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 3280 - Japanese Beetle Exterior 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. Japanese beetle,
Popillia japonica,
a beetle, in the
					 family Scarabaeidae, which in the larval stage attacks the roots of many plants
					 and as an adult will attack the leaves, flowers, and fruits of many
					 plants.
(b) Definitions
(1) "Bill of Lading" is defined as a document
					 issued by a shipper or their agent to acknowledge receipt of cargo for
					 shipment.
(2) "California State
					 Plant Quarantine Officer" is defined for the purpose of this regulation, as a
					 state or county staff person authorized by the Secretary to:
(A) Certify the pest condition or pest
					 treatment of shipments
(B) Enforce
					 the laws and regulations relating to the Japanese beetle quarantine in title 3
					 California Code of Regulations Section
					 3280.
(3) "Category 1 state" is defined as a state
					 where Japanese beetle is not known to be established based on official survey,
					 where the state has officially adopted and maintained a quarantine to prevent
					 entry of Japanese beetle, and where the state has an active eradication program
					 in place for any incipient populations. California is a category 1 state under
					 the U.S. Domestic Japanese Beetle Harmonization Plan as adopted by the National
					 Plant Board.
(4) "Conveyance" is
					 defined as a thing, including, but not limited to, an aircraft, ship, or truck,
					 used to transport someone or something from one place to another and that is
					 subject to inspection.
(5) "Dead
					 Japanese beetle" is a Japanese beetle adult that has no capacity for movement
					 or response to stimuli. The beetle may have the appendages tucked beneath the
					 body, sometimes with the legs completely curled underneath the body. A dead
					 adult beetle may be dry and brittle and have appendages fixed in a rigid
					 position. A recently dead adult beetle may still possess flexible, pliant
					 appendages that can be readily moved by the observer.
(6) "Inspecting officer" is defined as the
					 federal, state, or county staff person conducting an inspection.
(7) "Inspection" is defined as an in-person
					 examination of a conveyance, shipment, object, or property to determine if a
					 pest or plant disease is present.
(8) "Live Japanese beetle" is defined as a
					 Japanese beetle adult that is alert, active, and responsive to external
					 stimuli. Live adult beetles have the capacity for coordinated movement at
					 ambient temperatures equal to or exceeding 70° F. Coordinated movements may
					 consist of any of the following: walking at least one body length, responding
					 to touch or other external physical stimuli, attempting to escape grasp or
					 capture via powered flight or leg/body movements, turning over (righting
					 itself) from back to front if placed upside down, and exhibiting feeding
					 behaviors. Live adult beetles typically exhibit a posture consisting of fully
					 extended legs and antennae.
(9)
					 "Moribund Japanese beetle" is a Japanese beetle adult that is in the process of
					 dying with no chance of recovery. These beetles may exhibit body or appendage
					 movement, but they are uncoordinated and not necessarily in response to any
					 external stimuli. In some instances, the body and/or appendages may be visibly
					 twitching. Moribund beetles, if already on their back, are not capable of
					 turning over (righting itself). Coordinated activities such as feeding,
					 sustained walking, and powered flight are not possible.
(10) "Person" is defined as any individual,
					 partnership, association, corporation, limited liability company, or any
					 organized group of persons whether incorporated or not.
(11) "Shipper" is any person who engages in
					 the operation of selling, marketing, handling, or distributing on behalf of a
					 producer, whether as owner, agent, employee, broker, or otherwise.
(12) "Transporter" is defined as a person or
					 thing that moves something from one property to another, within or into the
					 state.