Cal. Code Regs. tit. 3 § 3659

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

Section 3659 - Standards for Movement

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

(1) The plants have been produced, handled, or treated in a manner approved by the Department to eliminate vectors; or,

(2) The plants originate from a non-infested premise or a non-infested portion of a premise as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the plants are monitored during loading for shipment; or,

(3) The plants have been inspected, found to be free of vectors, and have been safeguarded from vectors until shipped.

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

(1) Train employees to inspect for and recognize suspect vectors.

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

(3) If the vector is present, conduct an ongoing monitoring program that includes a vector free shipment staging area and inspection of plants for vectors.

(4) Conduct treatments, as necessary, to ensure that each shipment is free of the vectors.

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

Cal. Code Regs. Tit. 3, § 3659

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 A Certificate of Compliance must be transmitted to OAL by 11-22-2000 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 3-21-2001 or emergency language will be repealed by operation of law on the following day.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 A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.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).

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