Section 3407 - Citrus Tristeza Virus Interior QuarantineA quarantine is established against the following pest, its hosts and possible carriers:
(a) Pest. All strains of the citrus tristeza virus.(b) Quarantine Area. That portion of the State which is known to be generally infected with citrus tristeza virus and where no significant efforts to control or suppress the disease are conducted. The quarantine area is the counties of Orange and Ventura, and portions of Los Angeles, Riverside, San Bernardino, San Diego and Santa Barbara counties as follows: (1) Los Angeles County. That portion of Los Angeles County lying south of a line drawn as follows: Beginning at the point where the north boundary of Township 4 north intersects the west county boundary line; then east along the north boundary of Township 4 north to its intersection with State Highway 14; then southerly along a straight line drawn to Men-denhall Peak lookout; then southeasterly along a straight line drawn to the point where the north boundary of Township 2 north intersects the Big Tujunga Wash; then east along the north boundary of Township 2 north to the east county boundary line. (All township and range lines are S.B.B.M.)(2) Riverside County. That portion of Riverside County lying west of a line drawn as follows: Beginning at the point on the north Riverside County boundary line where the San Bernardino Meridian intersects said boundary line; then, continuing southerly along said meridian to the south Riverside County boundary line.(3) San Bernardino County. That portion of San Bernardino County lying west of a line drawn as follows: Beginning at the point where the north boundary of Township 2 North, SBM, intersects the west San Bernardino County boundary line; then east along the north boundary of Township 2 North to its point of intersection with the east boundary of Range 6 West; then southeasterly along an imaginary line to the crest of Mount San Bernardino; then southeasterly to the point on the south San Bernardino County boundary line where an imaginary line from the crest of Mount San Bernardino to the crest of Baldy Mountain (in Riverside County) intersects said boundary line.(4) San Diego County. That portion of San Diego County lying west of the east boundary of Range 2 East, SBM.(5) Santa Barbara County. That portion of Santa Barbara County lying south of a line drawn as follows: Beginning at the Point Arguello lighthouse; then easterly along an imaginary line to the summit of El Tranquillon Mountain; then southeasterly along an imaginary line to the point of intersection of Jalama Creek and Escondido Creek; then easterly along an imaginary line to the point of intersection of Gaviota Creek and the summit of the Santa Ynez Range; then easterly along the summit of the Santa Ynez Range to the east Santa Barbara County boundary line.(c) Suppressive Area. The suppressive area is that portion of the State in which the citrus tristeza virus has been detected, in which a pest control district has been established, and where an active control or suppression program is being conducted. The suppressive area is the county of Kern and portions of Fresno, Tulare, and Riverside Counties as follows: (1) Fresno County. That portion of Fresno County known as the Central Valley Pest Control District bounded by a line drawn as follows: Beginning at the intersection of the Kings River and the Fresno-Tulare County line; then, northerly and northeasterly along said river to the Pine Flat Reservoir; then, northeasterly along the southern edge of said reservoir to the South Fork of the Kings River; then, easterly along said river to its intersection with the western boundary of the Kings Canyon National Park; then, southeasterly and southerly along said boundary to its intersection with the Fresno-Tulare County line; then, westerly and southerly along said county line to the point of beginning.(2) Tulare County. That portion of Tulare County known as the Southern Tulare County Citrus Pest Control District bounded by a line drawn as follows: Beginning at the intersection of the Tulare-Kings County line and the northwest corner of Section 7, Township 21 South, Range 23 East; then, east along section lines to the northeast corner of Section 8, Township 21 South, Range 27 East; then, south one-half mile along the section line to its intersection with the south line of the north half of Section 9, Township 21 South, Range 27 East; then, east along said line to the northwest corner of the northeast quarter of the southeast quarter of Section 10 Township 21 South, Range 27 East; then, south along an imaginary line to the northwest corner of the southeast quarter of the southeast quarter of said Section 10; then, east along an imaginary line to the northeast corner of the southeast quarter of the southeast quarter of said Section 10; then, south along an imaginary line to the southwest corner of Section 11, Township 21 South, Range 27 East; then, east along the south line of Sections 11 and 12, Township 21 South, Range 27 East; then, east along the south line of Sections 7 and 8, Township 21 South, Range 28 East to the southeast corner of Section 8, Township 21 South, Range 28 East; then, north two miles along an imaginary line to the 5th Standard Parallel South; then, east along said parallel to the Tulare-Inyo County line; then, southerly along said county line to its intersection with the Tulare-Kern County line; then westerly along the Tulare-Kern County line to its intersection with the Tulare-Kings County line; then, northerly along the Tulare-Kings County line to the point of beginning (all locations are Mt. Diablo Base and Meridian).(3) Riverside County. That portion of Riverside County known as the Coachella Valley and bounded by a line drawn as follows: Beginning at the intersection of the northwest corner of T.2S., R.4E., S.B.B. & M. and the Riverside County Line; then, easterly along said county line to its intersection with the northeast corner of T.2S., R.12E., S.B.B. & M.; then, southerly from said intersection along range line 12E. to its intersection with the Riverside County Line; then, westerly along said county line to its intersection with the southwest corner of T.8S., R.4E., S.B.B. & M.; then, northerly from said intersection along range line 4E. to the point of beginning.(d) Regulated Area. The regulated area is that portion of the State in which the citrus tristeza virus may occur but which is not generally infected and where efforts to control or suppress the disease may be conducted. The regulated area is all areas of California not described as a quarantine or suppressive area.(e) Articles and Commodities Covered. (1) All plants and propagative parts (except seed) including any subspecies, variety, or ornamental form, of the genera Citrus (true citrus), Fortunella (kumquat), Poncirus (trifoliate orange) and of any hybrid having at least one ancestor of Citrus, Fortunella, or Poncirus, are declared to be hosts or possible carriers of the pest.(2) All plants and propagative parts (except seed), including any subspecies variety or ornamental form of the genera Aeglopsis (dwarf powder-flask fruit), and Afraegle (African powder-flask fruit), Atalantia, Citropsis, Clausena, Clymenia, Eremocitrus, Hesperethusa, Merrillia, Microcitrus, Pleiospermium, Severinia, Swinglea are declared to be hosts or possible carriers of the pest.(f) Restrictions. (1) Moving permits for articles and commodities covered in (e)(1).(A) The agricultural commissioner at origin may issue permits authorizing the movement of propagative parts from field-grown source trees until January 1, 2012 and from field-grown nursery increase blocks until January 1, 2013.(B) Propagative parts from registered source or registered increase trees that are maintained in departmentally approved insect-resistant structures and that meet the record-keeping requirements in Section 3701.2(a)(9), Title 3, California Code of Regulations may be moved within the state without a moving permit.(C) The agricultural commissioner at origin may issue moving permits for movement throughout the state for trees produced from buds, cuttings, or scions taken from registered source or registered increase trees as described in subsection (B), provided the following requirements are met:1. The trees were propagated and continuously maintained within a departmentally approved insect-resistant structure.2. The nursery maintains records of the source of the vegetative propagative material and the progeny trees in the nursery produced therefrom for five years after production. The records shall be made available for review by the county agricultural commissioner during normal business hours.(D) The agricultural commissioner at origin may issue permits authorizing the movement of trees other than as described in subsection (C) provided that the nursery maintains records of the source of the vegetative propagative material and the progeny trees in the nursery produced therefrom for five years after production. The records shall be made available for review by the county agricultural commissioner during normal business hours.(2) Conditions of Movement. Unless accompanied by a moving permit or under a cutting permit as hereinafter provided, articles and commodities covered shall not be transported or moved, except as provided in subsection (f)(1)(B) and (C): (A) From the quarantine area except to another portion of the quarantine area or except when authorized under permit as provided in paragraphs (8) and (9).(B) From the regulated area except to another portion of the regulated area or to the quarantine area or under permit to the suppressive area as provided in paragraph (4).(C) From the suppressive area except to the quarantine area, to another portion of the suppressive area under permit as provided in paragraphs (4) and (6), or under permit to the regulated area as provided in paragraph (4).(3) Propagation of Articles and Commodities Covered in this Section. All buds, cuttings, and scions used in the propagation of trees described in subsection (e)(2) shall be taken from source trees which have been tested to the satisfaction of the department and found free from tristeza. No buds, cuttings, or scions from untested or tristeza infected source trees may be used for propagation of articles and commodities covered in this section. Records shall be maintained of each source tree, the quantity of propagative material taken from each source tree, and the progeny trees in the nursery produced therefrom for five years after production. The records shall be made available for review by the county agricultural commissioner during normal business hours.(4) Moving Permits for Movement into, within, or from the Suppressive Area. Except as provided in subsection (f)(1)(B) and (C), the agricultural commissioner at origin may issue moving permits authorizing movement of articles and commodities covered into, within, or from the suppressive area provided that the articles and commodities have been tested for tristeza to the satisfaction of the department and no evidence of tristeza was found, or all buds, cuttings, scions or top-worked trees used in the production of the trees, or being moved as such are from source trees or trees in a nursery increase block which have been so tested.(5) Record of Tested Source Trees and Trees Produced From Nursery Increase Blocks. In order that trees produced from buds, cuttings, or scions taken from tristeza tested source trees or nursery increase blocks may later be moved under a moving permit in accordance with paragraph (4), the agricultural commissioner shall cause a record to be kept of each source tree listed in subsection (e)(2); the kind and amount of buds, cuttings, or scions taken from each source tree; and the kind, number, and location in the nursery of the progeny trees produced therefrom for five years after production.(6) Cutting Permit Required for Taking or Moving Budwood Within the Suppressive Area. No buds, cuttings, or scions of host trees described in subsection (e)(2) shall be cut or otherwise taken from such trees within the suppressive area or moved within or from any such area for propagation, unless a cutting permit has been secured from the agricultural commissioner prior to cutting or taking or moving same. Cutting permits may be issued within the suppressive area provided the source tree has been tested for tristeza to the satisfaction of the department and no evidence of tristeza was found. Such a cutting permit shall set forth the amount and kind of buds, cuttings, and scions in the shipment accompanied thereby and the name and address of the consignee.(7) The issuance of cutting permits for host trees listed in subsection (e)(2) and moving permits, except as provided in subsection (f)(1)(B) and (C), under the terms of this regulation also applies to nursery increase blocks. Nursery increase block means a planting of citrus nursery stock propagated using budwood and/or scionwood from trees which have been tested for tristeza to the satisfaction of the department. Top-worked trees may qualify as nursery increase blocks provided that they are tested to the satisfaction of the department and found free of tristeza. The county agricultural commissioner at origin may approve such nursery or top-worked trees, which do not exceed 18 months from time of budding, to be used as a supplementary source of buds, cuttings or scions. The agricultural commissioner shall cause a record to be kept as provided in paragraph (5).(8) Permits Involving Movement into or through the Regulated Area for Fumigation. Except as provided in subsection (f)(1)(B) and (C), the agricultural commissioner may issue permits authorizing the movement of articles and commodities covered from the quarantine area into or through the regulated area for fumigation and prompt return to the quarantine area. The articles and commodities shall be treated for tristeza vector elimination immediately prior to such movement in a manner approved by the department and shall be moved in wrapped bales, bundles, or closed containers in a closed conveyance. Such permits shall be valid for only the time specified in the permit and shall not authorize the articles and commodities to remain outside the quarantine area longer than 48 hours.(9) Movement in Transit through the Quarantine Area. Articles and commodities covered originating outside of the quarantine area may be moved through such area without delay or diversion in wrapped bales, bundles, or closed containers, or in a closed conveyance into which no other articles and commodities covered are placed while within the quarantine area.Cal. Code Regs. Tit. 3, § 3407
1. Amendment of subsections (b) and (c) filed 6-28-74; effective thirtieth day thereafter (Register 74, No. 26). For prior history, see Register 73, No. 27.
2. Amendment of subsections (b)(1)(A) and (c-1) filed 9-30-76 as an emergency; effective upon filing (Register 76, No. 40).
3. Certificate of Compliance filed 12-10-76 (Register 76, No. 50).
4. Amendment of section title, subsections (a), (b-1), (d)(2) and (d)(5) filed 9-25-78; effective thirtieth day thereafter (Register 78, No. 39).
5. Editorial correction of NOTE filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
6. Amendment filed 9-13-84; effective thirtieth day thereafter (Register 84, No. 37).
7. Amendment of section heading and text filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
8. Amendment filed 11-6-98; operative 12-6-98 (Register 98, No. 45).
9. Amendment of subsection (b)(2) filed 11-6-98; operative 12-6-98 (Register 98, No. 45).
10. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
11. Reinstatement of section as it existed prior to 5-17-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 48).
12. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
13. Reinstatement of section as it existed prior to 11-24-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 15).
14. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
15. Certificate of Compliance as to 4-14-2011 order, including further amendment of subsections (e)(1), (f)(2), (f)(4) and (f)(7)-(8) and new subsections (f)(1)(C)-(D), transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
16. Amendment of subsections (e)(1)-(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51). Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
1. Amendment of subsections (b) and (c) filed 6-28-74; effective thirtieth day thereafter (Register 74, No. 26). For prior history, see Register 73, No. 27.
2. Amendment of subsections (b)(1)(A) and (c-1) filed 9-30-76 as an emergency; effective upon filing (Register 76, No. 40).
3. Certificate of Compliance filed 12-10-76 (Register 76, No. 50).
4. Amendment of section title, subsections (a), (b-1), (d)(2) and (d)(5) filed 9-25-78; effective thirtieth day thereafter (Register 78, No. 39).
5. Editorial correction of NOTE filed 6-3-83; effective thirtieth day thereafter (Register 83, No. 23).
6. Amendment filed 9-13-84; effective thirtieth day thereafter (Register 84, No. 37).
7. Amendment of section heading and text filed 8-2-94; operative 9-1-94 (Register 94, No. 31).
8. Amendment filed 11-6-98; operative 12-6-98 (Register 98, No. 45).
9. Amendment of subsection (b)(2) filed 11-6-98; operative 12-6-98 (Register 98, No. 45).
10. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
11. Reinstatement of section as it existed prior to 5-17-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 48).
12. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
13. Reinstatement of section as it existed prior to 11-24-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 15).
14. Redesignation and amendment of portions of former subsection (e) as new subsections (e)(1)-(2), new subsections (f)(1)-(f)(1)(B), subsection renumbering and amendment of newly designated subsections (f)(2)-(8) 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.
15. Certificate of Compliance as to 4-14-2011 order, including further amendment of subsections (e)(1), (f)(2), (f)(4) and (f)(7)-(8) and new subsections (f)(1)(C)-(D), transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
16. Amendment of subsections (e)(1)-(2) filed 12-20-2011; operative 1-19-2012 (Register 2011, No. 51).