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 3591.12 - Peach Fruit Fly Eradication Area

Universal Citation: 3 CA Code of Regs 3591.12

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 peach fruit fly, Bactrocera zonata, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such, it is amenable to the provisions of Article 4 (Sections 5761, 5762, 5763 and 5764) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.

(1) The entire county of Alameda.

(2) The entire county of Contra Costa.

(3) The entire county of Fresno.

(4) The entire county of Los Angeles.

(5) The entire county of Madera.

(6) The entire county of Napa.

(7) The entire county of Orange.

(8) The entire county of Riverside.

(9) The entire county of San Bernardino.

(10) The entire county of San Joaquin.

(11) The entire county of San Mateo.

(12) The entire county of Santa Clara.

(13) The entire county of Solano.

(14) The entire county of Ventura.

(b) Hosts.

(1) Fruit of the following plants:

Scientific Name Common Name
Aegle marmelos Baeltree
Afzelia xylocarpa Doussie
Annona reticulata 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 C. 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 Tropical almond
Ziziphus jujuba Jujube
Ziziphus mauritiana Chinese date

Any other plants determined by the director to produce fruit which is attacked by Bactrocera zonata.

(2) Soil or planting media within the drip area of plants producing, or which have produced, host fruit.

(c) Means and method. The following means and methods may be used in the eradication and control of said pest in said area:

(1) The use of insecticides, chemicals, or other materials as spray (including soil spray treatments), dust, bait, or in any other manner as often as necessary to effect control or eradication.

(2) The removal and destruction of hosts, including plants of hosts, if such is a practical way of eliminating the infestation.

(3) The searching for all stages of the fly by visual inspection, the use of traps, or any other means.

(4) The removal and destruction of abandoned or unwanted hosts or plants bearing or capable of bearing hosts.

(5) The importation, rearing, liberation, and fostering of parasites and predators which attack the fly.

(6) The importation, rearing, or liberation of sterile forms of the fly.

1. New section filed 9-20-93 as an emergency; operative 9-20-93 (Register 93, No. 39). A Certificate of Compliance must be transmitted to OAL 1-18-94 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 46.
2. Certificate of Compliance as to 9-20-93 order transmitted to OAL 1-6-94 and filed 2-8-94 (Register 94, No. 6).
3. Amendment repealing and reserving subsection (a)(1) filed 4-24-97; operative 5-24-97 (Register 97, No. 17).
4. New subsection (a)(1) filed 10-23-97 as an emergency; operative 10-23-97 (Register 97, No. 43). A Certificate of Compliance must be transmitted to OAL by 2-20-98 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-23-97 order transmitted to OAL 1-29-98 and filed 3-9-98 (Register 98, No. 11).
6. New subsection (a)(2) filed 9-6-2001 as an emergency; operative 9-6-2001 (Register 2001, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-4-2002 or emergency language will be repealed by operation of law on the following day.
7. New subsection (a)(2) and subsection renumbering filed 12-4-2001 as an emergency; operative 12-4-2001 (Register 2001, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-3-2002 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 9-6-2001 order transmitted to OAL 12-27-2001 and filed 2-7-2002 (Register 2002, No. 6).
9. Certificate of Compliance as to 12-4-2001 order transmitted to OAL 4-3-2002 and filed 4-23-2002 (Register 2002, No. 17).
10. New subsection (a)(2) and subsection renumbering filed 5-18-2006 as an emergency; operative 5-18-2006 (Register 2006, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-15-2006 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 5-18-2006 order transmitted to OAL 8-11-2006 and filed 8-23-2006 (Register 2006, No. 34).
12. New subsection (a)(3) and subsection renumbering filed 9-12-2006 as an emergency; operative 9-12-2006 (Register 2006, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2007 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 9-12-2006 order transmitted to OAL 12-19-2006 and filed 1-31-2007 (Register 2007, No. 5).
14. Amendment of subsection (a), new subsections (a)(4), (a)(6) and (a)(8), subsection renumbering and amendment of NOTE filed 7-11-2013 as an emergency; operative 7-11-2013 (Register 2013, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-7-2014 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 7-11-2013 order, including amendment of subsection (b)(1), transmitted to OAL 10-31-2013 and filed 12-16-2013; amendments effective 4-1-2014 pursuant to Government Code section 11343.4(a) (Register 2013, No. 51).
16. New subsection (a)(9) and amendment of subsection (b)(1) filed 6-20-2016 as an emergency; operative 6-20-2016 (Register 2016, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-19-2016 or emergency language will be repealed by operation of law on the following day.
17. New subsection (a)(10) filed 11-2-2016 as an emergency; operative 11-2-2016 (Register 2016, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-1-2017 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 6-20-2016 order transmitted to OAL 11-29-2016 and filed 1-9-2017 (Register 2017, No. 2).
19. Certificate of Compliance as to 11-2-2016 order, including nonsubstantive amendment of NOTE, transmitted to OAL 4-25-2017 and filed 6-1-2017 (Register 2017, No. 22).
20. Amendment of subsection (b)(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.
21. Certificate of Compliance as to 7-25-2017 order transmitted to OAL 12-4-2017 and filed 1-16-2018 (Register 2018, No. 3).
22. New subsection (a)(11) filed 9-12-2018 as an emergency; operative 9-12-2018 (Register 2018, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-11-2019 or emergency language will be repealed by operation of law on the following day.
23. New subsections (a)(2), (a)(10) and (a)(11), repealer of subsections (a)(7)-(8) and subsection renumbering filed 10-2-2018 as an emergency; operative 10-2-2018 (Register 2018, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-2-2019 or emergency language will be repealed by operation of law on the following day.
24. New subsection (a)(6) and subsection renumbering filed 10-8-2018 as an emergency; operative 10-8-2018 (Register 2018, No. 41). A Certificate of Compliance must be transmitted to OAL by 4-8-2019 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 9-12-2018 order transmitted to OAL 3-7-2019 and filed 4-15-2019 (Register 2019, No. 16).
26. Certificate of Compliance as to 10-2-2018 order transmitted to OAL 3-28-2019 and filed 5-1-2019 (Register 2019, No. 18).
27. Certificate of Compliance as to 10-8-2018 order transmitted to OAL 3-28-2019 and filed 5-2-2019 (Register 2019, No. 18).
28. New subsection (a)(5) and subsection renumbering filed 10-14-2020 as an emergency; operative 10-14-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-66-20) (Register 2020, No. 42). A Certificate of Compliance must be transmitted to OAL by 8-10-2021 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 10-14-2020 order transmitted to OAL 6-4-2021 and filed 7-15-2021 (Register 2021, No. 29).

Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 5761, 5762, 5763 and 5764, Food and Agricultural Code.

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