Light Brown Apple Moth

Archived Regulation Activities

*OAL: Date Filed With Office of Administrative Law

Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 11/05/2013 — Mendocino County

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.

Date submitted to OAL: 11/05/13

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 11/07/13

Effective Date: 11/07/13


Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 09/16/2010 — San Diego County

The amendment of subsection 3591.20(a) established San Diego 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 San Diego County against this pest.

Date submitted to OAL: 09/16/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/22/10

Effective Date: 09/22/10


Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 07/06/2010 — Sacramento County

This amendment of Section 3591.20(a) established Sacramento County as an additional eradication area with respect to LBAM. The effect of the amendment of this regulation is to provide authority for the State to perform eradication activities against LBAM in Sacramento County.

Date submitted to OAL: 07/06/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/13/10

Effective Date: 07/13/10


Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 07/16/2009 — San Luis Obispo County

This emergency amendment of Section 3591.20(a) will establish San Luis Obispo County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as the authority for “The searching for all stages of light brown apple moth by visual inspection, the use of traps, or any other means anywhere within the said area” is immediately needed. Additionally, once implemented, delimitation surveys may result in finds of additional small LBAM infestations outside the current suspected infested area. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the amendment of this regulation is to provide authority for the State to perform eradication activities against LBAM in San Luis Obispo County.

Date submitted to OAL: 07/16/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/20/09

Effective Date: 07/20/09


Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 06/17/2009 — San Joaquin County

This emergency amendment of Section 3591.20(a) will establish San Joaquin County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the amendment of this regulation is to provide authority for the State to perform eradication activities against LBAM in San Joaquin County.

Date submitted to OAL: 06/17/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 06/19/09

Effective Date: 06/19/09


Section 3591.20(a), Light Brown Apple Moth Eradication Area — San Benito County

Effective April 30, 2008. This emergency amendment of Section 3591.20(a) will establish San Benito County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the amendment of this regulation is to provide authority for the State to perform control and eradication activities against LBAM in San Benito County.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — OAL: 03/03/2009 — Add Ventura County

The proposed amendment of Section 3591.20(a) would establish Ventura County as an additional eradication area for LBAM. The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire counties should be established as eradication areas.

Date submitted to OAL: 03/03/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 03/05/09

Effective Date: 03/05/09


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Sonoma County

Effective March 3, 2008. This emergency amendment of Section 3591.20(a) will establish Sonoma County as an additional eradication area for light brown apple moths(Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the amendment of this regulation is to provide authority for the State to perform control and eradication activities against LBAM in Sonoma County.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Santa Barbara

Effective February 8, 2008. This emergency amendment of Section 3591.20(a) will establish Santa Barbara County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the amendment of this regulation is to provide authority for the State to perform control and eradication activities against LBAM in Santa Barbara County.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Los Angeles & Solano

This emergency amendment of Section 3591.20(a) will establish Los Angeles and Solano counties as additional eradication areas for light brown apple moths (Epiphyas postvittana) (LBAM). The entire counties are being proposed as eradication areas as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire counties should be established as eradication areas. The effect of the amendment of this regulation (effective 7/13/2007) is to provide authority for the State to perform control and eradication activities against LBAM in Los Angeles and Solano counties.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Napa

This emergency adoption of Section 3591.20 will establish Napa County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against LBAM in Napa County.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Monterey, San Mateo & Santa Cruz

This emergency adoption of Section 3591.20 will establish the counties of Monterey, San Mateo and Santa Cruz as additional eradication areas for light brown apple moths (Epiphyas postvittana) (LBAM). The entire counties are being proposed as eradication areas as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against LBAM in the counties of Monterey, San Mateo and Santa Cruz.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Santa Clara

This emergency adoption of Section 3591.20 will establish Santa Clara County as an additional eradication area for light brown apple moths (Epiphyas postvittana) (LBAM). The entire county is being proposed as an eradication area as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the entire county should be established as an eradication area. The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against LBAM in Santa Clara County.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Marin & San Francisco

This emergency adoption of Section 3591.20 will establish Marin and San Francisco counties as additional eradication areas for light brown apple moths (Epiphyas postvittana) (LBAM). The entire two counties are being proposed as eradication areas as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the two counties should be established as eradication areas. Additionally, the Department has obtained additional LBAM host lists from the USDA LBAM Technical Working Group and through the internet. As a result, it is also amending Section 3591.20(b) by adding new hosts and regulating hosts at the genera level. The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against LBAM in Marin and San Francisco counties.


Section 3591.20(a), Light Brown Apple Moth Eradication Area — Emergency Adoption

This emergency adoption of Section 3591.20 will establish Alameda and Contra Costa counties as the eradication areas for light brown apple moths (Epiphyas postvittana) (LBAM). The entire two counties are being proposed as eradication areas as ongoing delimitation surveys may result in finds of additional small LBAM infestations outside the current known infested areas. To enable rapid treatment of newly discovered small infestations without frequent amendment of the regulation, the two counties should be established as eradication areas. The emergency adoption of the regulation will also establish the possible carriers and the means and methods that may be used to eradicate LBAM within the eradication areas. The effect of the adoption of this regulation is to provide authority for the State to perform eradication activities against LBAM in Alameda and Contra Costa counties.


Archived Actions | Interior Quarantine Areas


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 07/18/2014 — Amends Criteria for Identifying Immature LBAM

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.

Date submitted to OAL: 07/18/14

Office of Administrative Law’s Decision:

Date filed with Secretary of State:

Effective Date:


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 12/03/2013 — Amends 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.

Date submitted to OAL: 12/03/13

Office of Administrative Law’s Decision:

Date filed with Secretary of State:

Effective Date:


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 06/14/2013 — 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.

Date submitted to OAL: 06/14/13

Office of Administrative Law’s Decision:

Date filed with Secretary of State:

Effective Date:


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 05/20/2013 — Expand Orange County to Include Huntington Beach Area

This emergency amendment expanded a portion of the contiguous quarantine area in Orange County by approximately 22 square miles. This results in a total of approximately 6,091 square miles under regulation within the State.

Date submitted to OAL: 05/20/13

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/22/13

Effective Date: 05/22/13


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 05/15/2013 — Expand San Diego County to Include Oceanside Area

This emergency amendment expanded a portion of the contiguous quarantine area in San Diego County by approximately 18 square miles. This results in a total of approximately 6,069 square miles under regulation within the State.

Date submitted to OAL: 05/15/13

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/20/13

Effective Date: 05/20/13


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 12/20/2011 — Remove areas in San Diego, San Joaquin, Solano, and Yolo counties; expand areas in Sacramento, Solano, Alameda, San Joaquin, Monterey, Yolo, and Los Angeles counties; add areas in Los Angeles, Sacramento, San Joaquin, San Luis Obispo, Solano, and Santa Barbara counties

The South Park area of San Diego County, Manteca area of San Joaquin County, and Davis area of Solano and Yolo counties will be removed. The following are highlights of the proposed expansions: the Ryer Island area (Sacramento and Solano counties), Tracy area (Alameda and San Joaquin counties) and Fairfield area (Solano County) will cease to be individual quarantine areas and will be incorporated into the regulated area; new quarantine areas will be established in the Whittier area (Los Angeles County), the Foothill Farms area (Sacramento County), the Galt area (Sacramento and San Joaquin counties), the Acampo, Clements, Kings Island and Lockeford areas (San Joaquin County), the Cayucos area (San Luis Obispo County), the Vacaville area (Solano County) and; Carpinteria and Goleta areas (Santa Barbara). The existing quarantine areas will be expanded in the Allendale area (Solano County), Gonzales and Soledad areas, (Monterey County) Long Beach area (Los Angeles County), Sacramento area (Sacramento and Yolo counties), Los Osos area (San Luis Obispo County) and along the leading edge of the existing regulated area. The regulated area will expand by a total of approximately 431 square miles. The quarantine area will expand by a total of approximately 464 square miles. The effect of this proposed change to the regulation will be to remove and add authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these areas. This will result in a total of approximately 6,049 square miles under regulation within the State.

Date submitted to OAL: 12/20/11

Office of Administrative Law’s Decision:

Date filed with Secretary of State:

Effective Date:


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 03/18/2011 — Removal of Areas in San Diego County, Add Areas in Los Angeles, Sacramento, San Joaquin and San Luis Obispo Counties

This proposal will remove approximately 10 square miles of the South Park area of San Diego County from the regulation. This proposal will also add approximately five miles to the existing quarantine area in Long Beach, Los Angeles County; approximately one square mile to the Sacramento area of Sacramento County; approximately seven square miles to the Manteca area of San Joaquin County; one square mile to the Los Osos area of San Luis Obispo County; and, approximately one square mile to the Ryer Island area of Sacramento County. This will result in a total of approximately 5,363 square miles under regulation within the State.

Date submitted to OAL: 03/18/11

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/29/11

Effective Date: 09/29/11


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 03/03/2011 — Removal of Areas in San Luis Obispo County

This proposed amendment will remove the approximately 13 square miles surrounding the Arroyo Grande area of San Luis Obispo County from the regulation. The effect of this proposed change to the regulation is to remove authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these areas. This will result in a total of approximately 5,345 square miles under regulation within the State.

Date submitted to OAL: 03/03/11

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/15/11

Effective Date: 08/14/11


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 12/20/2010 — Expand Areas in Monterey, Napa, Solano and Sonoma Counties, Alameda and San Joaquin Counties, Yolo and Sacramento Counties, and Remove Areas in Santa Barbara, San Joaquin and Yolo Counties

The action expanded a portion of the contiguous regulated area in the counties of Monterey, Napa, Solano and Sonoma counties by approximately 175 square miles; established a new quarantine area in the Lindsey Slough area of Solano County of approximately 15 square miles; expanded the quarantine areas in the Tracy area of Alameda and San Joaquin counties by approximately 4 square miles; the Davis area of Solano and Yolo counties by approximately 2 square miles; the Ryer Island area of Sacramento and Solano counties by approximately 2 square miles; and, the Sacramento area of Sacramento and Solano counties by approximately 11 square miles. This action also removed the Santa Barbara area (approximately 9 square miles) of Santa Barbara County; the Stockton area (approximately 21 square miles); the Tracy area (approximately 27 square miles) of San Joaquin County; and, the Woodland area (approximately 16 square miles) of Yolo County from the regulation. This results in a total of approximately 5,358 square miles under regulation within the State.

Date submitted to OAL: 12/20/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 12/29/10

Effective Date: 12/29/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 09/23/2010 — Expand Areas in Alameda, Contra Costa, Monterey, San Benito, Santa Clara, Sacramento and Solano Counties

A portion of the contiguous regulated area in the counties of Alameda, Contra Costa, Monterey, San Benito, Santa Clara and Solano counties was expanded by approximately 56 square miles. The quarantine area of Ryer Island of Sacramento County was expanded by approximately six square miles and in the Fairfield area of Solano County was expanded by approximately 13 square miles. This results in a total of approximately 5,222 square miles under regulation within the State.

Date submitted to OAL: 09/23/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 10/01/10

Effective Date: 10/01/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 08/18/2010 — Expand Areas in Alameda, Contra Costa, Monterey, Sonoma and Los Angeles Counties and Add Areas in Sacramento and San Diego Counties

This amendment expanded portions of the existing contiguous quarantine area in the counties of Alameda, Contra Costa, Monterey and Sonoma by approximately 205 square miles. New quarantine areas were established in the South Sacramento area of Sacramento County of approximately 16 square miles and in the South Park area of San Diego County of approximately 10 square miles. The quarantine area in the Long Beach area of Los Angeles County was expanded by approximately one square mile. This results in a total of approximately 5,147 square miles under regulation within the State.

Date submitted to OAL: 08/18/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/26/10

Effective Date: 08/26/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 07/06/2010 — Change Quarantine Areas to Regulated Areas in Alameda, Contra Costa, Monterey, Santa Clara, Sacramento, Solano and Sonoma Counties, and expand quarantine in Other Areas

A portion of the existing contiguous quarantine area in the counties of Alameda, Contra Costa, Monterey, Santa Clara, Solano and Sonoma counties was expanded by approximately 229 square miles and designated as a regulated area. The effect of this change was to remove restrictions on the movement of articles and commodities covered within this total area of approximately 3,608 square miles. A new quarantine area was established in the Ryer Island area of Solano and Sacramento counties of approximately 25 square miles. The Long Beach area of Los Angeles County was expanded by approximately 10 square miles. The Manteca area of San Joaquin County was expanded by approximately 13 square miles. This would result in a total of approximately 5,020 square miles under regulation within the State. Of this total area, approximately 462 square miles remains under the stricter quarantine restrictions.

Date submitted to OAL: 07/06/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/16/10

Effective Date: 07/16/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 05/17/2010 — Expand Multiple Quarantine Areas, Add West of Tracy

This emergency amendment expanded a portion of the contiguous quarantine area in the counties of Alameda, Contra Costa, Monterey, San Joaquin and Sonoma counties by approximately 32 square miles. A new quarantine area was established in the west Tracy area of Alameda and San Joaquin counties of approximately 31 square miles. The Kenwood area of Sonoma County was expanded by approximately one square mile. The Davis area of Yolo County was expanded by approximately 12 square miles. This results in a total of approximately 4,744 square miles under regulation within the State.

Date submitted to OAL: 05/17/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/24/10

Effective Date: 05/24/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 04/21/2010 — Expand Contra Costa, Monterey, San Benito and Sonoma Counties

A portion of contiguous quarantine area in the counties of Contra Costa, Monterey, San Benito and Sonoma counties would be expanded by approximately 62 square miles. This would result in a total of approximately 4,668 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM in these additional quarantine areas.

Date submitted to OAL: 04/21/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/04/10

Effective Date: 05/04/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 04/15/2010 — Expand Contra Costa, Solano, San Benito, Los Angeles and Sonoma

This action expanded a portion of a contiguous quarantine area in the counties of Contra Costa, San Benito, Solano and Sonoma counties by approximately 25 square miles; established a new quarantine area of approximately 17 square miles in the Allendale area of Solano County; expanded the Long Beach area of Los Angeles County by approximately seven square miles; expanded the quarantine area in Kenwood, Sonoma County by approximately five square miles and the Healdsburg area of Sonoma County by less than one half of a square mile. This results in a total of approximately 4,606 square miles under regulation within the State.

Date submitted to OAL: 04/15/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 04/22/10

Effective Date: 04/22/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 03/29/2010 — Expand Monterey

This amendment expanded a portion of the contiguous quarantine area in Monterey County by approximately 14 square miles. The Gonzales area of Monterey County was expanded by approximately eight square miles. This would result in a total of approximately 4,552 square miles under regulation within the State.

Date submitted to OAL: 03/29/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 04/05/10

Effective Date: 04/05/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 03/11/2010 — Expand Marin, San Luis Obispo and Sonoma, and Add Areas in San Joaquin and Yolo

This change affected portions of the contiguous quarantine area in the counties of Marin and Sonoma counties which were expanded by approximately 50 square miles. A new quarantine area of approximately 21 square miles was established in the Stockton area of San Joaquin County. A new quarantine area of approximately 16 square miles was established in the Woodland area of Yolo County. The Los Osos area of San Luis Obispo County was expanded by approximately four square miles. The quarantine area in Kenwood, Sonoma County was expanded by approximately eight square miles. This results in a total of approximately 4,530 square miles under regulation within the State.

Date submitted to OAL: 03/11/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 03/15/10

Effective Date: 03/15/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 03/01/2010 — Expand Contra Costa, Marin, Monterey, Napa, Solano, Sonoma, Los Angeles and San Luis Obispo

This action affected the contiguous quarantine area in the counties of Contra Costa, Marin, Monterey, Napa, Solano and Sonoma counties by expanding it by approximately 51 square miles. The quarantine area in the Long Beach area of Los Angeles County expanded by approximately five square miles. The Gonzales area of Monterey County expanded by approximately seven square miles and a new quarantine area of approximately 22 square miles was established in the Soledad area of Monterey County. The Los Osos area of San Luis Obispo County expanded by approximately four square miles. The area in Healdsburg, Sonoma County, expanded by approximately four square miles and a new quarantine area of approximately 25 square miles was established in the Kenwood area of Sonoma County.

This resulted in a total of approximately 4,431 square miles under regulation within the State.

Date submitted to OAL: 03/01/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 03/10/10

Effective Date: 03/10/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 01/21/2010 — Expand Alameda, Santa Clara, Sonoma, Monterey and Los Angeles

This emergency amendment affected the contiguous quarantine area in the counties of Alameda, Santa Clara and Sonoma counties by expanding it by approximately 91 square miles. The quarantine area in Healdsburg, Sonoma County was expanded by approximately two square miles and the Gonzales area of Monterey County by approximately 17 square miles. The quarantine area in Long Beach, Los Angeles County, was also slightly expanded less than one half of a mile which does not change the total approximate square miles which is currently 12 square miles.

Date submitted to OAL: 01/21/10

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 01/25/10

Effective Date: 01/25/10


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 12/23/2009 — Two Tier Expansion in San Mateo and Santa Cruz

This emergency amendment created a two tier regulatory scheme by establishing a new regulated area with its own restrictions to go along with the existing quarantine area. The regulated area is comprised of the entire counties of San Francisco, San Mateo and Santa Cruz. This regulated area is approximately 950 square miles and is a result of expanding the regulated area in San Mateo and Santa Cruz counties by approximately 120 square miles. Additionally, there are no restrictions on the movement of LBAM host material within the regulated area or into the regulated area from the contiguous quarantine area. LBAM host material moving into the regulated area which has to transit an uninfested area must do so under proper certification or the terms of a permit. A new quarantine area of approximately nine square miles was established in the Santa Barbara area of Santa Barbara County. The contiguous quarantine area in the counties of Contra Costa, Monterey, Napa, Santa Clara, Solano and Sonoma counties was also expanded by approximately 175 square miles. The quarantine area in Davis, Yolo County was expanded by approximately three square miles and in the Healdsburg area of Sonoma County it was expanded by approximately two square miles. This resulted in a total of approximately 4,203 square miles under regulation within the State.

Date submitted to OAL: 12/23/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 12/31/09

Effective Date: 12/31/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 11/05/2009 — Expand areas in Contra Costa, Alameda, Marin, Monterey Napa, San Luis Obispo and Santa Clara, add Tracy Area of San Joaquin County

This amendment merged the northern boundary of Contra Costa and Marin counties with the boundary of the Napa, Sonoma and Solano contiguous area; expanded existing regulated areas in the counties of Alameda, Marin, Monterey Napa, San Luis Obispo and Santa Clara counties (approximately 111 square miles). It also established a new quarantine area in the Tracy area of San Joaquin County of approximately 27 square miles. This results in a total of approximately 3,894 square miles under regulation within the State.

Date submitted to OAL: 11/05/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 11/10/09

Effective Date: 11/10/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 10/05/2009 — Expand areas in Los Angeles, Napa, Alameda, Monterey and Santa Clara counties and add Arroyo Grande Area in San Luis Obispo

This proposed change would expand the regulated areas in Los Angeles (approximately one square mile), Napa (approximately one square mile), Alameda, Monterey and Santa Clara (approximately 44 square miles). It established a new quarantine area in the Arroyo Grande area of San Luis Obispo County of approximately 13 square miles. This would result in a total of approximately 3,757 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas.

Date submitted to OAL: 10/05/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 10/08/09

Effective Date: 10/08/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 09/22/2009 — Alameda, Contra Costa, Marin, Monterey, San Francisco, San Benito, San Mateo, Santa Clara and Santa Cruz

This proposed change would expand the regulated areas in the counties of Contra Costa, Los Angeles, Monterey, Napa, San Benito, Santa Clara and Sonoma by approximately 44 square miles. This would result in a total of approximately 3,698 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas.

Date submitted to OAL: 09/22/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/24/09

Effective Date: 09/24/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 09/01/2009 — Expand Alameda, Contra Costa, Monterey, Napa, San Benito and Solano Counties

This emergency amendment of Section 3434(b) will expand the regulated areas existing in Alameda, Contra Costa, Monterey, Napa, San Benito and Solano Counties by adding approximately 161 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. This results in a total of approximately 3,654 square miles under regulation within the State. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 09/01/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/03/09

Effective Date: 09/03/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 08/10/2009 — New Regulated Area in Long Beach Area of Los Angeles County and New Regulated Area in the Los Osos Area of San Luis Obispo County

This emergency amendment of Section 3434(b) will establish a new regulated area of approximately nine square miles in the Long Beach area of Los Angeles County and approximately 11 square miles in the Los Osos area of San Luis Obispo County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This results in a total of approximately 3,493 square miles under regulation within the State. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 08/10/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/13/09

Effective Date: 08/13/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 07/30/2009 — Expand Areas in Santa Clara, Solano and Sonoma, Remove Parkfield Area in Monterey County, and Exempt Listed Commodities

This emergency amendment expands the regulated area in Santa Clara County by approximately six square miles, expands the regulated area of Solano County by approximately four square miles and expands the regulated area in Sonoma County by approximately four square miles. It eliminates (approximately 14 square miles) of the regulated area in the Parkfield area of Monterey County. This results in a total of approximately 3,473 square miles under regulation within the State. The effect of this amendment to the regulation is to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas.

On June 30, 2009, the LBAM Project determined additional commodities which could be exempted from the regulation (Email dated June 30, 2009 from Bob Dowell to Stephen Brown and its attachments). These commodities include: arugula, bulb crops without tops, chard, cucumber, eggplant, endive, escarole, frisee, garlic without tops, kiwi, leeks, litchi tomato, mache, melons, onions without tops, parsnips without tops, radicchio, rapini, rutabagas without tops, seed crops without other plant material, tuber crops without tops, turnips without tops and zucchini. The Department is exempting these commodities from the restrictions of this regulation. The effect of this change to the regulation is to remove authority for the State to regulate these qualifying commodities for LBAM.

Date submitted to OAL: 07/30/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/05/09

Effective Date: 08/05/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 07/16/2009 — Expand Two Counties, Add Gonzales, Manteca and Fairfield Areas — 2009

This emergency amendment of Section 3434(b) will expand the regulated area in Contra Costa County by approximately 32 square miles. It will expand the regulated area of Hollister, San Benito County by approximately 12 square miles. It will establish new quarantine areas in the Gonzales area of Monterey County (approximately 16 square miles), Manteca area of San Joaquin County (approximately 18 square miles) and Fairfield area of Solano County (approximately 15 square miles) as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). These changes will result in a total of approximately 3,473 square miles under regulation within the State. The effect of this amendment to the regulation will be to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 07/16/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/24/09

Effective Date: 07/24/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 06/24/2009 — Expand Multiple Areas, Including Petaluma, Sonoma County

This emergency amendment of Section 3434(b) will expand the contiguous regulated area in the counties of Alameda, Marin, Monterey, San Mateo, Santa Clara, Santa Cruz by approximately 165 square miles. It will expand the contiguous regulated area of Napa, Solano and Sonoma by approximately 30 square miles. It will expand the regulated Petaluma area of Sonoma County by approximately 17 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This will result in a total of approximately 3,329 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas.

Date submitted to OAL: 06/24/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 06/30/09

Effective Date: 06/30/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 06/17/2009 — Remove Carpinteria Area in Santa Barbara County

This emergency amendment of Section 3434(b) will remove the regulated area (approximately 10 square miles) in the Carpinteria area of Santa Barbara County as an area under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 3,184 square miles still under regulation within the State. The effect of this amendment of the regulation is to remove the authority for the State to perform quarantine activities against LBAM in this area.

Date submitted to OAL: 06/17/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 06/22/09

Effective Date: 06/22/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 06/08/2009 — Expand Multiple Areas, Add Gilroy Area

This emergency amendment of Section 3434(b) will expand the contiguous regulated area in the counties of Alameda, Contra Costa, Monterey, San Mateo, Santa Clara and Santa Cruz, Solano and Sonoma by approximately 233 square miles. It will expand the contiguous regulated area of Napa, Solano and Sonoma by approximately 62 square miles. It will expand the regulated Hollister area of San Benito County by 22 square miles and the regulated Sebastopol area of Sonoma County by approximately 65 square miles. It will also establish a new regulated area of approximately 34 square miles in the Gilroy area of Santa Clara County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 3,194 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 06/08/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 06/15/09

Effective Date: 06/15/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 05/20/2009 — Add Davis Area, Yolo County

This emergency amendment of Section 3434(b) will establish a new regulated area in the Davis area of Yolo County of approximately 38 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 2,780 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 05/20/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/26/09

Effective Date: 05/26/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 05/15/2009 — Add Petaluma Area, Expand Four Counties

This emergency amendment of Section 3434(b) will establish a new regulated area in the Petaluma area of Sonoma County of approximately 40 square miles, expand the regulated area of Napa County by approximately 20 square miles and expand the regulated area in the counties of Alameda, Contra Costa and Santa Clara by approximately 85 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 2,742 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 05/15/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 05/20/09

Effective Date: 05/20/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 04/20/2009 — Expand Multiple Areas, Four Counties

This emergency amendment of Section 3434(b) will establish new regulated areas in the Napa area of Napa County (approximately 19 square miles); the Hollister area of San Benito County (approximately 16 square miles); and, the Cotati and Rohnert areas (approximately 13 square miles) and the Healdsburg area (approximately 16 square miles) of Sonoma County. This proposed change would expand the regulated areas of Napa and Sonoma counties (approximately 33 square miles) and Alameda County (approximately 14 square miles). as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 2,597 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 04/20/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 04/27/09

Effective Date: 04/27/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: Unknown — Expand Four Counties

This proposed change would expand the regulated area in Alameda and Marin counties by approximately 61 square miles and expand the regulated area of Solano and Sonoma counties by approximately 11 square miles. This would result in a total of approximately 2,486 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas.

Date submitted to OAL: Unknown

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 03/30/09

Effective Date: 03/30/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: Unknown — Expand Santa Clara County and add Sebastopol area in Sonoma County

This change expanded the regulated area in Santa Clara County by approximately 64 square miles and established a new regulated area of approximately 18 square miles in the Sebastopol area of Sonoma County. There is now a total of approximately 2,414 square miles under regulation within the State.

Date submitted to OAL: Unknown

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 03/10/09

Effective Date: 03/10/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: Unknown — Expand Monterey, San Mateo and Santa Clara Counties

This proposed change would expand the regulated area in Monterey, San Mateo and Santa Clara counties by approximately 80 square miles. This would result in a total of approximately 2,332 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM (Epiphyas postvittana) in these additional areas.

Date submitted to OAL: Unknown

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 02/27/09

Effective Date: 02/27/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 01/27/2009 — Expand Multiple Areas, Including Greenfield, Monterey County

This emergency amendment of Section 3434(b) will expand (by approximately 144 square miles) the contiguous regulated area in the Bay Area counties and Monterey, San Benito and Santa Cruz counties. This proposed change would also expand, by approximately 12 square miles, the regulated area surrounding the Greenfield area of Monterey County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 2,252 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 01/27/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 02/05/09

Effective Date: 02/05/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 01/08/2009 — Expand and Merge Various Areas

This emergency amendment of Section 3434(b) will expand (by approximately 118 square miles) the contiguous regulated area in the Bay Area counties; the contiguous area in Monterey, San Benito and Santa Cruz counties; and the Dublin area of Contra Costa County and merge these areas into one regulated area. This proposed change would also expand, by approximately 22 square miles, the regulated area surrounding the Pescadero area of San Mateo County. This would result in a total of approximately 2,087 square miles under regulation within the State for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.

Date submitted to OAL: 01/08/09

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 01/14/09

Effective Date: 01/14/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 12/05/2008 — Expand Five Counties

This emergency amendment of Section 3434(b) will expand the contiguous regulated area in the Bay Area counties by approximately 38 square miles, in Monterey, San Benito, Santa Clara and Santa Cruz counties by approximately five square miles and in Napa, Solano and Sonoma counties by approximately 44 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would result in a total of approximately 1,947 square miles under regulation within the State. The effect of this proposed change to the regulation will be to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 12/05/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 12/12/08

Effective Date: 12/12/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 11/05/2008 — Expand Nine Counties and Add One New Area

This emergency amendment of Section 3434(b) will expand the contiguous regulated area in Alameda and Contra Costa counties by approximately 24 square miles, in Monterey, San Benito, Santa Clara and Santa Cruz counties by approximately 12 square miles and in Napa, Solano and Sonoma counties by approximately one square mile as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The proposed change would also establish a new regulated area of approximately 20 square miles in the Greenfield area of Monterey County. This would result in a total of approximately 1,843 square miles under regulation within the State. The effect of this amendment of the regulation is to establish and remove, respectively, the authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 11/05/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 11/12/08

Effective Date: 11/12/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 10/16/2008 — Expand Six Counties and Reduce Sonoma County

This emergency amendment of Section 3434(b) will expand the regulated areas in Contra Costa (approximately four square miles), Monterey (approximately 11 square miles), Santa Clara (approximately 16 square miles), and in Napa, Solano and Sonoma counties (approximately 32 square miles) as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The proposed change would also remove approximately 15 square miles from Sonoma County. This would make a total of approximately 1,798 square miles under regulation within the State. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 10/16/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 10/20/08

Effective Date: 10/20/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 10/07/2008 — Expand Alameda County (Pleasanton/Dublin Area)

This emergency amendment of Section 3434(b) will expand the existing regulated area in the Pleasanton/Dublin area of Alameda County (approximately 11 square miles) as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would make a total of approximately 1,753 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 10/07/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 10/14/08

Effective Date: 10/14/08

Readopted: 05/01/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 09/19/2008 — Expand San Mateo & Napa Counties

This emergency amendment of Section 3434(b) will expand the regulated area in San Mateo County (approximately five square miles) and Napa County (approximately 14 square miles) as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would make a total of approximately 1,742 square miles under regulation within the State. The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 09/19/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/23/08

Effective Date: 09/23/08

Readopted: 05/01/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 09/05/2008 — Expand Contra Costa, San Mateo & Solano Counties

This emergency amendment of Section 3434(b) will expand the regulated areas in Contra Costa (approximately three square miles), San Mateo (approximately two square miles) and Solano (approximately four square miles) for a total of approximately nine square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). This would make a total of approximately 1,723 square miles under regulation within the State. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 09/05/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 09/10/08

Effective Date: 09/10/08

Readopted: 05/01/09


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 08/22/2008 — New Area in Napa & Sonoma Counties

This emergency amendment of Section 3434(b) will establish a new regulated area of approximately 19 square miles in the Napa and Sonoma areas of Napa and Sonoma Counties as an additional area under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 08/22/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/26/08

Effective Date: 08/26/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 08/15/2008 — Expand Monterey County

This emergency amendment of Section 3434(b) will expand the regulated area in Monterey County by adding approximately six square miles in the Carmel area and establish a new regulated area approximately 14 square miles surrounding the Parkfield area as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 08/15/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/18/08

Effective Date: 08/18/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 08/06/2008 — Expand Marin, Monterey and Santa Clara Counties

This emergency amendment of Section 3434(b) will expand the regulated areas existing in Marin County (approximately two square miles), Monterey County (approximately four square miles) and Santa Clara County (approximately eight square miles) as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 08/06/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 08/13/08

Effective Date: 08/13/08


Section 3434, Light Brown Apple Moth Interior Quarantine — OAL: 07/22/2008 — Expand Santa Clara County

This emergency amendment of Section 3434(b) will expand the regulated areas existing in Santa Clara County by adding approximately seven square miles as an additional area under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.

Date submitted to OAL: 07/22/08

Office of Administrative Law’s Decision: Approved

Date filed with Secretary of State: 07/28/08

Effective Date: 07/28/08


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand Monterey & Santa Cruz Counties

Effective July 11, 2008. This emergency amendment of Section 3434(b) will expand (approximately 18 square miles) the regulated areas existing in Monterey and Santa Cruz Counties for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to establish authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expanding and Adding Vallejo Area

Effective June 16, 2008. This emergency amendment of Section 3434(b) will expand (approximately 65 square miles) the contiguous regulated area existing in Alameda, Contra Costa, Marin, San Francisco, Santa Clara and San Mateo Counties and expand the Vallejo area (approximately three square miles) of Solano County for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Add Half Moon Bay Area

Effective June 11, 2008. This emergency amendment of Section 3434(b) will expand (approximately 17 square miles) the contiguous regulated area existing in Alameda, Contra Costa, Marin, San Francisco, Santa Clara and San Mateo Counties to add the Half Moon Bay area for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expanding Eight Counties and Adding Novato Area

Effective June 4, 2008. This emergency amendment of Section 3434(b) will expand (approximately 118 square miles) the contiguous regulated area in Alameda, Contra Costa, Marin, San Francisco, Santa Clara and San Mateo counties; expand (approximately 27 square miles) the regulated area in the Monterey and Santa Cruz Counties; and establish a new regulated area (approximately 16 square miles) in the Novato area of Marin County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Merge Contra Costa, Expand Santa Cruz

Effective May 23, 2008. This emergency amendment of Section 3434(b) will expand (approximately 23 square miles) the contiguous regulated area in Alameda, Contra Costa, Marin, San Francisco, Santa Clara and San Mateo counties and merge it with the Martinez area of Contra Costa County; and expand the regulated area in Watsonville area (approximately three square miles) of Santa Cruz County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Merge San Mateo and Santa Clara, Expand Solano and Add Martinez

Effective May 7, 2008. This emergency amendment of Section 3434(b) will expand (approximately 22 square miles) and merge the contiguous regulated area in San Mateo and Santa Clara counties with that area currently existing in Alameda, Contra Costa, Marin, San Francisco and San Mateo counties; expand (approximately five square miles) the Vallejo area of Solano County and establish a new regulated area in the Martinez area (approximately 28 square miles) of Contra Costa County as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand San Benito and Add Sonoma

Effective May 2, 2008. This emergency amendment of Section 3434(b) will expand the contiguous regulated area Monterey, San Benito and Santa Cruz Counties in the Aromas area of San Benito County by adding approximately two square miles and establishing a new regulated area in the Sonoma area of Sonoma County by adding approximately 15 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand San Jose Area in Santa Clara

Effective April 18, 2008. This emergency amendment of Section 3434(b) will expand the contiguous regulated area San Mateo and Santa Clara Counties in the San Jose area of Santa Clara County by adding approximately 99 square miles as an additional area under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand San Rafael Area of Marin

Effective April 8, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in the San Rafael area of Marin County by approximately 23 square miles an additional area under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Add Santa Barbara & Expand Monterey

Effective March 21, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in the Salinas area of Monterey County by approximately nine square miles and establish a new regulated area in Carpinteria area of Santa Barbara County of approximately ten square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expanding Alameda County

Effective March 17, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in the Castro Valley area of Alameda County by approximately 12 square miles as additional areas under quarantine for light brown apple moth (Epiphyas postvittana) (LBAM). The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand and Reduce Contra Costa County

Effective March 12, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in the Orinda area of Contra Costa County by approximately nine square miles as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). As a result of this proposed change, the total proposed regulated area would increase by approximately nine square miles for a total of approximately 1,185 square miles. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. The proposed amendment of Section 3434(b) will also remove approximately 17 square miles of the regulated area in the Danville area of Contra Costa County. The effect of this proposed change to the regulation will be to remove authority for the State to perform quarantine activities against LBAM in this additional area. The total approximate square miles under regulation will now be 1,168.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand Area in Marin

Effective February 22, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in Marin County (Muir Beach area) as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). As a result of this proposed change, the total proposed regulated area would increase by approximately one square mile to approximately 1,176 square miles. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand Area in San Mateo

Effective February 11, 2008. This emergency amendment of Section 3434(b) will expand the regulated area in San Mateo County (Foster City area) as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). As a result of this proposed change, the total proposed regulated area would increase by approximately seven square miles to approximately 1,175 square miles. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand Area in Contra Costa

Effective February 4, 2008. This emergency amendment of Section 3434(b) will expand the contiguous regulated area in the counties of Alameda, Contra Costa, Marin, San Francisco and San Mateo as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). As a result of this proposed change, the total proposed regulated area would increase by approximately 10 square miles to approximately 1,168 square miles. The effect of this amendment of the regulation is to provide authority for the State to perform quarantine activities against LBAM in this additional area. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand Six Counties

Effective December 21, 2007. This emergency amendment of Section 3434(b) will expand the contiguous regulated area in San Mateo and Santa Clara counties by approximately six square miles. The proposed amendment of Section 3434(b) will expand the contiguous regulated area in the counties of Alameda, Contra Costa, Marin, San Francisco and San Mateo counties by approximately 14 square miles as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). Approximately 20 total square miles will be added to the current regulated area for a total regulated area of approximately 1,158 square miles. The effect of this proposed change of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Remove Oakley Area of Contra Costa County

Effective December 3, 2007. This emergency amendment of Section 3434(b) will remove the regulated area surrounding the Oakley area of Contra Costa County by approximately 15 square miles to approximately 1,138 square miles from the area under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). The effect of this proposed change to the regulation will be to remove authority for the State to perform quarantine activities against LBAM in the Oakley area of Contra Costa County. To remove unnecessary quarantine restrictions it is necessary to remove this regulated area immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand San Mateo & Santa Clara and Remove Los Angeles & Napa

Effective November 29, 2007. This emergency amendment of Section 3434(b) will establish additional portions of San Mateo and Santa Clara counties as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). The proposed amendment of Section 3434(b) will remove the regulated area in Los Angeles and Napa counties; and reduce the regulated areas in Marin, Monterey and Santa Clara counties. Approximately five total square miles are being proposed to be added to the current regulated area. As a result of these proposed changes, the total proposed regulated area would decrease by approximately 102 square miles to approximately 1,153 square miles. The effect of these proposed changes to the regulation will be to provide or remove authority for the State to perform quarantine activities against LBAM in these additional areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — Expand San Mateo, Monterey & Santa Cruz

Effective November 8, 2007. This emergency amendment of Section 3434(b) will establish additional portions of Monterey, San Mateo and Santa Cruz counties as additional areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). This emergency amendment will expand the Half Moon Bay (approximately four square miles) and Pescadero (approximately seven square miles) areas of San Mateo County; and, the contiguous regulated area of Monterey and Santa Cruz counties by approximately 36 square miles. Approximately 47 total square miles will be added to the current regulated area for a total regulated area of approximately 1,255 square miles. The effect of these amendments of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these additional regulated portions of the counties. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately. Therefore, it is necessary to amend this regulation as an emergency action.


Section 3434, Light Brown Apple Moth Interior Quarantine — More Expanded Areas

Effective September 28, 2007. This emergency amendment of subsection 3434(b) will expand the Fremont area of Alameda County (-23 sq. mi.); the contiguous regulated area of San Mateo and Santa Clara counties (-21 sq. mi.); the contiguous regulated area of Monterey and Santa Cruz counties (-15 sq. mi.) and the Vallejo area of Solano County (-3 sq. mi.) as areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). A new contiguous regulated area will be established and consist of Alameda, Contra Costa, Marin, San Francisco and San Mateo counties due to an expansion (-97 sq. mi.) in these counties. Additionally, two new independent areas will be established: in the south Napa area of Napa County (- 12 sq. mi.) and in the Pescadero area of San Mateo County (-16 sq. mi.). Approximately 159 square miles will be added for a total regulated area of approximately 1,208 square miles. The emergency amendment will also exempt certain commercially-produced fruits and vegetables from regulation. The effect of these amendments of the regulation is to provide authority for the State to perform quarantine activities against LBAM in these regulated portions of the counties and deregulate certain commercially-produced fruits and vegetables.


Section 3434, Light Brown Apple Moth Interior Quarantine — Two New & Eight Expanded Counties

This emergency amendment of subsection 3434(b) will add two new counties, Los Angeles (Sherman Oaks area)(-11 sq. mi.) and Solano (Vallejo area)(-9 sq. mi.), as areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). It also will establish additional quarantine areas in the Hayward area (-19 sq. mi.) of Alameda County; the Greenfield area (-21 sq. mi.) of Monterey County; the Millbrae area (-8 sq. mi.) of San Mateo County; and the San Jose area (-12 sq. mi.) of Santa Clara County. The emergency amendment will also expand or merge other current regulated areas in the counties of Contra Costa, Marin, Monterey, San Francisco, San Mateo, Santa Clara and Santa Cruz. The total regulated land mass area will be approximately 989 square miles. The effect of this regulation (effective 7/18/2007) will be to provide authority for the State to perform quarantine activities against LBAM in these areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.


Section 3434, Light Brown Apple Moth Interior Quarantine — Four Additional Areas

This emergency amendment of subsection 3434(b) will establish additional quarantine areas in the Fremont area of Alameda County; the Bonny Doon and Scott’s Valley areas of Santa Cruz County; and, the Mt. Madonna area of Monterey County as the areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). The total proposed land mass area to be under quarantine is now approximately 784 square miles. The proposed amendments of subsection 3434(c) will also establish all harvested fruits and vegetables as hosts and possible carriers of LBAM and delete all references to specific genera. The effect of this regulation will be to provide authority for the State to perform quarantine activities against LBAM in these areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately (effective June 21, 2007).


Section 3434, Light Brown Apple Moth Interior Quarantine — Napa Area

This emergency amendment of Section 3434(b) will establish an additional quarantine area in the Napa area of Napa County (approximately ten square miles) as the area under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). The total proposed land mass area to be under quarantine is now approximately 735 square miles. The existing text under subsections 3434(b)(8), 3434(b)(9) and 3434(b)(10) will be renumbered as subsections 3434(b)(9), 3434(b)(10) and 3434(b)(11), respectively. The effect of this regulation will be to provide authority for the State to perform quarantine activities against LBAM in this portion of Napa County. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.


Section 3434, Light Brown Apple Moth Interior Quarantine — Additional Areas

This emergency amendment of Section 3434(b) will establish additional quarantine areas in the counties of Alameda (Dublin & Fremont areas), Contra Costa (Danville & Oakley areas), Marin (Tiburon area), Monterey (Seaside, Pajaro & Prunedale areas), San Mateo (Belmont, Colma, Half Moon Bay & Redwood City areas), Santa Clara (Cupertino area) and Santa Cruz (coastal area from Santa Cruz to the Monterey County boundary) as the areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). Additionally, as a result of expanding existing areas or establishing new regulated areas, some of the regulated areas will become merged into contiguous areas. The total proposed land mass area to be under quarantine is now approximately 725 square miles. The effect of this regulation is to provide authority for the State to perform quarantine activities against LBAM in these areas. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.


Section 3434, Light Brown Apple Moth Interior Quarantine — Five Counties

This emergency adoption of Section 3434(b) will establish portions of Alameda, Contra Costa, Marin, San Francisco, and Santa Clara counties as the areas under quarantine for light brown apple moths (Epiphyas postvittana) (LBAM). The total quarantine land mass area to be under quarantine is approximately 182 square miles. The proposed adoption of Section 3434(c) will establish nursery stock, green waste, fresh garlands, wreaths, cut flowers, greens and certain harvested commodities derived from specified plants produced within the regulated area; and, possible carriers as articles and commodities regulated; and, the exemptions. The proposed adoption of Section 3434(d) will establish the restrictions on movement, both within and from the regulated area, on those articles and commodities covered. The effect of this regulation will be to provide authority for the State to perform quarantine activities against LBAM in portions of Alameda, Contra Costa, Marin, San Francisco and Santa Clara counties. To prevent the spread of the LBAM to non-infested areas in order to protect California's agricultural industry and environment, it is necessary to begin quarantine activities against the LBAM immediately.


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