Glenn County Municipal Code § 7.20 Grape Phylloxera Control

• 7.20.010 Title

• 7.20.020 Definitions

• 7.20.030 Movement Or Shipment--Conditions

• 7.20.040 Movement Or Shipment--Certification Requirements

• 7.20.050 Equipment Controls

• 7.20.060 Certificates

• 7.20.070 Fees

• 7.20.080 Enforcement

• 7.20.090 Abatement, Return Or Treatment

This chapter shall be known and may be referred to in all proceedings as the Glenn County grape phylloxera control ordinance. (Ord. 561 § 1, 1973.)

As used in this chapter:

1. "Grape phylloxera" means the insect designated as Phylloxera Vitifoliae;

2. "Infested with grape phylloxera" means that evidence shows that grape phylloxera is present. (Ord. 561 § 2, 1973.)

Unless accompanied by a certificate, grapevines or cuttings rooted or otherwise cannot be shipped or moved:

1. From another county;

2. From one area within the county to another area in the county. (Ord. 561 § 3(1), 1973.)

1. Grapevines and cuttings, rooted or otherwise, must be certified at the point of origin.

2. Certification may be granted if a "competent annual survey" of the point of origin has been made by the county agricultural commissioner and a certificate has been issued stating that no grape phylloxera is known to exist in the area where the vines or cuttings were grown.

3. If no "annual competent survey" has been made, or if a survey has been made and the area is found to be infested with grape phylloxera, then all vines and cuttings originating from that area must be subjected to one of the following methods of treatment, and so certified:

   1. Hot Water Treatment. Complete submergence in water at a temperature not less than one hundred twenty-five degrees Fahrenheit nor more than one hundred thirty degrees Fahrenheit for not less than three nor more than five minutes.

4. Nicotine-Oil Dip. Complete submergence in oil and nicotine for a period of not less than ten minutes. The solution shall consist of one and one-half gallons of medium summer oil of viscosity from seventy-two to eighty (unsulphonated residue test of ninety-five or above), to which is added one pint of Blackleaf 40, one pint of sulphonated alcohol liquid spreader, and one hundred gallons of water. Such dip shall be renewed after dipping no more than four lots of vines, and at least once every twenty-four hours, and the solution shall be thoroughly agitated immediately prior to such dipping.

5. Methyl Bromide Fumigation. Atmospheric fumigation in an approved gas tight fumigation chamber, equipped with a heating unit, fan for dispersal of gas and clearing chamber of gas after fumigation, and an interior thermometer (visible from the outside), with a dosage of not less than two pounds of methyl bromide per one thousand cubic feet for a period of at least three hours at a temperature of not less than sixty-five degrees Fahrenheit, the fan to be operated during and for ten minutes after the injection of the gas. (Ord. 561 § 3(2), 1973.)

These rules govern the movement of any farming implements, machinery and field equipment, tractors, grape picking boxes, used grape stakes, or other appliances which have been used or operated in culturing, harvesting, or transporting within the vineyard. No such equipment shall be used until inspected and released by the county agricultural commissioner or his or her inspector, in the area of origin. All such equipment will be inspected and released if:

1. Accompanied by a certificate signed by the agricultural commissioner or his or her inspector at origin stating that such equipment has not previously been used in an infested area; or

2. Certified by the agricultural commissioner or his or her inspector at origin as having been thoroughly cleaned and free of all soil and debris immediately prior to leaving that area of infestation. All such equipment found contaminated with soil and debris, and not certified as in Section 7.24.040:

   1. May be refused movement from that area.

   2. Shall be treated at the owner's expense in an area designated by and under the supervision of the agricultural commissioner or his or her inspector. The location of the cleaning operation shall be designated by the commissioner. (Ord. 1269 § 10, 2018; Ord. 561 § 4, 1973.)

The agricultural commissioner's office will be responsible for designing the proper certificate or certificates containing the complete information as required under this chapter. (Ord. 561 § 5, 1973.)

Fees shall be charged by the agricultural commissioner to administer this chapter in accordance with a schedule prescribed and adopted by resolution of the board. (Ord. 561 § 6, 1973.)

The county agricultural commissioner shall enforce the provisions of this chapter, and shall have free access by all legal means during business hours to all premises, buildings and growing ground where grapevines or cuttings, rooted or otherwise, may be growing or stored. (Ord. 561 § 7, 1973.)

Unless grapevines and cuttings, rooted or otherwise, are in compliance with Sections 7.20.030 and 7.20.040, or brought into compliance, they may be immediately destroyed or returned to point of shipment by, or under the supervision of the commissioner, at the option and expense of the owner or person in possession. (Ord. 561 § 8, 1973.)