California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 2 - Nursery Stock
Article 5 - Registration and Certification of Grapevines
Section 3024.6 - Refusal, Suspension, or Cancellation of Registration or Certification

Universal Citation: 3 CA Code of Regs 3024.6

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) Registration may be suspended for any grapevine plants or planting in a foundation block, primary increase block, or secondary increase block, if any of the conditions listed below apply.

(1) Preliminary tests or visual inspections indicate that the grapevine(s) may be infected with the applicable disease or disease agent of concern listed in Section 3024.5 -- Table I; or

(2) The requirements of this article have not been met; or

(3) The grapevine(s) are off-type; or

(4) The pest cleanliness requirements for nursery stock in Title 3, Division 4, Section 3060.2 of California Code of Regulations have not been met; or

(5) The source that the grapevine(s) were propagated from is diseased and the grapevine(s) and their progeny are also suspected of being diseased.

(b) Registration or certification may be canceled or refused approval for any grapevine plants or planting if:

(1) The grapevine(s) are infected with an applicable disease or disease agent of concern listed in Section 3024.5 -- Table I and detected using a test listed in Table II;

(2) The requirements of this article have not been met; or

(3) The grapevine(s) are off-type; or

(4) The pest cleanliness requirements for nursery stock in Title 3, Division 4, Section 3060.2 of California Code of Regulations have not been met; or

(5) The source that the grapevine(s) were propagated from is diseased and the grapevine(s) and their progeny are also determined to be diseased.

(c) Disposition of suspended and canceled grapevines.

(1) Suspended grapevines in a foundation block, primary increase block, or secondary increase block may be retained in the planting.

(2) Suspended grapevines shall be clearly identified and written records maintained.

(3) Propagative materials from suspended grapevines may, at the discretion of the Department, retain their registered status while testing to determine their disease status is in progress.

(4) Propagative materials from canceled grapevines are considered common stock. They shall not have foundation, registered, or certified stock status.

(5) Canceled grapevines in a foundation block, primary increase block, or secondary increase block shall be removed by the participant within a time period prescribed by the Department.

(d) Reinstatement of suspended grapevines.

(1) Registration or certification of suspended grapevines and/or propagative materials in or from foundation blocks, primary increase blocks, secondary increase blocks or nursery plantings may be reinstated if the Department determines that the suspension is no longer necessary. The Department may use testing and/or inspections to make this determination.

(2) Primary increase block, secondary increase block, and/or nursery block vines may be reinstated if they test negative for virus shown to be infecting the foundation source vines.

1. 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.

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