultural Code.