California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 4 - Plant Quarantine
Article 3 - Exterior Quarantine (Regulations)
Section 3251 - Chestnut Bark Disease and Oak Wilt Disease Exterior Quarantine (Quarantine Proclamation 2)

Universal Citation: 3 CA Code of Regs 3251

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

A quarantine is established against the following pests, their hosts, and possible carriers.

(a) Pests. Chestnut bark disease (Endothia parasitica), a fungus carried by birds, insects, water, wind, and shipment of nursery stock and unpeeled wood; and oak wilt disease (Ceratocystis fagacearum), a fungus carried under the bark of live or dead trees or parts of trees and also by oak bark beetles and sap beetles.

(b) Area Under Quarantine. All states and districts of the United States except the State of Arizona.

(c) Commodities Covered. All species and varieties of chestnut (Castanea spp.), chinquapin (Castanopsis spp.), oak (Quercus spp.), and tanbark oak (Lithocarpus densiflora) trees, plants, and parts thereof including grafts, cuttings, scions, nuts (except acorns), leaf mold, firewood and unpeeled logs are hereby declared to be hosts and possible carriers of the pests herein quarantined against.

(d) Restrictions.

(1) Commodities Covered Prohibited From Area Under Quarantine. Except as provided in paragraph (4) hereof, all commodities covered shall be refused admittance into the State of California from the area under quarantine unless each lot or shipment is accompanied by an official certificate evidencing compliance with paragraph (2) or (3) below.

(2) Commodities Covered Produced in Western States Admitted Under Certificate of Origin. All commodities covered produced in and shipped from that portion of the area under quarantine west of the states of Montana, Wyoming, Colorado, and New Mexico are admissible into California, provided that each lot or shipment is accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural inspection official of the state in which the commodities were grown or shipped, affirming that chestnut bark disease and oak wilt disease are not known to occur in the state where grown, and also setting forth the name of the state where produced and the kind and amount of commodities covered by the certificate.

(3) Commodities Covered Admissible Under Certificate of Treatment. Commodities covered may be shipped to California from the area under quarantine subject to prior approval by the Director of the method of treatment to be used. Except as provided in subsection (d)(2), each shipment of a commodity covered must be accompanied by an official certificate issued by, and bearing an original or facsimile signature of, the authorized agricultural official of the state of origin indicating the method of treatment, quantity of commodity covered, identification or license number of carrier, and the names and addresses of the shipper and consignee.

(4) No Restrictions on Foreign Nuts. No restrictions are placed by this quarantine upon the nuts of all species and varieties of chestnut and chinquapin (Castanea spp. and Castanopsis spp.) grown in and imported from foreign countries when reshipped into or arriving in this State in an unopened original container.

1. Repealer and new section filed 12-15-75; effective thirtieth day thereafter (Register 75, No. 51). For prior history, see Register 73, No. 28.
2. Amendment of subsections (a) and (c) filed 7-11-84; effective thirtieth day thereafter (Register 84, No. 28).
3. Amendment of subsection (d)(3) filed 3-3-94; operative 4-4-94 (Register 94, No. 9).

Note: Authority cited: Subarticle 2 Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Subarticle 2 Sections 5301 and 5302, Food and Agricultural Code.

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