Chapter 5 — Apple Maggot Infestation Control

Article 1. - General Provisions

(Add. Ord. 4132—5/20/97)

9511 - Findings.

The following findings of fact are hereby adopted:

(a)

The apple maggot is a serious pest not known to occur in the Cuyama Valley. To protect the County's apple industry, it is necessary to restrict movement of apple maggot hosts and possible apple maggot carriers into those portions of the Cuyama Valley that lie within Ventura County and to treat orchards within such portions of the Cuyama Valley in which the apple maggot is detected.

(b)

The Cuyama Valley is geographically isolated from any population centers and is not traversed by any major highways. There are no certified farmers' markets, noncommercial apple production, or roadside vending of apples in the Cuyama Valley. The Cuyama Valley is secluded and rural in nature, making it practical to maintain apple maggot-free status. In addition, portions of the Cuyama Valley that lie in Santa Barbara, San Luis Obispo and Kern Counties are currently regulated under their respective county ordinances pertaining to apple maggot infestation control.

9512 - Definitions.

Whenever in this Article the following words or phrases are used, they shall have the following described meanings:

(a)

"Agricultural Commissioner" shall mean the Agricultural Commissioner of the County of Ventura or any of his or her deputies.

(b)

"Apple maggot" shall mean Rhagoletis pomonella, which is a two-winged fly whose larvae burrow and feed in apples.

(c)

"Apple maggot hosts and possible apple maggot carriers" shall mean apple fruit and apple trees.

(d)

"Conventional pest control practices" shall mean treatment with pesticides at label dosages and on a schedule effective against the apple maggot.

(e)

"Processed" shall mean having undergone "processing" as defined by Section 42519 of the Food & Agricultural Code.

(f)

"Regulated area" shall mean the following described portions of the Cuyama Valley and its environs: that portion of Ventura County within Township 08N Range 24W S.B.M. and Township 07N Range 23W S.B.M.

9513 - Prohibition on bringing apples into regulated area.

No person shall bring or cause any other person to bring into the regulated area from any location outside the regulated area apple maggot hosts and possible apple maggot carriers, except for the following:

(a)

Commercially packed apple fruit produced using conventional pest control practices.

(b)

Commercially packed apple fruit produced in compliance with, and certified for sale as organic food pursuant to, the California Organic Foods Act of 1990 provided the producing orchard was trapped in accordance with applicable regulations and found to be free of the apple maggot.

(c)

Apple trees that are free of fruit and either bareroot or certified by agricultural officials of the place of origin as having been treated with a soil drench effective against the apple maggot.

(d)

Apple fruit that has been processed in compliance with any and all applicable regulations.

(e)

Apple fruit and apple trees being transported in bulk through the regulated area to a destination outside the regulated area.

(f)

Apple fruit being transported in quantities of no more than 25 pounds per load.

9514 - Abatement of infestations.

(a)

If the apple maggot is detected in an orchard in the regulated area, the pest shall be abated by the orchard owner at the orchard owner's expense using conventional pest control practices in a manner approved by an under the supervision of the Agricultural Commissioner. The owner shall reimburse the Agricultural Commissioner for the cost of supervising the abatement.

(b)

If the apple maggot is detected in an orchard in the regulated area and the pest is not abated by the orchard owner in full compliance with subdivision (a) of this section, the pest shall be abated by the Agricultural Commissioner at the orchard owner's expense as provided in Section 5401 et seq. of the Food & Agricultural Code.

(c)

No person shall remove apple fruit from an orchard in the regulated area in which the apple maggot has been detected, unless either the pest has first been abated pursuant to subdivision (a) or (b) of this section or the Agricultural Commissioner has issued written authorization for such removal and the removal is conducted in full compliance with such authorization.

9516 - Violations.

Any person who violates any of the provisions of Section 9513, or of subdivisions (a) or (c) of Section 9514, is guilty of a misdemeanor.