Cal. Code Regs. Tit. 3, § 3445 - Queensland Fruit Fly Interior Quarantine
A quarantine is established against the following pest, its hosts, and possible carriers.
(a)
Pest. The fruit fly Queensland fruit fly (Bactrocera
tryoni).
(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. An interested party may also go to
the website 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 Queensland 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 Queensland 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 [email protected]
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)(A).
(5) The time
determined for Queensland 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 Queensland 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 Queensland fruit fly, the
Department uses 1125 degree-days Fahrenheit as the length of one life
cycle.
(c) Articles and
Commodities Covered. All fruit, vegetables, pericarp of nuts, seeds, or berries
listed in Title 3 California Code of Regulations Section
3591.30(b)(1)
Queensland Fruit Fly Eradication Area.
(1)
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
3591.30(b)(1)
above.
(2) 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 Queensland 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 has been
treated in a manner to eliminate Queensland fruit fly, is transported in a
manner to preclude exposure to Queensland 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 is moving for
treatment or processing to eliminate Queensland fruit fly, is transported in a
manner to preclude exposure to any Queensland 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 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 Queensland fruit fly while enroute through the area;
or,
(B) The article or commodity 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
Queensland fruit fly; or
(C) The
article or 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 proof of sale showing the commodity was purchased from a
commercial establishment.
(4)
Articles and commodities covered 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 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 securely indoors or covered to minimize exposure to the environment
in a manner to effectively preclude Queensland 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 407, 5301, 5302 and 5322, Food and Agricultural Code.
Note: Authority cited: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code. Reference: Sections 407, 5301, 5302 and 5322, Food and Agricultural Code.
2. Certificate of Compliance as to 9-12-2023 order transmitted to OAL 12-22-2023 and filed
3. Amendment of subsections (b)(1)(B) and (b)(4) filed 10-23-2024; operative
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.