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§ 3439. Huanglongbing Disease Interior Quarantine.

3 CA ADC § 3439BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 3. Food and Agriculture
Division 4. Plant Industry
Chapter 3. Entomology and Plant Quarantine
Subchapter 4. Plant Quarantine
Article 4. Interior Quarantine (Regulations) (Refs & Annos)
3 CCR § 3439
§ 3439. Huanglongbing Disease Interior Quarantine.
A quarantine is established against the following pest, its hosts and possible carriers.
(a) Pest. Huanglongbing (HLB) disease (HLB associated bacteria Candidatus Liberibacter asiaticus).
(b) Area Under Quarantine.
(1) An area shall be designated as under quarantine when all of the following criteria exist:
(A) Survey results indicate an HLB infestation is present. An infestation of HLB disease is present when a single host plant tests positive for the disease organism.
(B) The Department has defined the infested area. The initial area under quarantine shall be a minimum of a 5 mile radius surrounding the site of the plant that contains an HLB infestation. Commercial host properties shall not be split by the quarantine boundary line and the boundary line shall be expanded beyond the 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, and city, county, state, park and forest boundary lines are used first, and if there are no acceptable features such as these then imaginary lines will be used with a beginning point and end point given as end or beginning or intersection of features or latitude and longitude.
(C) The local California County Agricultural Commissioner(s) is notified and requests the quarantine area be established.
(2) The Department shall 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/regs_ hlb.html. An interested party may go to the above website and elect to receive automatic notifications of any changes in quarantine areas through the list serve option.
(3) Satellite infestations. A detection of HLB disease within any established quarantine area may be considered a satellite infestation and may be used as the epicenter for an additional 5 mile radius surrounding the detection that modifies the border of the quarantine area.
(4) Any interested party or local entity may appeal an area quarantine designation by submission to the Department of a written request for review of the designation accompanied by clear and convincing evidence that the quarantine expansion does not meet the criteria specified to change the quarantine boundaries. The appeal must be submitted 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.
(c) Articles and Commodities Covered.
(1) The following are declared to be hosts and possible carriers of the disease HLB and ACP or ACP; all plants, plant parts (except fruit free from all leaves and stems) and propagative seed of:
Aeglopsis chevalieri (Chevalier's aeglopsis)
Aegle marmelos (bael, Bengal quince, golden apple, bela, milva)*
Afraegle gabonensis (Gabon powder-flask)*
Afraegle paniculata (Nigerian powder-flask)*
Amyris madrensis (mountain torchwood)*
Atalantia missionis (=Pamburus missionis)*
Atalantia monophyl/a (Indian atalantia)*
Atalantia spp.*
Balsamocitrus dawei (Uganda powder-flask)
Bergera (=Murraya) koenigii (curry leaf)
Calodendrum capense (Cape Chestnut)
Choisya arizonica (Arizonia orange)*
Choisya ternate (Mexican or mock orange)*
X Citroncirus webberi (citrange)
Citropsis articulata (Katimboro, Muboro, West African cherry orange)*
Citropsis gilletiana (cherry-orange)*
Citropsis schweinfurthii (African cherry-orange)*
Citrus aurantiifolia (lime, Key lime, Persian lime, lima, limón agrio, limón ceutí, lima mejicana, limero)
Citrus aurantium (sour orange, Seville orange, bigarde, marmalade orange, naranja agria, naranja amarga)
Citrus hystrix (Mauritius papeda, Kaffir lime)
Citrus jambhiri (rough lemon, jambhiri.orange, limon rugoso, rugoso)
Citrus limon (lemon, limón, limonero)
Citrus madurensis (=X Citrofortunella microcarpa) (calamondin)
Citrus maxima (pummelo, pomelo, shaddock, pompelmous, toronja)
Citrus medica (citron, cidra, cidro, toronja)
Citrus meyeri (Meyer lemon, dwarf lemon)
Citrus x nobilis (king mandarin, tangor, Florida orange, King-of-Siam)
Citrus x paradisi (grapefruit, pamela, toronja)
Citrus reticulata (mandarin, tangerine, mandarina)
Citrus sinensis (sweet orange, orange, naranja, naranja dulce)
Citrus spp,
Clausena anisum-olens (anis)*
Clausena excavata (clausena)*
Clausena indica (clausena)
C.lansium (wampi, wampee)
Clymenia polyandra (a-mulis)*
Eremocitrus glauca (Australian desert lime)*
Eremocitrus hybrid*
Esenbeckia berlandieri (Berlandier's jopoy)*
Fortunella crassifolia (Meiwa kumquat)
Fortunella margarita (Nagami kumquat, oval kumquat)
Fortunella polyandra (Malayan kumquat)
Fortunella spp.
Limonia acidissima (Indian wood apple)
Merrillia caloxylon (flowering merrillia)*
Microcitrus australasica (finger-lime)
Microcitrus australis (Australian round-lime)*
Microcitrus papuana (desert-lime)*
X Microcitronella spp.*
Murraya spp. (curry leaf, orange-jasmine, Chinese-box, naranjo jazmin)
Naringi crenulata (naringi)*
Pamburus missionis (pamburus, =Atalantia missionis)*
Poncirus trifoliata (trifoliate orange, naranjo trebol)
Severinia buxifolia (Chinese box-orange)
Swinglea glutinosa (tabog)
Tetradium ruticarpum (evodia, wu zhu yu)*
Toddalia asiatica (orange climber)*
Triphasia trifolia (trifoliate limeberry, triphasia)
Vepris (= Toddalia) lanceolata. (white ironwood)
Zanthoxylum fagara (wild lime, lime prickly-ash)*
*Not a known host for HLB and propagative seeds of species denoted with an asterisk are not regulated.
(2) Any other articles or commodities which are infested or exposed to infestation by ACP or HLB.
(3) Possible carriers shall include all appliances used in the growing, harvesting, processing and hauling of the host plants and plant parts and any green waste residues including but not limited to tractors, trailers, trucks, planting, picking and pruning equipment and processing machinery and any other article, thing 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 the ACP or HLB and the person in possession thereof has been so notified.
(4) Exemptions. The following articles are exempt from the provisions of this subsection:
Dying or dead plant material (green waste) that has been processed or handled or treated in a manner approved by the Secretary to eliminate live life stages of the ACP and is moved directly to a city or county sanitary landfill or State licensed compost facility within the quarantine area.
(d) Restrictions.
(1) Articles and commodities covered in subsection (c)(1) are prohibited movement from the area under quarantine unless they meet the requirements outlined in Title 7, CFR, Part 301, Subpart-Citrus Greening and Asian Citrus Psyllid.
(2) Articles and commodities covered in subsection (c)(1) are prohibited movement within the area under quarantine except as provided in (A) or (B) below:
(A) Produced and continuously maintained in a departmentally approved insect-resistant structure under the terms of a compliance agreement with the Department or agricultural commissioner's office. The compliance agreement shall include a plan developed by the participant and approved by the Department that meets all of the following requirements:
1. Proper utilization of entryways.
2. Procedures which are sufficient to prevent entry or spread of HLB and ACP.
3. A structural inspection schedule that is sufficient to ensure the integrity of the structure is maintained.
4. Response to structural breach.
5. Appropriate nursery personnel are trained in pest identification and plant inspection techniques.
6. Proper use of Department supplied traps.
(B) Certified as meeting the restrictions of (d)(1).
(3) Articles and commodities covered in subsection (c)(1) produced outside the area under quarantine may move within and transit the area under quarantine by direct route and without delay in vehicles or containers which prevent exposure to infestation of the article or commodity to ACP/HLB while en route. Nursery stock shall be delivered directly to:
(A) Be planted at the delivery site within 48 hours; or
(B) A structure meeting the requirements of subsections (d)(1) or (d)(2)(A).
(4) Regulated nursery stock meeting the requirements of subsection (d)(2) shall bear a label stating that it is prohibited from moving outside the area under quarantine.
(5) The articles and commodities covered in subsections (c)(2) are prohibited movement within or from the area under quarantine except if accompanied by a certificate issued by an authorized agricultural official affirming that the articles and commodities have been treated in a manner approved by the Department and is apparently free from ACP.
(6) Articles and commodities covered in subsection (c)(3) are prohibited movement within or from the area under quarantine except if cleaned and/or treated in a manner to eliminate all live life stages of ACP to the satisfaction of the Department or county agricultural commissioner.
(e) Enforcement
(1) If ACP is detected in a departmentally approved insect-resistant structure (facility):
(A) No further shipments under this section will be allowed from the facility until the Department provides authorization.
(B) If compartmentalization of the facility exists, the Department will complete a risk assessment, based upon accepted scientifically sound principles, to determine regulatory response, and all articles and commodities covered under subsection (c)(1) will be prohibited from movement out of the facility until completion of the risk assessment.
(C) If compartmentalization does not exist:
1. The Department will complete a risk assessment, based upon accepted scientifically sound principles, to determine the regulatory response and all articles and commodities covered under subsection (c)(1) will be prohibited from movement out of the facility until completion of the risk assessment. Unless otherwise indicated based on results of the risk assessment, all articles and commodities covered under subsection (c)(1) which are a host of HLB must be held in the facility and inspected and tested for the presence of HLB with negative results every six (6) months for up to two years prior to release for movement; or
2. All articles and commodities covered under subsection (c) in the facility are prohibited from movement. All articles and commodities covered under subsection (c)(1) which are a host of HLB must be removed from the facility under supervision of the Department and destroyed and the facility would be required to undergo Department approved treatment measures before any additional plant material eligible for movement under this section is allowed movement from or entry into the facility.
(2) If HLB is detected in an departmentally approved insect-resistant structure (facility) no further shipments under this section will be allowed from the facility until the Department provides authorization.
(A) If compartmentalization of the facility exists, the Department will complete a risk assessment, based upon accepted scientifically sound principles, to determine regulatory response.
(B) If compartmentalization does not exist, all articles and commodities covered under subsection (c)(1) in the facility are prohibited from movement. All articles and commodities covered under subsection (c)(1) which are a host of HLB must be removed from the facility and the facility will be required to undergo approved treatment measures before any additional plant material eligible for movement under this section is allowed to move from or entry into the facility.
(3) For movement within the area under quarantine a compartmentalized facility is a facility that is divided into distinct compartments and which has been determined by the Department inspector to be of adequate design and construction to ensure pest-freedom from ACP of any compartment where plants for movement are grown. For movement outside the area under quarantine a compartmentalized facility is a facility meeting the requirements outlined in Title 7, CFR, Part 301, Subpart-Citrus Greening and Asian Citrus Psyllid.
(f) Standards of Cleanliness
Any nursery stock of subsection (c)(1) within the area under quarantine which does not meet the requirements of subsection (d) Restrictions cannot be maintained free from HLB and does not meet the California Code Regulations, Title 3, Section 3060.2, Standards of Cleanliness, and is declared a public nuisance under California Code of Regulations, Title 3, Section 3639, HLB Eradication Area.
Note: Authority cited: Sections 407, 5301, 5302, 5322 and 5705, Food and Agricultural Code. Reference: Sections 407, 5301, 5302, 5322 and 5705, Food and Agricultural Code.
HISTORY
1. New section filed 4-3-2012 as an emergency; operative 4-3-2012 (Register 2012, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2012 or emergency language will be repealed by operation of law on the following day.
2. Amendment of subsections (c)(1), (c)(2) and (d)(3) filed 4-16-2012 as an emergency; operative 4-16-2012 (Register 2012, No. 16). A Certificate of Compliance must be transmitted to OAL by 10-15-2012 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-3-2012 order, including amendments, transmitted to OAL 9-24-2012 and filed 10-23-2012 (Register 2012, No. 43).
4. Notice of expiration and deletion of 4-16-2012 emergency amendment by operation of Government Code section 11346.1(f) (Register 2012, No. 44).
5. Amendment of subsection (b) filed 7-21-2015 as an emergency; operative 7-21-2015 (Register 2015, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-19-2016 or emergency language will be repealed by operation of law on the following day.
6. Reinstatement of section as it existed prior to 7-21-2015 emergency amendment by operation of Government Code section 11346.1(f) (Register 2016, No. 8).
7. Amendment of subsection (b) refiled 2-17-2016 as an emergency; operative 2-17-2016 (Register 2016, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-17-2016 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 2-17-2016 order transmitted to OAL 4-25-2016 and filed 6-2-2016 (Register 2016, No. 23).
9. New subsection (b)(1), redesignation and amendment of a portion of former subsection (b) as subsection (b)(1)(A) and new subsection (b)(1)(B) filed 1-19-2017 as an emergency; operative 1-19-2017 (Register 2017, No. 3). A Certificate of Compliance must be transmitted to OAL by 7-18-2017 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (b)(1)(A) and repealer of subsection (b)(1)(B) filed 5-8-2017 as an emergency; operative 5-8-2017 (Register 2017, No. 19). A Certificate of Compliance must be transmitted to OAL by 11-6-2017 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (b)(1)(A) filed 5-30-2017 as an emergency; operative 5-30-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 11-27-2017 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection (b)(1)(A) (Los Angeles County) filed 7-6-2017 as an emergency; operative 7-6-2017 (Register 2017, No. 27). A Certificate of Compliance must be transmitted to OAL by 1-3-2018 or emergency language will be repealed by operation of law on the following day.
13. Amendment of subsection (b)(1)(A) (Orange County) filed 7-6-2017 as an emergency; operative 7-6-2017 (Register 2017, No. 27). A Certificate of Compliance must be transmitted to OAL by 1-3-2018 or emergency language will be repealed by operation of law on the following day.
14. Amendment of subsection (b)(1)(A) filed 7-26-2017 as an emergency; operative 7-26-2017 (Register 2017, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-22-2018 or emergency language will be repealed by operation of law on the following day.
15. Amendment of subsection (b)(1)(A) filed 8-11-2017 as an emergency; operative 8-11-2017 (Register 2017, No. 32). A Certificate of Compliance must be transmitted to OAL by 2-7-2018 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 1-19-2017 order transmitted to OAL 7-7-2017 and filed 8-16-2017 (Register 2017, No. 33).
17. New subsection (b)(2) filed 8-22-2017 as an emergency; operative 8-22-2017 (Register 2017, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-20-2018 or emergency language will be repealed by operation of law on the following day.
18. Amendment of subsection (b)(1)(A) filed 8-31-2017 as an emergency; operative 8-31-2017 (Register 2017, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-27-2018 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (b)(1) and repealer of subsection (b)(1)(B) refiled 9-14-2017 as an emergency; operative 11-6-2017 (Register 2017, No. 37). A Certificate of Compliance must be transmitted to OAL by 2-5-2018 or emergency language will be repealed by operation of law on the following day.
20. Amendment of subsection (b)(1)(A) filed 9-28-2017 as an emergency; operative 9-28-2017 (Register 2017, No. 39). A Certificate of Compliance must be transmitted to OAL by 3-27-2018 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (b)(1)(A) filed 10-16-2017 as an emergency; operative 10-16-2017 (Register 2017, No. 42). A Certificate of Compliance must be transmitted to OAL by 4-16-2018 or emergency language will be repealed by operation of law on the following day.
22. Amendment of subsection (b)(1)(A) filed 12-7-2017 as an emergency; operative 12-7-2017 (Register 2017, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-5-2018 or emergency language will be repealed by operation of law on the following day.
23. Certificate of Compliance as to 5-30-2017 order transmitted to OAL 11-17-2017 and filed 12-11-2017 (Register 2017, No. 50).
24. Amendment of subsection (b)(1)(A) filed 12-15-2017 as an emergency; operative 12-15-2017 (Register 2017, No. 50). A Certificate of Compliance must be transmitted to OAL by 6-13-2018 or emergency language will be repealed by operation of law on the following day.
25. Certificate of Compliance as to 9-14-2017 order transmitted to OAL 11-14-2017 and filed 12-21-2017 (Register 2017, No. 51).
26. Editorial correction of subsection (b)(2) (Register 2018, No. 3).
27. Certificate of Compliance as to 7-26-2017 order transmitted to OAL 11-30-2017 and filed 1-16-2018 (Register 2018, No. 3).
28. Certificate of Compliance as to 8-22-2017 order transmitted to OAL 12-13-2017 and filed 1-16-2018 (Register 2018, No. 3).
29. Certificate of Compliance as to 7-6-2017 order transmitted to OAL 12-6-2017 and filed 1-18-2018 (Register 2018, No. 3).
30. Certificate of Compliance as to 7-6-2017 order (Orange County) transmitted to OAL 12-6-2017 and filed 1-22-2018 (Register 2018, No. 4).
31. Certificate of Compliance as to 8-11-2017 order transmitted to OAL 12-13-2017 and filed 1-29-2018 (Register 2018, No. 5).
32. Certificate of Compliance as to 8-31-2017 order transmitted to OAL 12-13-2017 and filed 1-29-2018 (Register 2018, No. 5).
33. Amendment of subsection (b)(1)(A) filed 2-16-2018 as an emergency; operative 2-16-2018 (Register 2018, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-15-2018 or emergency language will be repealed by operation of law on the following day.
34. Amendment of subsection (b)(1)(A) filed 2-27-2018 as an emergency; operative 2-27-2018 (Register 2018, No. 9). A Certificate of Compliance must be transmitted to OAL by 8-27-2018 or emergency language will be repealed by operation of law on the following day.
35. Certificate of Compliance as to 10-16-2017 order transmitted to OAL 2-21-2018 and filed 3-26-2018 (Register 2018, No. 13).
36. Certificate of Compliance as to 9-28-2017 order transmitted to OAL 2-21-2018 and filed 3-27-2018 (Register 2018, No. 13).
37. Amendment of subsection (b)(1)(A) filed 4-30-2018 as an emergency; operative 4-30-2018 (Register 2018, No. 18). A Certificate of Compliance must be transmitted to OAL by 10-29-2018 or emergency language will be repealed by operation of law on the following day.
38. Amendment of subsection (b)(1)(A) filed 5-18-2018 as an emergency; operative 5-18-2018 (Register 2018, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-14-2018 or emergency language will be repealed by operation of law on the following day.
39. Amendment of subsection (a), repealer of subsections (b)(1)-(2) and new subsections (b)(1)-(4) filed 5-24-2018 as an emergency; operative 5-24-2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-20-2018 or emergency language will be repealed by operation of law on the following day.
40. Certificate of Compliance as to 12-7-2017 order transmitted to OAL 5-2-2018 and filed 5-30-2018 (Register 2018, No. 22).
41. Certificate of Compliance as to 12-15-2017 order transmitted to OAL 5-9-2018 and filed 6-21-2018 (Register 2018, No. 25).
42. Notice of repeal and deletion of 2-27-2018 emergency order by operation of Government Code section 11346.1(f) (Register 2018, No. 36).
43. Notice of repeal and deletion of 4-30-2018 emergency order by operation of Government Code section 11346.1(f) (Register 2018, No. 45).
44. Certificate of Compliance as to 5-24-2018 order transmitted to OAL 11-20-2018 and filed 1-7-2019 (Register 2019, No. 2).
This database is current through 11/13/20 Register 2020, No. 46
3 CCR § 3439, 3 CA ADC § 3439
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