California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 3 - Entomology and Plant Quarantine › Subchapter 4 - Plant Quarantine › Article 4 - Interior Quarantine (Regulations) › Section 3442 - Malaysian Fruit Fly Interior Quarantine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quarantine is established against the following pest,
						its hosts and possible carriers.
(a)
					 Pest. Malaysian fruit fly (
Bactrocera latifrons
),
(b) Area Under Quarantine.
(1) 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.
(2)
					 An infestation is present when:
(A) In urban
					 areas either eggs, a larva, a pupa, a mated female or two or more adult
					 Malaysian fruit flies of either sex are detected within three miles of each
					 other and within one life cycle and all detections shall be more than 4.5 miles
					 from any commercial host production area; or
(B) In rural or commercial host production
					 areas either eggs, a larva, a pupa, a mated female or two or more adult
					 Malaysian fruit flies of either sex are detected within three miles of each
					 other and within one life cycle; or
(C) Satellite infestations: a detection of a
					 single life stage of Malaysian 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.
(3) The
					 initial area under quarantine shall be a minimum of a 4.5 mile radius
					 surrounding the qualifying 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.
(4) 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 no later than ten (10) working days following receipt 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.
(5) 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 within the quarantine
					 area.
(6) A life cycle is an
					 estimate of insect phenology based on a heat degree day temperature driven
					 model. Base developmental temperature thresholds are used in this model's
					 calculations and it estimates the generation time period necessary for the
					 completion of a generation of Malaysian fruit fly. Daily minimum and maximum
					 temperatures are used to produce a sine curve over a 24-hour period. The degree
					 days for that day are estimated by calculating the area above the threshold and
					 below the curve, assuming that the temperature curve is symmetrical around the
					 maximum temperature. For Malaysian fruit fly the Department uses the lifecycle
					 model with 48.60° Fahrenheit base developmental temperature and 1101 degree
					 days Fahrenheit per generation.