Apple maggot, Rhagoletis pomonella, is a serious apple pest not known to occur in the County. Such pest may be spread by importation and exportation of apples and apple trees. The State of California has authorized counties with apple industries to impose, in accordance with state regulations, local quarantines and prevention programs to protect such apple industries. The County is a home to the apple industry and desires to protect such industry. It is the purpose of this Article to protect the County's apple industry by taking the necessary steps of restricting movement of apple maggot hosts and possible carriers into the County and to institute a program to detect and treat any commercial orchards in which the pest is detected in the County.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The following articles and commodities are declared to be hosts and possible carriers of apple maggots:
(a) 
Apple fruit of both commercial and noncommercial production.
(b) 
Apple trees used in both commercial and noncommercial production.
(Added by Ord. No. 3390, effective 8-20-09)
Hosts and possible carriers are prohibited entry into the boundaries of the County except as follows:
(a) 
Commercially packed apples produced using conventional pest control practices and certified by origin agricultural officials as pest free may enter. The term "conventional pest control practices" means treatment with synthetic pesticides at labeled dosages and on a schedule effective against apple maggot.
(b) 
Commercially packed organic apples produced in an orchard certified by origin agricultural officials as trapped and found negative for apple maggot may enter. The term "organic" means apples produced by growers in compliance with and registered under the California Organic Products Act of 2003 (Food & Ag. Code, § 46000 et seq. and Health & Saf. Code, 110810 et seq.).
(c) 
Commercially produced apples may enter the County in bulk for packing, juicing and processing under a Compliance Agreement between the importer and the Agricultural Commissioner as provided in section 6-05-3030.
(d) 
Apple trees which are free of fruit and are bare root or free of fruit and certified by origin agricultural officials as having been treated with a soil drench effective against apple maggot may enter the County subject to inspection by the Agricultural Commissioner.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The Agricultural Commissioner may enter into individual or group Compliance Agreements with bulk apple importers. Such importer Compliance Agreements shall specify the conditions under which fruit may enter the County and the manner in which fruit and fruit waste shall be handled by the importer and processor. The Compliance Agreement shall provide that the County will be fully reimbursed for the services of the Agricultural Commissioner in monitoring agreement compliance and inspecting incoming shipments. The fees charged for such services shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Fruit from an orchard in which apple maggot has been detected shall not be moved from the orchard except as follows:
(a) 
The orchard is treated pursuant to a Treatment Agreement under 6-05-3070;
(b) 
The pest is abated pursuant to section 6-05-3080; or
(c) 
The fruit is moved for processing under written authorization of the Agricultural Commissioner.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Any orchard owner, producer, or packer who or which wishes to export apples from the County and desires certification that such apples were produced in an orchard certified by the Agricultural Commissioner as trapped for apple maggot and found negative may enter into a Detection and/or Treatment Agreement with the Agricultural Commissioner.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
The detection agreement shall provide that traps will be placed and monitored by the Agricultural Commissioner in the orchard and that the orchard owner, producer, or packer shall reimburse the County for the cost of the required traps, the cost of placing, maintaining, and monitoring such traps, and the cost of issuing the certification based upon the results from such trapping program. The fees charged for the Agricultural Commissioner's services in placing, maintaining, and monitoring such traps, and in issuing the certification based upon the results from such trapping program, shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
If, under a Detection Agreement or otherwise, apple maggot is detected in a commercial orchard, the orchard owner may enter into a Treatment Agreement with the Agricultural Commissioner under which 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 Agricultural Commissioner. The fees charged for the Agricultural Commissioner's review of the proposed pest control practice and for supervising services shall be those for non-mandated services requested by the public from the Agricultural Commissioner, as set from time to time by resolution of the Board of Supervisors.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
If apple maggot is detected in an orchard and the orchard owner fails to or refuses to enter into a Treatment Agreement as provided under section 6-05-3070, the pest shall be abated and the County shall recover its costs as provided in Food and Agricultural Code section 5401 et seq.
(Added by Ord. No. 3390, effective 8-20-09)
Any person violating any of the provisions of this Article shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code.
(Added by Ord. No. 3390, effective 8-20-09)