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Ordinance No. 363J.
AN ORDINANCE OF THE COUNTY OF BUTTE
The Board of Supervisors of the County of Butte, State of
California, ordaix3.s as follows:
This ordinance adds Chapter 39A to the Butte County Code, which
provides procedures to protect the County's agricultural industry,
,particularly the olive industry, from Bactrocera oleae, the olive
fruit fly, which is a serious insect pest of olive fruit.
The Board of Supervisors of the County of Butte ordains as follows:
Chapter 39A is added to the Butte County Code to read:
Chapter 39A
(PROTECTION FROM THE OLIVE FRUIT FLY
Sections:
39A-~.. ~ Purpose
39A-2. Definitions
39A-3. Findings
39A-4. Restrictions on Movement of Plants/Nursery Stock
39A-5. Restrictions on Movement of Unprocessed Olive
Fruit
39A-6. Abatement of 01ive Fruit Fly
39A-7. Movement of Host Material from Infested Locations
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39A-8. Termination or Suspension of Olive Fruit Fly
Ordinance
Section 39A-1. PURPOSE
The olive fruit fly, Bactrocera oleae, is a serious pest not
known to occur in Butte County. To protect the County's olive
industry, it is necessary to restrict movements of hosts and possible
carriers of the olive fruit fly (OLFF) into the County and to abate
infestations of the pest if detected.
Section 39A-2. DEFINITIONS
"Agricultural Commissioner" sha11 mean the Agricultural
Commissioner of Butte County.
"County" shall mean the County of Butte.
"Host Material and Carriers" shall mean shipments of unprocessed
olive fruit and all olive (01ea sp.) plants/nursery stack, except when
in the form of seeds, cuttings, or when bareroot and free of fruit.
"Carriers" include used harvesting equipment, except when thoroughly
cleaned.
"Shipment" shall mean any article or thing, which is, may be, or
has been tzansported from one place to another place.
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"Person" shall include firms, corporations, companies or
associations.
"Infestation" shall mean the detection of two or more adult OLFF
within one lifecycle and within a one mile radius, or the detection
of multiple life stages indicating a breeding population in a non-
regulatory situation.
"Restricted Origin" shall mean one in which one or more OLFF
infestations have been detected and confirmed by the CDFA or an origin
which is not conducting California Department o£ Food and Agriculture
approved surveys and has not adopted restrictions on the movement of
hosts and possible carriers to prevent the artificial spread of OLFF
into that area.
Section 39A-3 FINDINGS
The olive fruit fly, Bactracera oleae, is a serious olive pest not
:known to occur in Butte County. Damage caused by this insect includes
premature drop of infested fruit, reduction of the usable pulp of
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infested fruit, and reduction of oil from infested fruit with the oil
having an off-color; thereby, reducing production of olive fruit and
fruit quality. Economic losses would be suffered by the County`s
olive industry if this insect pest were introduced. The State of
California has repealed the state interior quarantine against the
olive fruit fly. This ordinance provides necessary protection to the
County's olive industry from the olive fruit fly.
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Section 39A-4 RESTRICTIONS ON MOVEMENT OF PLANTS/NURSERY STOCTC
No person shall move or ship into the County an.y host plants/nursery
jstock from a restricted origin, except under the following conditions:
1. The shipment is transiting the county to a destination outside of
the county without undue delay or diversion; or,
2. All fruit and debris have been removed from the plants prior to
shipment and the shipment, except transiting shipments, is accompanied
by a certificate issued by the agricultural officials at origin
affirming that the shipment is in compliance with the requirements of
this ordinance.
(Section 39A-5 RESTRICTIONS ON MOVEMENT OF OLIVE FRUIT
No restriction is placed by this ordinance on the shipment of
processed alive fruit into the county ( treated, brined, canned, etc .) .
No person shall move or ship unprocessed olive fruit into or
through the county unless the shipment is Carped or otherwise
covered/enclosed in a manner that prevents in-transit fruit
spillage/loss or exposure to olive fruit fly.
Individual bin identification tags are required for all
shipments.
No person sha11 move or ship into the County any unprocessed
olive fruit from a restricted origin, except under the following
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(conditions:
1. The shipment is transiting the county to a destination
outside of the county without undue delay or diversion; or,
2. The shipment originates from a non-infested orchard as
determined by California Department of Food and Agriculture approved
surveys conducted by the agricultural official at origin; or,
3. The shipment is being moved from an orchard in which OLFF
:has been detected, under a protocol (including compliance agreements)
approved by the Agricultural Commissioner which requires either
treatment or mass trapping at origin and prescribed handling of waste
and cu11s at destination; or,
4. The shipment is being moved under a pest mitigation protocol
approved by the Agricultural Commissioner under destination county
compliance agreements with processing of the olives within four (4)
hours after arrival and prescribed handling of waste and culls; and,
5. Each shipment, except transiting shipments, shall be
accompanied by a certificate issued by the agricultural official at
origin affirming that the shipment is in compliance with the
requirements of this ordinance. Alternative certification procedures
may be used whem. the shipper has signed and is operating under a
compliance agreement with the agricultural officials at origin to
ensure that the requirements of this ordinance are met.
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(Section 39A-6 ABATEMENT OF OLIVE FRUIT FLY
Shipments of restricted host materials, arriving without
certification or in which a viable OLFF life stage is detected, will
be treated or destroyed under the supervision of the Agricultural
Commissioner, returned to origin, or shipped to an approvec
destination within the OLFF infested area. The owner of the shipment
is responsible for the costs of the aforementioned options. The
Agricultural Commissioner may charge the owner of the shipment for the
cost of supervising the treatment or destruction of the shipment.
Tf an OLFF infestation is detected in any commercial agricultural
production area tin commercial or non-commercial plantings} within the
County, the pest shall be treated or mass trapped at the cast of the
property owner or leaseholder, in a manner approved by-and under the
supervision of the Agricultural Commissioner. If the aforementioned
treatment is not conducted as required by the Agricultural.
Commissioner, the pest shall be abated as provided in Section 5401 et
seq. of the Food and Agricultural Code of California.
(section 39A-7 MOVEMENT OF HOST MATERIAL FROM INFESTED LOCATIONS
Host material from a nursery, orchard, or other property in. the
County in which an OLFF infestation has been detected is prohibited
movement from said location unless the host material is treated,
handled, or processed under the supervision of the Agricultural
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Commissioner. The Agricultural Commissioner may charge the owner of
the shipment for the cost of supervising said activities.
Section 39A-8 TERMINATION OR SUSPENSION OF OLIVE FRUIT FLY ORDINANCE
Absent any earlier action by the Board of Supervisors to suspend
or terminate this ordinance, this ordinance is repealed as of December
31, 2000. !,
Section 2. Severability. Tf any part of this ordinance shall be',
held void by a court of competent jurisdiction, such part shall be ',
deemed severable, and the invalidity thereof shall not affect the
remaining parts of this ordinance.
Section 3. Effective Date• Publication. This ordinance shall be
and is hereby declared to be in full force and effect 30 days from the
date of its passage. Within fifteen days of the date of its passage,
this ordinance shall be published once with the names of the members
of the Board of Supervisors voting for and against it in the
Chico Enterprise a newspaper published in the County of Butte, State
of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 12th day of September 2000,
by the following vote:
AYES: Supervisors Beeler, Roux, J'osiassen, Davis and Chair Dolan
NOES : i~Tone
ABSENT : None
NOT VOTING : None
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rT7AN DOLAN, ~ Chair of the
Butt County Board of Supervisors
ATTEST:
JOHN BLACKLOCK, Chief Administrative
Otticer and Clerk o~ ~.e Board
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Ord\oliv~fly)
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