Stanislaus County Municipal Code Ch. 9.39 Apple Maggot Prevention Program

Food and Agricultural Code Sections 5202-5205, 5401-5436, and 6303(d).

(Ord. CS 536 §1, 1993)

Apple maggot, Rhagoletis pomonella, is a serious pest and a threat to the apple industry. To protect the county's apple industry it is necessary to restrict movement of hosts and possible carriers into the county and to treat any commercial orchards in which the pest is detected.

(Ord. CS 536 §1, 1993)

The following articles and commodities are declared to be hosts and possible carriers of apple maggot:

A. Apple fruit, of both commercial and noncommercial production;

B. Apple trees.

(Ord. CS 536 §1, 1993)

Hosts and possible carriers are prohibited entry into Stanislaus County except as follows:

A. Commercially packed apples produced using conventional pest control practices are not restricted. The term "conventional pest control practices" means treatment with pesticides at labeled dosages and on a schedule against apple maggot.

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

C. Commercially produced apples may enter the county in bulk for packing, juicing and processing under a compliance agreement between the importer and the county agricultural commissioner. The county agricultural commissioner 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 importer. The importer shall reimburse the county agricultural commissioner for the cost of monitoring agreement compliance and inspecting incoming shipments.

D. 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.

(Ord. CS 536 §1, 1993)

The county agricultural commissioner shall set and monitor traps for the apple maggot in all commercial apple orchards within the county in accordance with procedures established by the Director of the State Department of Food and Agriculture.

(Ord. CS 536 §1, 1993)

A. 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 county agricultural commissioner. The owner shall also reimburse the county agricultural commissioner for the cost of supervising the treatment.

B. 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 Food Agricultural Code Section 5401, et seq.

C. Fruit from an orchard in which apple maggot has been detected may not be moved from the orchard unless the aforementioned treatment is conducted or the fruit is moved for processing under written authorization of the county agricultural commissioner.

(Ord. CS 536 §1, 1993)

Any person, firm, partnership, association, or corporation who or which violates 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 the maximum amount allowed for a misdemeanor by Penal Code Section 19, or by imprisonment in the Stanislaus County jail for a period of up to the maximum period allowed for a misdemeanor by Penal Code Section 19, or by both such fine and imprisonment.

(Ord. CS 536 §1, 1993)