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. Emerald ash borer (Agrilus planipennis), a beetle in the
Order Coleoptera, Family Buprestidae.
(b) Definitions
(1) "Infestation" means an established,
reproducing population of emerald ash borer as designated or determined by the
Department according to Definition 7, below, or when an area has been reported
to be infested by the United States Department of Agriculture or a state plant
regulatory agency.
(2) "Living Life
Stage" means all life stages of the emerald ash borer, including, but not
limited to, adults, larvae, pupae, or eggs.
(3) "Move; movement" means shipped, received
for shipment, carried, transported, or relocated into or through any area of
the State/Province of the infested area.
(4) "Moving through the quarantined 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.
(5) "Person" is defined as any individual,
partnership, association, corporation, limited liability company, or any
organized group of persons whether incorporated or not.
(6) "Regulated Article or Articles" means any
object covered under subsection d).
(7) "Reproducing Population" means presence
of any of the following when live, which indicates successful reproduction in
the environment:
a) two or more adult emerald
ash borers within one year;
b) a
single egg, larva, or pupa of emerald ash borer.
(c) Regulated Area. The following areas are
designated as quarantined areas:
(1) The
entire state where an infestation is present in the absence of detailed
information regarding the pest's distribution within a state, or
(2) if survey data provided by the state
plant regulatory agency or the United States Department of Agriculture allows
detailed delimitation of the extent of an infestation within a state, the
counties in which the infestation is documented.
The Department shall update the maps of the infested
areas as new information arrives and at least once a month to reflect the
current quarantine areas. This map is available on a California Department of
Food and Agriculture Plant Health and Pest Prevention Services program
website.
(d)
Articles and Commodities Covered. The following are hereby declared to be the
pest quarantined against and its hosts and possible carriers:
(1) The emerald ash borer, any living life
stage;
(2) Firewood of ash trees
(Fraxinus species) and mixed firewood containing hardwood
(non-coniferous) species from an infested area.
(3) Ash nursery stock and other ash tree
material including green lumber and other woody material living, dead, cut, or
fallen, including logs, stumps, roots, branches, and composted and uncomposted
chips.
(4) Any other article not
listed in subsections d) 1-3 of this section will be designated as a regulated
article if a California State Plant Quarantine Officer determines that it
presents a risk of spreading emerald ash borer and notifies the person in
possession of the article that it is subject to the quarantine regulation. When
making this determination the California State Plant Quarantine Officer shall
consider, amongst other factors, whether the article originated from an
infested area and whether it was exposed outdoors at during the period of May 1
through August 31 or when the ambient air temperature is 40 °F or
higher.
(e) Restrictions.
All articles and commodities covered are prohibited entry into California from
the area under quarantine with the following exceptions:
(1) the articles and commodities are:
(A) free of emerald ash borer based on
inspection; and
(B) a California
State Plant Quarantine Officer determines that the article has been grown,
produced, manufactured, or stored, in a manner that prevents the article from
presenting a risk of spreading the emerald ash borer; or
(2) the articles and commodities are moved by
the United States Department of Agriculture for experimental or scientific
purposes; or
(3) the articles and
commodities originate outside the quarantined area and are moved through the
quarantined area under the following conditions:
(A) the points of origin and destination are
indicated on a waybill accompanying the regulated article;
(B) the regulated article, if moved through
the quarantined area during the period of May 1 through August 31 or when the
ambient air temperature is 40 °F or higher, is moved in an enclosed vehicle
or is completely covered to prevent access by the emerald ash borer;
and
(C) the article has not been
combined or commingled with other articles so as to lose its individual
identity as a commodity regulated
herein.
1. New
section filed 4-9-2021 as an emergency; operative 4-9-2021 (Register 2021, No.
15). OAL approved this emergency regulatory action pursuant to sections
11346.1
and
11349.6 of
the Government Code on 4-9-2021. This emergency action became effective on
4-9-2021 and, pursuant to Executive Orders N-40-20 and N-71-20, will expire on
2-5-2022. A Certificate of Compliance must be transmitted to OAL by 2-4-2022 or
emergency language will be repealed by operation of law on the following
day.
2. New section refiled 1-27-2022 as an emergency; operative
1-27-2022 (Register 2022, No. 4). A Certificate of Compliance must be
transmitted to OAL by 4-27-2022 or emergency language will be repealed by
operation of law on the following day.
3. Certificate of Compliance
as to 1-27-2022 order, including amendments throughout, transmitted to OAL
4-21-2022 and filed 6-3-2022; amendments effective 6-3-2022 pursuant to
Government Code section
11343.4(b)(3)
(Register 2022, No. 22).
Note: Authority cited: Sections
407,
5301,
5302
and
5311,
Food and Agricultural Code. Reference: Sections
5024,
5301,
5311,
5701,
6403,
6441,
6442
and
6461,
Food and Agricultural Code.
