California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 3 - Entomology and Plant Quarantine › Subchapter 4 - Plant Quarantine › Article 3 - Exterior Quarantine (Regulations) › Section 3256 - Cherry Fruit Fly Exterior Quarantine

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A quarantine is established against the following pests,
						their hosts and possible carriers:
(a)
					 Pests. Cherry fruit flies (
Rhagoletis indifferens
and
Rhagoletis fausta
).
(b) Area Under Quarantine.
Infested Area:
Idaho. The entire state.
Colorado. The entire state, except for Delta and Mesa
						Counties.
Montana. The entire state.
New Mexico. The entire state.
Oregon. The entire state.
Utah. The entire state.
Washington. The entire state.
Noninfested Area:
Colorado. Delta and Mesa Counties.
(c) Articles and Commodities Covered. Cherry
					 fruits of all domesticated and wild cherries are declared to be hosts and
					 possible carriers of the pest quarantined against.
(d) Restrictions.
(1) Cherry Fruits Admitted From Area Under
					 Quarantine If Treated in Approved Manner at Origin. Cherry fruits grown,
					 packed, or stored in or shipped from the area under quarantine may be admitted
					 into California, provided each lot or shipment is officially certified by an
					 authorized representative of the Department of Agriculture at origin, affirming
					 that the accompanied cherry fruits were treated to destroy cherry fruit flies
					 in a manner approved by the director.
(2) Cherry Fruits Admitted From Area Under
					 Quarantine Without Treatment When Under Permit From the Director. The Director
					 may issue to the proper official of the Department of Agriculture of any state
					 in the area under quarantine,as specified in subsection (b) above, a master
					 permit designating conditions under which cherry fruits may be admitted into
					 the state without treatment and setting forth therein requirements for:
					 sampling, inspecting of samples, maintaining identity, transportation,
					 certification and other instructions which must be met at point of origin. To
					 be eligible for such master permit the state of origin shall:
(A) Maintain California-approved mandatory
					 pest control districts for control of cherry fruit fly.
(B) Carry on a trapping program for adult
					 cherry fruit flies to determine proper timing for application of control
					 materials.
(C) Require the
					 application of pesticides at specified intervals as recommended by an official
					 agricultural regulatory agency.
(D)
					 Furnish a list of shippers approved by the state of origin including the
					 shippers' addresses and assigned identification numbers to the California
					 Department of Food and Agriculture prior to the beginning of the shipping
					 season.
(3) The master
					 permit shall only be valid for shipments of cherry fruit meeting the following
					 requirements:
(A) Cherry fruit shipped to
					 California must be grown in orchards located in the approved pest control
					 districts.
(B) All cherry fruit
					 shall be sampled and inspected for cherry fruit fly at origin as outlined in
					 the master permit.
(C) The identity
					 of each container of sampled cherry fruit shall be maintained by marking each
					 container with the identification number of the approved shipper.
(D) Trucks transporting cherry fruit from
					 approved shippers to California shall be sealed by an agricultural
					 representative of the state of origin. These seals will be applied before the
					 truck leaves the premises of the approved shipper. The seals will not be broken
					 except in the presence of a state plant quarantine officer after the truck
					 arrives in California.
(E) The
					 cherry fruit, upon arrival, must be found free from cherry fruit fly
					 larvae.
(F) Any other requirements
					 as may be necessary and as stated in the master permit.
(4) Cherry Fruits Admitted From Noninfested
					 County of the Area Under Quarantine With Certificate of Origin. Cherry fruits
					 grown, packed, and stored within and shipped from a noninfested county in the
					 area under quarantine may be admitted into California, provided each shipment
					 is accompanied by a certificate of origin issued by an authorized agricultural
					 official of the origin state giving the name and address of the shipper, and
					 the number and kind of containers in the shipment. The certificate shall state
					 that the shipment originated in a noninfested area county.