Monterey County Municipal Code Ch. 10.81 Protection from Apple Maggot Fruit Fly

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

(Ord. 3700, 1993)

"Agricultural Commissioner" shall mean the Agricultural Commissioner of Monterey County.

"Compliance agreement" shall mean a written agreement into which the Agricultural Commissioner may enter with any person which provides for the movement of hosts or other possible carriers of any pest from one area of the State to another by establishing the treatment, harvesting, packing, and handling requirements that may be necessary to assure that the hosts or carriers are not infested. (Ref. Section 5705, Food and Agricultural Code.)

"County" shall mean the County of Monterey.

(Ord. 3700, 1993)

Apple maggot fruit fly (Rhagoletis pomonella) is a serious apple pest not known to occur in Monterey County. Economic losses would be suffered by the County's apple growing industry were this insect pest introduced. Unmarketable fruit or loss of ability to export fruit to markets outside of California and to markets overseas are the likely outcome of infestation by apple maggot fruit fly. The Director of the California Department of Food and Agriculture has been compelled, for budgetary reasons, to curtail all funding for local apple maggot fruit fly trapping. The Director also intends to dismantle existing apple maggot fruit fly quarantines which currently afford protection to our local apple industry. Lacking a quarantine or funding to conduct a detection trapping program leaves our apple industry exposed and vulnerable to this pest. This ordinance restores the protection lost through the abandonment of the quarantine and the termination of State funding.

(Ord. 3700, 1993)

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

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

2. Apple trees.

B. No person shall transport or in any way bring into the County any host or other possible carrier except as follows:

1. Commercially packed apples produced using conventional pest control practices are not restricted. "Conventional pest control practices" shall mean treatment with pesticides at label dosages and on a schedule effective against apple maggot fruit fly.

2. Commercially packed organic apples (apples produced by growers in compliance with and registered under the California Organic Foods Act of 1990) may enter the County if the producing orchard was trapped and found negative for apple maggot fruit fly.

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

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

(Ord. 3700, 1993)

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. Costs for monitoring compliance with the agreement and inspection of incoming shipments shall be reimbursed to the Agricultural Commissioner by the importer.

(Ord. 3700, 1993)

If apple maggot fruit fly 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 Agricultural Commissioner. The owner shall also reimburse the Agricultural Commissioner for the cost of supervising the treatment.

(Ord. 3700, 1993)

If apple maggot fruit fly is detected in an orchard and the aforementioned treatment is not conducted as required, the pest shall be abated as provided in Section 5401 et seq., Food and Agricultural Code of California.

(Ord. 3700, 1993)

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

(Ord. 3700, 1993)