State Miscellaneous Ruling

A. Pest. The Secretary finds that western celery mosaic virus (which is also known as celery mosaic, Apium virus 1, and Marmor umbelliferarum) exists in certain celery growing areas of California and that this pest cannot be eradicated or effectively controlled by recognized ordinary means.

B. Host. Celery (Apium graveolens).

C. Host-Free Districts and Periods. The following are declared western celery mosaic host-free districts and periods:

1. District 1 Area: That portion of San Luis Obispo County bounded by a line drawn as follows: beginning at the point of junction of San Luis Obispo Creek and the mean high tide line of the Pacific Ocean (near the town of Avila); then northeasterly along the center line of San Luis Obispo Creek to the point of its intersection with the center line of U.S. Highway 101; then easterly (approximately 12 miles) along an imaginary line drawn from said intersection to the point of junction of Lopez Creek and Arroyo Grande Creek (near the west boundary of Sec. 33, T31S, R14E, MDM); then southerly (approximately 9 ½ miles) along an imaginary line drawn from the junction of Lopez Creek and Arroyo Grande Creek through the southernmost corner of Lot No. 39 of Rancho Nipomo to its point of intersection with the center line of U.S. Highway 101; then westerly (approximately 8 miles) along an imaginary line drawn from said point on U.S. Highway 101 through the southwest corner of Lot No. 131 of Rancho Bolsa de Chemisal to its point of intersection with the mean high tide line of the Pacific Ocean; then along the mean high tide line of the Pacific Ocean in a northerly and westerly direction to the point of beginning. Declared Host-Free Period: At any place within the district, outside of greenhouses, the host-free period shall commence on January 1 and end on January 31. Inside of greenhouses, the host-free period shall be any continuous 8 day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager.

2. District 2 Area: The entire County of Monterey. Declared Host-Free Period: any place within the district, outside of greenhouses, the host-free period shall commence on January 1 and end on January 31. Inside of greenhouses, the host-free period shall be any continuous 8 day period each year agreed upon by the county agricultural commissioner and each greenhouse owner or manager.

3. District 3 Area: The entire County of Ventura. Declared Host-Free Period: At any place within the district, outside of greenhouses, the host-free period shall commence on July 15 and end on August 4. Inside of greenhouses, the host-free period shall commence on July 15 and end on July 22.

• Prohibitions and Permits.

2. No celery plant or part thereof, other than seed, shall be planted or maintained in any state of cultivation or growth within any western celery mosaic host-free district unless a permit has been issued by the Secretary or the agricultural commissioner of the county in which the district is located. The Secretary or the agricultural commissioner may issue a permit to introduce, plant and maintain celery transplants within the district, except during any host-free period established in subsection (C) (unless the permit is issued pursuant to paragraph (3) or (4) below), provided the Secretary or commissioner determines that the celery plants covered by the permit originated on premises or in a district which is free from western celery mosaic.

3. The county agricultural commissioner may issue a permit for growing celery transplants within the host-free district at any time in any greenhouse located ½ mile or more from any wild or cultivated celery growing outside of greenhouses, provided the following conditions are met (a) The applicant notified the commissioner in writing, 30 days in advance of the proposed starting date, of his or her intention to observe a host-free period in the greenhouse at a time other than during the host-free period established for each district and (b) the commissioner determines that no celery plant or living celery plant material has been present in the greenhouse during a period of consecutive days, equivalent to the period established for each district within the immediately preceding 12-month period.

4. Celery plants may be grown at any time in any western celery mosaic host-free district, in an experimental celery breeding plot, provided a permit for growing experimental celery in a breeding plot has been issued by the agricultural commissioner of the county in which the district is located. Said permit may continue in effect indefinitely providing the commissioner determines that (a) effective insect vector control measures are maintained; (b) the plot is and remains isolated from commercial celery fields; and (c) the plot does not otherwise constitute a source of spread of western celery mosaic virus.