Cal. Code Regs. Tit. 3, § 3701.4 - Planting Location and Maintenance Requirements

(a) Registered trees shall be located as follows:

(1) Mother trees and the rootstock used in their production may be field grown until January 1, 2012. To be eligible for registration after January 1, 2012, mother trees and the rootstock used in their production shall be maintained in departmentally approved insect-resistant structures that meet the requirements of Section 3701.5.

(2) Increase trees and the rootstock used in their production may be field grown until January 1, 2013. To be eligible for registration after January 1, 2013, increase trees and the rootstock used in their production shall be maintained in departmentally approved insect resistant structures that meet the requirements of Section 3701.5.

(b) Notwithstanding Section 3701.4(a), any plant meeting the eligibility requirements of this program may be removed from one approved structure into another approved structure provided the plants are in the process of being actively relocated. Any plant moved during daylight hours shall be covered in a manner to protect against target vectors. If a screen covering is used, no openings shall be larger than approximately 0.3 square millimeters.

(c) Maintenance Requirements

(1) All plants entered in this program shall be kept in good growing condition and pests shall be kept under effective control.

(2) Only those plants meeting the eligibility requirements of these regulations, or nursery stock derived therefrom, may be planted or maintained inside a departmentally approved insect-resistant structure. After January 1, 2013, only nursery stock that has been propagated and maintained within a departmentally approved insect-resistant structure at all times is eligible to be maintained in a structure that also contains registered mother, seed or increase trees.

(3) Each participant maintaining an insect-resistant structure shall sign a compliance agreement with the Department that includes a plan developed by the participant and approved by the Department for meeting the following performance standard:

(A) Ensure proper utilization of entryways.

(B) Establish procedures that are sufficient to prevent entry or spread of diseases and/or target vectors.

(C) Maintain structural inspection schedule that is sufficient to ensure the integrity of the structure is maintained.

(D) Participant's response to structural breach.

(E) Ensure appropriate nursery personnel are trained in pest identification and plant inspection techniques.

(F) Ensure proper use of Department supplied traps.

(G) Participant's plan for major structure maintenance or replacement.

Notes

Cal. Code Regs. Tit. 3, § 3701.4

1. New section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 48).
3. New section refiled 11-24-2010 as an emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 15).
5. New section refiled 4-14-2011 as an emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-13-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-14-2011 order, including amendment of section and NOTE, transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
7. Change without regulatory effect amending NOTE filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
8. Amendment of NOTE filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).

Note: Authority cited: Sections 407, 5705, 5801, 5802 and 6946, Food and Agricultural Code. Reference: Sections 407, 5310, 5311, 5705, 5801, 5802, 5803, 6940, 6941 and 6945, Food and Agricultural Code.

1. New section filed 5-17-2010 as an emergency; operative 5-17-2010 (Register 2010, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-15-2010 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2010, No. 48).
3. New section refiled 11-24-2010 as an emergency; operative 11-24-2010 (Register 2010, No. 48). A Certificate of Compliance must be transmitted to OAL by 2-22-2011 or emergency language will be repealed by operation of law on the following day.
4. Repealed by operation of Government Code section 11346.1(g) (Register 2011, No. 15).
5. New section refiled 4-14-2011 as an emergency; operative 4-14-2011 (Register 2011, No. 15). A Certificate of Compliance must be transmitted to OAL by 7-13-2011 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-14-2011 order, including amendment of section and Note, transmitted to OAL 6-23-2011 and filed 7-5-2011 (Register 2011, No. 27).
7. Change without regulatory effect amending Note filed 10-21-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 43).
8. Amendment of Note filed 2-20-2014; operative 4-1-2014 (Register 2014, No. 8).