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 3425 - Melon Fruit Fly Interior Quarantine

Universal Citation: 3 CA Code of Regs 3425

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. Melon fruit fly (Bactrocera cucurbitae).

(b) Area Under Quarantine.

[Reserved]

(c) Commodities Covered.

(1) All fruit, vegetables or berries of the following agricultural, wild, or ornamental plants:

Common Name Scientific Name
Apple Malus sylvestris
Apple, Custard Annona reticulata
Avocado Persea americana
Bean, hyacinth Lablab purpureus subsp. purpureus
[Dolichos lablab]
Bean, lima Phaseolus lunatus [Phaseolus limensis]
Bean, mung Phaseolus radiatus
Bean, string Phaseolus vulgaris
Cantaloupe Cucumis melo
Cucumis melo var. cantalupensis
Cauliflower Brassica oleracea var. botrytis
Chayote Sechium edule
Colocynth Citrullus colocynthis
Cowpea Vigna unguiculata
Cucumber Cucumis sativus
Cucumber, bur Sicyos sp.
Cucurbit Cucumis pubescens
Cucumis trigonus
Date palm Phoenix dactylifera
Eggplant Solanum melongena
Fig, common Ficus carica
Gourds Coccinia spp.
Cresentia spp.
Lagenaria spp.
Luffa spp.
Momordica spp.
Trichosanthes spp.
Guava Psidium guajava
Guava, cattley Psidium cattleianum
Mango Mangifera indica
Melon Citrullus sp.
Melon, Chinese Benincasa hispida
Melon, Oriental pickling Cucumis melo var. conomon
Mustard, leaf Brassica juncea
Okra Hbiscus esculentus
Orange, king Citrus nobilis
Orange, mandarin Citurs reticulata
Orange, sweet Citrus sinensis
Papaya, common Carica papaya
Passion fruit Passiflora edulis
Peach Prunus persica
Pear Pyrus communis
Pepper Capsicum annum
Pepper, chili Capsicum annum
Pepper, tabasco Capsicum frutescens
Pumpkin Cucurbita pepo
Pumpkin, Canada Cucurbita moschata
Scarlet wisteria tree Sesbania grandiflora
Soursop Annona muricata
Squash Cucurbita maxima
Threeleaf cayratia Cayratia trifolia
Tomato Lycopersicon esculentum (pink to red ripe)
Tomato, tree Cyphomandra betaceae
Water lemon Passiflora laurifolia
Watermelon Citrullus lanatus [Citrullus vulgaris]

(2) Soil within the drip area of plants producing, or which have produced fruit, vegetables, or berries as listed in (c)(1) above.

(3) Plants of the following species in the Cucurbitaceae:

Common Name Scientific Name
Cantaloupe Cucumis melo
Chayote Sechium edule
Colocynth Citrullus colocynthis
Cucumber Cucumis sativus
Cucumber, bur Sicyos sp.
Cucurbit, wild Cucumis pubescens
Cucumis trigonus
Gherkin, West Indian Cucumis angaria
Gourds Coccinia spp.
Cresentia spp.
Lagenaria spp.
Luffa spp.
Momordica spp.
Trichosanthes spp.
Gourd, angled luffa Luffa acutangula
Gourd, balsam-apple Momordica balsaminia
Gourd, balsam-pear Momordica dioica
Gourd, ivy Coccinia grandis
Gourd, kakari Momordica cochinchiensis
Gourd, pointed Trichosanthes dioica
Gourd, serpent cucumber Trichosanthes anguina
Gourd, snake Trichosanthes cucumeroides
Gourd, sponge Luffa aegyptiaca
Gourd, white-flowered Lagenaria siceraria
Melon, Chinese Benincasa hispida
Melon, long Cucumis utllissimus
Pumpkin Cucurbita pepo
Pumpkin, Canada Cucurbita moschata
Squash Cucurbita maxima
Watermelon Citrullus lanatus [Citrullus vulgaris]

(4) Any other plant, product, article, or means of conveyance when it is determined by the department or county agricultural commissioner to present a hazard of spreading live melon fruit fly and the person in possession thereof has been so notified.

(d) Restrictions.

(1) At the 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 in a manner approved by the department to eliminate melon fruit fly, is transported in a manner approved by the department to preclude exposure to melon fruit fly, and is accompanied by a certificate, verifying compliance with the above requirements, issued by the department or county agricultural commissioner; or,

(B) The commodity is moving for treatment for melon fruit fly or processing and in a manner approved by the department to preclude exposure to melon fruit fly and is accompanied by a written document affirming that movement has been authorized by the department 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 melon 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 melon 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 noncommerically 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 melon fruit fly.

1. New section filed 12-10-87 as an emergency; operative 12-10-87 (Register 87, No. 51). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-11-88.
2. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 51).
3. Amendment of section heading and new section filed 1-5-2000 as an emergency; operative 1-5-2000 (Register 2000, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-4-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2000 order transmitted to OAL 5-2-2000 and filed 6-1-2000 (Register 2000, No. 22).
5. Repealer of subsection (b)(1) filed 6-11-2002; operative 7-11-2002 (Register 2002, No. 24).
6. New subsection (b) and amendment of subsections (c)(1) and (c)(3)-(4) filed 8-16-2010 as an emergency; operative 8-16-2010 (Register 2010, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-14-2011 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b) filed 9-2-2010 as an emergency; operative 9-2-2010 (Register 2010, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-16-2010 and 9-2-2010 orders, including further amendment of subsection (c)(1), transmitted to OAL 12-14-2010 and filed 1-13-2011 (Register 2011, No. 2).
9. Repealer and reservation of area under quarantine filed 9-28-2011; operative 10-28-2011 (Register 2011, No. 39).

Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.

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