Cal. Code Regs. Tit. 3, § 3425 - Melon Fruit Fly Interior Quarantine
A quarantine is established against the following pest, its hosts, and possible carriers.
(a)
Pest. Melon fruit fly (Bactrocera cucurbitae).
(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 Melon fruit flies of
either sex are detected within three miles of each other and within one life
cycle.
(B) Satellite infestations.
Notwithstanding (b)(4), a detection of a single life stage of Melon 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. 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 Melon 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 Melon 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 Melon fruit fly, the Department uses 1357
degree-days Fahrenheit as the length of one life cycle.
(c) Commodities Covered.
(1) All fruit, vegetables or berries of the
following agricultural, wild, or ornamental plants listed in Title 3,
California Code of Regulations, Section
3591.15(b)(1).
(2) Soil within the drip area of plants
producing, or which have produced fruit, vegetables, or berries as listed in
Title 3, California Code of Regulations, Section
3591.15(b)(1).
(3) Plants of the listed species in the
Cucurbitaceae listed in listed in Title 3, California Code of Regulations,
Section 3591.15(b)(1).
(4) Any other plant, product, article, or
means of conveyance when it is determined by the department or county
agricultural commissioner to present a hazard of spreading live melon fruit fly
and the person in possession thereof has been so notified.
(d) Restrictions.
(1) At the wholesale level, articles and
commodities covered which have been commercially produced within the area under
quarantine are prohibited movement from or within the area under quarantine
except in accordance with the following provisions:
(A) The commodity has been treated in a
manner approved by the department to eliminate melon fruit fly, is transported
in a manner approved by the department to preclude exposure to melon fruit fly,
and is accompanied by a certificate, verifying compliance with the above
requirements, issued by the department or county agricultural commissioner;
or,
(B) The commodity is moving for
treatment for melon fruit fly or processing and in a manner approved by the
department to preclude exposure to melon fruit fly and is accompanied by a
written document affirming that movement has been authorized by the department
or county agricultural commissioner.
(2) At the wholesale level, articles and
commodities covered 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 accordance with the following provisions:
(A) The commodity is moving directly through
the area under quarantine without delay in an enclosed vehicle or completely
enclosed by a covering to prevent exposure to melon fruit fly; or,
(B) The commodity is destined to a wholesale
or retail establishment and, if moving between 9:00 a.m. and sunset, is
transported in an enclosed vehicle or completely enclosed by a covering to
prevent exposure to melon fruit fly; or,
(C) The commodity is destined to a commercial
processing facility.
(3)
At the retail level, articles and commodities covered which have been
commercially produced are prohibited movement from or within the area under
quarantine except when the person in possession has a sales slip or other
comparable document showing the commodity was purchased from a commercial
establishment.
(4) Articles and
commodities covered which have been noncommerically 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 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 unless such commodities at all times are
maintained in a manner approved by the department to preclude exposure to melon
fruit fly.
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. Repealed by operation of Government Code Section 11346.1(g) (Register 89, No. 51).
3. Amendment of section heading and new section filed 1-5-2000 as an emergency; operative 1-5-2000 (Register 2000, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-4-2000 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-5-2000 order transmitted to OAL 5-2-2000 and filed 6-1-2000 (Register 2000, No. 22).
5. Repealer of subsection (b)(1) filed 6-11-2002; operative 7-11-2002 (Register 2002, No. 24).
6. New subsection (b) and amendment of subsections (c)(1) and (c)(3)-(4) filed 8-16-2010 as an emergency; operative 8-16-2010 (Register 2010, No. 34). A Certificate of Compliance must be transmitted to OAL by 2-14-2011 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (b) filed 9-2-2010 as an emergency; operative 9-2-2010 (Register 2010, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-1-2011 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-16-2010 and 9-2-2010 orders, including further amendment of subsection (c)(1), transmitted to OAL 12-14-2010 and filed 1-13-2011 (Register 2011, No. 2).
9. Repealer and reservation of area under quarantine filed 9-28-2011; operative 10-28-2011 (Register 2011, No. 39).
10. Amendment of subsections (c)(1)-(3) filed 3-14-2024; operative
11. New subsections (b)-(b)(5) filed 11-21-2024; operative
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