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. Oriental fruit fly (Bactrocera dorsalis).
(b) Area Under Quarantine.
(1) An area shall be designated as under
quarantine when survey results indicate an infestation is present, the
Department has defined the infested area, and the local California County
Agricultural Commissioner(s) is notified and requests the quarantine area be
established. The Department shall also provide electronic and/or written
notification of the area designation(s) to other California County Agricultural
Commissioners and other interested or affected parties and post the area
description to its website at:
www.cdfa.ca.gov/plant/off/regulation.html.
An interested party may also go to the above website and elect to receive
automatic notifications of any changes in quarantine areas through the list
serve option.
(2) An infestation is
present when:
A. In urban areas either eggs, a
larva, a pupa, a mated female or eight or more adult Oriental fruit flies of
either sex are detected within three miles of each other and within one life
cycle and all detections shall be more than 4.5 miles from any commercial host
production area; or
B. In rural or
commercial host production areas either eggs, a larva, a pupa, a mated female
or six or more adult Oriental fruit flies of either sex are detected within
three miles of each other and within one life cycle; or
C. Satellite infestations: a detection of a
single life stage of Oriental fruit fly within any established quarantine area
may be considered a satellite infestation and may be used as the epicenter
using an additional 4.5 mile radius surrounding the detection to expand the
quarantine area.
(3) The
initial area under quarantine shall be a minimum of a 4.5 mile radius
surrounding the qualifying detections being used as an epicenter. Commercial
host properties shall not be split by the quarantine boundary line and the
boundary line shall be expanded beyond the 4.5 miles as necessary to encompass
such host material in its entirety. Wherever possible, known accepted mapping
features, including but not limited to roads, streets, highways, creeks,
streams, rivers, canals, city, county, State, park and forest boundary lines
are used first and if there are no acceptable features such as these then
imaginary lines with or without latitude and longitude points may be
used.
(4) Any interested party or
local entity may appeal an area designation by submission to the Department of
a written request for review of the designation accompanied by clear and
convincing evidence justifying a change in the designation. The appeal must be
filed no later than ten (10) working days following receipt of the notice of
designation. The Department must respond with a written decision no later than
ten (10) working days following receipt of the appeal. During the pending of
the appeal, the designation under appeal shall remain in effect.
(5) The infested area designation shall be
removed if no additional life stages are detected by trapping or visual surveys
for three life cycles after the last detection within the quarantine
area.
(6) A life cycle is an
estimate of insect phenology based on a heat degree day temperature driven
model. Base developmental temperature thresholds are used in this model's
calculations and it estimates the generation time period necessary for the
completion of a generation of Oriental fruit fly. Daily minimum and maximum
temperatures are used to produce a sine curve over a 24-hour period. The degree
days for that day are estimated by calculating the area above the threshold and
below the curve, assuming that the temperature curve is symmetrical around the
maximum temperature. For Oriental fruit fly the Department uses the lifecycle
model with 47.1° Fahrenheit base developmental temperature and 1125 degree
days Fahrenheit per generation.
(c) Articles and Commodities Covered. The
following are declared to be hosts and possible carriers of Oriental fruit fly.
(1) All fruit of the plants listed in CCR
3591.2(b) Oriental Fruit Fly Eradication Area.
(2) Any other product, article, or means of
conveyance when it is determined by the director or county agricultural
commissioner to present a hazard of spreading live Oriental fruit fly and the
person in possession thereof has been so notified.
(d) Restrictions.
(1) At wholesale level, articles and
commodities covered which have been commercially produced within the area under
quarantine are prohibited movement from or within the area under quarantine
except in accordance with the following provisions:
(A) The commodity has been treated for
Oriental fruit fly in a manner approved by the director, is transported in a
manner approved by the director to preclude exposure to Oriental fruit fly, and
is accompanied by a certificate, verifying compliance with above requirements,
issued by the director or county agricultural commissioner; or,
(B) The commodity is moving for treatment for
Oriental fruit fly or processing and in a manner approved by the director to
preclude exposure to Oriental fruit fly, and is accompanied by a written
document affirming that movement has been authorized by the director or county
agricultural commissioner.
(2) At the wholesale level, articles and
commodities covered which have been commercially produced outside the area
under quarantine are prohibited movement into the area under quarantine except
when accompanied by a shipping document indicating the point of origin and
destination and moved in accordance with the following provisions:
(A) The commodity is moving directly through
the area under quarantine without delay in an enclosed vehicle or completely
enclosed by a covering to prevent exposure to Oriental fruit fly; or,
(B) The commodity is destined to a wholesale
or retail establishment and, if moving between 9:00 a.m. and sunset, is
transported in an enclosed vehicle or completely enclosed by a covering to
prevent exposure to Oriental fruit fly; or,
(C) The commodity is destined to a commercial
processing facility.
(3)
At the retail level, articles and commodities covered which have been
commercially produced are prohibited movement from or within the area under
quarantine except when the person in possession has a sales slip or other
comparable document showing the commodity was purchased from a commercial
establishment.
(4) Articles and
commodities covered which have been noncommercially produced within the area
under quarantine, including "backyard" production, are prohibited movement from
the premises where grown except under written authorization of the director or
county agricultural commissioner.
(5) Articles and commodities covered which
have been noncommercially produced outside the area under quarantine are
prohibited movement into the area under quarantine except when the person in
possession has signed a statement showing the commodity, amount, origin,
destination, and date of transportation.
(6) Within the area under quarantine, no
wholesale or retail establishment shall handle, sell or offer for sale any
article or commodity covered unless such commodities at all times are
maintained in a manner approved by the director to preclude exposure to
Oriental fruit fly.
Note: Authority cited: Sections
407,
5301,
5302 and
5322, Food and Agricultural Code.
Reference: Sections
5301,
5302 and
5322, Food and Agricultural
Code.
Note: Authority cited: Sections
407,
5301,
5302
and
5322,
Food and Agricultural Code. Reference: Sections
5301,
5302
and
5322,
Food and Agricultural Code.