HomeMy WebLinkAboutORDINANCES - 07201993 - 93-48 ORDINANCE NO. 93- 48
(Apple Maggot Control Ordinance)
The Board of Supervisors of the County of Contra Costa ordains as
follows (omitting the parenthetical footnotes from the enacted or
amended provisions of the County Ordinance Code) :
SECTION I . SUMMARY. This ordinance adds Division 512 and Chapter
512-2 to the County Ordinance Code to add requirements for the
control of apple maggots .
SECTION II . Division 512 is added to the County Ordinance Code, to
read:
DIVISION 512
AGRICULTURE
Chapter 512-2
Apple Maggot Control
512-2 .002 Purpose. The apple maggot (Rhagoletis pomonella)
is a serious apple pest not known to occur in this county. To
protect the county's apple industry, it is necessary to restrict
movement of hosts and possible carriers into the county and to
treat commercial orchards in which the pest is detected.
(Ord. 93-48 S 2 . )
512-2 .004 Hosts and carriers . The following articles and
commodities are declared as hosts and possible carriers of the
apple maggot:
(a) Apple fruit of both commercial and noncommercial
production.
(b) Apple trees .
(Ord. 93-48 S 2 . )
512-2 .006 Prohibited entry. Hosts and possible carriers of
the apple maggot are prohibited entry into the county.
(Ord. 93-48 S 2 . )
512-2 .008 Exceptions. Section 512-2 . 006 does not apply to
the following.
(a) Commercially packed apples produced using conventional
pest control practices . "Conventional pest control practices" means
treatment with pesticides at label dosages and on a schedule
effective against apple maggot.
(b) Commercially packed organic apples (apples produced by
growers in compliance with and registered under the California
Organic Foods Act of 1990) if the producing orchard was trapped and
• found negative for apple maggots.
(c) Commercially produced apples entering the county in bulk
for packing, juicing, and/or processing under a compliance
agreement between the importing company and. the county agricultural
commissioner.
(d) Subject to inspection by the county agricultural
commissioner, apple trees that are free of fruit and bare root or
free of fruit and certified by agricultural officials in the area
of origin as being treated with a soil drench effective against
the apple maggots .
(Ord. 93- 48 § 2 . )
512-2 .010 Compliance agreements . 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. The importer shall reimburse the county
agricultural commissioner for the costs of monitoring compliance
with the agreement and inspecting incoming shipments.
(Ord. 93-48 § 2 . )
512-2 .012 Treatment. If the 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 reimburse the county agricultural
commissioner for the costs of supervising the treatment.
(Ord. 93-48 § 2 . )
512-2 .014 Abatement. If the apple maggot is detected in a
commercial orchard and the orchard is not treated in accordance
with the provisions of section 512-2 . 012, the orchard shall be
abated of the apple maggot pest as provided in California Food and
Agricultural Code chapter 6 (section 5401 et seq. ) , as said
provisions are amended from time to time.
(Ord. 93-48 § 2 . )
512-2 .016 Movement prohibited. Fruit from a commercial
orchard in which the apple maggot has been detected is prohibited
movement from said orchard unless the orchard is treated in
accordance with the provisions of section 512-2 .010 or the fruit is
moved for processing under written authorization of the county
agricultural commissioner.
(Ord. 93- 48S 2 . )
512-2 .018 Violation. Any person who violates or causes the
violation of any provision of this chapter shall be guilty of a
misdemeanor.
(Ord. 93- 48 § 2 . )
ORDINANCE NO. 93- 48
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SECTION III . EFFECTIVE DATE. This ordinance becomes effective 30
days after passage and, within 15 days of passage shall be
published once with the % me te of the Supervisors voting for and
against it in the "�artinezaze , a newspaper published in
this County.
PASSED on July 20, 1993 1993 by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County
Administrator
By: �O
Deputy Clerk Board Chai
[SEAL]
LTF
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ORDINANCE NO. 93- 48
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