Current through Register 2024 Notice Reg. No. 12, March 22, 2024
A quarantine is established against the following pest,
its hosts, and possible carriers:
(a)
Pest: Spotted lanternfly, Lycorma delicatula, a lanternfly in
the Order Hemiptera, Family Fulgoridae.
(b) Definitions
(1) "Compliance Agreement" means a written
agreement between a person engaged in handling, receiving, or moving regulated
articles and a state plant regulatory agency, such as a state department of
food and agriculture, wherein the former agrees to fulfill the requirements of
the compliance agreement and comply with the provisions of this
regulation.
(2) "Covering" means a
rigid or flexible sheet that can be secured over an otherwise open load to
prevent the egress of spotted lanternfly. If woven or of mesh, openings in the
weave must be 1 millimeter or less.
(3) "Exposed to the environment" means
exposed to the outdoors without a barrier present.
(4) "Infestation" means an established,
reproducing population of spotted lanternfly as designated or determined by the
Department. Any of the following shall be sufficient evidence of an
infestation: One viable egg mass, one living nymph, one living visibly mated
female, or two living adults found in the environment within a state or county
within one year.
(5) "Infested
area" means the entire state where an infestation is present in the absence of
detailed information regarding the pest's distribution within a state, or
nation where an infestation has been detected, or the counties in which the
infestation is documented if survey data provided by the state plant regulatory
agency or the United States Department of Agriculture allows detailed
delimitation of the extent of the infestation within a state. The Department
may remove a county or state from quarantine if surveys in the area previously
designated as infested indicate an infestation is no longer present.
(6) "Living Life Stage" means all life stages
of the spotted lanternfly, including, but not limited to, adults, nymphs, or
viable egg masses.
(7) "Move;
movement" means shipped, offered or received for shipment, carried,
transported, or relocated.
(8)
"Moving through the infested area" means the regulated article, including the
vehicle and conveyance, is moved directly through the infested area without
stopping (except for refueling or for traffic control devices or conditions)
and has been stored, packed, or handled only at locations outside the infested
area.
(9) "Permit" means a document
issued by a state plant regulatory agency that certifies that a person has
successfully completed training regarding spotted lanternfly and agrees to the
conditions specified by the permit.
(10) "Person" is defined as any individual,
partnership, association, corporation, limited liability company, or any
organized group of persons whether incorporated or not.
(11) "Phytosanitary Certificate" means a
document issued by an authorizing official that certifies a commodity has been
inspected or treated and found to be apparently free from specific
pests.
(12) "Regulated Article or
Articles" means the plant pest spotted lanternfly along with any plant, plant
product, storage place, packaging, conveyance, container, soil, and any other
organism, object, or material capable of harboring or spreading pests and
deemed to require phytosanitary measures, particularly where interstate
transportation is involved.
(13)
"Reproducing Population" means biological evidence including, but not limited
to, a viable egg mass, a living nymph, a living, visibly mated female, or two
living adults found in the environment within a county within one year,
indicating successful reproduction in the environment.
(14) "Treatment" means official procedure for
the killing, inactivation, or removal of pests, for rendering pests infertile,
or for devitalization.
(c) Area Under Quarantine. An area shall be
designated as under quarantine when an infestation is present and the
Department has established the boundaries of the infested area. The Department
shall update the maps of the infested areas as new information is made
available to the Department to reflect the current quarantine areas. This map
is available on the Department's Plant Health and Plant Protection Services
Pest Exclusion program website.
(d)
Articles and Commodities Covered. The following are hereby declared to be hosts
and possible carriers of the pest quarantined against:
(1) Any living life stage of the spotted
lanternfly.
(2) All plants and
plant parts: This shall include, but is not limited to, any species of live or
dead tree, nursery stock, budwood, lumber, firewood, logs, perennial plants,
garden plants and produce, stumps, roots, branches, mulch, and composted and
uncomposted chips, bark, and yard waste.
(3) Outdoor industrial and construction
materials, equipment and waste: This shall include, but is not limited to,
concrete barriers or structures, stone, quarry material, ornamental stone or
concrete, wood, and construction, landscaping, and remodeling waste.
(4) Shipping and storage containers: This
shall include, but is not limited to, wood crates, pallets, boxes, personal
moving containers, and barrels.
(5)
Outdoor household articles: This shall include, but is not limited to, lawn
tractors and mowers, mower decks, grills, grill and furniture covers, tarps,
mobile homes, tile, stone, deck boards, fire pits, and any equipment not stored
indoors.
(6) Conveyances of any
type, including, but not limited to, cars, trucks, trains, recreational
vehicles, and boats, whether utilized for movement of the materials previously
listed or not, and any trailers, wagons, or other equipment attached
thereto.
(7) Agricultural equipment
including, but not limited to, tractors, harvesting equipment, and rigid
containers.
(8) Any other article,
object, materials, or means of conveyance when it is determined by a California
State Plant Quarantine Officer to present a risk of carrying or spreading any
life stage of spotted lanternfly. When making this determination, a California
State Plant Quarantine Officer shall consider, amongst other factors, whether
the article, object, material, or means of conveyance originated from an
infested area and whether it was exposed outdoors at a time favorable to
spotted lanternfly oviposition.
(e) Restrictions. All articles and
commodities covered are prohibited entry into California from the area under
quarantine with the following exceptions:
(1)
Certificate of Treatment. All of the articles and commodities covered are
approved for entry into California when accompanied by a certificate issued by
an authorized state agricultural official declaring that the article or
shipment was treated at origin for spotted lanternfly prior to shipment in
accordance with methods and procedures approved and prescribed by the
Secretary.
All treatments shall be performed under direct
supervision of an authorized state agricultural official or by the shipper
under a compliance agreement with the authorized state agricultural official to
perform the treatments.
OR
(2)
If originating outside of the infested area and moving through the infested
area during the period of March through December, the regulated article is
moved into the infested area in an enclosed vehicle or conveyance or is
completely covered, such as by a tarp or full shrink wrapping, to prevent
exposure to the plant pest spotted lanternfly. The covering must be kept on the
regulated article until leaving the infested area and thereafter be inspected
and found to be free of spotted lanternfly. If life stages are found, the
article must be decontaminated or destroyed.
OR
(3)
Any articles transported by means of a conveyance that has a global positioning
system (GPS) data report indicating that the conveyance did not travel through
an infested area.
OR
(4)
Indoor articles not exposed to the environment, including, but not limited to,
household articles, house plants, and indoor furnishings.
OR
(5)
Movement of Regulated Articles from Infested Area(s).
Material specified in subdivisions (d)(1), (2), (3), (4),
(5), (6), (7), and (8) that is accompanied by the appropriate permit,
phytosanitary certificate, Compliance Agreement, or checklist will be allowed
entry under the following conditions:
(A) Permit required for the movement of
commercial vehicles and means of conveyance. Movement from an infested area
into California shall, subject to passing inspection, be allowed under a
permit, that may comprise a Compliance Agreement. A person required to obtain a
permit for movement of regulated articles within or from the infested area
shall comply with all permit requirements.
(B) Phytosanitary Certificate. Any regulated
commodity originating from an infested area, or that enter an infested area and
are exposed to the environment shall, subject to passing inspection, be allowed
entry if accompanied by a valid phytosanitary certificate.
(C) Requirements for Compliance Agreement or
Phytosanitary Certificate.
1. Compliance
Agreement in Place. Plant products may be imported from an infested area in
compliance with a written agreement between the importer and the department
that includes all of the following:
a. The
name and address of the importer.
b. The type and volume of material that may
be imported under the agreement.
c.
The names and addresses of the persons to whom, and the locations to which the
materials may be imported under the agreement. The state will accept "various"
under "names and addresses of the persons" and will accept "California" as the
destination location.
d. The
locations from which the material may be imported under the
agreement.
e. The method by which
the material may be imported.
f.
The time period covered by the agreement.
g. The compliance agreement holder's
commitment to keep complete records of each import shipment and to submit those
records to the department for inspection and copying upon request.
h. Specific import terms and conditions that
will, in the department's opinion, effectively ensure that materials imported
pursuant to the agreement will not introduce the spotted lanternfly into
California.
i. A provision
authorizing the department to terminate the agreement, without prior notice,
for any reason.
j. A shipping
certificate must accompany each shipment indicating that the product is under a
compliance agreement.
2.
Phytosanitary Certificate. Regulated commodities from infested areas may only
enter this state if they are inspected by an inspector of the state plant
regulatory agency of the originating state and a phytosanitary certificate is
issued for the article. The phytosanitary certificate must state that no
spotted lanternfly was found on the regulated articles and the certificate must
accompany the regulated article through all movement. The phytosanitary
certificate does not exempt the means of conveyance or vehicle, which may
require a permit.
(f) Checklist Required for Individuals Not
Doing Business Moving Regulated Articles from Infested Areas. A regulated
article, including any vehicle or conveyance, covered by this quarantine rule
may be moved from an infested area with a valid checklist issued by a state
plant regulatory agency and completed by the person moving the article(s). The
checklist may be issued by any state plant regulatory agency. The completed
checklist must be signed and shall accompany the article(s). A checklist
certificate is a form titled Checklist Guide For Individuals Moving
Non-Commercial Items From A Spotted Lanternfly Quarantine Area (May 2021) is
available on the department's website and is hereby incorporated by
reference.
1. New
section filed 6-28-2021; operative 6-28-2021 pursuant to Government Code
section
11343.4(b)
(Register 2021, No. 27). Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section
5301,
Food and Agricultural Code. Reference: Sections
5301and
5302,
Food and Agricultural Code.
