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Ordinance No. 373
AN ORDINANCE OF THE COIINTY OF BIITTE
I The Board of Supervisors of the County of Butte, State of
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(California, ordains 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 TI3E OLIVE FRIIIT FLY
Sections:
39A-1. 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 Olive Fruit Fly
39A-7. Movement of Host Material from Infested Locations
39A-8. Termination or Suspension of Olive Fruit Fly
Ordinance
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S~Ct7.4A 39A-1. PIIRPOSE
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 alive fruit fly (OLFF) into the County and to abate
infestations of the pest if detected.
Sectiom 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 (Olea 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 transported from one place to another place.
"Person" sha11 include firms, corporations, companies or
associations.
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"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" shah. 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 of 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, Bactrocera 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
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 alive fruit fly.
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Section 39A-4 RESTRICTIONS ON MOVEMENT OF PLANTS/NIIRSERY STOCK
No person shall move or ship into the County any host plants/nursery
stock 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 FRIIIT
No restriction is placed by this ordinance on the shipment of
processed olive 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 tarped 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 shall move or ship into the County any unprocessed
olive fruit from a restricted origin, except under the following
conditions:
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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 OLFFI
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 culls 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 bed
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 when 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 FRIIIT 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 approved
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.
If an OLFF infestation is detected in any commercial agricultural
production area {in commercial or noncommercial plantings) within the
County, the pest shall be treated or mass trapped at the cost 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
Commissioner. The Agricultural Commissioner may charge the owner of
the shipment for the cost of supervising said activities.
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Section 2. Severability. - If 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 24th day of April 2001., by the ~
following vote:
AYES: Supezvisors Beeler, Dolan, Hoax, Yamaguchi and Chair Josiassen
NOES : None
ABSENT :None
NOT VOTING : None
Curt osiassen, Chair of the
Butt County Board of Supervisors
ATTEST:
JOHN BLACKLOCK, Chief Administrative
Officer and Clerk of the Board
.- n
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[Osd\olivefly}
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