1. (a) Proclamation. The secretary finds that infestations of pink bollworm and cotton boll weevil in cotton growing areas of California present a threat of further spread of pink bollworm and cotton boll weevil and that it is impracticable to eradicate said pests or to prevent the continuing spread of said pests unless cotton plants are not grown, cultivated, or maintained during certain periods of time.

2. (b) Definitions. The following definitions are applicable to this section.

   1. (1) Pests. Pink bollworm (Pectinophora gossypiella) and cotton boll weevil (Anthonomus grandis).
   2. (2) Hosts. Cotton (Gossypium), okra (Abelmoschus [Hibiscus] esculentus), and kenaf (Hibiscus cannibinus) plants and parts thereof, or any other plant which by investigation is shown to be capable of sustaining pink bollworm or cotton boll weevil in any stage of development.

3. (c) Host-Free Districts. The following areas are declared cotton pests host-free districts.

   District 1. The entire counties of Inyo, Los Angeles, and San Diego and the entire county of San Bernardino except that portion described as follows: beginning at a point where U.S. Highway 95 intersects the California-Nevada border, then southerly along said highway to the San Bernardino-Riverside County line, east along said county line to the California-Arizona border, then easterly and northerly along the California-Arizona and California-Nevada borders to the point of beginning.

   District 2. The entire counties of Kern, Kings, and Tulare.

   District 3. The entire county of Fresno south of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County.

   District 4. The entire counties of Madera, Merced, and San Benito and that portion of Fresno County north of Shields Avenue and projected lines drawn due east and due west from the ends of Shields Avenue through Fresno County.

   District 5. The entire county of Riverside except the campus of the University of California at Riverside, that portion of San Bernardino County not in District 1, and Townships 9S and 10S of Imperial County.

   District 6. That portion of Imperial County described as follows: that area bounded by the California-Arizona border, the California-Mexico border, and the All American Canal from the Pilot Knob Power Station to Laguna Dam.

   District 7. That portion of Imperial County not included in Districts 5 and 6.

4. (d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (f) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (f) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (f) below by December 31 of each year. All cotton plants in District five shall be destroyed in a manner described in subsection (f) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (f) below by December 15 of each year. All cotton plants in District seven shall be terminated in a manner described in subsection (e) below by October 1 of each year and destroyed in a manner described in subsection (f) below by December 1 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in District six prior to February 15 of each year. No cotton shall be planted in District seven prior to February 10 of each year.

   Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time.

   Requirements of this regulation do not pertain to picked cotton stored in ricks or modules.

   Unless otherwise amended, effective January 1, 2000 subsection (d) shall read:

5. (d) Requirements. All cotton plants in District one shall be destroyed in a manner described in subsection (e) below by March 1 of each year. All cotton plants in Districts two and three shall be destroyed in a manner described in subsection (e) below by December 20 of each year. All cotton plants in District four shall be destroyed in a manner described in subsection (e) below by December 31 of each year. All cotton plants in Districts five and seven shall be destroyed in a manner described in subsection (e) below by January 1 of each year. All cotton plants in District six shall be destroyed in a manner described in subsection (e) below by December 15 of each year. No cotton shall be planted in Districts one or five prior to March 1 of each year. No cotton shall be planted in Districts two, three, or four prior to March 10 of each year. No cotton shall be planted in Districts six or seven prior to February 15 of each year.

   Okra, kenaf, and other hosts except cotton may be planted, grown, cultivated, or maintained in any district at any time.

   Requirements of this regulation do not pertain to picked cotton stored in ricks or modules.

6. (e) Method of Termination. To comply with termination requirements described in subsection (d), cotton plants shall be terminated by the application, at label dosages, of a chemical registered for use on cotton plants to cause the blooms, squares, and immature bolls to drop from the plants.

   1. (e) Method of Destruction.

      1. (1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition and assures that bolls remaining in the field are broken open and the parts scattered.
      2. (2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil.

   Unless otherwise amended, effective January 1, 2000 subsection (e) shall read:

7. (f) Method of Destruction.

   1. (1) Shredding. All cotton stalks and debris shall be shredded by a power driven shredding device in a manner which effectively reduces stalks to a particle size permitting burial and decomposition, and assures that bolls remaining in the field are broken open and the parts scattered.

   2. (2) Tillage. Following shredding as required above, the land on which any cotton plants were growing during the preceding season shall be tilled in such a manner that stubs are uprooted and loosened from soil around their roots. Roots, plant stubs, shredding debris and trash remaining from harvesting or clean-up operations shall be mixed with surface soil.

      Unless otherwise amended, effective January 1, 2000 subsection (f) shall read:

   3. (f) Variances.

      1. (1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsection (d) and (e) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable.
      2. (2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes.

8. (g) Variances.

   1. (1) Upon written application for a variance the secretary, after consultation with the agricultural commissioner, may grant a variance from full compliance with requirements of subsections (d), (e), or (f) when the applicant demonstrates to the secretary in said written application that compliance has been accomplished to the fullest extent practicable.
   2. (2) The secretary may grant a variance to growers on an areawide or statewide basis in case of extreme hardships resulting from adverse natural causes.

   3. (3) The secretary authorizes the agricultural commissioner of the county which includes District seven to grant variances to growers in District seven from compliance with the termination requirements of subsection (d). The secretary finds that it would be detrimental to the eradication or effective control of the pests to extend this variance authorization to all other districts or periods. The variances from compliance with the termination requirement may be granted under the following conditions:

      1. (A) The variance may allow a grower to delay termination of a maximum of 30% of the grower's total acreage until October 7, provided that the same grower also terminates an equal or greater acreage by September 25.
      2. (B) The grower shall enter into a compliance agreement with the agricultural commissioner by September 20 of the year for which the variance is requested.

      3. (C) All growers in District seven are eligible for the variance if the above conditions are met.

         Unless otherwise amended, effective January 1, 2000 subsection (g) shall be repealed.

Note: Authority cited: Sections 407, 5322 and 5781, Food and Agricultural Code. Reference: Sections 5322, 5552 and 5781-5784, Food and Agricultural Code.

History

1. Amendment filed 3-23-78 as an emergency; effective 4-10-78 at 12:01 a.m. (Register 78, No. 12). For prior history, see Register 78, No. 9.

2. Amendment of subsection (f) filed 5-1-78 as an emergency; effective upon filing (Register 78, No. 18).

3. Certificate of Compliance as to 3-23-78 order filed 6-1-78 (Register 78, No. 22).

4. Certificate of Compliance as to 5-1-78 order filed 7-3-78 (Register 78, No. 27).

5. New subsection (f)(3) filed 1-31-78 as an emergency; effective upon filing and only through 3-1-79 (Register 79, No. 5).

6. Editorial removal of subsection (f)(3) (Register 79, No. 19).

7. Amendment of subsection (d) filed 7-23-81; effective thirtieth day thereafter (Register 81, No. 30).

8. Amendment filed 1-4-89; operative 1-4-89 (Register 89, No. 11).

9. Amendment of last paragraph in subsections (d) and (e) and new subsection (g)(3) filed 12-2-91; operative 1-1-92 (Register 92, No. 9).

10. Amendment filed 11-10-94; operative 1-1-95 (Register 94, No. 45).

11. Amendment of subsection (d) and Note filed 10-18-95; operative 11-17-95 (Register 95, No. 42).

12. Amendment of subsection (d) filed 10-23-96; operative 11-22-96 (Register 96, No. 43).

13. Amendment of subsections (d)-(g) filed 11-20-97; operative 12-31-97 (Register 97, No. 46).

14. Amendment of both versions of subsection (d) filed 1-12-98 as an emergency; operative 1-12-98 (Register 98, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-12-98 or emergency language will be repealed by operation of law on the following day.

15. Certificate of Compliance as to 1-12-98 order transmitted to OAL 4-17-98 and filed 5-26-98 (Register 98, No. 22).

16. Amendment of both versions of subsection (d) filed 5-27-98; operative 6-26-98 (Register 98, No. 22).

17. Amendment of second version of subsection (d) filed 2-4-2000; operative 2-15-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 5).