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. Malaysian fruit fly (Bactrocera latifrons),
(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. An interested party may also go to the 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 two or more adult
Malaysian 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 two or more adult
Malaysian 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 Malaysian 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 Malaysian 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 Malaysian fruit fly the Department uses the lifecycle
model with 48.60° Fahrenheit base developmental temperature and 1101 degree
days Fahrenheit per generation.
(c) Articles and Commodities Covered. The
following are declared to be hosts and possible carriers of Malaysian fruit
fly.
(1) All fruit, vegetables, pericarp of
nuts, seeds or berries of the following:
|
Scientific Name
|
Common Name
|
|
Baccaurea motleyana (Mull. Arg.)
Mull. Arg. |
Rambai |
|
Benincasa hispida (Thunb.)
Cogn. |
Ash gourd |
|
Capsicum annuum L. |
Chili Pepper |
|
Capsicum annuum L. var
annuum |
Bell Pepper |
|
Capsicum baccatum
|
Barpeppar |
|
Capsicum chinense Jacq. |
Bonnet Pepper |
|
Capsicum frutescens L. |
Bird Pepper |
|
Capsicum spp. |
Pepper |
|
Citrullus lanatus (Thunb.) Matsum.
& Nakai |
Watermelon |
|
Coccinia grandis (L.) Voigt |
Ivy gourd |
|
Coffea arabica L. |
Arabian coffee |
|
Cucumis dipsaceus Ehrenb. Ex
Spach |
Hedgehog cucumber |
|
Cucumis melo L. subsp
agrestis (Naudin) Pangalo var conomon
(Thunb.) Makino |
Oriental pickling melon |
|
Cucumis sativus L. |
Cucumber |
|
Diplocyclos palmatus (L.) C.
Jeffrey |
Lollipop-climber |
|
Gmelina philippensis Cham. |
|
|
Lagenaria siceraria (Molina)
Standl. |
Bottle gourd |
|
Lagerstroemia indica L. |
Crape myrtle |
|
Linociera parkinsoni Linociera xanthocarpum
Lycianthes biflora (Lour.) Bitter |
Da chi hong si xian |
|
Momordica trifoliolata Hook.f. |
|
|
Murraya paniculata (L.) Jack |
Chinese boxwood |
|
Passiflora foetida L. |
Wild passionfruit |
|
Physalis peruviana L. |
Cape-gooseberry |
|
Psidium guajava L. |
Guava |
|
Punica granatum L. |
Pomegranate |
|
Sapindus rarak DC. |
|
|
Solanum aculeatissimum Jacq. |
Dutch eggplant |
|
Solanum aethiopicum L. |
Chinese scarlet eggplant |
|
Solanum americanum Mill. |
American nightshade |
|
Solanum anguivi Lam. |
|
|
Solanum donianum Walp. |
|
|
Solanum granulosoleprosum
Dunal |
|
|
Solanum incanum L. |
Bitter apple |
|
Solanum lanceifolium Jacq. |
|
|
Solanum lasiocarpum Dunal |
Indian nightshade |
|
Solanum linnaeanum Hepper &
P.-M.L. Jaeger |
apple-of-Sodom |
|
Solanum lycopersicum L. var.
cerasiforme (Alef.) Fosberg |
Cherry tomato |
|
Solanum lycopersicum L. var.
lycopersicum |
Tomato |
|
Solanum macrocarpon L. |
African eggplant |
|
Solanum mammosum L. |
Macawbush |
|
Solanum melongena L. |
Eggplant |
|
Solanum nigrescens M. Martens &
Galeotti |
Divine nightshade |
|
Solanum nigrum L. |
Black nightshade |
|
Solanum pimpinellifolium L. |
Currant tomato |
|
Solanum pseudocapsicum L. |
Jerusalem-cherry |
|
Solanum scabrum
|
Mill. Garden huckleberry |
|
Solanum spp. |
|
|
Solanum sisymbriifolium Lam. |
Sticky nightshade |
|
Solanum stramoniifolium Jacq. |
|
|
Solanum torvum Sw. |
Devil's fig |
|
Solanum trilobatum L. |
Purple-fruited pea eggplant |
|
Solanum viarum Dunal |
Tropical soda apple |
|
Solanum violaceum Ortega |
Ci tian qie |
|
Terminalia catappa L. |
Indian almond |
|
Ziziphus jujuba Mill. |
Common jujube |
|
Ziziphus nummularia (Burm.f.) Wight
& Arn. |
|
(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 Malaysian fruit fly and the person in possession thereof has been so
notified.
(d)
Restrictions.
(1) At the wholesale level,
articles and commodities covered in subsection (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 Malaysian
fruit fly, is transported in a manner to preclude exposure to Malaysian 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 Malaysian fruit fly or processing and in a manner
approved by the Department to preclude exposure to Malaysian 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 subsection (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 Malaysian 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 9:00 a.m. and sunset, is
transported in an enclosed vehicle or container or completely enclosed by a
covering to prevent exposure to the Malaysian 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
Malaysian fruit fly. No commodity covered shall be held for sale or sold from a
truck, trailer, or other mobile vehicle.
1. New
section filed 2-2-2016 as an emergency; operative 2-2-2016 (Register 2016, No.
6). A Certificate of Compliance must be transmitted to OAL by 8-1-2016 or
emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 2-2-2016 order, including
amendment of subsections (b)(2)(A)-(B), transmitted to OAL 7-26-2016 and filed
9-7-2016; amendments effective 9-7-2016 pursuant to Government Code section
11343.4(b)(3)
(Register 2016, No. 37).
Note: Authority cited: Sections
407,
5301,
5302
and
5322,
Food and Agricultural Code. Reference: Sections
401.5,
407,
5301,
5302,
5321
and
5322,
Food and Agricultural Code.