California Code of Regulations
Title 3 - Food and Agriculture
Division 4 - Plant Industry
Chapter 4 - Plant Pathology
Subchapter 5 - Pierce's Disease Control Program
Article 1 - General Provisions
Section 3653 - Area Designation Procedures
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) An area shall be designated as non-infested based on written affirmation to the Department by the local public entity that the area has been surveyed in a manner approved by the Department to detect vectors with negative results.
(b) An area shall be designated as infested when the survey results indicate an infestation is present, the Department has defined the infested area, and the local public entity is notified immediately. The Department shall also provide electronic and/or written notification of the area designations to the other local public entities and other interested or affected parties.
(c) The local public 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 filed 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.
(d) The infested area designation shall be removed if:
1. New
section filed 7-25-2000 as an emergency; operative 7-25-2000 (Register 2000,
No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-2000
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 11-21-2000 as an emergency; operative
11-21-2000 (Register 2000, No. 47). A Certificate of Compliance must be
transmitted to OAL by 3-21-2001 or emergency language will be repealed by
operation of law on the following day.
3. New section refiled
3-19-2001 as an emergency; operative 3-19-2001 (Register 2001, No. 12). A
Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency
language will be repealed by operation of law on the following
day.
4. New section refiled 7-11-2001 as an emergency; operative
7-11-2001 (Register 2001, No. 28). A Certificate of Compliance must be
transmitted to OAL by 11-8-2001 or emergency language will be repealed by
operation of law on the following day.
5. Repealed by operation of
Government Code section
11346.1(g)
(Register 2002, No. 42).
6. New section filed 10-17-2002 as an
emergency; operative 10-17-2002 (Register 2002, No. 42). A Certificate of
Compliance must be transmitted to OAL by 2-14-2003 or emergency language will
be repealed by operation of law on the following day.
7. New section
refiled 2-6-2003 as an emergency; operative 2-14-2003 (Register 2003, No. 6). A
Certificate of Compliance must be transmitted to OAL by 6-16-2003 or emergency
language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 2-6-2003 order transmitted
to OAL 6-16-2003 and filed 7-28-2003 (Register 2003, No. 31).
Note: Authority cited: Sections 407 and 6047, Food and Agricultural Code. Reference: Section 6045, Food and Agricultural Code.