Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Responsibilities of Foundation Plant
Services (FPS).
(1) Select source grapevines
from which foundation block candidate grapevines are propagated.
(2) Conduct tests, in accordance with Section
3024.5 of this article, to qualify
foundation block candidate grapevines for planting in the foundation block, and
test established grapevines in the foundation block in accordance with the
provisions of this article.
(3)
Apical microshoot tip culture is reserved for FPS and will be used as
determined by FPS to be beneficial to the program.
(4) Select the planting location for
foundation block plantings and submit application for site approval to the
Department.
(5) Identify grapevine
variety experts who will inspect or test vines in the foundation block for
trueness-to-variety; document variety inspection results; and apply to the
Department to register grapevines growing in the foundation block after they
are reported to be true-to-variety.
(6) Perform all cultural practices required
to maintain health and vigor of foundation vineyard. Conduct visual disease
inspections of all grapevines in the foundation block, in accordance with the
provisions of this article.
(7)
Maintain an inventory of all registered vines in the foundation block and
provide to the Department upon request.
(8) Maintain records of all grapevines
removed from the foundation block or from registration including the specific
row and vine location and reason for the removal.
(9) Maintain records for all grapevines
planted in the foundation block including records showing that tests and
inspections, in accordance with the provisions of Section
3024.5 of this article, have been
completed.
(10) Upon request
provide a report to the Department showing all of the foundation stock that was
distributed by FPS and identified with foundation stock tags. The report shall
include the names and addresses of recipients, quantity received, date, tag
number, variety, selection number, and foundation vine source.
(11) Notify the Department, and all program
participants who are affected, of any grapevines in the foundation block that
are found to be diseased or off-type.
(12) At time of sale of provisional
foundation stock or foundation stock, provide participants with documentation
for all grape propagation materials and grapevines the participant received
from FPS. The documentation shall include: variety name, FPS selection number,
specific foundation block source, and registration status for all propagation
materials and grapevines distributed from FPS to the participant after
1986.
(13) Notify the Department
and recipients of provisional foundation stock when the trueness to variety
testing has been completed and if the provisional foundation stock qualifies as
foundation stock.
(b)
Responsibilities of the participant.
(1) Pay
all costs associated with fulfilling the responsibilities of the
participant.
(2) Select the
planting location for primary increase block(s), secondary increase block(s),
and/or certified nursery planting(s), submit application to the Department for
site approval and obtain written permission from the Department to plant in
that site.
(3) Procure qualified
propagative materials for planting in the primary and/or-secondary increase
block(s) and/or nursery plantings.
(4) Apply to the Department to register
grapevines within six months of planting or topworking grapevines in the
participant's primary increase block(s), and planting grapevines in the
participant's secondary increase block(s). Submit with the application records
showing that the grapevines are eligible for registration.
(5) Apply to the Department for grapevine
registration within two months of planting vines in the participant's certified
nursery planting(s). Submit with the application records showing that
grapevines are eligible for registration.
(6) Maintain, and provide, within five
working days, to the Department upon request, a record of all grapevines
registered in the participant's primary and secondary increase block(s). For
increase block vines planted before July 1, 2010, source documentation
previously approved by the Department shall be accepted. Submit a separate
report for each block containing the following information in a format
prescribed by the Department:
(A) General
Information:
1. Name of participant
2. Block location
3. Block #
(B) Current inventory--provide the following
information for each grapevine in the block:
1. Variety name and FPS selection
number
2. Block, row, and grapevine
location in field plantings or greenhouse location for potted
grapevines
3. Date of planting,
replanting (if applicable), and topworking (if applicable)
4. For all primary increase block vines,
identify the original foundation block row and vine source and all intermediate
source vines. All sources for primary increase block vines shall be reported as
a single vine in each generation.
5. For all secondary increase block vines
identify the original foundation block row and vine source and all intermediate
source vines. Intermediate sources for secondary increase blocks may be
reported by designating a group of vines of the same FPS selection
number.
(7)
Maintain, and provide, within five working days, to the Department upon
request, records of all grapevines in the participant's primary and secondary
increase block(s), and/or certified nursery planting(s) which have been removed
from registration; reason for the removal; and location of grapevine before
removal.
(8) Maintain, and provide,
within five working days, to the Department upon request, records of all
grapevines in the participant's primary increase blocks that have been top
worked.
(9) Use propagation,
farming, and sanitation practices as required in Section
3024.4.
(10) Verify that all grapevines in
participant's primary increase block(s), secondary increase block(s), and
certified nursery plantings are true-to-variety and remove off-type
vines.
(11) Identify/label
registered grapevines in the participant's primary increase block(s) and
secondary increase block(s); and certified grapevines in the participant's
certified blocks with the variety name and with the FPS selection
number.
(12) Maintain records for
all registered and certified stock produced, sold, and/or traded by the
participants for at least five years after the date of disposition and provide,
within five working days, to the Department upon request. Records shall include
date harvested, disposition of such stock, name and address of customer, tag
number, date, number of units identified by each tag, plant type, variety,
selection of scion, and nursery block identification.
(13) Remove grapevines from the participant's
primary increase block(s), and secondary increase block(s) which have been
canceled or identified as off-type by the Department within a month of
notification by the Department. Grapevines, in participant's certified nursery
plantings, which have been canceled or identified as off-type by the Department
may be retained and sold as common stock.
(14) Notify the Department at least 24 hours
in advance of any pest control treatments in plantings using a pesticide that
has reentry or worker safety requirements that would create a health hazard for
the Department's employees, or in any manner interfere with the Department's
ability to conduct scheduled inspections or other field activities. This
subsection shall apply when the Department has notified the participant of the
date of a planned inspection or other program-related action that would bring
the Department's representative(s) into a treated area or into contact with
treated plants.
(15) Within
fourteen days of receiving notification from the Department, notify in writing
all who have received nursery stock from suspended or cancelled
vines.
(c)
Responsibilities of the Department.
(1)
Maintain records of all current foundation blocks, primary increase blocks,
secondary increase blocks, and certified nursery plantings in the State of
California.
(2) Process
applications from applicants and/or requests for records from applicant within
30 days of receipt.
(3) Approve
planting sites for foundation blocks, primary increase blocks, secondary
increase blocks, and certified nursery plantings.
(4) Inspect and test participant's primary
and secondary increase blocks, and certified nursery plantings in accordance
with the provisions of this article and as required by the
Department.
(5) Suspend
registration or certification of grapevines suspected of being diseased,
off-type, and/or not produced in compliance with the provisions of this article
based on preliminary tests or visual inspections performed by the Department or
its designee.
(6) Cancel
registration or certification of grapevines that are found to be infected with
diseases listed in Section
3024.5, using tests prescribed in
Section 3024.5, or are highly likely to be
infected because the source vine(s) tested positive for disease using tests
prescribed in Section
3024.5, or the Department
determines the vines are off type, and/or the vines have been produced out of
compliance with the provisions of this article.
(7) Notify affected participants of
suspension or cancellation of grapevines and propagative materials in the
foundation block reported to be diseased or off-type.
(8) Enforce suspension or cancellation of
registered or certified vines and propagative materials.
1.
Amendment filed 6-18-71; effective thirtieth day thereafter (Register 71, No.
25).
2. Amendment filed 7-28-77 as organizational and procedural;
effective upon filing (Register 77, No. 31).
3. Renumbering and
amendment of former Section
3025 to Section
3024.2 filed 12-30-83; effective
thirtieth day thereafter (Register 84, No. 1).
4. Amendment of
section heading and repealer and new section filed 6-10-2010; operative
7-1-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 24).
Note: Authority cited: Sections
407
and
5823,
Food and Agricultural Code. Reference: Sections
5821
and
5822,
Food and Agricultural Code.