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. Cherry fruit flies (Rhagoletis indifferens and
Rhagoletis fausta).
(b) Area Under Quarantine.
Infested Area:
Idaho. The entire state.
Colorado. The entire state, except for Delta and Mesa
Counties.
Montana. The entire state.
New Mexico. The entire state.
Oregon. The entire state.
Utah. The entire state.
Washington. The entire state.
Noninfested Area:
Colorado. Delta and Mesa Counties.
(c) Articles and Commodities Covered. Cherry
fruits of all domesticated and wild cherries are declared to be hosts and
possible carriers of the pest quarantined against.
(d) Restrictions.
(1) Cherry Fruits Admitted From Area Under
Quarantine If Treated in Approved Manner at Origin. Cherry fruits grown,
packed, or stored in or shipped from the area under quarantine may be admitted
into California, provided each lot or shipment is officially certified by an
authorized representative of the Department of Agriculture at origin, affirming
that the accompanied cherry fruits were treated to destroy cherry fruit flies
in a manner approved by the director.
(2) Cherry Fruits Admitted From Area Under
Quarantine Without Treatment When Under Permit From the Director. The Director
may issue to the proper official of the Department of Agriculture of any state
in the area under quarantine,as specified in subsection (b) above, a master
permit designating conditions under which cherry fruits may be admitted into
the state without treatment and setting forth therein requirements for:
sampling, inspecting of samples, maintaining identity, transportation,
certification and other instructions which must be met at point of origin. To
be eligible for such master permit the state of origin shall:
(A) Maintain California-approved mandatory
pest control districts for control of cherry fruit fly.
(B) Carry on a trapping program for adult
cherry fruit flies to determine proper timing for application of control
materials.
(C) Require the
application of pesticides at specified intervals as recommended by an official
agricultural regulatory agency.
(D)
Furnish a list of shippers approved by the state of origin including the
shippers' addresses and assigned identification numbers to the California
Department of Food and Agriculture prior to the beginning of the shipping
season.
(3) The master
permit shall only be valid for shipments of cherry fruit meeting the following
requirements:
(A) Cherry fruit shipped to
California must be grown in orchards located in the approved pest control
districts.
(B) All cherry fruit
shall be sampled and inspected for cherry fruit fly at origin as outlined in
the master permit.
(C) The identity
of each container of sampled cherry fruit shall be maintained by marking each
container with the identification number of the approved shipper.
(D) Trucks transporting cherry fruit from
approved shippers to California shall be sealed by an agricultural
representative of the state of origin. These seals will be applied before the
truck leaves the premises of the approved shipper. The seals will not be broken
except in the presence of a state plant quarantine officer after the truck
arrives in California.
(E) The
cherry fruit, upon arrival, must be found free from cherry fruit fly
larvae.
(F) Any other requirements
as may be necessary and as stated in the master permit.
(4) Cherry Fruits Admitted From Noninfested
County of the Area Under Quarantine With Certificate of Origin. Cherry fruits
grown, packed, and stored within and shipped from a noninfested county in the
area under quarantine may be admitted into California, provided each shipment
is accompanied by a certificate of origin issued by an authorized agricultural
official of the origin state giving the name and address of the shipper, and
the number and kind of containers in the shipment. The certificate shall state
that the shipment originated in a noninfested area county.
1. New
subsection (3)(d) filed 3-6-73; effective thirtieth day thereafter (Register
73, No. 11).
2. Amendment filed 10-25-73; effective thirtieth day
thereafter (Register 73, No. 43).
3. Repealer and new section filed
3-29-83; effective thirtieth day thereafter (Register 83, No.
14).
4. Amendment of subsection (b) filed 7-11-84; effective
thirtieth day thereafter (Register 84, No. 28).
5. Amendment of
section heading, subsection (b) and NOTE and new subsection (d)(4) filed
3-25-94; operative 4-25-94 (Register 94, No. 12).
Note: Authority cited: Sections
407,
5301,
5302,
5303
and
5304,
Food and Agricultural Code. Reference: Sections
5301,
5302,
5303
and
5304,
Food and Agricultural Code.
