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. All strains of the citrus tristeza virus.
(b) Quarantine Area. That portion of the
State which is known to be generally infected with citrus tristeza virus and
where no significant efforts to control or suppress the disease are conducted.
The quarantine area is the counties of Orange and Ventura, and portions of Los
Angeles, Riverside, San Bernardino, San Diego and Santa Barbara counties as
follows:
(1) Los Angeles County. That portion
of Los Angeles County lying south of a line drawn as follows: Beginning at the
point where the north boundary of Township 4 north intersects the west county
boundary line; then east along the north boundary of Township 4 north to its
intersection with State Highway 14; then southerly along a straight line drawn
to Men-denhall Peak lookout; then southeasterly along a straight line drawn to
the point where the north boundary of Township 2 north intersects the Big
Tujunga Wash; then east along the north boundary of Township 2 north to the
east county boundary line. (All township and range lines are
S.B.B.M.)
(2) Riverside County.
That portion of Riverside County lying west of a line drawn as follows:
Beginning at the point on the north Riverside County boundary line where the
San Bernardino Meridian intersects said boundary line; then, continuing
southerly along said meridian to the south Riverside County boundary
line.
(3) San Bernardino County.
That portion of San Bernardino County lying west of a line drawn as follows:
Beginning at the point where the north boundary of Township 2 North, SBM,
intersects the west San Bernardino County boundary line; then east along the
north boundary of Township 2 North to its point of intersection with the east
boundary of Range 6 West; then southeasterly along an imaginary line to the
crest of Mount San Bernardino; then southeasterly to the point on the south San
Bernardino County boundary line where an imaginary line from the crest of Mount
San Bernardino to the crest of Baldy Mountain (in Riverside County) intersects
said boundary line.
(4) San Diego
County. That portion of San Diego County lying west of the east boundary of
Range 2 East, SBM.
(5) Santa
Barbara County. That portion of Santa Barbara County lying south of a line
drawn as follows: Beginning at the Point Arguello lighthouse; then easterly
along an imaginary line to the summit of El Tranquillon Mountain; then
southeasterly along an imaginary line to the point of intersection of Jalama
Creek and Escondido Creek; then easterly along an imaginary line to the point
of intersection of Gaviota Creek and the summit of the Santa Ynez Range; then
easterly along the summit of the Santa Ynez Range to the east Santa Barbara
County boundary line.
(c)
Suppressive Area. The suppressive area is that portion of the State in which
the citrus tristeza virus has been detected, in which a pest control district
has been established, and where an active control or suppression program is
being conducted. The suppressive area is the county of Kern and portions of
Fresno, Tulare, and Riverside Counties as follows:
(1) Fresno County. That portion of Fresno
County known as the Central Valley Pest Control District bounded by a line
drawn as follows: Beginning at the intersection of the Kings River and the
Fresno-Tulare County line; then, northerly and northeasterly along said river
to the Pine Flat Reservoir; then, northeasterly along the southern edge of said
reservoir to the South Fork of the Kings River; then, easterly along said river
to its intersection with the western boundary of the Kings Canyon National
Park; then, southeasterly and southerly along said boundary to its intersection
with the Fresno-Tulare County line; then, westerly and southerly along said
county line to the point of beginning.
(2) Tulare County. That portion of Tulare
County known as the Southern Tulare County Citrus Pest Control District bounded
by a line drawn as follows: Beginning at the intersection of the Tulare-Kings
County line and the northwest corner of Section
7, Township 21 South, Range 23
East; then, east along section lines to the northeast corner of Section
8, Township 21 South, Range 27
East; then, south one-half mile along the section line to its intersection with
the south line of the north half of Section
9, Township 21 South, Range 27
East; then, east along said line to the northwest corner of the northeast
quarter of the southeast quarter of Section
10 Township 21 South, Range 27
East; then, south along an imaginary line to the northwest corner of the
southeast quarter of the southeast quarter of said Section
10; then, east along an imaginary
line to the northeast corner of the southeast quarter of the southeast quarter
of said Section
10; then, south along an imaginary
line to the southwest corner of Section
11, Township 21 South, Range 27
East; then, east along the south line of Sections
11 and
12, Township 21 South, Range 27
East; then, east along the south line of Sections
7 and
8, Township 21 South, Range 28 East
to the southeast corner of Section
8, Township 21 South, Range 28
East; then, north two miles along an imaginary line to the 5th Standard
Parallel South; then, east along said parallel to the Tulare-Inyo County line;
then, southerly along said county line to its intersection with the Tulare-Kern
County line; then westerly along the Tulare-Kern County line to its
intersection with the Tulare-Kings County line; then, northerly along the
Tulare-Kings County line to the point of beginning (all locations are Mt.
Diablo Base and Meridian).
(3)
Riverside County. That portion of Riverside County known as the Coachella
Valley and bounded by a line drawn as follows: Beginning at the intersection of
the northwest corner of T.2S., R.4E., S.B.B. & M. and the Riverside County
Line; then, easterly along said county line to its intersection with the
northeast corner of T.2S., R.12E., S.B.B. & M.; then, southerly from said
intersection along range line 12E. to its intersection with the Riverside
County Line; then, westerly along said county line to its intersection with the
southwest corner of T.8S., R.4E., S.B.B. & M.; then, northerly from said
intersection along range line 4E. to the point of
beginning.
(d) Regulated
Area. The regulated area is that portion of the State in which the citrus
tristeza virus may occur but which is not generally infected and where efforts
to control or suppress the disease may be conducted. The regulated area is all
areas of California not described as a quarantine or suppressive
area.
(e) Articles and Commodities
Covered.
(1) All plants and propagative parts
(except seed) including any subspecies, variety, or ornamental form, of the
genera Citrus (true citrus), Fortunella
(kumquat), Poncirus (trifoliate orange) and of any hybrid
having at least one ancestor of Citrus, Fortunella, or
Poncirus, are declared to be hosts or possible carriers of the
pest.
(2) All plants and
propagative parts (except seed), including any subspecies variety or ornamental
form of the genera Aeglopsis (dwarf powder-flask fruit), and
Afraegle (African powder-flask fruit), Atalantia,
Citropsis, Clausena, Clymenia, Eremocitrus, Hesperethusa, Merrillia,
Microcitrus, Pleiospermium, Severinia, Swinglea are declared to be
hosts or possible carriers of the pest.
(f) Restrictions.
(1) Moving permits for articles and
commodities covered in (e)(1).
(A) The
agricultural commissioner at origin may issue permits authorizing the movement
of propagative parts from field-grown source trees until January 1, 2012 and
from field-grown nursery increase blocks until January 1, 2013.
(B) Propagative parts from registered source
or registered increase trees that are maintained in departmentally approved
insect-resistant structures and that meet the record-keeping requirements in
Section 3701.2(a)(9),
Title 3, California Code of Regulations may be moved within the state without a
moving permit.
(C) The agricultural
commissioner at origin may issue moving permits for movement throughout the
state for trees produced from buds, cuttings, or scions taken from registered
source or registered increase trees as described in subsection (B), provided
the following requirements are met:
1. The
trees were propagated and continuously maintained within a departmentally
approved insect-resistant structure.
2. The nursery maintains records of the
source of the vegetative propagative material and the progeny trees in the
nursery produced therefrom for five years after production. The records shall
be made available for review by the county agricultural commissioner during
normal business hours.
(D) The agricultural commissioner at origin
may issue permits authorizing the movement of trees other than as described in
subsection (C) provided that the nursery maintains records of the source of the
vegetative propagative material and the progeny trees in the nursery produced
therefrom for five years after production. The records shall be made available
for review by the county agricultural commissioner during normal business
hours.
(2) Conditions of
Movement. Unless accompanied by a moving permit or under a cutting permit as
hereinafter provided, articles and commodities covered shall not be transported
or moved, except as provided in subsection (f)(1)(B) and (C):
(A) From the quarantine area except to
another portion of the quarantine area or except when authorized under permit
as provided in paragraphs (8) and (9).
(B) From the regulated area except to another
portion of the regulated area or to the quarantine area or under permit to the
suppressive area as provided in paragraph (4).
(C) From the suppressive area except to the
quarantine area, to another portion of the suppressive area under permit as
provided in paragraphs (4) and (6), or under permit to the regulated area as
provided in paragraph (4).
(3) Propagation of Articles and Commodities
Covered in this Section. All buds, cuttings, and scions used in the propagation
of trees described in subsection (e)(2) shall be taken from source trees which
have been tested to the satisfaction of the department and found free from
tristeza. No buds, cuttings, or scions from untested or tristeza infected
source trees may be used for propagation of articles and commodities covered in
this section. Records shall be maintained of each source tree, the quantity of
propagative material taken from each source tree, and the progeny trees in the
nursery produced therefrom for five years after production. The records shall
be made available for review by the county agricultural commissioner during
normal business hours.
(4) Moving
Permits for Movement into, within, or from the Suppressive Area. Except as
provided in subsection (f)(1)(B) and (C), the agricultural commissioner at
origin may issue moving permits authorizing movement of articles and
commodities covered into, within, or from the suppressive area provided that
the articles and commodities have been tested for tristeza to the satisfaction
of the department and no evidence of tristeza was found, or all buds, cuttings,
scions or top-worked trees used in the production of the trees, or being moved
as such are from source trees or trees in a nursery increase block which have
been so tested.
(5) Record of
Tested Source Trees and Trees Produced From Nursery Increase Blocks. In order
that trees produced from buds, cuttings, or scions taken from tristeza tested
source trees or nursery increase blocks may later be moved under a moving
permit in accordance with paragraph (4), the agricultural commissioner shall
cause a record to be kept of each source tree listed in subsection (e)(2); the
kind and amount of buds, cuttings, or scions taken from each source tree; and
the kind, number, and location in the nursery of the progeny trees produced
therefrom for five years after production.
(6) Cutting Permit Required for Taking or
Moving Budwood Within the Suppressive Area. No buds, cuttings, or scions of
host trees described in subsection (e)(2) shall be cut or otherwise taken from
such trees within the suppressive area or moved within or from any such area
for propagation, unless a cutting permit has been secured from the agricultural
commissioner prior to cutting or taking or moving same. Cutting permits may be
issued within the suppressive area provided the source tree has been tested for
tristeza to the satisfaction of the department and no evidence of tristeza was
found. Such a cutting permit shall set forth the amount and kind of buds,
cuttings, and scions in the shipment accompanied thereby and the name and
address of the consignee.
(7) The
issuance of cutting permits for host trees listed in subsection (e)(2) and
moving permits, except as provided in subsection (f)(1)(B) and (C), under the
terms of this regulation also applies to nursery increase blocks. Nursery
increase block means a planting of citrus nursery stock propagated using
budwood and/or scionwood from trees which have been tested for tristeza to the
satisfaction of the department. Top-worked trees may qualify as nursery
increase blocks provided that they are tested to the satisfaction of the
department and found free of tristeza. The county agricultural commissioner at
origin may approve such nursery or top-worked trees, which do not exceed 18
months from time of budding, to be used as a supplementary source of buds,
cuttings or scions. The agricultural commissioner shall cause a record to be
kept as provided in paragraph (5).
(8) Permits Involving Movement into or
through the Regulated Area for Fumigation. Except as provided in subsection
(f)(1)(B) and (C), the agricultural commissioner may issue permits authorizing
the movement of articles and commodities covered from the quarantine area into
or through the regulated area for fumigation and prompt return to the
quarantine area. The articles and commodities shall be treated for tristeza
vector elimination immediately prior to such movement in a manner approved by
the department and shall be moved in wrapped bales, bundles, or closed
containers in a closed conveyance. Such permits shall be valid for only the
time specified in the permit and shall not authorize the articles and
commodities to remain outside the quarantine area longer than 48
hours.
(9) Movement in Transit
through the Quarantine Area. Articles and commodities covered originating
outside of the quarantine area may be moved through such area without delay or
diversion in wrapped bales, bundles, or closed containers, or in a closed
conveyance into which no other articles and commodities covered are placed
while within the quarantine area.
1.
Amendment of subsections (b) and (c) filed 6-28-74; effective thirtieth day
thereafter (Register 74, No. 26). For prior history, see Register 73, No.
27.
2. Amendment of subsections (b)(1)(A) and (c-1) filed 9-30-76 as
an emergency; effective upon filing (Register 76, No. 40).
3.
Certificate of Compliance filed 12-10-76 (Register 76, No. 50).
4.
Amendment of section title, subsections (a), (b-1), (d)(2) and (d)(5) filed
9-25-78; effective thirtieth day thereafter (Register 78, No.
39).
5. Editorial correction of NOTE filed 6-3-83; effective
thirtieth day thereafter (Register 83, No. 23).
6. Amendment filed
9-13-84; effective thirtieth day thereafter (Register 84, No.
37).
7. Amendment of section heading and text filed 8-2-94;
operative 9-1-94 (Register 94, No. 31).
8. Amendment filed 11-6-98;
operative 12-6-98 (Register 98, No. 45).
9. Amendment of subsection
(b)(2) filed 11-6-98; operative 12-6-98 (Register 98, No. 45).
10.
Redesignation and amendment of portions of former subsection (e) as new
subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection
renumbering and amendment of newly designated subsections (f)(2)-(8) filed
5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A
Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency
language will be repealed by operation of law on the following
day.
11. Reinstatement of section as it existed prior to 5-17-2010
emergency amendment by operation of Government Code section
11346.1(f)
(Register 2010, No. 48).
12. Redesignation and amendment of portions
of former subsection (e) as new subsections (e)(1)-(2), new subsections
(f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated
subsections (f)(2)-(8) refiled 11-24-2010 as an emergency; operative 11-24-2010
(Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL
by 2-22-2011 or emergency language will be repealed by operation of law on the
following day.
13. Reinstatement of section as it existed prior to
11-24-2010 emergency amendment by operation of Government Code section
11346.1(f)
(Register 2011, No. 15).
14. Redesignation and amendment of portions
of former subsection (e) as new subsections (e)(1)-(2), new subsections
(f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated
subsections (f)(2)-(8) refiled 4-14-2011 as an emergency; operative 4-14-2011
(Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL
by 7-13-2011 or emergency language will be repealed by operation of law on the
following day.
15. Certificate of Compliance as to 4-14-2011 order,
including further amendment of subsections (e)(1), (f)(2), (f)(4) and
(f)(7)-(8) and new subsections (f)(1)(C)-(D), transmitted to OAL 6-23-2011 and
filed 7-5-2011 (Register 2011, No. 27).
16. Amendment of subsections
(e)(1)-(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No.
51).
Note: Authority cited: Sections
407,
5301,
5302
and
5322,
Food and Agricultural Code. Reference: Sections
5301,
5302
and
5322,
Food and Agricultural Code.
