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Regulations Activities — Proposals to Adopt, Amend or Repeal Certain Regulations


Recent Actions — Regulations Page for Each Division

Recent Actions — Regulations Listed Below by Title


Division of Animal Health and Food Safety Services


Division of Inspection Services

  • Apricots This proposed regulatory action will simplify and modernize the regulations applicable to marking and size nomenclature for apricots produced in California.
  • Avocado, Sec. 1380.19 (e) This proposed regulatory action will simplify and modernize the regulations applicable to the packing and shipping of avocados produced in California.
  • Avocado Inspection Program This proposed regulatory action is to repeal the California regulation allowing windfall avocados to be sold. (avocados) to Title 3, Division 3, Chapter 1, Subchapter 4, Article 11, Section 1408.22.
  • California Citrus Program The following regulation was filed with the Secretary of State and will be published in the California Regulatory Notice Register. The regulation is effective October 1, 2014.
  • California Organic Program This proposed regulatory action will remove references to the California Organic Products Act of 2003, and allow the SOP to conduct effective enforcement, reporting, outreach, and education activities by amending Title 3, Division 3, sections 1391, 1391.1, 1391.3, and adding section 1391.7.
    Division of Inspection Services Regulations
  • Certified Farmers Market Program – Direct Marketing Regulatory Action The following regulation was filed with the Secretary of State on January 1, 2014, and will be published in the California Regulatory Notice Register.
    Division of Inspection Services Regulations
  • Cherries This proposed regulatory action amends sections 1428.3, 1428.6, 1428.7, 1428.8, 1428.10, and 1428.12 of Title 3, Division 3, Chapter 1, Subchapter 4, Article 21 of the CCR.
    Division of Inspection Services Regulations
  • Containers (Citrus & Melon) – Standardization Program This proposed regulatory action would add an additional pack method for container 58 (Citrus) to Title 3, Division 3, Chapter 1, Subchapter 4, Article 4, Section 1380.19. This proposed regulatory action would also add standard container (Melons 44S) to Title 3, Division 3, Chapter 1, Subchapter 4, Article 4, Section 1442.7.
    Division of Inspection Services Regulations
  • Containers - Standardization Program This proposed regulatory action would add an additional standard container (Melons 44S) to Title 3, Division 3, Chapter 1, Subchapter 4, Article 4, section 1380.19.
    Division of Inspection Services Regulations
  • Fertilizing Materials Inspection Program: Standards and Labeling The proposed additions to the California Code of Regulations are intended to clarify the statutes in the Food and Agricultural Code (FAC) related to labeling, sampling, registration, inspection protocols, and reporting of fertilizing materials.
    Division of Inspection Services Regulations
  • Fertilizing Materials Inspection Program: Registration Cycle The proposed amendments to the California Code of Regulations are intended to revise the fertilizing materials registration cycle, which will allow for the administrative processing of registrations to be spread throughout the two-year cycle.
    Division of Inspection Services Regulations
  • Sales of Restricted Livestock Drugs and Medically Important Antimicrobial Drugs The proposed additions to the California Code of Regulations are intended to clarify restricted livestock drug licensing requirements and recordkeeping provisions for licensees, as well as additional requirements associated with sales of medically important antimicrobial drugs.
    Division of Inspection Services Regulations

Division of Marketing Services

  • Rice Certification Act Committee-Rice Identity Preservation Certificate of Compliance On March 13, 2017 The Department of Food and Agriculture (Department), Marketing Branch and the Rice Certification Act Committee received notice from the Office of Administrative Law (OAL) that the Rice Identity Preservation Emergency Regulations were approved. These emergency regulations are in effect as of March 13, 2017 and will remain in effect until September 12, 2017 (unless an extension is approved). During this 180-day period, CDFA undergoes the regular rulemaking process which makes these emergency regulations permanent.
    Division of Marketing Services Regulations
  • Rice Certification Act Committee-Rice Identity Preservation Emergency Regulation The Department of Food and Agriculture (Department), Marketing Branch and the Rice Certification Act Committee, are proposing emergency regulations and amendments to existing regulations which will amend sections 2850-2856 of the Rice Identity Preservation regulation and adopt section 2852.5 under the Code of California Regulations, Title 3, Division 4, Chapter 2, Subchapter 5. These sections of the regulations address specific management practices to be employed by the rice industry to remove the risk of spreading weedy red rice and update existing regulations for clarity.
    Division of Marketing Services Regulations
  • Milk Pooling Branch The Department of Food and Agriculture, Milk Pooling Branch, proposes to amend section 2100, Definition of a Beneficial Ownership Interest. This proposal was published with the Office of Administrative Law on August 15, 2014.
    Division of Marketing Services Regulations

Division of Measurement Standards

  • Motor Oil Fee On June 13, 2017, the California Department of Food and Agriculture, Division of Measurement Standards, Notice of Proposed Regulation for Motor Oil Fee was published by the Office of Administrative Law.
    Division of Measurement Standards Regulations
  • Electric Vehicle Charging Station Requirements: On August 17, 2016, the California Department of Food and Agriculture, Division of Measurement Standards will conduct a workshop to develop regulatory language to amend Section 3.40. Electric Vehicle Fueling Systems - Tentative Code contained in the National Institute of Standards and Technology's Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," and adopted by reference by CDFA.
    Division of Measurement Standards Regulations
  • Natural Gas Regulations: On June 24, 2016, the California Department of Food and Agriculture's Notice of Proposed Regulation for Natural Gas Motor Vehicle Fuel Specifications was published in the California Regulatory Notice Register by The Office of Administrative Law. This notice establishes the beginning of the 45-day public comment period.
    Division of Measurement Standards Regulations
  • Transportation Network Systems: The California Department of Food and Agriculture (CDFA), Division of Measurement Standards (DMS) will conduct a pre-rulemaking workshop on the specifications, tolerances, and other technical requirements for software systems used to provide on-demand transportation services.
    Division of Measurement Standards Regulations
  • CCR: Title 4, Division 9, Chapter 6 – Specifications for Dimethyl Ether Used in Compression Ignition Engines: This regulation was proposed on July 25, 2014. It has been approved and filed with the Secretary of State, with an effective date of January 1, 2015.
    Division of Measurement Standards Regulations
  • Sections 4001-4002, Hydrogen Gas – Measuring Devices: This regulation was proposed on November 22, 2013. It has been approved and filed with the Secretary of State, with an effective date of June 16, 2014.
    Division of Measurement Standards Regulations
  • Sections 4180-4181, Hydrogen Fuel Quality Specifications: The following regulation was proposed on May 10, 2013. It has since been approved and published by the Secretary of State and will become effective January 1, 2014.
    Division of Measurement Standards Regulations
  • Sections 4402-4403, Unattended Weighing Systems: The regulation was proposed on April 26, 2013. It has been approved and published by the Secretary of State and will become effective October 1, 2014.
    Division of Measurement Standards Regulations

Division of Plant Health and Pest Prevention Services

  • Section 3061, Labeling of Nursery Stock The proposed amendment of this regulation will correct an apparent contradiction between the regulation and authorizing statute in order to clarify the rules for labeling of nursery stock when it is shipped, delivered, or transported to a purchaser.
  • Section 3591.12, Bactrocera zonata (Peach Fruit Fly) Eradication Area: The effect of this action will establish authority for the State to conduct eradication activities against this pest.
  • Section 3963, South American Spongeplant Eradication Area Repeal This proposed action will repeal the South American Spongeplant Eradication Area.
  • Section 3591.26, Malaysian Fruit Fly – Establish New Eradication Area The effect of this action will establish authority for the State to conduct eradication activities against this pest.
  • Section 3442, Malaysian Fruit Fly Interior Quarantine – Establishes Criteria for Quarantine Boundaries: This proposed emergency action will establish a new quarantine area for Malaysian Fruit Fly. The effect of this action will establish authority for the State to conduct quarantine activities against this pest.
  • Section 3591.13, Guava Fruit Fly Eradication Area: The effect of this action will establish authority for the State to conduct eradication activities against this pest.
  • Section 3441, Guava Fruit Fly Interior Quarantine – Establishes Criteria for Quarantine Boundaries: The proposed rulemaking will establish criteria for determining when an infestation is present, determining a quarantine boundary and removal of an area from quarantine. It will also provide the procedures for an appeal process and the website where the quarantined areas will be posted.
  • Section 4500, Noxious Weed Species – Establishes 22 Species of Weed Be Added to the California Noxious Weed List: It is proposed that 22 species of weed be added to the California Noxious Weed list (CCF Section 4500). All of these species have been included following pest risk analyses (included) that have supported their addition to the list. The proposed list follows below. Proposed species or additions appear in bold. Current names, where changed, appear in italics. Superseded names appear in strikethrough. Corrected orthographic errors appear in red.
  • Section 3425, Melon Fruit Fly Interior Quarantine: The proposed rulemaking will establish criteria for determining when an infestation is present, determining a quarantine boundary and removal of an area from quarantine.
  • Section 4700-4709, Appeals to the Secretary - Adding a new subchapter, pertaining to appeals to the Secretary The proposed action will establish guidelines for the appeals process.
  • Section 3277, Cereal Leaf Beetle Exterior Quarantine - Repeal the Quarantine The proposed repeal of the CLB Exterior Quarantine would remove authority for the CDFA to enforce an exterior quarantine against the pest.
  • Section 3162, Pesting Ratings and Mitigating Actions The adoption of this regulation will establish the process for determining pest ratings and mitigating actions. The adoption will include needed definitions, a standardized California Pest Rating Proposal Form, the opportunity for public input, an appeal process, the pest ratings ("Q," "A," "B," "C" and "D"), authorized mitigating actions associated with each pest rating, posting the pest ratings on the Department’s Internet Web site, a review process for the pest ratings and use of the pest ratings in the enforcement of the nursery stock standards of cleanliness.
  • Section 3591.11, Anastrepha suspensa (Caribbean fruit Fly) Eradication Area: The effect of the adoption of Section 3591.11 is to establish an eradication area for the Caribbean fruit fly, Anastrepha suspensa. This section also specifies hosts and possible carriers and the means and methods which may be used in the control and eradication of the fruit fly Anastrepha suspensa.
  • Section 3591.25, Anastrepha striata (New World guava fruit fly) Eradication Area: The effect of the adoption of Section 3591.25 is to rstablish an eradication area for the New World guava fruit fly, Anastrepha striata. This section also specifies hosts and possible carriers and the means and methods which may be used in the control and eradication of the fruit fly Anastrepha striata.
  • Section 4603, Phytosanitary Certification, Schedule of Charges: The proposed action will establish Section 4603, Schedule of Charges, subsection (h), the Department’s schedule of charges for providing phytosanitary certification services for both the State and federal certificates issued in California; except those issued directly by the United States Department of Agriculture staff. The effect of the proposed regulations will be to provide authority for the Department to recover its costs for providing such non-regulatory services and to enable the client that requests the service to understand the Department’s costs and billing procedures.
  • Section 3286, Tomato Yellow Leaf Curl Virus Exterior Quarantine - Removal of: This proposed action will repeal the Tomato Yellow Leaf Curl Virus Exterior Quarantine, Section 3286. The effect of the repeal of this regulation is to remove authority for the State to prohibit the entry of tomato plants from Florida under this regulation.
  • Section 3601, Assessments for Control of Beet Leafhopper: The proposed amendments will decrease the assessment for all affected crops, except sugar beets and tomatoes. The assessments for these two crops will not be changed.
  • Section 3000, Registration and Certification of Citrus Trees: This action repealed the regulations for the voluntary program for the registration and certification of citrus trees.
  • Section 3701, Citrus Nursery Stock Pest Cleanliness Program: The effect of the adoption of these regulations is to provide authority for the State to establish and administer a Citrus Nursery Stock Pest Cleanliness Program in order to provide a source of protected, disease-tested citrus nursery stock to the citrus industry. The voluntary Citrus Registration and Certification Program regulations were repealed and the Citrus Tristeza Interior quarantine was amended to eliminate duplicative regulatory requirements.
  • Section 3407, Citrus Tristeza Virus Interior Quarantine: The proposed amendment would return a line text that was inadvertently moved in an emergency action effective May 17, 2010, to its original location in the regulation. This would ensure that the restrictions in 3407(f) could be properly applied.
  • Section 3436, White Striped Fruit Fly (Bactrocera albistrigata) Interior Quarantine - Removal of the La Verne Area of Los Angeles and San Bernardino counties: The proposed amendment of Section 3436 (b) would remove all remaining portions of specific counties from regulation.
  • Section 3437, European Grapevine Moth Interior Quarantine: The effect of the adoption of this regulation will be to implement the State’s authority to perform quarantine activities against the EGVM in the regulated areas... and to establish the hosts and possible carriers, regulated areas, restrictions and exemptions when performing quarantine activities against EGVM. Any quarantine actions undertaken by the Department will be in cooperation and coordination with the USDA.... It is immediately necessary to implement quarantine actions in order to prevent the artificial spread of EGVM to the uninfested areas of California.
  • Section 3408(b), Spongy Moth Interior Quarantine: The proposed amendment of Section 3408 (b) would remove all remaining portions of Ventura county from regulation.
  • Section 3639, Huanglongbing Disease Eradication Area: This emergency action established HLB as the targeted pest, the entire State as the eradication area, the hosts, means and methods to eradicate or control HLB, and that any HLB host nursery stock which is regulated under the HLB Interior Quarantine, and which does not meet the requirements of its restrictions, cannot be maintained free from HLB and is declared a public nuisance under FAC section 5762 and subject to the provisions of FAC section 5763.
  • Section 3439, Huanglongbing Disease Interior Quarantine: This emergency action established HLB as the targeted pest, the area under quarantine, the articles and commodities covered, restrictions on movement, enforcement standards and the standards of cleanliness for nursery stock.
  • Section 3589, Japanese Beetle Eradication Area: The amendment of Section 3589 adds counties to the eradication area for the Japanese beetle. The effect of this action is to establish authority for the State to conduct eradication activities against this pest.
  • Section 3280, Japanese Beetle Exterior Quarantine - Amend quarantined areas and exemptions to movement restrictions: The amendment updates the quarantined areas and movement exemptions to align the California Exterior Quarantine with the National Plant Board’s Japanese Beetle Harmonization Plan.
  • Section 3430, Karnal Bunt Interior Quarantine - Removal of Riverside County: The proposed amendment of Section 3430 (b) would remove all remaining portions of a specific county from regulation.
  • Section 3435, Asian Citrus Psyllid Quarantine: This emergency amendment of Section 3435 will expand the existing quarantine boundaries to include...
  • Section 3591.21, Asian Citrus Psyllid Eradication Area – Entire State: The adoption of Section 3591.21 will establish the entire State of California as an eradication area with respect to Asian citrus psyllid (Diaphorina citri) (ACP). The proposed adoption of the regulation will also establish the possible carriers and the means and methods that may be used to eradicate, control or suppress ACP within any specific eradication area(s). The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against ACP within the entire State of California. To detect ACP and prevent its spread to non-infested areas, and to protect California's agricultural industry and environment, it is necessary to search for all life stages of ACP immediately. Therefore, it is necessary to adopt this regulation as an emergency action.
  • Section 3406(b), Mediterranean Fruit Fly Interior Quarantine: The effect of the amendment is to establish the authority for the State to regulate movement of hosts and possible carriers of the Mediterranean fruit fly within and from areas under quarantine to prevent artificial spread of the fly to noninfested areas. It is necessary to amend this regulation on an emergency basis to establish restrictions on the movement of hosts and possible carriers from the regulated areas.
  • Section 3417(b), Mexican Fruit Fly Interior Quarantine – Establishes Criteria for Quarantine Boundaries: The proposed rulemaking will establish criteria for determining when an infestation is present, determining a quarantine boundary and removal of an area from quarantine.
  • Sect. 3434, Light Brown Apple Moth Interior Quarantine Areas: This proposed amendment will provide for the use of morphology, in addition to the use of DNA analysis, for the identification of immature LBAM. The effect of this proposed change to the regulation will be to establish greater operational flexibility in identifying immature LBAM.
  • Section 3591.20, Light Brown Apple Moth Eradication Areas: The amendment of subsection 3591.20(a) established Mendocino County as an eradication area for the light brown apple moth, Epiphyas postvittana. The effect of this action was to establish authority for the State to conduct eradication activities in Mendocino County against this pest.
  • Section 3700(c), Oak Mortality Disease Control: The Secretary of the Department of Food and Agriculture has found that oak mortality disease (sudden oak death) caused by the fungus Phytophthora ramorum, presents a clear and present danger to the native stands of oak and other trees, the nursery industry, other agricultural commodities and plant life (including ornamental plantings) of California. Phytophthora ramorum is a serious disease and host material is subject to State regulation for intrastate movement and federal regulation for interstate movement.
  • Section 3591.2, Oriental Fruit Fly Eradication Area: The amendment established an eradication area for the Oriental fruit fly, Bactrocera dorsalis. The effect of this action was to establish authority for the State to conduct eradication activities against this pest.
  • Section 3423(b), Oriental Fruit Fly Interior Quarantine: The effect of this amendment is to provide authority for the State to regulate movement of hosts of Oriental fruit fly from, into and within areas to prevent the artificial spread of the fly to noninfested areas to protect the public and California’s agricultural industry. To prevent artificial spread of the fly to noninfested areas to protect California’s agricultural industry, it is necessary immediately to regulate movement of hosts that can carry the fly from, into and within infested areas and surrounding buffer areas.
  • Section 3906, Seed Assessment Fees: The proposed amendment will revise the annual assessment per one-hundred dollars gross annual dollar volume sale of agricultural and/or vegetable seed to $0.25/$100.

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