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 3287 - Spotted Lanternfly 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: Spotted lanternfly,
Lycorma delicatula
, a lanternfly in
					 the Order Hemiptera, Family Fulgoridae.
(b) Definitions
(1) "Compliance Agreement" means a written
					 agreement between a person engaged in handling, receiving, or moving regulated
					 articles and a state plant regulatory agency, such as a state department of
					 food and agriculture, wherein the former agrees to fulfill the requirements of
					 the compliance agreement and comply with the provisions of this
					 regulation.
(2) "Covering" means a
					 rigid or flexible sheet that can be secured over an otherwise open load to
					 prevent the egress of spotted lanternfly. If woven or of mesh, openings in the
					 weave must be 1 millimeter or less.
(3) "Exposed to the environment" means
					 exposed to the outdoors without a barrier present.
(4) "Infestation" means an established,
					 reproducing population of spotted lanternfly as designated or determined by the
					 Department. Any of the following shall be sufficient evidence of an
					 infestation: One viable egg mass, one living nymph, one living visibly mated
					 female, or two living adults found in the environment within a state or county
					 within one year.
(5) "Infested
					 area" means the entire state where an infestation is present in the absence of
					 detailed information regarding the pest's distribution within a state, or
					 nation where an infestation has been detected, or the counties in which the
					 infestation is documented if survey data provided by the state plant regulatory
					 agency or the United States Department of Agriculture allows detailed
					 delimitation of the extent of the infestation within a state. The Department
					 may remove a county or state from quarantine if surveys in the area previously
					 designated as infested indicate an infestation is no longer present.
(6) "Living Life Stage" means all life stages
					 of the spotted lanternfly, including, but not limited to, adults, nymphs, or
					 viable egg masses.
(7) "Move;
					 movement" means shipped, offered or received for shipment, carried,
					 transported, or relocated.
(8)
					 "Moving through the infested area" means the regulated article, including the
					 vehicle and conveyance, is moved directly through the infested area without
					 stopping (except for refueling or for traffic control devices or conditions)
					 and has been stored, packed, or handled only at locations outside the infested
					 area.
(9) "Permit" means a document
					 issued by a state plant regulatory agency that certifies that a person has
					 successfully completed training regarding spotted lanternfly and agrees to the
					 conditions specified by the permit.
(10) "Person" is defined as any individual,
					 partnership, association, corporation, limited liability company, or any
					 organized group of persons whether incorporated or not.
(11) "Phytosanitary Certificate" means a
					 document issued by an authorizing official that certifies a commodity has been
					 inspected or treated and found to be apparently free from specific
					 pests.
(12) "Regulated Article or
					 Articles" means the plant pest spotted lanternfly along with any plant, plant
					 product, storage place, packaging, conveyance, container, soil, and any other
					 organism, object, or material capable of harboring or spreading pests and
					 deemed to require phytosanitary measures, particularly where interstate
					 transportation is involved.
(13)
					 "Reproducing Population" means biological evidence including, but not limited
					 to, a viable egg mass, a living nymph, a living, visibly mated female, or two
					 living adults found in the environment within a county within one year,
					 indicating successful reproduction in the environment.
(14) "Treatment" means official procedure for
					 the killing, inactivation, or removal of pests, for rendering pests infertile,
					 or for devitalization.