Cal. Code Regs. Tit. 3, § 3422 - Caribbean Fruit Fly Interior Quarantine
A quarantine is established against the following pest, its hosts, and possible carriers.
(a)
Pest. The fruit fly Caribbean fruit fly (Anastrepha
suspensa).
(b) An area
shall be designated as under quarantine when survey results indicate an
infestation is present, the Department has defined the infested area, and the
local California County Agricultural Commissioner(s) is notified and requests
the quarantine area be established. The Department shall also 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/pdep/treatment/.
An interested party may also go to the website
https://public.govdelivery.com/accounts/CADFA/subscriber/new
and elect to receive automatic notifications of any changes in quarantine areas
through the list serve option.
(1) An
infestation is present when:
(A) Either eggs,
a larva, a pupa, a mated female or two or more adult Caribbean fruit flies of
either sex are detected within three miles of each other and within one life
cycle.
(B) Satellite infestations.
Notwithstanding (b)(4), detection of a single life stage of Caribbean fruit fly
within any established quarantine area may be considered a satellite
infestation and may be used as the epicenter using an additional 4.5-mile
radius surrounding the detection to expand the quarantine area.
(2) The initial area under
quarantine shall be a minimum of a 4.5-mile radius surrounding the detections
being used as an epicenter. Commercial host properties shall not be split by
the quarantine boundary line and the boundary line shall be expanded beyond the
4.5 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, city, county,
state, park, and forest boundary lines are used first, and if there are no
acceptable features such as these, then imaginary lines with or without
latitude and longitude points may be used.
(3) Any interested party or local entity may
appeal an area designation by submission to the Department of a written request
for review of the designation accompanied by clear and convincing evidence
justifying a change in the designation. The appeal must be submitted to the
Department's Legal Office at 1220 N Street, Suite 315, Sacramento, CA 95814 or
emailed to CDFA.LegalOffice@cdfa.ca.gov 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.
(4) The
infested area designation shall be removed if no additional life stages are
detected by trapping or visual surveys for three life cycles after the last
detection that triggered the quarantine area. Subsequent detections within the
quarantine area that are more than three miles from, or one lifecycle after,
the detections triggering the quarantine will not affect the area or duration
of the quarantine unless they meet the criteria in subsection (b)(1).
(5) The time determined for Caribbean fruit
fly to complete three life cycles begins from the date of the most recent
detection and is measured by a life cycle estimate. A life cycle estimate is an
assessment of insect development based on a model derived from the temperatures
recorded for each day at the time and in the area of an infestation. Daily
minimum and maximum temperatures are used to produce an interpolated
temperature curve over each 24-hour period and a calculation of how much time
is above and below a base developmental (minimum) temperature needed for insect
development. This information is used to estimate the time period necessary for
the completion of one full lifecycle of Caribbean fruit fly under the specific
local and temporal circumstances. The total amount of heat required to develop
from one stage to another is calculated in units called degree-days. If the
average temperature in 24 hours is one degree higher than the minimum
temperature required for a particular pest, one degree-day's temperature is
accumulated in the life cycle estimate. Accumulating degree-days is used to
determine the generation time. For Caribbean fruit fly, the Department uses
1357 degree-days Fahrenheit as the length of one life cycle.
(c) Articles and Commodities
Covered.
(1) All fruit, vegetables, pericarp
of nuts, seeds, or berries listed in Title 3 California Code of Regulations
Section 3591.11(b)(1)
Caribbean Fruit Fly Eradication Area.
(2) Soil within the drip area of plants
producing, or which have produced, fruit or berries as listed in Title 3
California Code of Regulations Section
3591.11(b)(1)
above.
(3) Any other product,
article, 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 Caribbean fruit fly and the person in possession thereof has been so
notified, either by public notice, written communication, or verbally by a
county, state, or federal agricultural official.
(d) Restrictions.
(1) At the wholesale level, articles and
commodities covered in subsection (c) are prohibited movement within or from
the area under quarantine except as provided in (A) or (B) below:
(A) If the article or commodity covered in
subsection (c) has been treated in a manner to eliminate Caribbean fruit fly,
is transported in a manner to preclude exposure to Caribbean fruit fly, and is
accompanied by a written certificate issued by an authorized State or county
agricultural official affirming compliance with this subsection; or,
(B) The article or commodity covered in
subsection (c) is moving for treatment or processing to eliminate Caribbean
fruit fly, is transported in a manner to preclude exposure to any Caribbean
fruit fly, and is accompanied by a written certificate issued by an authorized
State or county agricultural official affirming such movement has been
authorized under this subsection.
(2) At the wholesale level, articles and
commodities covered in subsection (c) which have been commercially produced
outside the area under quarantine are prohibited movement into the area under
quarantine except when accompanied by a shipping document indicating the point
of origin and destination and moved in compliance with (A), (B) or (C) below:
(A) If the article or commodity covered in
subsection (c) is moving directly through the area under quarantine without
stopping except as dictated by traffic controls and by a direct route in an
enclosed vehicle or container or completely enclosed by a covering to prevent
exposure to the Caribbean fruit fly while enroute through the area;
or,
(B) The article or commodity
covered in subsection (c) is destined to a wholesale or retail establishment
within the quarantined area and, if moving between 9 a.m. and sunset, is
transported in an enclosed vehicle or container or completely enclosed by a
covering to prevent exposure to Caribbean fruit fly; or
(C) The article or commodity covered in
subsection (c) is destined to a commercial processing facility.
(3) At the retail level, articles
and commodities covered by subsection (c) which have been commercially produced
are prohibited movement from or within the area under quarantine except when
the person in possession has a proof of sale showing the commodity was
purchased from a commercial establishment.
(4) Articles and commodities covered by
subsection (c) which have been noncommercially produced within the area under
quarantine, including "backyard" production, are prohibited movement from the
premises where grown except under written authorization of the Department or
County Agricultural Commissioner.
(5) Articles and commodities covered in
subsection (c) which have been noncommercially produced outside the area under
quarantine are prohibited movement into the area under quarantine except when
the person in possession has signed a statement showing the commodity, amount,
origin, destination, and date of transportation.
(6) Within the area under quarantine, no
wholesale or retail establishment shall handle, sell, or offer for sale any
article or commodity covered in subsection (c) unless such commodities at all
times are maintained securely indoors or covered to minimize exposure to the
environment in a manner to effectively preclude Caribbean fruit fly access. No
commodity covered shall be held for sale or sold from a truck, trailer, or
other mobile vehicle within the area under quarantine.
Notes
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 5301, 5302 and 5322, Food and Agricultural Code.
2. Certificate of Compliance as to 9-18-2024 order transmitted to OAL 1-7-2025 and filed
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