Cal. Code Regs. tit. 3 § 3591.24

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3591.24 - European Grapevine Moth Eradication Area
(a) Proclamation of Eradication Area. That portion of the State of California described as follows within which a certain pest, European Grapevine Moth (Lobesia botrana), is known to exist are hereby proclaimed to be eradication areas with respect to said pest:

The entire State.

(b) Hosts and Possible Carriers, Within Said Area. The following nursery stock, plants and plant parts and any greenwaste residues thereof or any other plant which by scientific investigation is shown to be capable of sustaining European Grapevine Moth in any stage of development:

Scientific NameCommon Name
Actinidia chinensisKiwi fruit or Chinese Gooseberry
Berberis vulgarisEuropean Barberry
Clematis vitalbaOld-Man's-Beard or Traveller's Joy
Daphne gnidiumSpurge Flax
Dianthus spp.Carnation
Diospyros kakiPersimmon
Galium mollugoFalse Baby's Breath or White Bedstraw
Hypericum calycinumSt. John's Wort or Aaron's Beard
Ligustrum vulgareEuropean Privet
Olea europaeaOlive
Prunus spp.Stone Fruit (e.g. apricot, cherry, plum)
Punica granatumPomegranate
Rhus glabraSmooth Sumac
Ribes spp.Currant, Gooseberry
Rosmarinus officinalisRosemary
Rubus spp.Blackberry, Dewberry
Silene vulgarisBladder Campion
Trifolium pratenseRed Clover
Urginea maritimeSea squill
Vitis spp.Grape
Ziziphus jujubaJujube

(c) Possible Carriers. Possible carriers shall include all appliances used in the growing, harvesting, processing and hauling of the host plants and plant parts and any greenwaste residues including but not limited to tractors, trailers, trucks, planting, picking and pruning equipment and processing machinery, the premises and appurtenances thereto and any lands where host plants are growing or were grown during the past season, or any other thing which by scientific investigation is shown to be capable of harboring or spreading any stage of European Grapevine Moth.
(d) Means and Methods. The following means and methods may be used in the control and eradication of the European Grapevine Moth within the State:
(1) The repeated application of insecticides or herbicides sprays or dusts or biological agents or pheromones to disrupt mating or mass trapping by approved methods to any or all premises or lands, host plants or possible carriers, and any other articles or things which are infested or exposed to infestation and capable of harboring or spreading the European Grapevine Moth.
(2) The removal and destruction of any and all possible carriers, including nursery stock or trees and shrubs if permission is received from the property owner, or if such action is the only practical way of eliminating the infestation of a host or possible carrier to prevent the spread or reinfestation of European Grapevine Moth.
(3) The searching for all stages of European Grapevine Moth by visual inspection, the use of traps, or any other means anywhere within the said area.
(4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing European Grapevine Moth in any life stage.
(5) The removal and destruction of plant parts, such as fruit or bark, capable of harboring any life stage of European Grapevine Moth.
(6) Covering with tarps or enclosed construction of all trucks, trailers and other appliances hauling host plants, host plant crops or greenwaste residues to or from packing or processing facilities, greenwaste transfer stations, landfills, or elsewhere, to prevent spillage or blowout along roads.
(7) The importation, rearing, liberation, and fostering of parasites and predators which attach the moth.
(8) The importation, rearing, or liberation of sterile forms of the European Grapevine Moth.

Cal. Code Regs. Tit. 3, § 3591.24

1. New section filed 2-18-2010 as an emergency; operative 2-18-2010 (Register 2010, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-2010 order transmitted to OAL 6-10-2010 and filed 7-7-2010 (Register 2010, No. 28).

Note: Authority cited: Sections 407 and 5322, Food and Agricultural Code. Reference: Sections 407, 5322, 5761, 5762 and 5763, Food and Agricultural Code.

1. New section filed 2-18-2010 as an emergency; operative 2-18-2010 (Register 2010, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2010 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 2-18-2010 order transmitted to OAL 6-10-2010 and filed 7-7-2010 (Register 2010, No. 28).