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§ 3701.2. Program Responsibilities.

3 CA ADC § 3701.2Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 4. Plant Industry (Refs & Annos)
Chapter 4. Plant Pathology (Refs & Annos)
Subchapter 6. Plant Disease Control
3 CCR § 3701.2
§ 3701.2. Program Responsibilities.
(a) Responsibilities of the Participant
(1) Paying all fees as described in Section 3701.8.
(2) Providing the labor to collect samples for testing under the supervision of the Department.
(3) Submission of a completed, signed compliance agreement as required in Section 3701.4.
(4) Applying for the registration or re-registration of plants grown under the provisions of these regulations.
(5) Selecting tree(s) or mother lines for testing, and the proper maintenance of any plants being grown under the provisions of these regulations.
(6) Procuring qualified propagative materials for planting.
(7) Using propagation, farming, and sanitation practices as required in Section 3701.4.
(8) Removal of citrus trees or mother lines from insect-resistant structures when no longer eligible to be maintained within the structure.
(9) Maintain, and upon request, provide within five business days to the Department a record of all mother trees, mother lines, seed and/or increase trees registered by the participant, or other trees maintained in the same structure with registered material.
(A) For all mother trees, mother lines, seed trees, increase trees and nursery stock, the records shall include the sources(s) of the vegetative propagative materials used to produce the trees or mother lines and the date propagated, and shall be maintained for a minimum of five years from date of propagation.
(B) For all citrus vegetative propagative material that is produced from registered mother trees, mother lines, or increase trees and used for propagation or sold as propagative material, the records shall include disposition of such material including name and address of customer if applicable, Department registration number or CCPP tag number as applicable, quantity and kind of units of propagative material, and cultivar, and shall be maintained for a minimum of five years from the date the material is produced.
(10) Taking precautions to guard against the introduction and spread of pests and diseases to plants entered in this program.
(11) Proper use of registration tags provided by the Department, including removal within five working days, of registration tags from citrus trees that have died, for which the Department issues a cancellation of registration notice, or that otherwise are no longer eligible for registration, maintaining control of registration tags issued to the participant, and ensuring that tags are not applied to plants or propagative materials that are not eligible.
(12) Proper use, maintenance and submission of Department-supplied insect monitoring traps.
(13) Notifying the Department at least 24 hours in advance of any pest control treatments in plantings using a pesticide that has reentry or worker safety requirements that would create a health hazard for the Department's employees, or in any manner interfere with the Department's ability to conduct scheduled inspections or other field activities. This subsection only applies when the Department has notified the participant of the date of a planned inspection or other program-related action that would bring the Department's representative(s) into a treated area or into contact with treated plants.
(14) Notifying the Department of any trees for which registration is requested that are known to be infected with the citrus variant of the HSVd, citrus viroid IIa (CVd-IIa, Non-cachexia variant).
(15) Meeting the requirements of Title 3, Division 4, California Code of Regulations, Section 3060.4(a)(1)(D) when selling any propagative material infected with the citrus variant of the HSVd, citrus viroid IIa (CVd-IIa, Non-cachexia variant).
(b) Responsibilities of the Department.
(1) Maintain records of all registered mother trees, mother lines, seed and increase trees.
(2) Specify, in the registration record, those trees that are infected with the citrus variant of the HSVd, citrus viroid IIa (CVd-IIa, Non-cachexia variant).
(3) Process applications from applicant and/or requests for records from applicant within 10 business days of receipt.
(4) Release results of disease tests to participants within 5 business days of receiving final test results from the facility performing the diagnostics.
(5) Require that the facility performing the diagnostics include in its protocol a method of conducting additional diagnostic procedure(s) for any sample for which the results were inconclusive or positive.
(6) Require that the facility performing the diagnostics notify the Department within three business days of any inconclusive or positive test results.
(7) Upon receiving notification from the diagnostic facility, notify the affected participant within three business days of any inconclusive or positive test results.
(8) Approve insect-resistant structures.
(9) Inspect and test participants' citrus trees and mother lines in accordance with the provisions of these regulations and as required by the Department.
(10) Cancel registration of citrus trees and mother lines that are found to be infected with diseases listed in Section 3701.6, using tests prescribed in Section 3701.6, and/or the trees or mother lines have been produced out of compliance with the provisions of these regulations.
(11) The Department may issue special permits exempting researchers or others from compliance with any or all of the provisions of these regulations. The permit shall state any and all provisions under which citrus propagation will be allowed.

Credits

Note: Authority cited: Sections 407, 5705, 5801, 5802 and 6946, Food and Agricultural Code. Reference: Sections 407, 5310, 5311, 5705, 5801, 5802, 5803, 6940, 6941 and 6945, Food and Agricultural Code.
History
1. New section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 48).
3. New section refiled 11-24-2010 as an emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 15).
5. New section refiled 4-14-2011 as an emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-13-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-14-2011 order, including amendment of section and Note, transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
7. Change without regulatory effect amending Note filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
8. Amendment of Note filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 3, § 3701.2, 3 CA ADC § 3701.2
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