§ 3162. Pest Ratings and Official Control Actions.
3 CA ADC § 3162Barclays Official California Code of Regulations
3 CCR § 3162
§ 3162. Pest Ratings and Official Control Actions.
(3) “Identifying Scientist” - A professional scientist, with specialization in one of several agricultural disciplines (e.g. botany, entomology, nematology, plant pathology, etc.), who has been designated to assign authoritative identifications to organisms of real or potential threat to California agriculture and/or the environment.
(7) “Official control” - by State regulation or statute, the conduct by the Department/Commissioner of quarantine, eradication, control or suppression activities including various treatments, quarantines, and other measures with the goal of preventing the entry of a pest, eliminating an isolated infestation, or prevention of further spread to or within the vulnerable area(s).
(8) “Pest Rating” - characterizing the potential of the pest to harm agriculture, the environment, or society through the completion of a “California Pest Rating Proposal.” “Society” can include interference with home/urban gardening, human health, worker safety, food safety, jobs or cultural practices in California. The pest rating guides what official control measures are appropriate if the pest is encountered in California.
California Pest Rating Proposal
Scientific Name (Common Name)
Current Rating: A, B, C, D, Q, Z
Proposed Rating: A, B, C, D
Initiating Event: Identify the organism considered for the pest rating and the event(s) that triggered this pest rating proposal.
History & Status:
Background: Describe what is known about the biology of the pest, its host range, and potential pathways and spread.
Worldwide Distribution: Identify the native range of the pest. Also identify other countries and states that it has invaded.
Official Control: Is the pest under official control in any countries or states?
California Distribution: Identify where the pest has been found in the environment of California.
California Interceptions: Identify where the pest has been found in regulatory situations in California (e.g., at the airports, border stations, nurseries, ports, seed receivers, etc.).
The risk [taxon name] would pose to California is evaluated below.
Consequences of Introduction:
- Low (1) Not likely to establish in California; or likely to establish in very limited areas.
- Medium (2) may be able to establish in a larger but limited part of California.
- High (3) likely to establish a widespread distribution in California.
- Low (1) has a very limited host range.
- Medium (2) has a moderate host range.
- High (3) has a wide host range.
- Low (1) does not have high reproductive or dispersal potential.
- Medium (2) has either high reproductive or dispersal potential.
- High (3) has both high reproduction and dispersal potential.
Score the pest for Environmental Impact. Score:
- Low (1) causes none of the above to occur.
- Medium (2) causes one of the above to occur.
- High (3) causes two or more of the above to occur.
Consequences of Introduction to California for [taxon name]:
Add up the score for the above five consequences and include it here. (Score)
- Low = 5-8 points
- Medium = 9-12 points
- High = 13-15 points
6) Post Entry Distribution and Survey Information: Evaluate the known distribution in California. Only official records identified by a taxonomic expert and supported by voucher specimens deposited in natural history collections or an official Pest Damage Record should be considered. Pest incursions that have been eradicated, are under eradication, or have been delimited with no further detections should not be included. (Score)
- Not established (0) Pest never detected in California, or known only from incursions.
- Low (-1) Pest has a localized distribution in California, or is established in one suitable climate/host area (region).
- Medium (-2) Pest is widespread in California but not fully established in the vulnerable area, or pest established in two contiguous suitable climate/host areas.
- High (-3) Pest has fully established in the vulnerable area, or pest is reported in more than two contiguous or non-contiguous suitable climate/host areas.
Uncertainty: It is important to separate out uncertainty from risk. Use this section to evaluate any uncertainty associated with the introduction of the pest to California. Include anything that may cause it to be a greater or lesser pest here than in other places.
Conclusion and Rating Justification: Draw conclusions of the risk associated with this pest to California using all of the evidence presented above. Propose a pest rating.
References: List references used in the above assessments. Include links to online information wherever possible.
Responsible Party: Name, address, telephone number and email address of the rater.
(1) Any interested party/organization may complete the California Pest Rating Proposal Form to either propose a change or propose a new pest rating and submit it to the Department. The form and instructions for submitting the form are available at the following Website: http://cdfa.ca.gov/plant/regs_pestrating.html
Authorized official control actions:
(1) Plants, plant products, shipments, or appliances, that do not meet California regulations for movement into or within the State or are moving into California in violation of Title 7, Code of Federal Regulations Chapter III, Part 301, Domestic Quarantine Notices; Part 318, State of Hawaii and Territories Quarantine Notices; Part 319, Foreign Quarantine Notices; Part 330, Federal Plant Pest Regulations; General; Plant Pests; Soil, Stone, and Quarry Products; Garbage; Part 360, Noxious Weed Regulations; or Part 361, Importation of Seed and Screenings Under the Federal Seed Act 9 or are found to be infested or infected with, or exposed to, an “A”-rated pest shall be refused entry, held for inspection, returned to the owner, quarantined, treated, or destroyed as specified by the Department or by an authorized representative of the Department.
(2) The destruction, quarantine, treatment, or return of a shipment shall be under the direction of the Department or Commissioner and may be at the expense of the owner. If the Department or Commissioner incurs any costs, payment to the Department or Commissioner for such expense may be required before shipping may resume.
(3) A Notice of Rejection, a form prescribed by the Department, shall be completed for all shipments being refused entry, returned to the owner, quarantined, treated, or destroyed as specified by the Department or Commissioner. The following data which pertains to the rejection may be collected and used as appropriate to complete the form:
Y. Check boxes for “Violator had a compliance agreement?” or “Permit?,” “Violator was aware of regulation?” (yes/no), “Violator comments” (how informed and when), “Carrier was aware of regulation?” (yes/no), “Carrier comments” (how informed and when), “Violator or carrier's statement of the violation” and “Agricultural Officer's statement of the violation”
Authorized official control actions: Plants and plant products that are found to be infested or infected with, or exposed to, a “B”-rated pest may be subject to being refused entry, held for inspection, returned to the owner, quarantined, treated, or destroyed as specified by the Department or by an authorized representative of the Department.
Authorized official control actions: Plants and plant products that are found to be infested or infected with or exposed to a “C”-rated pest are not subject any State enforced regulatory actions listed under subsection 3162 (e).
(h) The “D”-rating is for an organism that scores low or that is expected to score low in the professional opinion of a CDFA identifying scientist under Section 3162 (b) analysis and is known to be beneficial or to cause no harm to agriculture or the environment. “D” -rated organisms include, but are not limited to, biological control agents that have been approved for release in the state by permit, plants included in the list of agricultural seeds for planting under Title 3, California Code of Regulations, section 3899, organisms native to California that neither adversely affect living plants nor plant parts, and horticultural plants that have no demonstrated history of invasiveness in California or areas with similar climate.
Authorized official control actions: None.
(i) The “Q” -rating is for a pest of agriculture or environment that may be expected to score high in the professional opinion of a CDFA identifying scientist under Section 3162 (b) analysis and that is not known to occur in California or where its California distribution is unknown and that is otherwise suspected of being harmful to agriculture or the environment and that may not be completely identified or for which there is inadequate available scientific information to complete a Pest Rating Proposal.
Authorized official control actions: Plants and plant products that are found to be infested or infected with, or exposed to, a “Q”-rated pest may be refused entry, held for inspection, returned to the owner, quarantined, treated, or destroyed as specified by the Department or by an authorized representative of the Department prior to the Department determining the appropriate permanent pest rating.
Authorized official control actions: None.
Note: Authority cited: Sections 407, 5261 and 5262, Food and Agricultural Code. Reference: Sections 407, 5261 and 5262, Food and Agricultural Code.
1. New section filed 8-18-2014; operative 1-1-2015 pursuant to Government Code section 11343.4(b)(2) (Register 2014, No. 34).
2. Amendment filed 9-14-2020; operative 1-1-2021 (Register 2020, No. 38).
3. Change without regulatory effect amending subsection (e)(3)S. filed 7-26-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 30).
This database is current through 11/24/23 Register 2023, No. 47.
Cal. Admin. Code tit. 3, § 3162, 3 CA ADC § 3162
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