Cal. Code Regs. tit. 3 § 3423

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

Section 3423 - [Operative 1/1/2025] Oriental Fruit Fly Interior Quarantine (Quarantine Regulation 28)

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

(a) Pest. Oriental fruit fly (Bactrocera dorsalis).

(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/off/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) An infestation is present when:

(A) In urban areas either eggs, a larva, a pupa, a mated female or eight or more adult Oriental fruit flies of either sex are detected within three miles of each other and within one life cycle and all detections shall be more than 4.5 miles from any commercial host production area; or

(B) In rural or commercial host production areas either eggs, a larva, a pupa, a mated female or six or more adult Oriental fruit flies of either sex are detected within three miles of each other and within one life cycle; or

(C) Satellite infestations: Notwithstanding (b)(5), a detection of a single life stage of Oriental 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.

(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) 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.

(5) 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)(A) or (B).

(6) 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 Oriental 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 Oriental fruit fly the Department uses the lifecycle model with 47.1 ° Fahrenheit base developmental temperature and 1125 degree days Fahrenheit per generation.

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

(1) All fruit of the plants listed in CCR 3591.2(b) Oriental Fruit Fly Eradication Area.

(2) Any other product, article, or means of conveyance when it is determined by the director or county agricultural commissioner to present a hazard of spreading live Oriental fruit fly and the person in possession thereof has been so notified.

(d) Restrictions.

(1) At 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 Oriental fruit fly in a manner approved by the director, is transported in a manner approved by the director to preclude exposure to Oriental fruit fly, and is accompanied by a certificate, verifying compliance with above requirements, issued by the director or county agricultural commissioner; or,

(B) The commodity is moving for treatment for Oriental fruit fly or processing and in a manner approved by the director to preclude exposure to Oriental 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 Oriental fruit fly; or,

(B) The commodity is destined to a wholesale or retail establishment and, if moving between 9:00 a.m. and sunset, is transported in an enclosed vehicle or completely enclosed by a covering to prevent exposure to Oriental 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 Oriental fruit fly.

Cal. Code Regs. Tit. 3, § 3423

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

1. New subsection (b)(4) filed 10-5-87 as an emergency; operative 10-5-87 (Register 87, No. 41). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-2-88. For prior history, see Register 87, No. 33.
2. New subsection (b)(5) filed 8-1-89 as an emergency; operative 8-1-89 (Register 89, No. 31). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 11-29-89.
3. New subsection (b)(6) filed 9-12-89 as an emergency; operative 9-12-89 (Register 89, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 1-10-90.
4. New subsection (b)(7) filed 10-16-89 as an emergency; operative 10-16-89 (Register 89, No. 43). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 2-13-90.
5. Reinstatement of subsection (b)(1) as it existed prior to emergency amendment filed 7-7-87 by operation of Government Code section 11346.1(f) (Register 89, No. 51).
6. Subsection (b)(3) filed as an emergency 7-22-87 repealed by operation of Government Code section 11346.1(g) (Register 89, No. 51).
7. Repealer of subsection (b)(5) by operation of Government Code section 11346.1 effective 11-29-89 (Register 90, No. 5).
8. Certificate of Compliance as to 10-16-89 order transmitted to OAL 2-13-90 and filed 3-14-90 (Register 90, No. 11).
9. New subsection (b)(5) filed 8-6-90 as an emergency; operative 8-6-90 (Register 90, No. 39). A Certificate of Compliance must be transmitted to OAL by 12-4-90 or emergency language will be repealed by operation of law on the following day.
10. Reinstatement of subsection (b) as it existed prior to 8-6-90 emergency amendment filed 5-21-91 by operation of Government Code section 11346.1(f) 120 days from effective date (Register 91, No. 41).
11. New subsection (b)(3) filed 10-11-91 as an emergency; operative 10-11-91 (Register 91, No. 51). A Certificate of Compliance must be transmitted to OAL 2-10-92 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 10-11-91 order transmitted to OAL 1-22-92 and filed 2-20-92 (Register 92, No. 12).
13. Repealer of subsections (b)(1)-(6) and new subsection (b)(1) filed 12-15-92 as an emergency; operative 12-15-92 (Register 92, No. 51). A Certificate of Compliance must be transmitted to OAL 4-14-93 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 12-15-92 order transmitted to OAL 4-14-93 and filed 4-28-93 (Register 93, No. 18).
15. Repealer and new subsection (b)(1) filed 9-16-93 as an emergency; operative 9-16-93 (Register 93, No. 38). A Certificate of Compliance must be transmitted to OAL 1-14-94 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 9-16-93 order transmitted to OAL 1-6-94 and filed 1-12-94 (Register 94, No. 2).
17. Repealer of subsection (b)(1) filed 6-28-94 as an emergency; operative 6-28-94 (Register 94, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-26-94 or emergency language will be repealed by operation of law on the following day.
18. New subsection (b)(1) filed 10-25-94 as an emergency; operative 10-25-94 (Register 94, No. 43). A Certificate of Compliance must be transmitted to OAL by 3-6-95 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 6-28-94 order transmitted to OAL 10-12-94 and filed 11-8-94 (Register 94, No. 45).
20. Certificate of Compliance as to 10-25-94 order transmitted to OAL 2-21-95 and filed 3-16-95 (Register 95, No. 11).
21. Repealer and new subsection (b)(1) filed 7-30-97 as an emergency; operative 7-30-97 (Register 97, No. 31). A Certificate of Compliance must be transmitted to OAL by 12-1-97 or emergency language will be repealed by operation of law on the following day.
22. New subsection (b)(2) filed 8-27-97 as an emergency; operative 8-27-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.
23. Amendment of subsection (b)(2) filed 9-19-97 as an emergency; operative 9-19-97 (Register 97, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-20-98 or emergency language will be repealed by operation of law on the following day.
24. Certificate of Compliance as to 7-30-97 order transmitted to OAL 11-18-97 and filed 12-2-97 (Register 97, No. 49).
25. Certificate of Compliance as to 9-19-97 order transmitted to OAL 12-18-97 and filed 12-31-97 (Register 98, No. 1).
26. Certificate of Compliance as to 8-27-97 order transmitted to OAL 12-18-97 and filed 1-5-98 (Register 98, No. 2).
27. Repealer of subsection (b)(1) and subsection renumbering filed 2-11-98 as an emergency; operative 2-11-98 (Register 98, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-11-98 or emergency language will be repealed by operation of law on the following day.
28. Repealer of subsection (b)(1) filed 3-30-98 as an emergency; operative 3-30-98 (Register 98, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-28-98 or emergency language will be repealed by operation of law on the following day.
29. Certificate of Compliance as to 2-11-98 order transmitted to OAL 5-6-98 and filed 5-27-98 (Register 98, No. 22).
30. Certificate of Compliance as to 3-30-98 order transmitted to OAL 7-7-98 and filed 8-13-98 (Register 98, No. 33).
31. New subsection (b)(1) filed 9-2-99 as an emergency; operative 9-2-99 (Register 99, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-31-99 or emergency language will be repealed by operation of law on the following day.
32. Certificate of Compliance as to 9-2-99 order, including further amendment of subsection (b)(1), transmitted to OAL 12-31-99 and filed 2-1-2000 (Register 2000, No. 5).
33. Repealer of subsection (b)(1) filed 3-14-2000 as an emergency; operative 3-14-2000 (Register 2000, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-12-2000 or emergency language will be repealed by operation of law on the following day.
34. Certificate of Compliance as to 3-14-2000 order transmitted to OAL 7-11-2000 and filed 7-25-2000 (Register 2000, No. 30).
35. New subsection (b)(1) filed 8-7-2001 as an emergency; operative 8-7-2001 (Register 2001, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-5-2001 or emergency language will be repealed by operation of law on the following day.
36. New subsection (b)(2) filed 10-4-2001 as an emergency; operative 10-4-2001 (Register 2001, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-1-2002 or emergency language will be repealed by operation of law on the following day.
37. Certificate of Compliance as to 8-7-2001 order transmitted to OAL 12-4-2001 and filed 1-14-2002 (Register 2002, No. 3).
38. Certificate of Compliance as to 10-4-2001 emergency transmitted to OAL 2-1-2002 and filed 3-12-2002 (Register 2002, No. 11).
39. Repealer of subsection (b)(2) filed 3-12-2002 as an emergency; operative 3-12-2002 (Register 2002, No. 11). A Certificate of Compliance must be transmitted to OAL by 7-10-2002 or emergency language will be repealed by operation of law on the following day.
40. Repealer of subsection (b)(1) filed 4-12-2002 as an emergency; operative 4-12-2002 (Register 2002, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-12-2002 or emergency language will be repealed by operation of law on the following day.
41. Certificate of Compliance as to 3-12-2002 order transmitted to OAL 7-2-2002 and filed 7-25-2002 (Register 2002, No. 30).
42. Certificate of Compliance as to 4-12-2002 order transmitted to OAL 7-2-2002 and filed 8-13-2002 (Register 2002, No. 33).
43. New subsection (b)(1) filed 8-30-2002 as an emergency; operative 8-30-2002 (Register 2002, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-30-2002 or emergency language will be repealed by operation of law on the following day.
44. New subsection (b)(2) filed 12-2-2002 as an emergency; operative 12-2-2002 (Register 2002, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-1-2003 or emergency language will be repealed by operation of law on the following day.
45. Repealer of subsection (b)(1) and subsection renumbering 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. Certificate of Compliance as to 12-2-2002 order transmitted to OAL 3-7-2003 and filed 4-15-2003 (Register 2003, No. 16).
47. Certificate of Compliance as to 12-12-2003 order transmitted to OAL 3-18-2003 and filed 4-21-2003 (Register 2003, No. 17).
48. Repealer of subsection (b)(1) filed 6-12-2003 as an emergency; operative 6-12-2003 (Register 2003, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-10-2003 or emergency language will be repealed by operation of law on the following day.
49. Certificate of Compliance as to 6-12-2003 order transmitted to OAL 9-16-2003 and filed 10-14-2003 (Register 2003, No. 42).
50. New subsection (b)(1) filed 10-27-2003 as an emergency; operative 10-27-2003 (Register 2003, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-24-2004 or emergency language will be repealed by operation of law on the following day.
51. Certificate of Compliance as to 10-27-2003 order transmitted to OAL 2-24-2004 and filed 3-23-2004 (Register 2004, No. 13).
52. Repealer of subsection (b)(1) filed 5-27-2004 as an emergency; operative 5-27-2004 (Register 2004, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-24-2004 or emergency language will be repealed by operation of law on the following day.
53. New subsection (b)(1) filed 7-9-2004 as an emergency; operative 7-9-2004 (Register 2004, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-8-2004 or emergency language will be repealed by operation of law on the following day.
54. New subsection (b)(2) filed 9-8-2004 as an emergency; operative 9-8-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-6-2005 or emergency language will be repealed by operation of law on the following day.
55. Certificate of Compliance as to 5-27-2004 order transmitted to OAL 9-3-2004 and filed 10-14-2004 (Register 2004, No. 42).
56. Certificate of Compliance as to 7-9-2004 order transmitted to OAL 10-19-2004 and filed 11-29-2004 (Register 2004, No. 49).
57. Reinstatement of section as it existed prior to 9-8-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 3).
58. Repealer of subsection (b)(1) filed 2-23-2005 as an emergency; operative 2-23-2005 (Register 2005, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-23-2005 or emergency language will be repealed by operation of law on the following day.
59. Certificate of Compliance as to 2-23-2005 order transmitted to OAL 5-31-2005 and filed 7-11-2005 (Register 2005, No. 28).
60. New subsection (b)(1) filed 9-8-2006 as an emergency; operative 9-8-2006 (Register 2006, No. 36). A Certificate of Compliance must be transmitted to OAL by 1-8-2007 or emergency language will be repealed by operation of law on the following day.
61. New subsection (b)(2) filed 11-13-2006 as an emergency; operative 11-13-2006 (Register 2006, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-13-2007 or emergency language will be repealed by operation of law on the following day.
62. Repealer of subsection (b)(1) and subsection renumbering filed 12-20-2006 as an emergency; operative 12-20-2006 (Register 2006, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-19-2007 or emergency language will be repealed by operation of law on the following day.
63. Certificate of Compliance as to 9-8-2006 order transmitted to OAL 12-29-2006 and filed 1-18-2007 (Register 2007, No. 3).
64. Certificate of Compliance as to 11-13-2006 order transmitted to OAL 2-20-2007 and filed 3-7-2007 (Register 2007, No. 10).
65. Repealer and reservation of subsection (b)(1) filed 7-20-2007 as an emergency; operative 7-20-2007 (Register 2007, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-16-2008 or emergency language will be repealed by operation of law on the following day.
66. Certificate of Compliance as to 7-20-2007 order, including further amendment of subsection (b)(1) [Reserved], transmitted to OAL 12-6-2007 and filed 1-18-2008 (Register 2008, No. 3).
67. New subsection (b)(1) filed 8-25-2008 as an emergency; operative 8-25-2008 (Register 2008, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2009 or emergency language will be repealed by operation of law on the following day.
68. Amendment of subsection (b)(1) filed 10-14-2008 as an emergency; operative 10-14-2008 (Register 2008, No. 42). A Certificate of Compliance must be transmitted to OAL by 4-13-2009 or emergency language will be repealed by operation of law on the following day.
69. Amendment of subsection (b)(1) filed 10-17-2008 as an emergency; operative 10-17-2008 (Register 2008, No. 42). A Certificate of Compliance must be transmitted to OAL by 4-15-2009 or emergency language will be repealed by operation of law on the following day.
70. Certificate of Compliance as to 8-25-2008, 10-14-2008 and 10-17-2008 orders transmitted to OAL 2-18-2009 and filed 3-23-2009 (Register 2009, No. 13).
71. Repealer and reservation of subsection (b)(1) filed 7-2-2009 as an emergency; operative 7-2-2009 (Register 2009, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-29-2009 or emergency language will be repealed by operation of law on the following day.
72. New subsection (b)(1) filed 8-4-2009 as an emergency; operative 8-4-2009 (Register 2009, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2010 or emergency language will be repealed by operation of law on the following day.
73. Readoption of 7-2-2009 emergency order filed 12-29-2009 as an emergency; operative 12-29-2009 (Register 2010, No. 1). A Certificate of Compliance must be transmitted to OAL by 3-29-2010 or emergency language will be repealed by operation of law on the following day.
74. Certificate of Compliance as to 12-29-2009 order transmitted to OAL 1-19-2010 and filed 3-3-2010 (Register 2010, No. 10).
75. Reinstatement of subsection (b)(1) as it existed prior to 8-4-2009 emergency amendment by operation of Government Code section 11346.1(f) (Register 2010, No. 12).
76. New subsection (b)(1) filed 3-17-2010; operative 3-17-2010 pursuant to Government Code section 11343.4(c) (Register 2010, No. 12).
77. Repealer of subsection (b)(1) filed 5-4-2010 as an emergency; operative 5-4-2010 (Register 2010, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-1-2010 or emergency language will be repealed by operation of law on the following day.
78. Amendment of subsection (b) filed 6-30-2010 as an emergency; operative 6-30-2010 (Register 2010, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-2010 or emergency language will be repealed by operation of law on the following day.
79. Amendment adding new subsection (b)(1) and redesignating a portion of subsection (b) as subsection (b)(2) filed 8-5-2010 as an emergency; operative 8-5-2010 (Register 2010, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-1-2011 or emergency language will be repealed by operation of law on the following day.
80. Certificate of Compliance as to 5-4-2010 order transmitted to OAL 7-20-2010 and filed 8-19-2010 (Register 2010, No. 34).
81. Repeal of 6-30-2010 emergency amendment by operation of Government Code section 11346.1(f) (Register 2011, No. 6).
82. Certificate of Compliance as to 8-5-2010 order transmitted to OAL 12-31-2010 and filed 2-10-2011 (Register 2011, No. 6).
83. Amendment of subsection (a), new subsection (b)(2) and amendment of subsection (c)(1) filed 9-19-2011 as an emergency; operative 9-19-2011 (Register 2011, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2012 or emergency language will be repealed by operation of law on the following day.
84. Repealer of subsection (b)(1) and subsection renumbering filed 10-10-2011; operative 11-9-2011 (Register 2011, No. 41).
85. New subsection (b)(1), subsection renumbering and amendment of newly designated subsection (b)(3) filed 10-19-2011 as an emergency; operative 10-19-2011 (Register 2011, No. 42). A Certificate of Compliance must be transmitted to OAL by 4-16-2012 or emergency language will be repealed by operation of law on the following day.
86. Editorial correction of History 85 (Register 2012, No. 5).
87. Certificate of Compliance as to the 9-19-2011 order and as to the amendment of subsection (b)(3) in the 10-19-2011 order, including further amendment, transmitted to OAL 1-3-2011 and filed 2-2-2012 (Register 2012, No. 5).
88. Certificate of Compliance as to 10-19-2011 order transmitted to OAL 4-10-2012 and filed 5-1-2012 (Register 2012, No. 18).
89. Amendment of subsection (b)(2) filed 8-9-2013 as an emergency; operative 8-9-2013 (Register 2013, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-5-2014 or emergency language will be repealed by operation of law on the following day.
90. New subsection (b)(1) [formerly reserved], repealer and new subsection (b)(2), new subsections (b)(2)A.-C., repealer and new subsection (b)(3) and new subsections (b)(4)-(6) filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).
91. Certificate of Compliance as to 8-9-2013 order transmitted to OAL 2-4-2014 and filed 3-18-2014 (Register 2014, No. 12).
92. Amendment of subsection (c)(1) filed 1-12-2024; operative 4/1/2024 (Register 2024, No. 2).
93. Redesignation of former subsections (b)(2)A.-C. to subsections (b)(2)(A)-(C) and amendment of subsections (b)(2)(C) and (b)(5) filed 10-23-2024; operative 1/1/2025 (Register 2024, No. 43).