El Dorado County Municipal Code Art. VI Control of Glassy-Winged Sharpshooter

This article shall be known and may be referred to in all proceedings as the Glassy-Winged Sharpshooter Control Ordinance.

The glassy-winged sharpshooter (GWSS), Homalodisca coagulata, is a serious pest that is capable of transmitting Pierce's disease, Xylella fastidosa, neither of which is known to occur in the County. This article is to protect the County agriculture industry, particularly the wine grape industry, from the introduction of the Homalodisca coagulata, glassy-winged sharpshooter, which is a vector of Xylella fastidosa, the causal agent of Pierce's disease, and to treat any infested sites, subject to feasibility.

(Code 1997, § 8.19.010; Ord. No. 4559, 6-27-2000)

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:

Host material and carriers means shipments of bulk grapes and all nursery stock identified as a glassy-winged sharpshooter (GWSS) oviposition or food host plant by the California Department of Food and Agriculture (CDFA), except when in the form of seeds, bulbs, stolons, tubers, corms, pips, buds, or when otherwise specified by the CDFA.

Infestation means the detection of five or more adult GWSS within any five-day period and within a 300-yard radius, or if a fresh viable GWSS egg mass or nymph is found other than in association with a shipment of plant material, or if multiple GWSS life stages are present in a nonregulatory situation. If no additional GWSS are detected within one complete GWSS life cycle, the infestation designated may be removed by the CDFA.

Infested area means that area within one mile of a GWSS infestation.

Infested county means one in which one or more GWSS infested areas are located as confirmed by the CDFA. Counties may be designated as partially infested after surveys have been completed to the satisfaction of the CDFA.

(Code 1997, § 8.19.020; Ord. No. 4559, 6-27-2000)

The glassy-winged sharpshooter, Homalodisca coagulata, is a serious grape pest not known to occur in the County. This insect is a vector of the Pierce's disease bacteria, Xylella fastidosa, which causes the rapid decline and death of grape vines. Once established, there is no economically feasible control of the insect to mitigate the spread of Pierce's disease. There is no efficacious treatment for grape vines infected with Pierce's disease. Economic losses would be suffered by the County's grape industry if this insect pest were introduced. The State has no quarantine against the glassy-winged sharpshooter. This article provides protection to the County's grape industry.

(Code 1997, § 8.19.030; Ord. No. 4559, 6-27-2000)

No person shall move or ship into the County any host plant from an infested county, except under the following conditions:

A. The shipment is transiting the County to a destination outside of the County without undue delay or diversion;

B. The shipment has been treated with a registered pesticide following label requirements, approved by the CDFA, to eliminate GWSS;

C. The agricultural commissioner of the origin county has inspected and found the shipment free of GWSS; or

D. The shipment originates from a non-infested premises as determined by the agricultural commissioner at origin; and

E. Each shipment, except transiting shipments, shall be accompanied by a certificate issued by the agricultural commissioner of the origin county affirming that the shipment is in compliance with the requirements of this article. Alternative certification procedures may be used when the shipper has signed and is operating under a compliance agreement with the agricultural commissioner of the origin county to ensure that the requirements of this article are met.

(Code 1997, § 8.19.040; Ord. No. 4559, 6-27-2000)

No person shall move or ship into the County any bulk grapes from an infested county, except under the following conditions:

A. The shipment is transiting the County to a destination outside of the County without undue delay or diversion;

B. The shipment has been treated with a registered pesticide following label requirements, approved by the CDFA, to eliminate GWSS;

C. The shipment originates from a non-infested vineyard as determined by surveys conducted by the agricultural commissioner at origin and the grapes are monitored for GWSS prior to and during harvest; or

D. The shipment is being moved under a CDFA-approved pest mitigation protocol which requires both origin and destination county compliance agreements; and

E. Each shipment, except transiting shipments, shall be accompanied by a certificate issued by the agricultural commissioner of the origin county affirming that the shipment is in compliance with the requirements of this article. Alternative certification procedures may be used when the shipper has signed and is operating under a compliance agreement with the agricultural commissioner of the origin county to ensure that the requirements of this article are met.

(Code 1997, § 8.19.050; Ord. No. 4559, 6-27-2000)

A. Uncertified host material; viable GWSS. Shipments of restricted host material, arriving without certification or in which a viable GWSS life stage is detected, will be treated or destroyed under the supervision of the Agricultural Commissioner, returned to origin, or shipped to an approved destination within the infested area. The owner of the shipment is responsible for the costs of the aforementioned options. The Agricultural Commissioner may charge the owner of the shipment for the cost of supervising the treatment or destruction of the shipment.

B. Treatment of infestation.

1. Agricultural areas. If a glassy-winged sharpshooter infestation is detected in any agricultural setting within the County, including, but not limited to, vineyards, orchards, or production or retail nurseries, the pest shall be treated at the cost of the property owner or leaseholder, in a manner approved by and under the supervision of the Agricultural Commissioner. If the aforementioned treatment is not conducted as required by the Agricultural Commissioner, the pest shall be abated as provided in Food and Agricultural Code § 5401 et seq.

2. Urban or residential areas. If a GWSS infestation is detected in urban or residential areas of the County, the infestation will be delimited and eradicated where feasible. If eradication is not feasible, the perimeter of the infestation will be monitored, and the infestation will be contained within the smallest possible area.

(Code 1997, § 8.19.060; Ord. No. 4559, 6-27-2000)

Host material from a nursery, vineyard, orchard, or other area in the County in which a glassy-winged sharpshooter infestation has been detected is prohibited movement from said location unless the host material is treated, handled, or processed under the supervision of the Agricultural Commissioner. The Agricultural Commissioner may charge the owner of the shipment for the cost of supervising said activities.

(Code 1997, § 8.19.070; Ord. No. 4559, 6-27-2000)

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

(Code 1997, § 8.19.080; Ord. No. 4559, 6-27-2000)