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§ 3263. European Corn Borer Exterior Quarantine.

3 CA ADC § 3263BARCLAYS 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 3. Exterior Quarantine (Regulations) (Refs & Annos)
3 CCR § 3263
§ 3263. European Corn Borer Exterior Quarantine.
A quarantine is established against the following pest, its host and possible carriers:
(a) Pest. European corn borer, Ostrinia nubilalis. A moth, family Pyralidae, which is damaging to a wide variety of important food and floral crops.
(b) Area Under Quarantine. All states, districts, and territories of the United States.
(1) Infested Area.
(A) Alabama, Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, and the District of Columbia.
(B) In Florida the counties of Calhoun, Escambia, Gadsden, Hamilton, Holmes, Jackson, Jefferson, Madison, Okaloosa, and Santa Rosa.
(C) In Louisiana the parishes of Bossier, Caddo, Concordia, East Carroll, Franklin, Madison, Morehouse, Natchitoches, Ouachita, Red River, Richland, Tensas, and West Carroll.
(D) In Texas the counties of Carson, Dallam, Deaf Smith, Gray, Hansford, Hartley, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Randall, Roberts, and Sherman.
(2) All parishes, counties, states, districts, and territories of the United States not named in the infested area shall be known as the noninfested area.
(c) Articles and Commodities Covered.
(1) Corn, broom corn, sorghum, and sudangrass plants and all parts thereof (including shelled grain and stalks, ears, cobs, and all other parts, fragments, or debris of said plants);
(2) Beans in the pod and pepper fruits;
(3) Plants of aster, chrysanthemum, geranium, hollyhock, dahlia and gladiolus.
(d) Restrictions.
(1) Articles and commodities covered are prohibited entry into California from the infested area unless accompanied by a certificate, issued by an authorized representative of the origin State Department of Agriculture, as provided in (A) or (B) below:
(A) Certificate of Treatment specifying that all of the commodities and articles in the lot or shipment were treated by a method and in a manner prescribed by the director; or
(B) Certificate of Processing and Inspection specifying that all of the commodities and articles in the lot or shipment were processed and inspected in conformity with a method and in a manner prescribed by the director.
(C) Articles and commodities covered originating in the parishes of Louisiana and the counties of Florida and Texas which are not infested with European corn borer may enter California if accompanied by a certificate of origin issued by an authorized representative of the origin state Department of Agriculture specifying that no portion of the articles or commodities in the lot or shipment was grown in an area where the European corn borer is known to occur. Origin certification is not required for entry into California of articles and commodities covered which originated in states, districts, and territories in the noninfested area.
All certificates must be dated and set forth the kind and quantity of articles or commodities constituting the lot or shipment covered thereby, the initials and number of the railway car or license number of the truck, and the names and addresses of the shipper and consignee.
(2) Exemptions. Certification requirements are waived on the following articles and commodities covered:
(A) Shelled popcorn, seed for planting, or clean sacked grain for human consumption.
(B) Beans in the pod or pepper fruits in lots or shipments of ten pounds or less.
(C) Seedling plants or divisions without stems of the previous year's growth of aster, chrysanthemum or hollyhock.
(D) Dahlia tubers without stems.
(E) Gladiolus corms without stems.
(F) Very pungent types of pepper fruit.
(G) Articles and commodities covered when they have been processed or manufactured in a manner that eliminates all danger of carrying European corn borer.
(e) All lots or shipments in violation of this regulation shall be disposed of with the following exceptions:
(1) Inspecting officers may release small lots or shipments of articles and commodities covered which may be adequately inspected, provided no living stage of European corn borer is found; or such small lots may be treated in a manner approved by the director under official supervision and thereafter released.
(2) Certified Shipments of Shelled Corn Not in Conformity May be Treated or Processed in California.
(A) Shipments of shelled corn entering California under certificate from states in the European corn borer infested area, which are found to be contaminated with plant portions or fragments capable of or actually harboring larvae of European corn borer, may be treated or processed in California to destroy such larvae if the state which issued the certificate has entered into a program to strengthen its origin inspection and certification for European corn borer. If a state wishes to enter this program, a signed agreement from the origin state agricultural regulatory agency must be received and accepted by the director. The agreement shall affirm that the origin state agricultural regulatory agency agrees to:
1. Use specified type of uniform screening and/or treatment certificates.
2. Certify as to all the following conditions:
a. Inspection of each car or truck before loading;
b. Constant checking of screens and loading procedures (includes replacement of damaged or broken screens as necessary);
c. Moving corn through screening and loading process at an established rate which assures only clean corn going into the railroad car or truck; and
d. Checking corn after screening and prior to loading to make certain it is free of debris capable of carrying European corn borer larvae.
3. Each lot of shelled corn grown in or shipped from the infested area shall be accompanied by a certificate issued by an authorized representative of the origin state Department of Agriculture stating:
a. The grain has passed through a 1/2 inch or smaller size mesh screen, or
b. The grain has been treated for European corn borer in a manner approved by the director.
4. Screening, processing, or treating shall be done under state supervision.
5. California agricultural regulatory officials will monitor shelled corn shipped from infested states to determine program conformity. If within a one-year period more than three violations from one location are found, the agricultural regulatory officials of the origin state will be informed and they will terminate issuance of the specified program certificates for shelled corn from that location. The origin state will be required to tighten its certification program before resumption of shelled corn certification shipments from that location.
(B) Before any shelled corn is treated or processed in California under (e)(2)(A), permission must be obtained from the director (through the Pest Exclusion Branch). The location where treatment or processing will take place will be specified when permission is given.
Note: Authority cited: Sections 407, 5301 and 5302, Food and Agricultural Code. Reference: Sections 5301 and 5302, Food and Agricultural Code.
HISTORY
1. Amendment filed 3-20-74; effective thirtieth day thereafter (Register 74, No. 12). For prior history, see Register 73, No. 11.
2. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
3. Amendment of subsections (c) and (e)(2) filed 10-13-78; effective thirtieth day thereafter. Correction of erroneous history note which appeared in Register 78, No. 37 (Register 78, No. 41).
4. Amendment of subsection (b-1) filed 11-21-78 as an emergency; effective upon filing (Register 78, No. 47).
5. Certificate of Compliance filed 3-12-79 (Register 79, No. 11).
6. Amendment filed 6-11-80; effective thirtieth day thereafter (Register 80, No. 24).
7. Amendment filed 7-11-84; effective thirtieth day thereafter (Register 84, No. 28).
8. Amendment filed 6-11-86; effective thirtieth day thereafter (Register 86, No. 24).
This database is current through 11/13/20 Register 2020, No. 46
3 CCR § 3263, 3 CA ADC § 3263
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