California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 4 - Plant Quarantine
Article 4 - Interior Quarantine (Regulations)
Section 3424 - Bactrocera Zonata Interior Quarantine
Universal Citation: 3 CA Code of Regs 3424
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. Peach Fruit Fly (Bactrocera zonata),
(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/pff/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 peach 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 peach 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 peach 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 submitted 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 peach 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 peach fruit fly the Department uses the lifecycle
model with 54.7° Fahrenheit base developmental temperature and 818 degree
days Fahrenheit per generation.
(c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of peach fruit fly.
(1) All fruit, vegetables or berries of the
following:
| Scientific Name | Common Name | |
| Aegle marmelos | Baeltree | |
| Afzelia xylocarpa | Doussie | |
| Annona reticulate | Custard apple | |
| Annona squamosa | Sugar apple | |
| Careya arborea | Patana oak | |
| Carica papaya | Papaya | |
| Casimiroa edulis | White sapote | |
| Citrullus lanatus | Watermelon | |
| Citrus aurantium | Sour orange | |
| Citrus limon | Lemon | |
| Citrus nobilis x Citrus deliciosa | Kinnow | |
| Citrus paradisi | Grapefruit | |
| Citrus reticulata | Mandarin orange | |
| Citrus sinensis | Orange | |
| Coccinia grandis | Ivy gourd | |
| Cucumis sativus | Cucumber | |
| Cydonia oblonga | Quince | |
| Elaeocarpus hygrophilus | Ma-kok-nam | |
| Eriobotrya japonica | Loquat | |
| Ficus carica | Fig | |
| Grewia asiatica | Phalsa | |
| Lagenaria siceraria | Bottle gourd | |
| Luffa acutangula | Angled loofah | |
| Luffa spp. | Tori | |
| Malpighia emarginata | Barbados cherry | |
| Malus pumila | Apple | |
| Malus sylvestris | Crab apple | |
| Mangifera indica | Mango | |
| Manilkara zapota | Sapodilla | |
| Mimusops elengi | Spanish cherry | |
| Momordica charantia | Bitter melon | |
| Olea europaea | Olive | |
| Persea americana | Avocado | |
| Phoenix dactylifera | Date palm | |
| Prunus armeniaca | Apricot | |
| Prunus avium | Sweet cherry | |
| Prunus domestica | Plum | |
| Prunus persica | Peach | |
| Prunus sp. | N/A | |
| Psidium cattleyanum | Strawberry guava | |
| Psidium guajava | Guava | |
| Punica granatum | Pomegranate | |
| Putranjiva roxburghii | Wild olive | |
| Pyrus communis | Pear | |
| Pyrus ussuriensis | Manchurian pear | |
| Solanum lycopersicum | Tomato | |
| Solanum melongena | Eggplant | |
| Syzygium jambos | Rose apple | |
| Syzygium samarangense | Java apple | |
| Terminalia catappa | L. Tropical almond | |
| Ziziphus jujuba | Jujube | |
| Ziziphus mauritiana | Chinese date |
(2) Soil within the drip area of plants
producing, or which have produced fruit, vegetables, or berries as listed in
(c)(1) above.
(3) Any other
product, article, or means of conveyance when it is determined by the Secretary
or county agricultural commissioner to present a hazard of spreading live life
stages of peach fruit fly and the person in possession thereof has been so
notified.
(d) Restrictions.
(1) At the wholesale level,
articles and commodities covered in Section (c) are prohibited movement within
or from the area under quarantine except as provided in (A) or (B) below:
(A) If the article or commodity has been
treated in a manner approved by the department to eliminate peach fruit fly, is
transported in a manner to preclude exposure to peach fruit fly, and is
accompanied by a written certificate issued by an authorized State or county
agricultural official affirming compliance with this subsection; or,
(B) The article or commodity is moving for
treatment for peach fruit fly or processing and in a manner approved by the
department to preclude exposure to peach fruit fly and is accompanied by a
written certificate issued by an authorized State or county agricultural
official affirming such movement has been authorized under this
subsection.
(2) At the
wholesale level, articles and commodities covered in Section (c) 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 compliance
with (A), (B) or (C) below:
(A) If the article
or commodity is moving directly through the area under quarantine without delay
and by a direct route in an enclosed vehicle or container or completely
enclosed by a covering to prevent exposure to the peach fruit fly while en
route through the area; or,
(B) The
article or commodity is destined to a wholesale or retail establishment within
the quarantined area and, if moving between 9:a.m. and sunset, is transported
in an enclosed vehicle or container or completely enclosed by a covering to
prevent exposure to the peach fruit fly; or
(C) The article or 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 department 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 department to preclude exposure to peach
fruit fly. No commodity covered shall be held for sale or sold from a truck,
trailer, or other mobile vehicle.
1. New
section filed 5-23-2006 as an emergency; operative 5-23-2006 (Register 2006,
No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-2006 or
emergency language will be repealed by operation of law on the following
day.
2. Repealer and reservation of subsection (b) filed 8-1-2006 as
an emergency; operative 8-1-2006 (Register 2006, No. 31). A Certificate of
Compliance must be transmitted to OAL by 11-29-2006 or emergency language will
be repealed by operation of law on the following day.
3. Certificate
of Compliance as to 5-23-2006 order transmitted to OAL 9-1-2006 and filed
10-12-2006 (Register 2006, No. 41).
4. Certificate of Compliance as
to 8-1-2006 order transmitted to OAL 11-22-2006 and filed 1-3-2007 (Register
2007, No. 1).
5. New subsections (b)(1)-(6) filed 7-10-2014;
operative 10-1-2014 (Register 2014, No. 28).
6. Amendment of
subsection (c)(1) filed 7-25-2017 as an emergency; operative 7-25-2017
(Register 2017, No. 30). A Certificate of Compliance must be transmitted to OAL
by 1-22-2018 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 7-25-2017 order
transmitted to OAL 12-4-2017 and filed 1-16-2018 (Register 2018, No. 3).
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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