Nevada County Municipal Code Ch. 3 Trees and Plants

A. Grape Phylloxera means the insect Phylloxera Vitifoliae.

B. Infested with Grape Phylloxera means that Grape Phylloxera has been detected and not eradicated.

C. Competent Annual Survey means a survey conducted annually using known methods for the detection of Grape Phylloxera.

D. Western Grapeleaf Skeletonizer or "GLS" shall mean the insect Harrisina brillians.

E. GLS Infested Area shall mean an area in which GLS has been detected and not eradicated.

F. Green-Growing Grapevines shall mean grapevine plants with leaves which, unlike dormant grapevines without leaves, are at risk from GLS infestation.

G. Growing or Holding Area shall mean a specific grapevine nursery stock growing ground or holding location plus all land within one (1) mile of the exterior perimeter of such growing ground or holding location.

A. Form of Certificates. All certificates required by this section shall be on California Department of Food and Agriculture Form 66-079, "Certificate of Quarantine Compliance," as such may be amended from time to time.

B. Grape Phylloxera.

1. Certificate Required. All inter-county shipments of grapevines and cuttings, rooted or otherwise, must be certified by the Agricultural Commissioner at the point of origin as free of Grape Phylloxera or treated as stated in this subsection.

2. Origin Certificate. 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. Treatment Certificates. If no Competent Annual 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 (1) of the following methods of treatment, and so certified:

a. Hot Water Treatment: Complete submergence in water at a temperature not less than one hundred twenty-five (125) degrees Fahrenheit for five (5) minutes or one hundred thirty (130) degrees Fahrenheit for three (3) minutes.

b. 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 (2) pounds of Methyl Bromide per one thousand (1,000) cubic feet for a period of at least three (3) hours at a temperature of not less than sixty-five (65) degrees Fahrenheit. The fan is to be operated during and for ten (10) minutes after the injection of the gas.

C. Western Grapeleaf Skeletonizer.

1. Certificate Required. No green-growing grapevines originating outside the County of Nevada, but inside the State of California, shall be shipped to, off-loaded, distributed, stored or planted within the County of Nevada unless accompanied by an origin certificate or a treatment certificate.

2. Origin Certificate. Origin Certificates may be issued only when the Agricultural Commissioner or their duly authorized representatives in the shipping county has surveyed for GLS and has determined that GLS does not occur in the growing or holding area. Such determination shall be indicated on the Origin Certificate by a written statement that "no GLS is known to exist in the area where the vines were grown or held."

3. Treatment Certificates. Green-growing grapevines originating from un-surveyed or GLS-infested areas shall be accompanied by a certificate affirming that the grapevines have been treated by at least one (1) of the following methods:

a. Treatment with six (6) to eight (8) pounds of cryolite per acre, with thorough coverage.

b. Other insecticidal treatment approved in writing by the Nevada County Agricultural Commissioner.

No intrastate shipment of grapevines, cuttings, or green-growing grapevines, rooted or otherwise, destined for the County of Nevada shall be off-loaded within the County of Nevada prior to reaching its destination. Upon arriving at such destination, each shipment shall be held until the certificates required by this Chapter have been reviewed and the shipment has been inspected by the Nevada County Agricultural Commissioner or their duly authorized representative.

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. Inspections will be required for any/all equipment transported over or working on vineyard properties.

All such equipment shall be held upon arrival in the County of Nevada until released by the County Agricultural Commissioner, or their inspector. All such equipment will be inspected and released if:

A. Accompanied by a certificate signed by the Agricultural Commissioner, or their inspector, at origin stating that such equipment has not previously been used in an infested area; or

B. Certified by the Agricultural Commissioner or their inspector at origin as having been thoroughly cleaned and free of all soil and debris immediately prior to leaving that area of infestation;

C. All such equipment found contaminated with soil and debris and not certified as required in subparagraph A. above:

1. May be refused movement from that area; or

2. Shall be treated at the owner's expense in an area designated by and under the supervision of the Agricultural Commissioner or their inspector. The location of said cleaning operation shall be designated by the Agricultural Commissioner.

A. Following inspection in accordance with County requirements and prior to any further distribution, storage or use, the person receiving any intrastate shipment of plants which are infected as described herein shall, upon written request by the Nevada County Agricultural Commissioner or their duly authorized representatives, treat such plants in whatever manner is determined by the Commissioner or their representatives to be reasonably necessary to prevent the introduction or spread of the infestation.

B. If any infestation of any pest as described herein is located within Nevada County, any vines or cuttings from the infested property shall be treated in whatever manner is determined by the Commissioner or their representatives to be reasonably necessary to prevent the introduction or spread of the infestation.

C. Any equipment as described in this code may be refused movement from the infested area or be treated at the owner's expense under the direction of the Agricultural Commissioner.

Any person, firm, partnership, association, or corporation who violates or causes the violation of any of the provisions of this Section shall be guilty of a misdemeanor.