El Dorado County Municipal Code Art. IV Vine Mealybug Regulations

Footnotes:

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State Law reference— Plant quarantine and pest control, Food and Agricultural Code § 5001 et seq.; authority of County Agricultural Commissioner as an enforcing officer of all laws and regulations relating to prevention of the introduction into, or the spread within, the State of pests, Food and Agricultural Code § 5101.

This article shall be known and may be referred to in all proceedings as the Vine Mealybug Ordinance.

(Code 1997, § 8.14.010; Ord. No. 4641, 2003)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate means either an original certificate signed by an authorized representative of the Commissioner after inspection or a certificate authorized for use by the Commissioner under the terms of a compliance agreement, including, but not limited to, stamp type certificates issued according to the document "California Department of Food and Agriculture Approved Survey and Treatment Protocols for County Ordinance Certification of Vine Mealybug VMB Host Material."

Commercially packed grapes means grape berries hand harvested and immediately boxed, and transported to cooling chambers.

Infested area means the one-quarter-mile radius surrounding any area where a female VMB has been officially identified by the California Department of Food and Agriculture (CDFA).

Non-infested area means the Commissioner or authorized representative has conducted a survey, in a manner approved by the California Department of Food and Agriculture (CDFA) according to the document "California Department of Food and Agriculture Approved Survey and Treatment Protocols for County Ordinance Certification of VMB Host Material," and determined that the VMB pest does not occur within one-quarter mile of the place of origin of the regulated commodity or article.

Treatment means treated in a manner approved by the California Department of Food and Agriculture according to the document "California Department of Food and Agriculture Approved Survey and Treatment Protocols for County Ordinance Certification of VMB Host Material."

Vine mealybug means the insect known as Planoccus ficus.

(Code 1997, § 8.14.020; Ord. No. 4641, 2003)

The regulated areas are declared to be all counties that do not have a VMB ordinance in force.

(Code 1997, § 8.14.030; Ord. No. 4641, 2003)

The following items are regulated commodities and articles for purposes of this article:

A. All species of Vitis (grape), including plants and all plant parts, including plant debris, except commercially packed grapes, juice, raisins and cleaned seed, are declared to be host material.

B. Soil associated with grape host material and equipment.

C. Equipment.

(Code 1997, § 8.14.040; Ord. No. 4641, 2003)

The following restrictions are placed on items listed below:

A. All green-growing (bearing leaves) grapevines, dormant grapevines, grapevine cuttings (rooted or otherwise), grapevine propagative material, soil associated with grapevines are prohibited entry into or movement within the County unless accompanied by an origin or treatment certificate. When a certificate of treatment is issued, the origin commissioner shall notify, within 24 hours, the intended destination commissioner of the name and address of the consignee.

B. No person shall move or ship into the County any grapes (fruit/berries), except packed grapes and raisins, from an infested county, except under one of the following conditions:

1. The shipment is transiting through the County or to a winery in the County for processing without delay or diversion with proper safeguards to prevent dispersal of VMB life states;

2. The shipment is certified as originating from a non-infested area; or

3. The shipment is certified as originating from a vineyard that has been treated in a manner approved by the CDFA.

C. Equipment shall be cleaned of host material and soil prior to movement into or within the County when originating from a regulated area.

D. Any person that receives a regulated commodity or article shall notify the Commissioner upon its arrival and hold it until released by the Commissioner.

(Code 1997, § 8.14.050; Ord. No. 4641, 2003)

A. Certificate of origin. Regulated host material and soil are admissible or may move within the County when originating from a non-infested area and accompanied by a certificate of origin with the additional declaration, "No VMB infestation is known to exist within one-quarter mile of the area where (name the regulated commodity or article) was (either grown or used)." In lieu of a certificate of origin, movement within the County may be provided for under the terms of a compliance agreement between the Commissioner and shipper.

B. Certificate of treatment. Regulated host material and soil are admissible or may move within the County when treated in a manner approved by the California Department of Food and Agriculture and accompanied by a treatment certificate with an additional declaration stating the treatment performed. In lieu of a certificate of treatment, movement within the County may be provided for under the terms of a compliance agreement between the Commissioner and shipper.

(Code 1997, § 8.14.060; Ord. No. 4641, 2003)

Any interested party may petition the Commissioner in writing to obtain an exemption from this article.

(Code 1997, § 8.14.070; Ord. No. 4641, 2003)

Shipments found in violation of this article shall be rejected and shall either be immediately shipped out of the County (or area) as directed by the Commissioner or destroyed at the expense of the owner. The Commissioner may establish a designated area where approved treatments may be conducted at the owner's expense and under the supervision of the Commissioner.

(Code 1997, § 8.14.080; Ord. No. 4641, 2003)

State Law reference— Authority of County Agricultural Commissioner to undertake pest mitigation or abatement procedures regarding shipments believed to be infected or found to be infected with pests, Food and Agricultural Code § 6301 et seq.

Each violation of this article shall be punishable according to the general penalties described in Chapter 1.24.

(Code 1997, § 8.14.090; Ord. No. 4641, 2003)