Cal. Code Regs. tit. 3 § 3591.6

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3591.6 - Spongy Moth Eradication Area

(a) Proclamation of Eradication Area. That portion of the State of California described as follows, within which spongy moth, Lymantria dispar, is known to exist, is hereby proclaimed to be an eradication area with respect to said pest, and as such is amenable to the provisions of Article 4 (Sections 5761, 5762, and 5763) of Chapter 8, Part 1, Division 4, of the Food and Agricultural Code of California.

(1) The entire counties of Alameda, Butte, Los Angeles, Marin, Nevada, Orange, Riverside, San Diego, San Mateo, Santa Barbara, Santa Clara, Santa Cruz and Ventura.

(b) Hosts and Possible Carriers. Trees, shrubs with persistent woody stems, and parts of such trees and shrubs (except seed, fruits, and cones); timber and timber products, including but not limited to lumber, planks, poles, logs, cordwood, and pulpwood; mobile homes and recreational vehicles, and associated equipment, moving from infested properties; outdoor furniture; and any other products, articles, or means of conveyance, of any character whatsoever when it is determined by an inspector that they present a hazard of spread of the spongy moth and the person in possession thereof has been so notified. All these items that are infested or are exposed to infestation by spongy moth are declared a public nuisance.

(c) Means and Methods. The following means and methods may be used in the eradication and control of said pest in said area.

(1) The use of insecticides, chemicals, or other materials as spray, dust, bait, or in any other form as often as necessary to effect control.

(2) The removal and destruction of 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.

(3) The searching for all stages of spongy moth by visual inspection, the use of traps, or any other means.

(4) The removal and destruction of abandoned or unwanted hosts or possible carriers bearing or capable of bearing spongy moth in any stage.

(5) The importation, rearing, liberation, and fostering of parasites and predators of the spongy moth.

(6) The importation, rearing, or liberation of sterile forms of the spongy moth.

Cal. Code Regs. Tit. 3, § 3591.6

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

1. New section filed 10-22-76 as an emergency; effective upon filing (Register 76, No. 43).
2. Certificate of Compliance filed 1-10-77 (Register 77, No. 3).
3. Amendment of subsections (a) and (b) filed 8-26-81; effective thirtieth day thereafter (Register 81, No. 35).
4. Amendment of subsection (a)(1) filed 2-24-82 as an emergency; effective upon filing (Register 82, No. 9). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 6-24-82.
5. Certificate of Compliance as to 2-24-82 order filed 5-25-82 (Register 82, No. 22).
6. Amendment of subsection (a) filed 8-18-82 as an emergency; effective upon filing (Register 82, No. 34). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-16-82.
7. Certificate of Compliance as to 8-18-82 order filed 11-19-82 (Register 82, No. 47).
8. Amendment of subsection (a) filed 7-1-83; effective thirtieth day thereafter (Register 83, No. 27).
9. Amendment filed 7-3-84; effective thirtieth day thereafter (Register 84, No. 7).
10. Amendment of subsection (a)(1) filed 7-15-85; effective thirtieth day thereafter (Register 85, No. 29).
11. Amendment of subsection (a) filed 3-24-87 as an emergency; effective upon filing (Register 87, No. 13). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 7-22-87.
12. Reinstatement of subsection (a) as it existed prior to emergency filed 3-24-87 by operation of Government Code Section 11346.1(g) (Register 87, No. 34).
13. Amendment of subsection (a)(1) filed 12-7-95 as an emergency; operative 12-7-95 (Register 95, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-5-96 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 12-7-95 order transmitted to OAL 2-26-96 and filed 3-8-96 (Register 96, No. 10).
15. Amendment of subsection (a)(1) filed 4-24-97; operative 5-24-97 (Register 97, No. 17).
16. Amendment of subsections (a)-(a)(1) and amendment of Note filed 8-28-2000 as an emergency; operative 8-28-2000 (Register 2000, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-2000 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 8-28-2000 order transmitted to OAL 12-26-2000 and filed 1-23-2001 (Register 2001, No. 4).
18. Amendment of subsection (a)(1) filed 7-5-2006 as an emergency; operative 7-5-2006 (Register 2006, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-2-2006 or emergency language will be repealed by operation of law on the following day.
19. Amendment of subsection (a)(1) filed 7-17-2006 as an emergency; operative 7-17-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2006 or emergency language will be repealed by operation of law on the following day.
20. Amendment of subsection (a)(1) filed 8-1-2006 as an emergency; operative 8-1-2006 (Register 2006, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-29-2006 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsection (a)(1) filed 8-10-2006 as an emergency; operative 8-10-2006 (Register 2006, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-8-2006 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 7-5-2006 order transmitted to OAL 9-26-2006 and filed 10-2-2006 (Register 2006, No. 40).
23. Certificate of Compliance as to 7-17-2006 order transmitted to OAL 10-4-2006 and filed 10-19-2006 (Register 2006, No. 42).
24. Certificate of Compliance as to 8-1-2006 order transmitted to OAL 10-27-2006 and filed 12-6-2006 (Register 2006, No. 49).
25. Certificate of Compliance as to 8-10-2006 order transmitted to OAL 12-6-2006 and filed 1-8-2007 (Register 2007, No. 2).
26. Amendment of subsection (a)(1) filed 7-20-2007 as an emergency; operative 7-20-2007 (Register 2007, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-16-2008 or emergency language will be repealed by operation of law on the following day.
27. Amendment of subsection (a)(1) filed 7-24-2007 as an emergency; operative 7-24-2007 (Register 2007, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-21-2008 or emergency language will be repealed by operation of law on the following day
28. Certificate of Compliance as to 7-20-2007 order transmitted to OAL 12-6-2007 and filed 1-22-2008 (Register 2008, No. 4).
29. Certificate of Compliance as to 7-24-2007 order transmitted to OAL 12-6-2007 and filed 1-22-2008 (Register 2008, No. 4).
30. Amendment of subsection (a)(1) filed 9-2-2008 as an emergency; operative 9-2-2008 (Register 2008, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-2-2009 or emergency language will be repealed by operation of law on the following day.
31. Reinstatement of subsection (a)(1) as it existed prior to 9-2-2008 emergency amendment by operation of Government Code section 11346.1(f) (Register 2009, No. 24).
32. Amendment of subsection (a)(1) filed 11-4-2013; operative 1-1-2014 (Register 2013, No. 45).
33. Change without regulatory effect amending section heading and subsections (a), (b) and (c)(3)-(6) filed 7-26-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 30).
34. Amendment of subsection (a)(1) filed 9-30-2024 as an emergency; operative 9/30/2024 (Register 2024, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2025 or emergency language will be repealed by operation of law on the following day.