California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 2 - Nursery Stock
Article 9 - Regulations for California Certified Strawberry Plants
Section 3049.3 - Inspection and Testing Procedures; Refusal or Cancellation of Approval or Certification

Universal Citation: 3 CA Code of Regs 3049.3

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

(a) To Determine Eligibility for Approval or Certification:

(1) Inspection and testing procedures prescribed in this article shall be conducted by the Department in a manner and at times determined as suitable. The applicant will be notified of the findings of pests. Any plant in any planting may be tested by indexing or by other approved methods for the detection of virus infection. Testing procedures shall be conducted in a greenhouse.
(A) Each clone in a foundation block and a minimum of 3 percent of the plants planted therein shall be tested one or more times annually by indexing or by other approved methods for the detection of virus infection. All plants in a foundation block shall be tested in such a manner if the source of any of the propagating stock is registered stock or certified stock or has an equivalent known history.

(B) Foundation stock shall be tested for the specific virus diseases using the specific indicator plants listed below:

Indicator Plant

Disease

Fragaria virginiana selection Mottle Leafroll
and/or Veinbanding Witchesbroom
Fragaria (alpine) vesca selection Crinkle Latent "C"
Pallidosis Feather leaf
Necrotic shock Mild yellow edge
Tomato ringspot Pseudo mild yellow edge

(C) At least two visual inspections shall be made of each planting prior to harvest and in addition plants shall be inspected at digging time. Inspection for the detection of harmful nematode pests may be made using laboratory methods and is required for approval as foundation stock or as registered stock.

(b) Refusal or Cancellation of Approval or Certification:

(1) Failure to comply with the requirements of this article shall be cause for refusal or cancellation of approval of plants as "foundation stock," "registered stock," or certification as "California certified strawberry plants."

(2) The certification or approval as foundation stock or as registered stock of a plant or plants in part or all of a planting shall be refused or cancelled when it is determined that:
(A) the plant is off-type;

(B) the plant, clone or planting is virus infected;

(C) the pest cleanliness requirements for nursery stock in Section 3060.2 of the nursery inspection regulations have not been met.

Reactions to indicator plants caused by unknown factors may also be cause to disqualify the specific foundation selection tested.

(3) Any plant or clone found virus infected or suspected of virus infection may be required to be rogued or may be refused for further propagation. Any planting in which a plant is found to be virus infected may be refused, if it is determined that spread of the virus may have occurred, except:
(A) when the total of virus infected plants in a certified block does not exceed 0.5 percent;

(B) aster yellows disease is found in a planting and it is determined that the infected plants are readily identifiable and can be removed under the supervision of the Department.

(4) Any planting in which off-type plants are found to exceed 0.2 percent shall be refused, except that in a planting which has been clone planted, the off-type plants may be removed under the supervision of the Department if it is determined that all of the off-type plants are readily identifiable and can be removed.

(5) Each plant together with all its runner plants shall constitute one unit, and the results of either field inspections or index tests or both may be used, as a basis for calculating percentages.

1. Amendment filed 4-7-65; effective thirtieth day thereafter (Register 65; No. 6).
2. Amendment filed 3-10-78 as an emergency; effective upon filing (Register 78, No. 10).
3. Certificate of Compliance filed 5-22-78 (Register 78, No. 21).
4. Renumbering and amendment of former Section 3051 to Section 3049.3 filed 1230-83; effective thirtieth day thereafter (Register 84, No. 1).

Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.