PIERCE’S DISEASE CONTROL PROGRAM

State Miscellaneous Ruling

Article 1.  General Provisions.

Section 3650.       Legislative Intent and Authority.

(a)     The Legislature has declared that the plant killing bacterium, Xylella fastidiosa, and the resulting Pierce’s disease, and its vectors present a clear and present danger to California’s grape industry, as well as to many other commodities and plant life.  The Legislature has created the Pierce’s Disease Control Program in the Department of Food and Agriculture.

(b)     The Secretary is authorized to establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in Sections 6045-6047, Food and Agricultural Code, as may be necessary to interpret, clarify, or implement Sections 6045-6047.  This authority shall be liberally construed to effectuate the intent of Sections 6045-6047.

(c)     The regulations in this subchapter are of statewide interest and concern and are intended to wholly occupy the field.

Section 3651.      Control Program.

(a)     The Pierce’s Disease Control Program is to be conducted by the local public entity designated by that county’s board of supervisors under a Department approved local Pierce’s disease workplan, including proposed treatment of Pierce’s disease and its vectors.

(b)     The Department shall provide logistical support and assistance when necessary for combating Pierce's disease and its vectors. Logistical support and assistance includes:

(1)     Biological control assistance..

(2)     Provide information on production practices to reduce levels of Pierce's disease and its vectors.

(3)     Conduct workplan activities when necessary.

(4)     Develop pest control alternatives.

(c)     Workplans.

(1)     The Pierce's Disease Control Program workplan elements shall include, but are not limited to, all of following:

(A)     Develop and deliver producer outreach information and training to local communities, groups, and individuals to organize involvement with the workplan and to raise awareness regarding Pierce's disease and its vectors.

(B)     Develop and deliver ongoing training of the designated local public entity's employees in the biology, survey, and treatment of Pierce's disease and its vectors.

(C)     Identify a local Pierce's disease coordinator within the designated local public entity.

(D)     Conduct detection and delimitation surveys for vectors.

(E)     If determined necessary to prevent the establishment and spread of Pierce's disease and its vectors, direct and coordinate treatment programs to control or eliminate Pierce's disease and its vectors. Treatment programs shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner.

(F)     Develop and implement a data collection system to track and report new infestations of Pierce's disease and its vectors in a manner respectful of property and other rights of those affected.

(2)     The Department may permit the local public entity to establish variations from the standards set forth in this subchapter based on the written submission to the Department of clear and convincing evidence of stakes and risks to justify a more or less stringent standard.

(3)     The local public entity shall conduct a hearing if an application of the workplan is appealed in writing to that entity. The results of said hearing shall be transmitted to the Department. The hearing notice procedures shall meet minimum due process standards appropriate for the circumstances. The notice and hearing procedures shall be set out in the workplan of the local public entity.

Section 3652.      Definitions. 

The following definitions apply to this subchapter:

(a)   “Bulk citrus” means any unprocessed citrus fruit which has not been commercially packed.

(b)   "Bulk grapes” means any unprocessed grapes, which have not been commercially packed.

(c)   "Carriers” means any vehicle, container, or other article or means of conveyance that the Department determines presents a possible risk of artificial spread of vectors..

(d)   "Certification" means the issuance of a certificate in written, stamp, or sticker format by an agricultural commissioner or commissioner representative, which affirms that a shipment meets all applicable regulatory requirements.

(d)   "Infestation" shall mean the detection of five (5) or more adult vectors within any five-day period and within a 300-yard radius, or the detection of multiple life stages within any five-day period and within a 300-yard radius .  Vectors detected in direct association with a shipment from an infested area do not, in themselves, constitute an infestation.

(e)   "Infested area" shall mean an area within one (1.0) mile of a vector infestation or an area which has not been surveyed in a manner approved by the Department to detect vectors.

(f)    “Non-infested area” shall mean one in which no infestations have been detected after survey in a manner approved by the Department to detect vectors or where the infestation designation has been removed.

(g)   “Pierce’s disease” means the disease of grapevines caused by Xylella fastidiosa, a bacterium.

(h)   “Plants” means nursery stock and privately owned plants, which may host vectors of Pierce’s disease, except when in the form of seeds, bulbs, stolons, corms, pips, buds, or when otherwise specified by the Department as not presenting a risk for the artificial spread of vectors.  [Please refer to Appendix A].

(i)    “Processed grapes” means grapes, which have been juiced, canned, crushed or dried.

(j).   “Vectors or Vectors of Pierce’s disease” shall mean Homalodisca coagulata, glassy-winged sharpshooter.

Section 3653.      Area Designation Procedures.

(a)     An area shall be designated as non-infested based on written affirmation to the Department by the local public entity that the area has been surveyed in a manner approved by the Department to detect vectors with negative results.

(b)     An area shall be designated as infested when the survey results indicate an infestation is present, the Department has defined the infested area, and the local public entity is notified immediately.  The Department will also provide electronic and/or written notification of the area designations to the other local public entities and other interested or affected parties. 

(c)   The local public 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 filed 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.

(d) The infested area designation shall be removed if:

(1) No additional vectors are detected by trapping or visual surveys during the period of January 1 through October 31 of the year following the last vector detection; or,

(2) Only adult vectors were detected and thorough vector survey/detection activities document that a breeding population is not present.

Section 3654. Inspection of Shipments and Disposition of Infested Shipments.

(a)   All shipments of bulk grapes and plants are subject to inspection by the agricultural commissioner upon arrival at destination.

(b)   Any shipment found to be infested with live vectors shall be refused delivery and may be immediately destroyed unless no damage would be caused to agriculture if the shipment is returned to origin or processed or treated in a manner approved by the Department to eliminate the vectors.

Article 2. Standards for Grapes.     The Secretary hereby establishes the following standards for the movement of bulk grapes to prevent the artificial spread of the Pierce’s disease bacterium and its vectors.

Section 3655.      Standards for Movement.

(a) Bulk grapes shall meet the following standards prior to shipment from an infested area to a non-infested area:

(1)    The bulk grapes have originated from a vineyard which has been treated in a manner approved by the Department to eliminate vectors and the grapes are monitored during harvest; or,

(2)     The bulk grapes have originated from a non-infested vineyard as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the grapes are monitored during harvest; or,

(3)     If the county agricultural commissioner at origin and destination determine that compliance with subparagraph (a) or (b) is not feasible, the bulk grapes and associated plant material may be moved for processing in a manner approved by the Department which eliminates the potential artificial spread of vectors and the grapes are monitored during harvest if feasible, and upon arrival for processing.  The commissioners shall notify the Department of their determination as soon as it is practicable; or,

(4)     The bulk grapes have completed a post-harvest treatment approved by the Department to eliminate all live vectors.

(b) To ensure that the above standards are met, the grower shall do all of the following:

(1) Notify the county agricultural commissioner (of the county in which the vineyard is located) a minimum of 72 hours prior to the initiation of harvest.

(2) Assure that a certificate, as provided in Section 3656, is attached to every shipment and is provided to the receiver.

(3) Maintain harvest and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

(c)To ensure that the above standards are met, the receiver shall do all of the following:

(1) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the receiver is located) to determine if the vector is present at receiver's facility.

(2) Collect the certificates, required in Section 3656, for each shipment and maintain them as part of the shipment documentation.

(3) Dispose of all material other than grapes in a manner that eliminates vector survival risk. Disposal methods include, but are not limited to, steam, crush, cold treat, and solarization.

(4) Maintain trapping, vector detection, and shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

Section 3656.      Certification.

(a)     Each shipment of bulk grapes shall be accompanied by a certificate issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3655.

(b)     Prior to the movement of each shipment of bulk grapes moved under section 3655(c), the origin agricultural commissioner shall notify the destination agricultural commissioner of the quantity of grapes being moved, the specific destination, and identification information.

Section 3657.      Exemptions. 

(a)     Unprocessed, bulk grapes, which are being transported without undue delay or diversion through non-infested areas to an infested destination for processing or treatment, or are being moved to a destination outside the State.

(b)     Processed grapes.

(c)     Shipments originating from non-infested areas.

Article 3.  Standards for Plants.  The Secretary hereby establishes the following standards for the movements of plants to prevent the artificial spread of the Pierce’s disease bacterium and its vectors.

Section 3658.      Plants. 

Shipments of the following live plants shall meet the requirements of Article 3, Standards for Plants:

Additional Hosts for Glassy-winged Sharpshooter are listed in appendix A.

Scientific Name                 Common Name

Additional Hosts for Glassy-winged Sharpshooter are listed in appendix A.

Section 3659.      Standards for Movement. 

(1)     The plants have been produced, handled, or treated in a manner approved by the Department to eliminate vectors; or,

(2)     The plants originate from a non-infested premise or a non-infested portion of a premise as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the plants are monitored during loading for shipment; or,

(3)     The plants have been inspected, found to be free of vectors, and have been safeguarded from vectors until shipped.

(b) To ensure that the above standards are met, the nursery shall do all of the following:

(1) Train employees to inspect for and recognize suspect vectors.

(2) Conduct a trapping and detection program as specified by the agricultural commissioner (of the county in which the nursery is located) to determine if the vector is present at the nursery facility.

(3) If the vector is present, conduct an ongoing monitoring program that includes a vector free shipment staging area and inspection of plants for vectors.

(4) Conduct treatments, as necessary, to ensure that each shipment is free of the vectors.

(5) Maintain treatment, vector trapping, detection, and monitoring records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

Section 3660.      Certification.

(a)     Each shipment of plants shall be accompanied by a certificate issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3659.

Section 3661.      Exemptions.

(a)     Privately owned plants which have been maintained indoors.

(b)     Plants which have been designated by the Department as not presenting a risk for the artificial spread of vectors.

Article 4.  Standards for Citrus Fruit.  The Secretary hereby establishes the following standards for the movement of bulk citrus to prevent the artificial spread of the vectors of Pierce’s disease.

Section 3662. Standards for Movement.

(a)     The bulk citrus have been harvested, handled, or treated in a manner approved by the Department to eliminate all live vectors including, but not limited to, the following:

(1) Treat grove(s) when infestation levels of vectors are evidenced by multiple detections(s); or,

(2) Mechanically brush and protect citrus from infestation by vectors; or,

(3) Post-harvest treatment of citrus.

(b)     The bulk citrus have originated from a non-infested grove as determined by surveys, including trapping and visual, approved by the Department to detect the presence of vectors and the citrus fruit are monitored during harvest.

(c) To ensure that the standards in (a) or (b) are met, the receiver shall do all of the following:

(1) Collect the certificates, required in Section 3663, for each shipment and maintain them as part of the shipment documentation.

(2) Notify the agricultural commissioner (of the county in which the receiver is located) when suspect vector are detected.

(3) Safeguard infested shipments until rejection action is specified by the agricultural commissioner.

(4) Maintain shipment records for two years. These records shall be made available to the county agricultural commissioner during normal business hours.

Section 3663.  Certification.

(a)      Each shipment of bulk citrus shall be accompanied by a certificate or other document issued by the agricultural commissioner at origin affirming that the shipment meets the standards for movement set forth in Section 3662.

Section 3663.5  Exemptions. 

(a)     Processed citrus fruit, including citrus fruit which has been washed and waxed and is being moved in bulk quantities.

(b)      Shipments originating from non-infested areas.

APPENDIX A                                                         11-02-05

Additional Hosts for Glassy-winged Sharpshooter.

APPENDIX B

GWSS Infested Areas

The GWSS infested areas are the entire counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Ventura, and portions of Butte, Fresno, Imperial, Kern, Sacramento, Santa Barbara, Santa Clara, Solano, and Tulare counties (see details below). Intrastate shipments found infested with this pest can be rejected under California Food and Agricultural Code Section 6521.

[Please note: Nursery stock from the infested states of Alabama, Arkansas, Florida, Louisiana, Mississippi, Nevada, North Carolina, South Carolina, and Texas already enters California under a Quarantine Warning Hold Notice (008). GWSS is also known to occur in Mexico. Interstate shipments found infested with this pest can be rejected under California Food and Agricultural Code Section 6461.5.]   

·          Butte That portion of Butte County in the Chico area bounded by a line drawn as follows: Beginning at the intersection of State Highway 32 (Deer Creek Highway) and East Ninth Street; then, easterly along State Highway 32 to its intersection with Forest Avenue; then, southerly along said avenue to its intersection with Humboldt Road; then, easterly along said road to its intersection with Bruce Road; then, southerly along Bruce Road to its intersection with Little Chico Creek; then, easterly along said creek to its intersection with Little Chico-Butte Creek Diversion Canal; then, southerly along said canal to its intersection with Butte Creek; then, westerly from said creek along an imaginary line to the intersection of State Highway 99 and Southgate Avenue; then, southwesterly from the intersection of State Highway 99 and Southgate Avenue along an imaginary line to the intersection of K.V. Lane and The Midway; then, northwesterly from the intersection of K.V. Lane and The Midway along an imaginary line to the intersection of Skyway Avenue and Hegan Lane; then northeasterly along Hegan Lane to its intersection with The Midway; then, northwesterly along The Midway to its intersection with Park Avenue; then, northwesterly along said avenue to its intersection with East Ninth Street; then, northeasterly along said street to the point of beginning.

·          Fresno That portion of Fresno County in the Fresno area bounded by a line drawn as follows: Beginning at the intersection of South Willow Avenue and East Tulare Avenue; then, easterly along East Tulare Avenue to its end; then, due east from said end along an imaginary line drawn to the point of intersection with North Fowler Avenue; then, southerly along North Fowler Avenue to the point it becomes South Fowler Avenue; then, continuing southerly along said avenue to its intersection with East Jensen Avenue; then, westerly along East Jensen Avenue to its intersection with South Willow Avenue; then, northerly along South Willow Avenue to the point of beginning.

That portion of Fresno County in the Fresno area bounded by a line drawn as follows: Beginning at the intersection of North Cedar Avenue and East Clinton Avenue; then, westerly along East Clinton Avenue to its intersection with North Palm Avenue; then, northerly along North Palm Avenue to its intersection with East Gettysburg Avenue; then, westerly along East Gettysburg Avenue to its intersection with West Gettysburg Avenue; then, westerly along West Gettysburg Avenue to its end; then, due west from said end along an imaginary line to its intersection with North Marks Avenue; then, northerly along North Marks Avenue to its intersection with West Herndon Avenue; then, easterly along West Herndon Avenue to its intersection with North Palm Avenue; then, northerly along North Palm Avenue to its end; then, due north from the north end of Palm Avenue along an imaginary line to its intersection with the San Joaquin River; then, northeasterly along said river to the point where an imaginary line drawn due north from the intersection of North Cedar Avenue and Herndon Avenue intersects said river; then, south from said point along said line to the intersection of North Cedar Avenue and Herndon Avenue; then southerly along North Cedar Avenue to the point of beginning.

That portion of Fresno County in the Clovis area bounded by a line drawn as follows: Beginning at the intersection of Maple Avenue and Shepherd Avenue; then, easterly along Shepherd Avenue to its intersection with Fowler Avenue; then, southerly along Fowler Avenue to its intersection with Ashlan Avenue; then, westerly from said intersection along an imaginary line to the intersection of Peach Avenue and Ashlan Avenue; then, westerly along Ashlan Avenue to its intersection with Cedar Avenue; then, northerly along Cedar Avenue to its intersection with Herndon Avenue; then, easterly along Herndon Avenue to its intersection with Maple Avenue; then, northerly along Maple Avenue to the point of beginning.

That portion of Fresno County in the Fowler area bounded by a line drawn as follows: Beginning at the intersection of Adams Avenue and Temperance Avenue; then, southerly on Temperance Avenue to its intersection with Walter Avenue; then, easterly along Walter Avenue to its intersection with Logan Avenue; then, due south from said intersection along an imaginary line to its intersection with Manning Avenue; then, westerly along Manning Avenue to its intersection with Fowler Avenue; then, northerly along Fowler Avenue to its intersection with Parlier Avenue; then, westerly along Parlier Avenue to its intersection with Sunnyside Avenue; then, due north from said intersection along imaginary line to its intersection with East Sumner Avenue; then, easterly along East Sumner Avenue to its intersection with West Tuolumne Street; then, northeasterly along said street to its end; then, northeasterly from the end of West Tuolumne Street along an imaginary line to the west end of East Tuolumne Street; then, northeasterly along East Tuolumne Street to its intersection with Adams Avenue; then, easterly along Adams Avenue to the point of beginning.

That portion of Fresno County in the Kingsburg area bounded by a line drawn as follows: Beginning at the intersection of Golden State Boulevard and Stroud Avenue; then, easterly along said avenue to its intersection with Eighteenth Avenue; then, southerly along Eighteenth Avenue to its intersection with the Fresno County Line; then, westerly along said line to its intersection with Indianola; then, northerly along Indianola to its intersection with Elkhorn Avenue; then, easterly along Elkhorn Avenue to its intersection with Indianola; then, northerly along Indianola to its intersection with Kamm Avenue; then, easterly along Kamm Avenue to its intersection with Golden State Boulevard; then southerly along said boulevard to the point of beginning.

·          Imperial That portion of Imperial County in the Desert Shores, Salton Sea Beach, and Salton City area bounded by a line drawn as follows: Beginning at the intersection of State Highway 86 and Coolidge Springs Road; then, due east along an imaginary line to its intersection with the Salton Sea; then, southeasterly along the shore of the said sea to its intersection with Arroyo Salada Stream; then, southwesterly along said stream to its intersection with State Highway 86; then, northerly along State Highway 86 to its intersection with Sea View Drive; then, southwesterly along said Sea View Drive to its end; then, northerly from said end along an imaginary line drawn to the western end of Lakeview Court and the point it intersects with Borrego Salton Seaway; then, northwesterly from said point along an imaginary line drawn to the intersection of Marina Drive and Impala Court; then, northeasterly along Marina Drive to its intersection with State Highway 86; then, northwesterly along said highway to its intersection with Tonalee Ditch; then, southwesterly along said ditch to an imaginary line drawn southward from the end of Coolidge Springs Road; then, northerly along said imaginary line and road to the point of beginning.

That portion of Imperial County on the southwestern side of the Salton Sea bounded by a line drawn as follows: Beginning at the intersection of State Highway 86 and the northern boundary of Section 36 in the Township 11 South, Range 10 East in the San Bernardino Meridian; then, due east along said boundary to the northern edge of Sections 31, 32, and 33 of Township 11 South, Range 11 East to its intersection with the Salton Sea; then, southwesterly along the shore of said sea to its intersection with San Felipe Creek; then, continuing southwesterly along said creek to its intersection with the southern boundary of Section 4 of Township 12 South, Range 11 East; then, due west along the southern edge of Sections 4,5, and 6 of Township 12 South, Range 11 East to the point of intersection with State Highway 86; then, northwesterly along State Highway 86 to the point of beginning.

·          Kern That portion of northern Kern County between Bakersfield and the Kern - Tulare County line which incorporates a section of Highway 65 and is bounded by a line drawn as follows: Beginning at the intersection of Zachary Avenue and the Kern - Tulare County line; then, easterly along the Kern - Tulare County line to its intersection with Old Stockton Los Angeles Stage Road; then, due south along an imaginary line drawn to Highway 155; then, southwesterly along an imaginary line drawn to the intersection of Famoso Woody Road and Sherwood Avenue; then, continuing southwesterly along Famoso Woody Road to its intersection with Highway 65; then, southerly along Highway 65 to its intersection with Merced Avenue; then, eastward along Merced Avenue to its end; then, southerly along an imaginary line drawn to the end of the Lerdo Highway; then, westerly along Lerdo Highway to its intersection with Highway 65; then, southerly along Highway 65 to its intersection with James Road; then, due east along an imaginary line drawn to the county line; then, following said county line to its intersection with an imaginary line drawn due west from the end of the intersection of Bear Mountain Road and Coles Levee Road; then, easterly along said imaginary line to the aforementioned intersection of Bear Mountain Road and Coles Levee Road; then, continuing eastward on Bear Mountain Road to its intersection with Highway 99; then, northerly along said highway to its intersection with Curnow Road; then, westerly along said road to its intersection with Wibble Road; then, northerly along Wibble Road to its intersection with the Taft Highway; then, westerly along said highway to its intersection with Stine Road; then, northerly along said road to its intersection with Mccutchen Road; then, westerly along Mccutchen Road to its intersection with Gosford Road; then, northerly along Gosford Road to its intersection with Panama Lane; then, westerly along said lane to its intersection with Buena Vista Road; then, northerly along said road to its intersection with the Pessinger Road; then, due west along Pessinger Road to its intersection with South Allen Road; then, northwesterly along an imaginary line drawn to the southern end of Locksley Lane; then, northerly along said lane to its intersection with the Stockdale Highway; then, westerly along said highway to its intersection with Nord Avenue; then, northerly along said avenue to its intersection with Palm Avenue; then, westerly along Palm Avenue to its intersection with Greely Road; then, northerly along said road to its northern end; then, continuing northerly along an imaginary line drawn to the intersection of Santa Fe Way and Los Angeles Street; then, northerly along Los Angeles Street to its intersection with Orange Street; then, westerly along Orange Street to its intersection with Magnolia Avenue; then, northerly along said avenue to its intersection with Mccombs Avenue; then, easterly along Mccombs Avenue to its end; then, continuing due east along an imaginary line drawn to the intersection of Famoso-Porterville Highway and Mccombs Avenue; then, continuing easterly on said avenue to its intersection with Driver Road; then, northerly on said road to its intersection with Phillips Road; then, easterly on Phillips Road to its intersection with Zachary Avenue; then, northerly on said avenue to its intersection with Hanawalt Avenue; then, westerly on Hanawalt Avenue to its intersection with the Famoso-Porterville Highway; then, northeasterly along said highway to its intersection with Sherwood Avenue; then, westerly on said avenue to its intersection with Zachary Avenue; then, northerly along said Zachary Avenue to the point of beginning.

·          Sacramento That portion of Sacramento County in the Rancho Cordova area bounded by a line drawn as follows: Beginning at the intersection of Sunrise Boulevard and South Bridge Street;