(a)
Definitions.
(1) "Commissioner" - a
California County Agricultural Commissioner and staff.
(2) "General Distribution" - the pest
occupies a majority of its potential distribution range in
California.
(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.
(4) "Limited
Distribution" - the pest occurs in the state but is limited to a small portion
of its potential distribution or to a few small geographic areas that are
widely separated within the state (widely but not generally
distributed).
(5) "Known Not to
Occur" - surveys have been conducted for the pest and it has not been found to
be established in California.
(6)
"Not Known to Occur" - there are no official records of the pest being
established in California.
(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.
(9)
"Potential Distribution" - the area within the state of California that a
species is considered likely to establish. Suitable climate, presence of hosts,
and other factors may be considered.
(10) "Quarantine" - actions mitigating the
pest risk including, but not limited to: confinement or restriction of entry,
movement, shipment, or transportation of plants, plant products, conveyances,
appliances, or anything else known or suspected to be infected or infested with
pests.
(11) "Vulnerable Area" - an
area where ecological factors favor the establishment of a pest whose presence
in the area may result in economical loss or environmental
damage.
(b) California
Pest Rating Proposal. This form shall be completed to determine a pest rating
and all applicable sections with known information shall be completed:
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:
1) Climate/Host Interaction: Evaluate if the
pest would have suitable hosts and climate to establish in California. Score:
- 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.
2) Known Pest
Host Range: Evaluate the host range of the pest. Score:
- Low (1) has a very limited host range.
- Medium (2) has a moderate host range.
- High (3) has a wide host range.
3) Pest Dispersal Potential: Evaluate the
natural and artificial dispersal potential of the pest. Score:
- 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.
4) Economic
Impact: Evaluate the likely economic impacts of the pest to California using
the criteria below. Score:
A. The pest could
lower crop yield.
B. The pest could
lower crop value (includes increasing crop production costs).
C. The pest could trigger the loss of markets
(includes quarantines).
D. The pest
could negatively change normal cultural practices.
E. The pest can vector, or is vectored, by
another pestiferous organism.
F.
The organism is injurious or poisonous to agriculturally important
animals.
G. The organism can
interfere with the delivery or supply of water for agricultural uses.
- Low (1) causes 0 or 1 of these impacts.
- Medium (2) causes 2 of these impacts.
- High (3) causes 3 or more of these
impacts.
5)
Environmental Impact: Taking into account other, established pests, evaluate
the additional environmental impact of the pest on California using the
criteria below.
A. The pest could have a
significant environmental impact such as lowering biodiversity, disrupting
natural communities, or changing ecosystem processes.
B. The pest could directly affect threatened
or vulnerable species.
C. The pest
could impact threatened or vulnerable species by disrupting critical
habitats.
D. The pest could trigger
additional official or private treatment programs.
E. The pest significantly impacts cultural
practices, home/urban gardening or ornamental plantings.
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.
7) The final score is the consequences of
introduction score minus the post entry distribution and survey information
score: (Score)
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.
(c) Pest Rating Process.
(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
(2) Within 30 days of its completion, a
California Pest Rating Proposal Form shall be posted for a 45-day public
comment period on the Department's Website at:
http://cdfa.ca.gov/plant/regs_pestrating.html
(3) The Department shall respond to any
posted comments within 30 working days and shall make the final determination
of the pest rating for the organism under consideration.
(4) All Department pest ratings shall be
posted: http://cdfa.ca.gov/plant/regs_pestrating.html
(d) The Department shall complete a review of
all "Q" pest ratings and propose a permanent pest rating within two years of
the assignment of the temporary pest rating.
(e) The "A"-rating is for pests of
agriculture or environment that score high under Section
3162 (b) analysis
and that are or may be placed under official control in the State of California
or are not known to occur in California.
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:
A. Time In
B. Date In
C. I.D. Number
D. Time Out
E. Date Out
F. PDR Number
G. Bill Number
H. Material Transported By (e.g. bus, car,
mail, truck, etc.)
I. Check boxes
for whether the entire or portion of the shipment was rejected
J. Check boxes for whether the shipment was
commercial or E-commerce
K.
Material rejected, type (e.g. plants, fruit, etc.), common and scientific
names, variety, quantity, container size, origin county, state, country,
explanatory remarks and check the appropriate boxes if the material rejected
contains soil, roots or is a drug.
L. Reason for Rejection
M. Shipper's Complete Name, Address, City,
State, Zip Code, Country, E-Mail Address, Latitude and Longitude, Phone and Fax
Numbers
N. Receiver's Complete
Name, Address, City, State, Zip Code, County, Country, E-Mail Address, Latitude
and Longitude, Phone and Fax Numbers
O. Driver's Complete Name, Date of Birth,
Driver's License Number and Issuing State
P. Carrier's Name, Address, City, State, Zip
Code, Phone and Fax numbers and E-mail Address
Q. Carrier's Vehicle Unit Number, Trailer
License and State
R. Issuing
Agricultural Officer's Name, Address, City, State, Phone and Fax Numbers, and
Commissioner's name if issued by a county office.
S. Name of involved State Program, and number
of any related documentation (Pest and Damage Record, Quarantine Warning/Hold
Notice or Spongy Moth Warning/Hold Notice)
T. Explanatory Remarks
U. Check boxes for copies sent to: Shipper,
Receiver, Carrier, Commissioner at Origin, Commissioner at Destination or
Other; including if by E-mail
V.
Check boxes to the Shipper that the material will be disposed of unless, at
their option, expense and risk, they agree to: Return to Shipper or Ship Out of
State or Authorize Treatment or Obtain the Necessary Certificate or Permit or
Other with a Description
W. A Box
for the Driver to Sign and Date
X.
Disposition including Option Chosen, Date, County Location, Name of
Agricultural Officer and any Explanatory Remarks.
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"
(4) A Hold
Notice, a form prescribed by the Department, shall be completed for all
shipments being held and shall have the following information completed:
A. The Name of the Establishment
B. Telephone Number
C. Address, City and Zip Code
D. Description and Number of Items Held on
Premises
E. Reason for the
Hold
F. Printed Name and Title of
Person contacted
G. Signature of
the Person Contacted and Date
H.
Signature of the Agricultural Officer and Date
I. Address, City, Zip Code, Telephone and Fax
Number of the issuing Agricultural Office
J. A date by which the responsible person can
submit documentation of compliance
K. A date the Hold Notice is
released
(f)
The "B"-rating is for pests of agriculture or environment that score medium to
high under Section
3162 (b) analysis
and that are of limited distribution in California.
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.
(g) The
"C"-rating is for pests of agriculture or environment that score low under
Section
3162 (b) analysis
and/or are of common occurrence and generally distributed in California.
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.
(j) The "Z" -rating is for pests of
agriculture or environment that may be expected to score low in the
professional opinion of a CDFA identifying scientist under Section
3162 (b) analysis
and/or that are of common occurrence and generally distributed in California.
Authorized official control actions:
None.
(k) The plant pest
ratings shall be used in the enforcement of the nursery stock standards of
cleanliness under Title 3, California Code of Regulations, section
3060.2.