Cal. Code Regs. tit. 3 § 3701.6

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

Section 3701.6 - Inspection and Testing Procedures

(a) Except as otherwise provided, inspection and testing activities described in this section shall be made by the Department, or its authorized agents which, for the purposes of testing, include the Citrus Clonal Protection Program, the Central California Tristeza Eradication Agency and the Jerry Dimittman Laboratory. Official samples submitted to a facility that is certified by the United States Department of Agriculture to perform specific test(s) shall be eligible to fulfill those specific testing requirements of this program. All inspection and testing procedures shall be conducted at times determined suitable by the Department.

(b) Upon submittal of laboratory protocols, and Department review and acceptance thereof, agents may be granted authorization for performing any of the specific laboratory tests required by these regulations. Any change(s) in protocol(s) must be submitted to the Department for review and acceptance prior to their use in this program.

(c) The diseases and associated disease agents of concern to this program and approved test methods are listed below in Table I. Additional inspections and tests other than provided in this section may be required by the Department.

Table I: Diseases, Disease Agents of Concern and Approved Test Methods/Indicators

Diseases of Concern	Disease Agent(s) Viruses	Test/Indicator Plant
Infectious Variegation, Leaf rugose, Crinkly leaf	Citrus variegation ilarvirus Citrus leaf rugose ilarvirus Citrus crinkly leaf ilarvirus	Sour orange Etrog Citron
Leaf blotch	Citrus leaf blotch virus (CLBV) aka	Dweet tangor
Dweet mottle	Dweet mottle virus (DMV)
Leprosis	Citrus leprosis rhabdovirus	Sweet orange
Psorosis A & B (Ring spot)	Citrus psorosis ophiovirus (CPsV)	Sweet orange Dweet tangor
Satsuma Dwarf	Satsuma dwarf virus (SDV) group	Satsuma mandarin, Dweet tangor, White sesame (Sesamum indicum), ELISA
Tatter leaf-Citrange stunt	Apple stem grooving capillovirus (ASGV) aka Citrus tatter leaf virus (CTLV)	Rusk citrange/RL Citrus excelsa
Tristeza (Quick decline, Stem pitting, Seedling yellows)	Citrus tristeza closterovirus (CTV)	Mexican lime, ELISA, Immunoimpression Direct tissue-blot immunoassay
Yellow mosaic	Citrus yellow mosaic badnavirus	Sweet orange, pummelo, ELISA
Viroids
Various citrus growth abnormalities and symptomatologies related to citrus viroids including exocortis and cachexia	Citrus exocortis viroid (CEVd), Hop stunt viroid (HSVd), Citrus variants of HSVd, Citrus viroid-IIa (CVd-IIa): Non-cachexia, CVd-IIIb & -IIc: Cachexia, Citrus bent leaf viroid (CBLVD) aka CVd-I, Citrus dwarfing viroid (CDVd) aka CVd-III, Citrus bark cracking viroid (CBCVd) aka CVd-IV, Citrus viroid V (CVd-V), Citrus viroid VI (CVd-VI) aka CVD-OS	Etrog citron Arizona 861-S1/RL and sPAGE,Imprint Hybridization
Procaryotes
Citrus variegated chlorosis	Xylella fastidiosa	PCR and sequencing
Huanglongbing (Citrus greening)	Candidatus Liberobacter sp.	Sweet orange PCR Source plant observation
Stubborn	Spiroplasma citri	Culture Sweet orange
Witches' broom	Candidatus Phytoplasma aurantifolia	Mexican lime, PCR
Unknown
Australian Dieback	Uncharacterized, probable phytoplasma	Sweet orange, grapefruit
Concave gum	Unknown	Dweet tangor Sweet orange
Chlorotic dwarf	Unknown	Sour orange, rough lemon
Cristacortis Impietratura	Unknown	Dweet tangor Sweet orange
Vein enation	Unknown, probably Luteovirus	Mexican lime Sour orange
Impietratura	Unknown	Dweet tangor. Sweet orange

(d) Testing. Tests shall be conducted as described in Table 1 unless the Department approves or requires changes.

(1) Mother trees and mother lines shall be tested as follows:

(A) Field-grown registered mother trees shall be tested by the Department annually for Tristeza and Huanglongbing, at least once every 36 months for viroids and at least once every 72 months for psorosis.

(B) Registered mother trees and mother lines, maintained in a departmentally approved insect-resistant structure meeting the requirements of Section 3701.5, shall be tested as follows:

1. For Tristeza and Huanglongbing:

A. Prior to their first use as a propagative source but no later than 72 months from the date of propagation, the trees and mother lines shall be tested for Tristeza and Huanglongbing, and for the next two consecutive years following this initial testing.

B. Thereafter, to be used as propagative sources, the trees and mother lines shall have been tested within the previous three years for Tristeza and within the previous six years for Huanglongbing unless the disease is detected in the State. If Huanglongbing is detected in the State, the trees shall have been tested within the previous 36 months for Huanglongbing.

C. Registered trees not in current use as propagative sources must be tested at least once every six years to be eligible to remain in the program.

2. For Viroids:

A. Beginning January 1, 2013, to be used as propagative sources, the trees and mother lines shall have been tested within the previous three years, with the following exception,

B. Beginning January 1, 2016, mother trees and mother lines maintained in insect-resistant structures within which no trees have been tested positive for viroids shall be tested prior to their first use as a propagative source and at least once every six years thereafter.

3. For psorosis: At least once every six years.

(C) In addition to the above, mother trees or mother lines found to be infected with the citrus variant of the HSVd, citrus viroid IIa (CVd-IIa, Non-cachexia variant) shall be tested to ensure the sequence similarity of the detected CVd-IIa with the Department approved growth modifying Tsn-RNA IIa.

(2) Seed trees shall be tested at least every six years for Huanglongbing, psorosis A & B and citrus leaf blotch virus.

(e) Should any tree within an insect-resistant structure test positive for any disease covered in these regulations, the Department may require additional testing of any tree within that structure. The Department's decision to require additional testing shall be based upon a risk evaluation conducted by the Department which shall be made available to the participant and include the following elements:

(1) Length of time deficiencies existed prior to correction.

(2) Size of breach, if applicable.

(3) Number and type of past actions taken by the Department.

(4) Type of pathogen or vector of concern.

(5) Identification of pathogen or vector.

(6) Test results.

(7) Presence or absence of pathogens, target vectors and hosts in the geographic area of nursery site at such distances or levels that spread of these pathogens or vectors into the nursery is either likely or not.

(8) Degree of infestation or population numbers of target vectors.

(9) Chemical application records supporting appropriate use of pesticides.

(10) Destruction or treatment of infested material.

(11) Interviews with employees or others familiar with operational procedures.

(f) The Department may require re-testing of any tree for which the test results are deemed inconclusive by the facility performing the diagnostics, or at the request of the affected participant.

(g) The Department may approve or require the substitution or addition of other tests, under generally accepted standards of scientific analysis, which are of equal or better reliability in detecting the diseases and disease agents of concern in this section.

(h) The Department shall publish a notice of approval of any test method which is substituted for or in addition to those listed in this section to program participants and on the Department's web site.

(i) Inspection. The Department may perform unannounced inspections of structures and/or plants entered in the program at any time during normal business hours. In addition, each participant nursery shall be subject to an annual inspection of the following:

(1) All required records pertaining to trees entered in the program.

(2) All insect-resistant structures maintained as part of the program.

(3) The participant's compliance agreement for insect-resistant structures.

Cal. Code Regs. Tit. 3, § 3701.6

1. New section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 48).
3. New section refiled 11-24-2010 as an emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 15).
5. New section refiled 4-14-2011 as an emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-13-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-14-2011 order, including amendment of section, transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
7. Change without regulatory effect amending NOTE filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
8. Amendment of NOTE filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).

Note: Authority cited: Sections 407, 5801, 5802 and 6946, Food and Agricultural Code. Reference: Sections 407, 5310, 5311, 5801, 5802, 5803, 6940, 6941, 6943 and 6945, Food and Agricultural Code.

1. New section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 48).
3. New section refiled 11-24-2010 as an emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 15).
5. New section refiled 4-14-2011 as an emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-13-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-14-2011 order, including amendment of section, transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
7. Change without regulatory effect amending Note filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
8. Amendment of Note filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).