Cal. Code Regs. tit. 3 § 3417

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 3417 - [Operative 1/1/2025] Mexican Fruit Fly Interior Quarantine

A quarantine is established against the following pest, its hosts and possible carriers.

(a) Pest. Mexican fruit fly (Anastrepha ludens).

(b) Area Under Quarantine.

(1) An area shall be designated as under quarantine when survey results indicate an infestation is present, the Department has defined the infested area, and the local California County Agricultural Commissioner(s) is notified and requests the quarantine area be established. The Department shall also provide electronic and/or written notification of the area designation(s) to other California County Agricultural Commissioners and other interested or affected parties and post the area description to its website at: www.cdfa.ca.gov/plant/mexfly/regulation.html. An interested party may also go to the above website and elect to receive automatic notifications of any changes in quarantine areas through the list serve option.

(2) If an area is not undergoing the sterile insect technique, an infestation is present when eggs, a larva, a pupa, a mated female or five or more male or unmated female Mexican fruit fly adults are detected within three miles of each other and within one life cycle. In an area undergoing sterile insect technique the criteria for an infestation are the same except a single mated female does not constitute an infestation but counts towards an adult for five or more.

(3) The initial area under quarantine shall be a minimum of a 4.5 mile radius surrounding the qualifying detections being used as an epicenter. Commercial host properties shall not be split by the quarantine boundary line and the boundary line shall be expanded beyond the 4.5 miles as necessary to encompass such host material in its entirety. Wherever possible, known accepted mapping features, including but not limited to roads, streets, highways, creeks, streams, rivers, canals, city, county, State, park and forest boundary lines are used first and if there are no acceptable features such as these then imaginary lines with or without latitude and longitude points may be used.

(4) Satellite infestations: Notwithstanding (b)(6), a detection of a single life stage of Mexican fruit fly within any established quarantine area may be considered a satellite infestation and may be used as the epicenter using an additional 4.5 mile radius surrounding the detection to expand the quarantine area.

(5) Any interested party or local 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.

(6) The infested area designation shall be removed if no additional life stages are detected by trapping or visual surveys for three life cycles after the last detection that triggered the quarantine. Subsequent detections within the quarantine area that are more than three miles from, or one lifecycle after, the detections triggering the quarantine will not affect the area or duration of the quarantine unless they meet the criteria in subsection (b)(2).

(7) A life cycle is an estimate of insect phenology based on a heat degree day temperature driven model. Base developmental temperature thresholds are used in this model's calculations and it estimates the generation time period necessary for the completion of a generation of Mexican fruit fly. Daily minimum and maximum temperatures are used to produce a sine curve over a 24-hour period. The degree days for that day are estimated by calculating the area above the threshold and below the curve, assuming that the temperature curve is symmetrical around the maximum temperature. For Mexican fruit fly the Department uses the lifecycle model with 48.92 ° Fahrenheit base developmental temperature and 1357 degree days Fahrenheit per generation.

(c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of Mexican fruit fly.

(1) All fruit of the plants listed in CCR 3588 (b)(1) Mexican Fruit Fly Eradication Area.

(2) Soil within the drip area of plants producing, or which have produced, fruit listed in CCR 3588 (b)(1) Mexican Fruit Fly Eradication Area.

(d) Restrictions.

(1) At the wholesale level, articles and commodities covered which have been commercially produced within the area under quarantine are prohibited movement from or within the area under quarantine except in accordance with the following provisions:

(A) The commodity has been treated for Mexican fruit fly in a manner approved by the director, is transported in a manner approved by the director to preclude exposure to Mexican fruit fly, and is accompanied by a certificate, verifying compliance with the above requirements, issued by the director or county agricultural commissioner; or,

(B) The commodity is moving for treatment for Mexican fruit fly or processing and in a manner approved by the director to preclude exposure to Mexican fruit fly, and is accompanied by a written document affirming that movement has been authorized by the director or county agricultural commissioner.

(2) At the wholesale level, articles and commodities covered which have been commercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when accompanied by a shipping document indicating the point of origin and destination and moved in accordance with the following provisions:

(A) The commodity is moving directly through the area under quarantine without delay in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Mexican fruit fly; or,

(B) The commodity is destined to a permanent wholesale or retail establishment and is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Mexican fruit fly; or,

(C) The commodity is destined to a commercial processing facility.

(3) At the retail level, articles and commodities covered which have been commercially produced are prohibited movement from or within the area under quarantine except when the person in possession has a sales slip or other comparable document showing the commodity was purchased from a commercial establishment.

(4) Articles and commodities covered which have been noncommercially produced within the area under quarantine, including "backyard" production, are prohibited movement from the premises where grown except under written authorization of the director or county agricultural commissioner.

(5) Articles and commodities covered which have been noncommercially produced outside the area under quarantine are prohibited movement into the area under quarantine except when the person in possession has signed a statement showing the commodity, amount, origin, destination, and date of transportation.

(6) Within the area under quarantine, no wholesale or retail establishment shall handle, sell, or offer for sale any article or commodity covered unless such commodities at all times are maintained in a manner approved by the director to preclude exposure to Mexican fruit fly. No commodity covered shall be held for sale or sold from a truck, trailer, or other mobile vehicle.

Cal. Code Regs. Tit. 3, § 3417

Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.

Note: Authority: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.

1. New section filed 6-4-90 as an emergency; operative 6-4-90 (Register 90, No. 29). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed by operation of law on 10-2-90. For prior history, see Register 84, No. 48.
2. New subsection (b)(2) filed 7-2-90 as an emergency; operative 7-2-90 (Register 90, No. 36). A Certificate of Compliance must be transmitted to OAL by 10-30-90 or emergency language will be repealed by operation of law on the following day.
3. Repealed by operation of Government Code section 11346.1(g) 120 days from effective date filed 5-21-91 (Register 91, No. 24).
4. New section filed 11-22-91 as an emergency; operative 11-22-91 (Register 92, No. 7). A Certificate of Compliance must be transmitted to OAL 3-23-91 or emergency language will be repealed by operation of law on the following day.
5. Amendment of subsection (b) filed 2-27-92 as an emergency; operative 2-27-92 (Register 92, No. 15). A Certificate of Compliance must be transmitted to OAL 6-26-92 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 11-22-91 order transmitted to OAL 3-18-92 and filed 4-29-92 (Register 92, No. 19).
7. Editorial correction of printing error in History 6 (Register 92, No. 28).
8. Certificate of Compliance as to 2-27-92 order transmitted to OAL 6-18-92 and filed 7-1-92 (Register 92, No. 28).
9. Amendment of subsection (b)(1) filed 11-9-93 as an emergency; operative 11-9-93 (Register 93, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-9-94 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 11-9-93 order transmitted to OAL 2-25-94 and filed 3-10-94 (Register 94, No. 10).
11. Repealer of subsection (b)(1) filed 10-17-94 as an emergency; operative 10-17-94 (Register 94, No. 42). A Certificate of Compliance must be transmitted to OAL by 2-14-95 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 10-17-94 order transmitted to OAL 2-9-95 and filed 2-23-95 (Register 95, No. 8).
13. New subsection (b) filed 11-22-95 as an emergency; operative 11-22-95 (Register 95, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-21-96 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (b) filed 12-18-95 as an emergency; operative 12-18-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-16-96 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 11-22-95 order, including new subsection (b)(1) and (b)(2) designations, transmitted to OAL 3-4-96 and filed 4-15-96 (Register 96, No. 16).
16. Certificate of Compliance as to 12-18-95 order transmitted to OAL 3-21-96 and filed 5-1-96 (Register 96, No. 18).
17. Repealer of subsection (b)(2) filed 7-25-96 as an emergency; operative 7-25-96 (Register 96, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-22-96 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 7-25-96 order transmitted to OAL 10-31-96 and filed 11-5-96 (Register 96, No. 45).
19. Repealer of subsection (b)(1) filed 8-21-97 as an emergency; operative 8-21-97 (Register 97, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-19-97 or emergency language will be repealed by operation of law on the following day.
20. New subsection (b) 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.
21. Certificate of Compliance as to 8-21-97 order transmitted to OAL 12-3-97 and filed 1-14-98 (Register 98, No. 3).
22. Certificate of Compliance as to 10-23-97 order transmitted to OAL 1-29-98 and filed 2-9-98 (Register 98, No. 7).
23. New subsection (b)(2) filed 7-29-98 as an emergency; operative 7-29-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
24. Repealer of subsection (b)(1) and subsection renumbering filed 8-24-98 as an emergency; operative 8-24-98 (Register 98, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-22-98 or emergency language will be repealed by operation of law on the following day.
25. New subsection (b)(2) filed 9-25-98 as an emergency; operative 9-25-98 (Register 98, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-25-99 or emergency language will be repealed by operation of law on the following day.
26. Amendment of subsection (b)(2) filed 10-27-98 as an emergency; operative 10-27-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-99 or emergency language will be repealed by operation of law on the following day.
27. Editorial correction of subsection (b)(1) and History 23 (Register 99, No. 1).
28. Certificate of Compliance as to 7-29-98 order transmitted to OAL 11-20-98 and filed 12-29-98 (Register 99, No. 1).
29. Certificate of Compliance as to 8-24-98 order transmitted to OAL 12-22-98 and filed 1-19-99 (Register 99, No. 4).
30. Certificate of Compliance as to 9-25-98 order transmitted to OAL 1-22-99 and filed 3-1-99 (Register 99, No. 10).
31. Certificate of Compliance as to 10-27-98 order transmitted to OAL 2-18-99 and filed 3-1-99 (Register 99, No. 10).
32. Repealer of subsection (b)(1) and subsection renumbering filed 6-14-99 as an emergency; operative 6-14-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-12-99 or emergency language will be repealed by operation of law on the following day.
33. Repealer of subsection (b)(1) filed 8-5-99 as an emergency; operative 8-5-99 (Register 99, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-3-99 or emergency language will be repealed by operation of law on the following day.
34. New subsection (b)(1) filed 9-10-99 as an emergency; operative 9-10-99 (Register 99, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-10-2000 or emergency language will be repealed by operation of law on the following day.
35. Certificate of Compliance as to 6-14-99 order transmitted to OAL 10-12-99 and filed 11-12-99 (Register 99, No. 46).
36. New subsection (b)(2) filed 11-16-99 as an emergency; operative 11-16-99 (Register 99, No. 47). A Certificate of Compliance must be transmitted to OAL by 3-15-2000 or emergency language will be repealed by operation of law on the following day.
37. Certificate of Compliance as to 8-5-99 order transmitted to OAL 12-3-99 and filed 1-12-2000 (Register 2000, No. 2).
38. Certificate of Compliance as to 9-10-99 order transmitted to OAL 1-6-2000 and filed 2-4-2000 (Register 2000, No. 5).
39. Repealer of subsection (b)(1) and subsection renumbering filed 3-28-2000 as an emergency; operative 3-28-2000 (Register 2000, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-26-2000 or emergency language will be repealed by operation of law on the following day.
40. Certificate of Compliance as to 11-16-99 order transmitted to OAL 3-15-2000 and filed 4-20-2000 (Register 2000, No. 16).
41. Repealer of subsection (b)(1) filed 6-8-2000 as an emergency; operative 6-8-2000 (Register 2000, No. 23). A Certificate of Compliance must be transmitted to OAL by 10-6-2000 or emergency language will be repealed by operation of law on the following day.
42. Certificate of Compliance as to 3-28-2000 order transmitted to OAL 7-25-2000 and filed 9-5-2000 (Register 2000, No. 36).
43. Certificate of Compliance as to 6-8-2000 order transmitted to OAL 10-6-2000 and filed 11-2-2000 (Register 2000, No. 44).
44. New subsection (b)(1) filed 11-1-2002 as an emergency; operative 11-1-2002 (Register 2002, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-3-2003 or emergency language will be repealed by operation of law on the following day.
45. New subsection (b)(2) filed 12-12-2002 as an emergency; operative 12-12-2002 (Register 2002, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-11-2003 or emergency language will be repealed by operation of law on the following day.
46. Amendment of subsection (b)(1) filed 12-12-2002 as an emergency; operative 12-12-2002 (Register 2002, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-11-2003 or emergency language will be repealed by operation of law on the following day.
47. Amendment of subsection (b)(2) filed 1-28-2003 as an emergency; operative 1-28-2003 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-28-2003 or emergency language will be repealed by operation of law on the following day.
48. Certificate of Compliance as to 12-12-2002 order transmitted to OAL 3-18-2003 and filed 4-1-2003 (Register 2003, No. 14).
49. Certificate of Compliance as to 11-1-2002 order transmitted to OAL 2-25-2003 and filed 4-7-2003 (Register 2003, No. 15).
50. Certificate of Compliance as to 12-12-2002 order transmitted to OAL 3-18-2003 and filed 4-21-2003 (Register 2003, No. 17).
51. Certificate of Compliance as to 1-28-2003 order transmitted to OAL 5-1-2003 and filed 6-3-2003 (Register 2003, No. 23).
52. Amendment of subsection (b)(1) filed 6-26-2003 as an emergency; operative 6-26-2003 (Register 2003, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-24-2003 or emergency language will be repealed by operation of law on the following day.
53. Repealer of subsection (b)(1) and subsection renumbering filed 7-24-2003 as an emergency; operative 7-24-2003 (Register 2003, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-21-2003 or emergency language will be repealed by operation of law on the following day.
54. Repealer of subsection (b)(1) filed 9-25-2003 as an emergency; operative 9-25-2003 (Register 2003, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-23-2004 or emergency language will be repealed by operation of law on the following day.
55. Certificate of Compliance as to 6-26-2003 order transmitted to OAL 10-7-2003 and filed 10-27-2003 (Register 2003, No. 44).
56. Certificate of Compliance as to 7-24-2003 order transmitted to OAL 11-13-2003 and filed 12-26-2003 (Register 2003, No. 52).
57. Certificate of Compliance as to 9-25-2003 order transmitted to OAL 1-14-2004 and filed 2-5-2004 (Register 2004, No. 6).
58. New subsection (b)(1) filed 11-16-2007 as an emergency; operative 11-16-2007 (Register 2007, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-14-2008 or emergency language will be repealed by operation of law on the following day.
59. Certificate of Compliance as to 11-16-2007 order transmitted to OAL 3-21-2008 and filed 5-2-2008 (Register 2008, No. 18).
60. Amendment of subsection (b) and repealer of subsection (b)(1) filed 7-22-2008 as an emergency; operative 7-22-2008 (Register 2008, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-20-2009 or emergency language will be repealed by operation of law on the following day.
61. New subsection (b)(1) filed 12-18-2008 as an emergency; operative 12-18-2008 (Register 2008, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-16-2009 or emergency language will be repealed by operation of law on the following day.
62. Certificate of Compliance as to 7-22-2008 order transmitted to OAL 11-25-2008 and filed 12-30-2008 (Register 2009, No. 1).
63. Reinstatement of section as it existed prior to 12-18-2008 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 18).
64. Amendment of subsection (b) and new subsections (b)(1)-(b)(7) filed 2-25-2014; operative 4-1-2014 (Register 2014, No. 9).
65. Amendment of subsections (c)(1)-(2) filed 10-26-2022; operative 1/1/2023 (Register 2022, No. 43).
66. Amendment of subsections (b)(4) and (b)(6) filed 10-23-2024; operative 1/1/2025 (Register 2024, No. 43).