San Benito County Municipal Code Ch. 19.35 Apple Maggot Protection

Section

Cross-reference:

Agricultural Provisions, see Chapter 19.01 of this code

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

(1966 Code, § 18B-1) (Ord. 644, § 1(part))

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGRICULTURAL COMMISSIONER. The Agricultural Commissioner of San Benito County.

COMPLIANCE AGREEMENT. A written agreement into which the Agricultural Commissioner may enter with any person, which agreement regulates 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 (Cal. Food and Agricultural Code § 5705).

COUNTY. The County of San Benito.

(1966 Code, § 18B-2) (Ord. 644, § 1(part))

(A) The following articles and commodities are declared as hosts and possible carriers of apple maggot:

(1) Apple fruit, of both commercial and non-commercial production; and

(2) Apple trees.

(B) Hosts and possible carriers are prohibited entry into San Benito County except as follows:

(1) Commercially packed apples produced using conventional pest control practices are not restricted. CONVENTIONAL PEST CONTROL PRACTICES means treatment with pesticides at label dosages and on a schedule effective against apple maggot;

(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;

(3) 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 Agricultural Commissioner; and

(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 may enter the county, subject to inspection.

(1966 Code, § 18B-3) (Ord. 644, § 1(part))

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.

(1966 Code, § 18B-4) (Ord. 644, § 1(part))

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 Agricultural Commissioner. The owner shall also reimburse the Agricultural Commissioner for the cost of supervising the treatment.

(1966 Code, § 18B-5) (Ord. 644, § 1(part))

If apple maggot is detected in an orchard and the aforementioned treatment is not conducted as required, the pest shall be abated as provided in Cal. Food and Agriculture Code §§ 5401 et seq.

(1966 Code, § 18B-6) (Ord. 644, § 1(part))

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

(1966 Code, § 18B-7) (Ord. 644, § 1(part))

Any person, firm, partnership, association or corporation who violated or causes the violation of any provision of this chapter shall be guilty of a misdemeanor which, upon conviction thereof, shall be punishable by a fine up to maximum allowable for a misdemeanor by Cal. Penal Code § 19 or by imprisonment in the county jail for a period up to maximum period allowable for a misdemeanor by Cal. Penal Code § 19 or by both the fine and imprisonment.

(1966 Code, § 18B-8) (Ord. 644, § 1(part))

Any violation of this chapter or any violation of any compliance agreement entered into pursuant to this chapter is unlawful and a public nuisance, and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(1966 Code, § 18B-9) (Ord. 644, § 1(part))

(A) No application for a permit, license, entitlement or other grant of approval shall be accepted by any county department until any violation of the chapter is determined cleared by the Agricultural Commissioner, unless the application is for the purpose of clearing the violation.

(B) Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 18B-10) (Ord. 644, § 1(part))