Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) The Commissioner shall keep records of
inspections made and of orders issued to enforce this article.
(1) Inspections of the growing grounds,
storage yards, and sales places of nursery stock, other than seed, shall be
performed by a qualified nursery and seed inspector who shall make a sufficient
examination of all varieties and all lots or blocks of nursery stock and all
established plants, appliances, and other things thereon as may be necessary to
determine compliance with this article.
(A)
The inspection shall be substantiated by the filing with the Commissioner of a
report of such inspection showing the names of pests and infested or infected
host plants and their location in the nursery, and the disposition of all
blocks of stock found infested or infected to a degree greater than the minimum
requirements of this article.
(B)
The Commissioner or the Director may require by a written order that any
nursery stock found infested or infected with a pest shall be isolated or
safely delimited in a manner approved by the Commissioner or the Director, and
may specify that the pest shall be controlled or eradicated, or that the
infested or infected plants shall be disposed of in a manner satisfactory to
the Commissioner or the Director within a reasonable specified length of
time.
(C) The Secretary may permit
nursery stock which may be infested with pests, subject to quarantine
regulations or Section
3060.2(b)(1), to
be sold for planting or for resale for planting, within the area under
quarantine or area infested with a specified pest, where the nursery stock is
offered for sale, provided that:
1. a
quarantine or other pest shall not be eligible for movement as described in
this section unless it has been so designated herein by the Secretary (the
Secretary has designated Homalodisca vitripennis,
glassy-winged sharpshooter, as eligible for movement as described in this
section); and
2. the nursery stock
is moved between points within the area under quarantine or within the area
infested with the specified pest and involves no movement outside thereof;
and
3. the pest is not under
eradication in the quarantine or infested area; and
4. movement of the nursery stock is not
specifically prohibited by the quarantine regulation or local ordinance;
and
5. the nursery stock is
commercially clean.
(D)
Nursery stock which does not meet the standards of cleanliness prescribed in
Subarticle 10 Section
3060.2 shall not be sold except as
provided in (C) above or under a written agreement between the buyer and seller
which discloses the following:
1. failure to
comply with the standards of cleanliness;
2. affirmation of the buyer's agreement to
purchase the stock on an "as is" basis; and
3. written agreement by the destination
department of agriculture the stock for planting by the buyer or resale at
retail for non-farm use in the destination county or
state.
(2)
Inspection of seed for the purpose of issuing nursery stock certificates shall
be in accordance with the methods prescribed for official sampling and
examination of seed for noxious weed seed under the California Seed Law.
Sampling and examination shall be performed by a qualified nursery and seed
inspector or by a seed botanist of the Department. The inspection is to be
substantiated by the filing with the Commissioner of a report by the inspector
for each six-month period showing that the shipper has complied with this
article.
(b)
Notification.
(1) When an application to sell
nursery stock is received from a person not previously licensed at the location
involved, the Director shall notify the Commissioner allowing 15 days for the
Commissioner to make whatever recommendations he deems appropriate regarding
the issuance of the license.
(2)
Upon receipt of notice from the Commissioner that a licensee or applicant for a
license has failed to comply with the standard of cleanliness set forth herein
or has failed to comply with a written order issued by the Commissioner, the
Director will take appropriate action against the application or license
involved.
(3) The Commissioner
shall notify the Director of the issuance, suspension, or revocation of nursery
stock certificates to any shipper.
(4) The Commissioner shall notify the
Director when a shipment of nursery stock from within the State is found
infested or infected with a pest in violation of the standard of cleanliness
herein established.
(c)
Suspension. The use of nursery stock certificates shall be suspended, as to all
nursery stock, other than seed, or as to infested or infected and exposed host
plants:
(1) Upon finding in the nursery any
new pest, determined by the Director to be of serious importance to agriculture
or pending such determination, until isolation, clean up, or eradication in a
manner approved by the Director is complied with; or
(2) Upon finding in the nursery any pest that
is required by this article to be kept under intensive control until either
(A) All hosts or carriers likely to be
infested or infected are prohibited movement by a written hold order
or
(B) Adequate precautions or
intensive control measures have been applied which will assure the pest
cleanliness of hosts or carriers when shipped; or
(3) Upon finding in the nursery an
infestation or infection or any established pest of general distribution in a
degree greater than commercially clean, until such infestation or infection is
controlled to the satisfaction of the Commissioner or
Director.
(d) Revocation.
Nursery stock certificates shall be revoked:
(1) As to nursery stock, other than seed,
upon repeated findings within the preceding twelve months that the shipper has
failed to maintain the standard of cleanliness herein prescribed;
(2) As to nursery stock, including seed, upon
finding that the shipper has violated any law or regulation pertaining to
nursery stock, including seed, or the requirements of this
article.
(e) Refusal.
Issuance of nursery stock certificates may be refused if during the preceding
twelve months:
(1) An authorization of the
shipper to use nursery stock certificates has been revoked; or
(2) The shipper has failed or refused to
comply with any law or regulation pertaining to nursery stock or pests;
or
(3) Conditions in or around the
nursery have exposed nursery stock to infestation by pests, including weed
seeds, and for which adequate precautions or control measures cannot be or have
not been applied.
1.
Amendment of subsections (a) (2), (b) (1), (c) (3), (e) (2) and new subsection
(e) (3) filed 1-23-73; effective thirtieth day thereafter (Register 73, No.
4).
2. New subsection (a)(1)(C) filed 11-14-74; effective thirtieth
day thereafter (Register 74, No. 46).
3. Amendment filed 7-28-77 as
organizational and procedural; effective upon filing (Register 77, No.
31).
4. Amendment filed 9-11-79; effective thirtieth day thereafter
(Register 79, No. 37).
5. New subsection (a)(1)(D) filed 7-28-86;
effective thirtieth day thereafter (Register 86, No. 32).
6.
Amendment of subsection (a)(1)(C) filed 4-4-2000 as an emergency; operative
4-4-2000 (Register 2000, No. 14). A Certificate of Compliance must be
transmitted to OAL by 8-2-2000 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance
as to 4-4-2000 order transmitted to OAL 8-1-2000 and filed 9-7-2000 (Register
2000, No. 36).
8. Change without regulatory effect amending
subsection (a)(1)(C)1. filed 2-10-2009 pursuant to section
100, title 1, California Code of
Regulations (Register 2009, No. 7).
Note: Authority cited: Sections
407,
6901
and
6961,
Food and Agricultural Code. Reference: Sections
6901-
6904
and
6961,
Food and Agricultural Code.
