California Code of Regulations › Title 3 - Food and Agriculture › Division 4 - Plant Industry › Chapter 3 - Entomology and Plant Quarantine › Subchapter 2 - Nursery Stock › Article 11 - Nursery Inspection › Section 3060.4 - Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 Commissioner shall keep records of inspections made and of orders issued to
					 enforce this article.
(1) Inspections of the
					 growing grounds, storage yards, and sales places of nursery stock, other than
					 seed, shall be performed by a qualified nursery and seed inspector who shall
					 make a sufficient examination of all varieties and all lots or blocks of
					 nursery stock and all established plants, appliances, and other things thereon
					 as may be necessary to determine compliance with this article.
(A) The inspection shall be substantiated by
					 the filing with the Commissioner of a report of such inspection showing the
					 names of pests and infested or infected host plants and their location in the
					 nursery, and the disposition of all blocks of stock found infested or infected
					 to a degree greater than the minimum requirements of this article.
(B) The Commissioner or the Director may
					 require by a written order that any nursery stock found infested or infected
					 with a pest shall be isolated or safely delimited in a manner approved by the
					 Commissioner or the Director, and may specify that the pest shall be controlled
					 or eradicated, or that the infested or infected plants shall be disposed of in
					 a manner satisfactory to the Commissioner or the Director within a reasonable
					 specified length of time.
(C) The
					 Secretary may permit nursery stock which may be infested with pests, subject to
					 quarantine regulations or Section
					 3060.2(b)(1), to
					 be sold for planting or for resale for planting, within the area under
					 quarantine or area infested with a specified pest, where the nursery stock is
					 offered for sale, provided that:
1. a
					 quarantine or other pest shall not be eligible for movement as described in
					 this section unless it has been so designated herein by the Secretary (the
					 Secretary has designated
Homalodisca vitripennis
,
					 glassy-winged sharpshooter, as eligible for movement as described in this
					 section); and
2. the nursery stock
					 is moved between points within the area under quarantine or within the area
					 infested with the specified pest and involves no movement outside thereof;
					 and
3. the pest is not under
					 eradication in the quarantine or infested area; and
4. movement of the nursery stock is not
					 specifically prohibited by the quarantine regulation or local ordinance;
					 and
5. the nursery stock is
					 commercially clean.
(D)
					 Nursery stock which does not meet the standards of cleanliness prescribed in
					 Subarticle 10 Section
					 3060.2 shall not be sold except as
					 provided in (C) above or under a written agreement between the buyer and seller
					 which discloses the following:
1. failure to
					 comply with the standards of cleanliness;
2. affirmation of the buyer's agreement to
					 purchase the stock on an "as is" basis; and
3. written agreement by the destination
					 department of agriculture the stock for planting by the buyer or resale at
					 retail for non-farm use in the destination county or
					 state.