Article 3. Citrus Nursery Stock Pest Cleanliness Program of California Food And Agricultural Code >> Division 4. >> Part 3. >> Chapter 2. >> Article 3.

This article shall apply only to citrus nursery source propagative trees. For purposes of this article, a "citrus nursery source propagative tree" means a citrus tree registered by the department that meets the following criteria:
  (a) Is not planted, grown, or maintained under the auspices of the California Citrus Clonal Protection Program.
  (b) Is planted, grown, or maintained to serve as a source of material for the propagation of citrus trees, including seeds, cuttings, buds, budsticks, tissue-cultured materials, or graft sticks.
  (c) Was tested in accordance with prescribed testing protocols of the department and determined to be negative for specific pathogens.
  (d) Is in compliance with all provisions of Section 3060.2 of Title 3 of the California Code of Regulations.
  (e) Falls within the department's prescribed registration timeframes.

(a) The department shall develop and establish the Citrus Nursery Stock Pest Cleanliness Program to protect citrus nursery source propagative trees from harmful diseases, pests, and other risks and threats. This program shall be administered by the secretary.
  (b) The secretary shall consider input from interested parties as to the feasibility, cost, justification, and effectiveness of the program when developing components of the program.
  (c) The program shall include all of the following:
  (1) Require that a person who, by any method of propagation, produces any citrus nursery stock shall comply with all eligibility requirements and testing protocols issued by the secretary.
  (2) Establish inspection requirements and testing standards, including retesting and other measures to ensure the accuracy and timeliness of test results.
  (3) Specify phase-in periods or effective dates for the regulations and for various requirements specified in the regulations.
  (4) Define relevant terms. All relevant terms, including, but not limited to, "person," "sale," "nursery stock," and "plant" that are listed and defined in this code shall apply to the program.
  (5) Comply with all applicable federal and state quarantine requirements, with regulations establishing pest cleanliness standards for pests other than pathogens or nonpathogenic disorders, and with disclaimer of warranties and financial responsibility requirements specified in Section 3069 of Title 3 of the California Code of Regulations.
  (d) The secretary may also adopt and enforce regulations that are necessary to carry out the purposes of this article.

(a) There are important diseases and pathogens that currently cannot be included in the program because valid and reliable testing methods and practical testing protocols do not exist for determining their absence from citrus trees intended for use as registered sources of citrus propagative stock. Important diseases and pathogens that threaten the citrus industry shall be included in the program within 45 days after valid and reliable diagnostic protocols have been developed and proven to be efficient and effective for the purpose of ensuring that citrus trees registered as sources of citrus propagative stock are tested and determined to be free of the diseases and pathogens.
  (b) Criteria relative to the proven efficiency and effectiveness of disease diagnostics for the pathogens described in subdivision (a) shall include adequate diagnostics capacity to perform the required testing and its economic feasibility and practicality.

(a) The department may designate the following types of entities to perform the required disease and pathogen diagnostic testing and analysis under the program:
  (1) Entities that have responsibilities associated with the citrus industry and that derive their authority from this code.
  (2) Entities that are associated with a California public university.
  (3) Private entities with expertise in plant disease diagnostics that meet standards adopted by the secretary to ensure integrity of the sampling methods and results.
  (b) An entity authorized pursuant to subdivision (a) shall be proficient in the protocols for which it is approved by the department.
  (c) An entity authorized pursuant to this section shall be subject to reapproval by the department pursuant to regulations adopted as authorized by this article.
  (d) The department shall have no liability for any errors or omissions of an entity authorized pursuant to this section.

The secretary shall issue orders establishing rates or prices to cover the department's costs for its administration, testing, inspection, private laboratory approval and accreditation, and other services under the program established pursuant to this article, subject to the following:
  (a) The rates or prices shall take into consideration departmental cost savings associated with economy of scale factors.
  (b) The nursery stock license fees received by the department pursuant to Chapter 1 (commencing with Section 6701) and the costs of the administrative functions of the program shall be factored into the calculation of the rates or prices for the services provided by the department under this program.
  (c) The industry fees for the program, including those already collected pursuant to Chapter 1 (commencing with Section 6701), shall be sufficient to reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article. No moneys from the General Fund shall be used in this program.

This article shall be construed liberally to effectuate the Legislature's intent that an effective citrus nursery stock pest cleanliness program in the department be established and administered by the secretary.

The secretary may adopt regulations and issue orders as authorized by this article.