Cal. Code Regs. Tit. 3, § 3701.7 - Refusal, Suspension or Cancellation of Registration

(a) Registration may be suspended for any registered tree(s) or registered mother lines if any of the conditions listed below apply.

(1) Tests or visual inspections indicate that the citrus tree(s) or mother line(s), or any citrus tree(s) or mother line(s) within the same structure, are infected with the applicable disease or disease agent of concern listed in Section 3701.6; or

(2) The requirements of these regulations have not been met; or

(3) The pest cleanliness requirements for nursery stock in Title 3, Division 4, Section 3060.2 of California Code of Regulations have not been met; or

(4) The source that the citrus trees or mother lines were propagated from is diseased and the citrus trees or mother lines and their progeny are also suspected of being diseased.

(5) Participant's failure to meet the requirements in the compliance agreement.

(6) Breach of an insect-resistant structure.

(b) Registration may be canceled or refused for any registered tree(s) or mother lines if any of the conditions listed below apply.

(1) The citrus tree(s) or mother line(s) is/are infected with an applicable disease or disease agent of concern listed in Section 3701.6 and detected using a test listed in that section.

(2) The requirements of these regulations have not been met; or

(3) The pest cleanliness requirements for nursery stock in Title 3, Division 4, Section 3060.2 of California Code of Regulations have not been met; or

(4) The source that the citrus trees or mother lines were propagated from is diseased and their progeny are also determined to be diseased.

(5) Participant's failure to meet the requirements in the compliance agreement.

(6)) Breach of an insect-resistant structure.

(c) The Department's decision to suspend, refuse or cancel registration of a citrus tree or trees shall be based upon a risk evaluation conducted by the Department which shall be made available to the participant and include the elements as described in Section 3701.6(e).

(d) Disposition of suspended and canceled trees or mother lines.

(1) Suspended trees or mother lines may be retained in the planting.

(2) Suspended trees or mother lines shall be clearly identified and written records maintained.

(3) Propagative materials from suspended trees or mother lines may, at the discretion of the Department, retain their registered status while testing to determine their disease status is in progress.

(4) Propagative materials from canceled trees or mother lines shall not be used.

(5) Trees or mother lines maintained in insect-resistant structures which have tested positive for any of the diseases listed in Section 3701.6(d) shall be removed by the participant within three business days of being notified by the Department that the tree or mother line is to be removed.

(e) Reinstatement of suspended trees or mother lines.

(1) Registration of suspended trees or mother lines and/or propagative materials may be reinstated if the Department determines that the suspension is no longer necessary. The Department may use testing and/or inspections to make this determination.

(2) Registered trees or mother lines may have their registration reinstated if they test negative for disease(s) shown to be infecting the source(s) from which they were propagated.

Notes

Cal. Code Regs. Tit. 3, § 3701.7

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, 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, 5801, 5802 and 6946, Food and Agricultural Code. Reference: Sections 407, 5310, 5311, 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, 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).