Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Responsibilities of the Participant
(1) Paying all fees as described in Section
3701.8.
(2) Providing the labor to collect samples
for testing under the supervision of the Department.
(3) Submission of a completed, signed
compliance agreement as required in Section
3701.4.
(4) Applying for the registration or
re-registration of plants grown under the provisions of these
regulations.
(5) Selecting tree(s)
or mother lines for testing, and the proper maintenance of any plants being
grown under the provisions of these regulations.
(6) Procuring qualified propagative materials
for planting.
(7) Using
propagation, farming, and sanitation practices as required in Section
3701.4.
(8) Removal of citrus trees or mother lines
from insect-resistant structures when no longer eligible to be maintained
within the structure.
(9) Maintain,
and upon request, provide within five business days to the Department a record
of all mother trees, mother lines, seed and/or increase trees registered by the
participant, or other trees maintained in the same structure with registered
material.
(A) For all mother trees, mother
lines, seed trees, increase trees and nursery stock, the records shall include
the sources(s) of the vegetative propagative materials used to produce the
trees or mother lines and the date propagated, and shall be maintained for a
minimum of five years from date of propagation.
(B) For all citrus vegetative propagative
material that is produced from registered mother trees, mother lines, or
increase trees and used for propagation or sold as propagative material, the
records shall include disposition of such material including name and address
of customer if applicable, Department registration number or CCPP tag number as
applicable, quantity and kind of units of propagative material, and cultivar,
and shall be maintained for a minimum of five years from the date the material
is produced.
(10) Taking
precautions to guard against the introduction and spread of pests and diseases
to plants entered in this program.
(11) Proper use of registration tags provided
by the Department, including removal within five working days, of registration
tags from citrus trees that have died, for which the Department issues a
cancellation of registration notice, or that otherwise are no longer eligible
for registration, maintaining control of registration tags issued to the
participant, and ensuring that tags are not applied to plants or propagative
materials that are not eligible.
(12) Proper use, maintenance and submission
of Department-supplied insect monitoring traps.
(13) Notifying the Department at least 24
hours in advance of any pest control treatments in plantings using a pesticide
that has reentry or worker safety requirements that would create a health
hazard for the Department's employees, or in any manner interfere with the
Department's ability to conduct scheduled inspections or other field
activities. This subsection only applies when the Department has notified the
participant of the date of a planned inspection or other program-related action
that would bring the Department's representative(s) into a treated area or into
contact with treated plants.
(14)
Notifying the Department of any trees for which registration is requested that
are known to be infected with the citrus variant of the HSVd, citrus viroid IIa
(CVd-IIa, Non-cachexia variant).
(15) Meeting the requirements of Title 3,
Division 4, California Code of Regulations, Section
3060.4(a)(1)(D)
when selling any propagative material infected with the citrus variant of the
HSVd, citrus viroid IIa (CVd-IIa, Non-cachexia variant).
(b) Responsibilities of the Department.
(1) Maintain records of all registered mother
trees, mother lines, seed and increase trees.
(2) Specify, in the registration record,
those trees that are infected with the citrus variant of the HSVd, citrus
viroid IIa (CVd-IIa, Non-cachexia variant).
(3) Process applications from applicant
and/or requests for records from applicant within 10 business days of
receipt.
(4) Release results of
disease tests to participants within 5 business days of receiving final test
results from the facility performing the diagnostics.
(5) Require that the facility performing the
diagnostics include in its protocol a method of conducting additional
diagnostic procedure(s) for any sample for which the results were inconclusive
or positive.
(6) Require that the
facility performing the diagnostics notify the Department within three business
days of any inconclusive or positive test results.
(7) Upon receiving notification from the
diagnostic facility, notify the affected participant within three business days
of any inconclusive or positive test results.
(8) Approve insect-resistant
structures.
(9) Inspect and test
participants' citrus trees and mother lines in accordance with the provisions
of these regulations and as required by the Department.
(10) Cancel registration of citrus trees and
mother lines that are found to be infected with diseases listed in Section
3701.6, using tests prescribed in
Section 3701.6, and/or the trees or mother
lines have been produced out of compliance with the provisions of these
regulations.
(11) The Department
may issue special permits exempting researchers or others from compliance with
any or all of the provisions of these regulations. The permit shall state any
and all provisions under which citrus propagation will be
allowed.
1. New
section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010,
No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section
11346.1(g)
(Register 2010, No. 48).
3. New section refiled 11-24-2010 as an
emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of
Compliance must be transmitted to OAL by 2-22-2011 or emergency language will
be repealed by operation of law on the following day.
4. Repealed by
operation of Government Code section
11346.1(g)
(Register 2011, No. 15).
5. New section refiled 4-14-2011 as an
emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of
Compliance must be transmitted to OAL by 7-13-2011 or emergency language will
be repealed by operation of law on the following day.
6. Certificate
of Compliance as to 4-14-2011 order, including amendment of section and NOTE,
transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No.
27).
7. Change without regulatory effect amending NOTE filed
10-21-2013 pursuant to section
100, title 1, California Code of
Regulations (Register 2013, No. 43).
8. Amendment of NOTE filed
2-20-2014; operative 4-1-2014 (Register 2014, No. 8).
Note: Authority cited: Sections
407,
5705,
5801,
5802
and
6946,
Food and Agricultural Code. Reference: Sections
407,
5310,
5311,
5705,
5801,
5802,
5803,
6940,
6941
and
6945,
Food and Agricultural Code.