Section 3436 - [Operative 1/1/2025] White Striped Fruit Fly Interior QuarantineA quarantine is established against the following pest, its hosts and possible carriers.
(a) Pest. White striped fruit fly, Bactrocera albistrigata.(b) 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 https://www.cdfa.ca.gov/plant/pdep/treatment/. An interested party may also go to the website https://public.govdelivery.com/accounts/CADFA/subscriber/new and elect to receive automatic notifications of any changes in quarantine areas through the list serve option.(1) An infestation is present when:(A) Either eggs, a larva, a pupa, a mated female or two or more adult White striped fruit fly of either sex are detected within three miles of each other and within one life cycle.(B) Satellite infestations. Notwithstanding (b)(4), detection of a single life stage of White striped 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.(2) The initial area under quarantine shall be a minimum of a 4.5-mile radius surrounding the 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.(3) 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 submitted to the Department's Legal Office at 1220 N Street, Suite 315, Sacramento, CA 95814 or emailed to CDFA.LegalOffice@cdfa.ca.gov no later than ten (10) working days following publication 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.(4) 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)(1).(5) The time determined for White striped fruit fly to complete three life cycles begins from the date of the most recent detection and is measured by a life cycle estimate. A life cycle estimate is an assessment of insect development based on a model derived from the temperatures recorded for each day at the time and in the area of an infestation. Daily minimum and maximum temperatures are used to produce an interpolated temperature curve over each 24-hour period and a calculation of how much time is above and below a base developmental (minimum) temperature needed for insect development. This information is used to estimate the time period necessary for the completion of one full lifecycle of White striped fruit fly under the specific local and temporal circumstances. The total amount of heat required to develop from one stage to another is calculated in units called degree-days. If the average temperature in 24 hours is one degree higher than the minimum temperature required for a particular pest, one degree-day's temperature is accumulated in the life cycle estimate. Accumulating degree-days is used to determine the generation time. For White striped fruit fly, the Department uses 1125 degree-days Fahrenheit as the length of one life cycle.(c) Articles and Commodities Covered. The following are declared to be hosts and possible carriers of white striped fruit fly.(1) All fruit, vegetables or berries of the plants listed in CCR 3591.23(b) White Striped Fruit Fly Eradication Area.(2) Soil within the drip area of plants producing, or which have produced fruit or berries as listed in (c)(1) above.(3) Any other product, article, or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of white striped fruit fly and the person in possession thereof has been so notified.(d) Restrictions. (1) At the wholesale level, articles and commodities covered in Section (c) are prohibited movement within or from the area under quarantine except as provided in (A) or (B) below: (A) If the article or commodity has been treated in a manner approved by the department to eliminate white striped fruit fly, is transported in a manner to preclude exposure to white striped fruit fly, and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming compliance with this subsection; or,(B) The article or commodity is moving for treatment for white striped fruit fly or processing and in a manner approved by the department to preclude exposure to white striped fruit fly and is accompanied by a written certificate issued by an authorized State or county agricultural official affirming such movement has been authorized under this subsection.(2) At the wholesale level, articles and commodities covered in Section (c) 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 compliance with (A), (B) or (C) below:(A) If the article or commodity is moving directly through the area under quarantine without delay and by a direct route in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the white striped fruit fly while enroute through the area; or,(B) The article or commodity is destined to a wholesale or retail establishment within the quarantined area and, if moving between 9 a.m. and sunset, is transported in an enclosed vehicle or container or completely enclosed by a covering to prevent exposure to the white striped fruit fly; or(C) The article or 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 department 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 department to preclude exposure to white striped 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, § 3436
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code.
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code.
1. New section filed 7-31-2009 as an emergency; operative 7-31-2009 (Register 2009, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-27-2010 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-19-2010 as an emergency; operative 1-19-2010 (Register 2010, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-19-2010 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-19-2010 order, including amendment of subsections (c)(3) and (d)(2)(B), transmitted to OAL 2-23-2010 and filed 3-24-2010 (Register 2010, No. 13).
4. Repealer and reservation of subsection (b)(1) filed 3-9-2012; operative 3-9-2012 pursuant to Government Code section 11343.4(Register 2012, No. 10).
5. Amendment of subsection (c)(1) filed 4-25-2024; operative 7/1/2024 (Register 2024, No. 17).
6. Amendment of section heading and new subsections (b)-(b)(5) filed 11-21-2024; operative 1/1/2025 (Register 2024, No. 47).