Section 3044.2 - General ProvisionsParticipation in this program is voluntary and may be withdrawn at the option of the participant. Approval, supervision, inspection, sampling, determination, registration and certification, shall be conducted by the Department or its authorized agents.
(a) Approval of Registration or Certification. Planting locations accepted by the Department, laboratory examinations, and visual inspections form the basis for approval of registration as a propagative source and certification as California certified seed garlic. The Department may authorize the use of official certification tags or other indicia of certification for the identification of garlic which meets the requirements of this article. Except as otherwise provided, certification is based solely on a sample of garlic from each planting entered in the program.(1) Approval of Registration. The Department may approve the registration as a source of propagative material, either foundation or registered stock which has tested and found free of stem and bulb nematode, Ditylenchus dipsaci, and has been inspected and found free of white rot fungus, Sclerotium cepivorum.(2) Certification. The Department may certify garlic as California Certified Seed Garlic stock which has been inspected and found free of white rot fungus, Sclerotium cepivorum.(b) Refusal, Suspension or Cancellation of Registration or Certification. The Department may refuse certification services to anyone or may refuse, suspend, or cancel registration or certification for part or all of a planting under the following conditions, whether or not caused by actions or omissions of participants.(1) The requirements of this article have not been met; or(2) The participant has failed to comply with participant responsibilities as specified in Section 3044.3 during current or past program participation; or(3) The participant has failed to pay in a timely manner, any fee or late charge required by this article.(4) Any condition exists which would hinder or prevent the accurate determination of whether or not the disease, pest, varietal purity, or other requirements of this article have been met; or(5) The planting is infested with stem and bulb nematode; or(6) The planting is infected with white rot fungus; or(7) The planting is infected or infested with any pest new to or of limited distribution within the State, unless the Department determines that the pest is of minor economic importance or determines that the pest can be safely delimited and the infected or infested garlic can be treated or rogued to eliminate the pest; or(8) A plant or plants are found to be off-type unless rogued to the satisfaction of the Department; or(9) For any reason the identity of the garlic becomes uncertain or has not been maintained; or(10) The certification seals or tags are misused or stock is materially misrepresented, whether or not the participant knew or should have known of the misrepresentation.Cal. Code Regs. Tit. 3, § 3044.2
1. Amendment of subsection (b) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
2. Renumbering and amendment of former Section 3045 to Section 3044.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).
3. Repealer and new section filed 4-24-97; operative 5-24-97 (Register 97, No. 17). Note: Authority cited: Sections 407 and 5823, Food and Agricultural Code. Reference: Sections 5821 and 5822, Food and Agricultural Code.
1. Amendment of subsection (b) filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
2. Renumbering and amendment of former Section 3045 to Section 3044.2 filed 12-30-83; effective thirtieth day thereafter (Register 84, No. 1).
3. Repealer and new section filed 4-24-97; operative 5-24-97 (Register 97, No. 17).