California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 3 - Entomology and Plant Quarantine
Subchapter 5 - Insect Pest Control
Article 2 - Pest Eradication Areas
Section 3590 - Pink Bollworm Eradication Area
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Proclamation of Eradication Area. That portion of the State of California described as follows within which pink bollworm (Pectinophora gossypiella) is known to exist is hereby declared to be an eradication area.
The entire counties of Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera, Merced, Riverside, San Benito, San Bernardino, San Diego, and Tulare.
(b) Definition. The following definitions are applicable to this section.
(c) Implementing Procedures. In controlling pink bollworm of cotton, Agricultural Commissioners shall be responsible to the Director and shall carry out in their counties programs prescribed by the Director. The Commissioner or the Director may elect, as necessary, to implement some or all of the control methods stated in paragraph (d) and may require persons in possession of property upon which cotton is growing or stored or which contain other hosts of pink bollworm, to use these control methods. Host plants on such property which are not brought into compliance as required, and so maintained, shall be deemed a public nuisance and subject to abatement procedures at the expense of the owner or person in possession.
(d) Control Methods
(e) Permits for Movement of Restricted Articles. When it has been determined by the Director or Commissioner that, due to contamination with live pink bollworm, a hazard of spread of pink bollworm is presented by movements of any product or article of any character whatsoever, the Commissioner at the direction of the Director shall require safeguards and restrict movements of hosts and possible carriers and contaminated products and articles within the eradication area. Notice of such fact shall be given to the person having custody thereof. Thereafter such contaminated product or article may be moved only after it has been cleaned, treated, or otherwise disinfected to the satisfaction of the Commissioner. Permits may be issued by the Director or the Commissioner through a signed agreement with a person engaged in moving within the eradication area of hosts and possible carriers or contaminated products and articles for limited handling, utilization or processing, or for treatment.
When the Director or Commissioner deems it necessary, persons intending to move any host or possible carrier or any contaminated product or article shall make application for inspection as far in advance of movement as possible, shall so handle such things as to safeguard them from infestation, and shall assemble them at such points and in such manner as the Director or Commissioner shall designate to facilitate inspection.
Permits may be revoked and further permits may be refused by the Director or Commissioner whenever either one determines that the further use of such permits would in the Director's or Commissioner's judgment result in the spread of the pink bollworm. Because of the nature of said pest, the permit shall be subject to summary revocation for cause at the Commissioner's discretion.
1.
Amendment filed 10-9-73 as an emergency; effective upon filing (Register 73,
No. 41).
2. Certificate of Compliance filed 12-21-73 (Register 73,
No. 51).
3. Amendment of subsections (c) and (e) filed 7-28-77 as
organizational and procedural; effective upon filing (Register 77, No.
31).
4. Editorial correction adding NOTE filed 2-17-83 (Register 83,
No. 8).
Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5322 and 5761- 5763, Food and Agricultural Code.