El Dorado County Municipal Code Art. V Apple Maggot Control

A. Apple maggot, Rhagoletis pomonella, is a serious apple pest not known to occur in the County. To protect the County's apple industry, it is necessary to restrict movement of hosts and possible carriers into the County and to treat any commercial orchard in which the pest is detected.

B. The following articles and commodities are declared as hosts and possible carriers of apple maggot:

1. Apple fruit, of both commercial and noncommercial production.

2. Apple trees.

(Code 1997, §§ 8.18.010, 8.18.020)

Hosts and possible carriers are prohibited entry into the County except as follows:

A. Commercially packed apples produced using conventional pest control practices are not restricted. The term "conventional pest control practices" means treatment with synthetic pesticides at label dosage and on a schedule effective against apple maggot.

B. Commercially packed organic apples (apples produced by growers in compliance with and registered under the California Organic Products Act of 2003, Health and Safety Code § 110810 et seq.) may enter the County if the producing orchard was trapped and found negative for apple maggot.

C. Commercially produced apples may enter the County in bulk for packing, juicing, selling, and processing only under a compliance agreement between the importing company or person and the County Agricultural Commissioner.

D. Apple trees which are free of fruit and are bareroot, or free of fruit and certified by origin agricultural officials as being treated with a soil drench effective against apple maggot may enter the County, subject to inspection.

(Code 1997, § 8.18.030)

Compliance agreements shall specify the conditions under which bulk fruit may enter the County and the manner in which fruit and fruit waste shall be handled by the importing company.

(Code 1997, § 8.18.040)

Any article found to have been transported into the County in violation of any provision of this article is subject to seizure and disposition under the direction and control of the County Agricultural Commissioner. Options for disposition include destruction, holding of articles pending provision of proper certification, returning to the point of origin, or shipping out of the County. The disposition of the articles shall be at the expense of the importing company or person.

(Code 1997, § 8.18.050)

A. If apple maggot is detected in a commercial orchard, the orchard shall be treated at the cost of the orchard owner using conventional pest control practices in a manner approved by and under the supervision of the County Agricultural Commissioner.

B. If apple maggot is detected in an orchard and the treatment specified in Subsection A of this section is not conducted as required, the pest shall be abated as provided in Food and Agricultural Code § 5401 et seq.

C. Fruit from an orchard in which apple maggot has been detected is prohibited from any movement from said orchard unless the aforementioned treatment is conducted or the fruit is moved for processing under written authorization of the County Agricultural Commissioner.

(Code 1997, § 8.18.060)

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