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HomeMy WebLinkAboutContracts & Agreements_40-2020cdfa CALIFORNIA DEPARTMENT OF F0Oo a AGRICULTURE • USDAl cited tales llrpartlnent ul'.‘griculture iniinal and Plant Health in,pcctiun Seri icc Plant I'rutectiun aid Quarantine COOPERATIVE ASIAN CITRUS PSYLLID AND HUANGLONGBING QUARANTINE PROGRAM COMPLIANCE AGREEMENT SAN BERNARDINO County Agricultural Commissioner / CDFA! USDA [Pursuant to California Food and Agriculture Codes 5701-5705, California Code of Regulations 3435, 3439, and 3154, and the Federal Domestic Quarantine Order: Citrus Greening Disease and Asian Citrus Psyllid] and Master Permits QC1386, QC1464, and QC1480 County Agricultural Commissioner's Office Street Address: 777 EAST RIALTO AVENUE SAN BERNARDINO CA 92415-0720 Phone: (909) - 387 - 2105 Fax: (909) - 387 - 2449 Contact: ALLEN LAMPMAN Compliance Agreement Number: 3- H L 3 0/ Hi Establishment Name: CAFel/A4 &rbvt Owner / Manager Name: City of Redlands Mailing Address: p0 Box 3005 City: Redlands Zip: 92373 Physical Address: 1050 Calt,hcn IX '-, City: Redlands Zip: 92373 Phone: (909 ) 798-7655 x4710 E-Mail: zlabonte@cityofredlands.org Cross Street: Ped,lp,nd6 &lard Lat/Long: 34.03' 57, cir N I I1' 1318i,, (oi'W Program: The San Bernardino County Agricultural Commissioner, the California Department of Food and Agriculture (CDFA), and the United States Department of Agriculture (USDA), cooperating as the Asian Citrus Psyllid and Huanglongbing Disease Quarantine Program. Business/Establishment: Establishment Name (subsequently referred to as "Establishment"): elkA-etiof &trove, Background: The pests known as Asian citrus psyllid (ACP) and Huanglongbing (HLB) present a real and ongoing threat to the agricultural industry, environment and economy of the State of California. Movement of regulated articles and commodities is a recognized channel for the spread of ACP and HLB from established areas to new locations. The ACP and HLB Quarantine Program is a cooperative effort between public entities that are responsible for mitigating the movement of ACP from regulated areas where the pest is established to new locations. The list of regulated articles and commodities can be found here: http://phpps.cdfa.ca.qov/PE/InteriorExclusion/pdf/acpexhibitr.pdf 4/13/2018 Page 1 of 2 AGREEMENT: A. The Asian Citrus Psyllid and Huanglongbing Quarantine Program, hereafter referred to as the Program, will permit your establishment to self -execute the Asian Citrus Psyllid and Huanglongbing quarantine requirements attached as exhibits checked below, inclusive and incorporated into this agreement by reference as if fully set out. The exhibits checked below are binding: Check all that apply: ❑ Exhibit ACP Citrus-G Grower / Grove Manager ❑ Exhibit ACP Citrus -PH Citrus Packer / Citrus Juicer/ Citrus Processor ❑ Exhibit ACP Citrus-T Transporter / Hauler — Citrus Fruit ❑ Exhibit ACP Citrus-FS Citrus Fruit Seller ❑ Exhibit 1386-G Grower / Grove Manager — Mandarins with Stems and Leaves ❑ Exhibit 1386-PH Packer / Processor — Mandarins with Stems and Leaves ❑ Exhibit 1386-T Transporter / Hauler — Mandarins with Stems and Leaves Exhibit 1480-G Grower / Grove Manager in an HLB Quarantine Area ❑ Exhibit 1480-PH Packer / Processor — Citrus Fruit Grown in an HLB Quarantine Area ❑ Exhibit A Fruit Seller / Distributor in an HLB Quarantine Area ❑ Exhibit X1 Program Management Practices for Aerial Spray Treatments Exhibit X2 Program Management Practices for Ground Spray and Drench Treatments [Zr Exhibit X3 Program Management Practices for Hazardous Materials Spills . In exchange for the Program's promise contained in sub -paragraph "A" above, the Establishment agrees to abide by the following rules and regulations: 1. Handle, process, and/or move regulated articles in accordance with the Asian Citrus Psyllid and Huanglongbing quarantine requirements; 2. Follow the Program's instructions regarding the use of all permits and certificates; 3. Maintain and make such records, as the Program requires, accessible for inspection upon reasonable notice by the Program Officer. These records shall be maintained for a period of the later of 2 years or the resolution of any outstanding claims. C. This agreement becomes effective on signing and shall remain in effect until canceled by either party on 30 days notice to the other at the address of either appearing above. However, the Program may accelerate the notice to immediate for cause, including but not limited to the Establishment's abandonment of the procedures outlined in the attached Exhibit(s). ID. Establishment assumes liability, if any, arising from the manner in which Establishment sells, handles or distributes any regulated host material. NOTICE: Any signatory or employee of any signatory who violates the terms of this Compliance Agreement may be subject to civil penalties pursuant to California Food and Agricultural Code Section 5705. Signed in the County of San CBernardhio in the State of California on 3 / s'' / —�� Establishment Manager/Owner Program Officer Print Name: PAUL W. FOSTER, MAYOR Print Name: 4\-- C-4i b_./1,-,_. 4-1, Signature: _,a7-ti(re1Z Signatt ATTEST: .NNE DONALSON, CITY CLERK 4/13/2018 Page 2 of 2 cdfa CALIFORNIA DEPARTMENT OF FOOD R. AGRICULTURE USDA United States Department of Agriculture Animal and Plain Health Inspection Service Plant Protection and Quarantine COOPERATIVE HUANGLONGENG OILS) QUARANITONE PROJECT Articles and Commodities Covered 1. The following are declared to be hosts and possible carriers of the disease HLB and ACP; all plants, plant parts and propagative seed of: Aeglopsis chevalieri (Chevalier's aeglopsis) Balsamocitrus dawei (Uganda powder -flask) Bergera (=Murraya) koenigii (curry leaf) Calodendrum capense (Cape Chestnut) X Citroncirus webbed (citrange) Citrus aurantiifolia (lime, Key lime, Persian lime, lima, limtin agrio, limon ceutf, lima mejicana, limero) Citrus aurantium (sour orange, Seville orange, bigarde, marmalade orange, naranja agria, naranja amarga) Citrus hystrix (Mauritius papeda, Kaffir lime) Citrus jambhiri (rough lemon, jambhiri-orange, limon rugoso, rugoso) Citrus limon (lemon, limon, limonero) Citrus madurensis (=X Citrofortunella microcarpa) (calamondin) Citrus maxima (pummelo, pomelo, shaddock, pompelmous, toronja) Citrus medica (citron, cidra, cidro, toronja) Citrus meyeri (Meyer lemon, dwarf lemon) Citrus x nobilis (king mandarin, tangor, Florida orange, King -of -Siam) Citrus x paradisi (grapefruit, pamela, toronja) Citrus reticulata (mandarin, tangerine, mandarina) Citrus sinensis (sweet orange, orange, naranja, naranja dulce) Citrus spp, Clausen indica (clausena) C.lansium (wampi, wampee) Fortunella crassifolia (Meiwa kumquat) Fortune& margarita (Nagami kumquat, oval kumquat) Fortunella polyandra (Malayan kumquat) Fortunella spp. Limonia acidissima (Indian wood apple) Microcitrus australasica (finger -lime) Murraya spp. (curry leaf, orange jasmine, Chinese -box, naranjo jazmin) Ponclrus trlfbliata (trifoliate orange, naranjo trebol) Severinia buxifolia (Chinese box -orange) Swinglea glufinosa (tabog) Triphasia trifolia (trifoliate limeberry, triphasia) Vepris (=Toddalia) lanceolata. (white ironwood) 2. Any other articles or commodities which are infested or exposed to infestation by ACP or ULB. 3. Possible carriers shall include all appliances used in the growing, harvesting, processing and hauling of the host plants and plant parts and any green waste residues including but not limited to tractors, trailers, trucks, planting, picking and pruning equipment and processing machinery and any other article, thing or means of conveyance when it is determined by the Secretary or county agricultural commissioner to present a hazard of spreading live life stages of the ACP or HLB and the person in possession thereof has been so notified. 4. Exemptions. The following articles are exempt from the provisions of this subsection: a. Host fruit commercially cleaned, graded and packed within the regulated area may move within or from the area. b. Host fruit moved in bulk containers or bins which have been cleaned using normal packing house procedures. c. Dying or dead plant material (green waste) that has been processed or handled or treated in a manner approved by the Secretary to eliminate live life stages of the ACP and is moved directly to a city or county sanitary landfill or State licensed compost facility within the quarantine area. Clout -emu( @t(0ve Establishment Name PAUL W. FOSTER Printed name (Owner/Manager) ATTEST: ANNE DONALDSON,CITY CLERK ature of Establishment 3/I7/2s Zo Date CA LFFO -I IA [1 FPARI . tcdfa 11I OF FOOo G AG RI Cl14T [I RE USDA A t_isxi€ dSttti Dci;uF»}seaturAgricttitssre niln.it turd Pinot Ih uith in5pectiult Service I Plant Protection and Quaruutiue EXH9BIT: 1480 -- G G(wiO ER / G:'•OVE MANAGER PROVISIONS FOR THE INTRASTATE MOVEMENT OF BULK. CITRUS FRUIT WITHIN OR. FROM A HUANGLONGBING DISEASE STATE INTERIOR QUARANTINE AREA To Be Used in Conjunction with QC Permit 1480 Establishment agrees to the following: 1. Transporting Citrus Fruit to a Receiver WITHIN the Same Contiguous Huanglong,bing (FILB) Quarantine Area If the receiver is located. within the same contiguous HLB- quarantine area, (1)(a) or (1).(b) must Oa completed in addition to completing an original HLB Pest Risk Mitigation Form required in (3). a. "Field Cleaned" Option: Fruit must be field cleaned and be practically free from all stems, leaves, and other extraneous host material prior to leaving the origin grove for packing/processing. Field cleaned citrus fruit may move from the grower to th:e packer/processor. b. "Spray and Harvest" or "Post -Harvest Treatment." Options: Fruit may be transported under the treatment option if the grove. or fruit is treated with a CDFA agreed upon, pre -harvest or post- harvest product effective against psyllids. The method and product used in the "treatment option must be listed on the ACP Grower information page: httpllohpos.cdifa.ca.00vIPE111nteitiiovExclusionipdffacogrowerinfotrnation.pdf 2. Transportiing Citrus Fruit to a Receiver Located OUTSIDE of an HLB Quarantine Area or to a Non -Contiguous HLB Quarantine Area If the receiver is located outside of an HLB quarantine area or in a non-contiguous HLB quarantine area, (2)(a) or TWO options out of (2)(b), (2)(c), and (2)(d) must be completed prior to shipping fruit to th.e packer. In groves where HLB has been previously confirmed positive, all leaves, stems, branches, and debris shall be removed from the fruit prior to movement outside of the quarantine area. in addition, an original completed, HLB Pest Risk Mitigation Form as required in (3) must be submitted. a. "Wet Wash" Option:, Prior to moving out of the HLB quarantine area, the citrus fruit must be run through a wet wash to remove all stems, leaves, and plant debris from the fruit. The process shaft include a combination of thoroughly wetting the fruit by spraying/dunking/drenching with water and brushing/cleaning. b. "Field Cleaned" Option: Fruit must be field cleaned and be practically free from all stems, leaves, and other extraneous host material prior to leaving the origin grove for packing/processing. Field cleaned citrus fruit, if also treated with an option listed in (2)(c) or (2)(d), may move from the grower to the packer/processor. c. "Spray and Harvest" Option: The grove must be treated with a CDFA agreed upon pre -harvest product effective against psyllids within 14 days of harvest. The product used in the "spray and harvest" option must be listed on the ACP Grower Information page: httpariohops.cdfa.ca. fPE InterioirE-xclusotn//obis+ roweijnforrr ai .pcJt. Fruit treated with the "spray and harvest" option, if field cleaned as described in (2)(b) or treated as described in (2)(d), may move to the packer/processor. d. "Post -Harvest Treatment" Option: Fruit must be treated with a CDFA agreed upon post -harvest product effective against psyllids. The treatment method and product used in the "post -harvest. treatment" option must be listed on the ACP Grower Information page: htto://Phpias.cdfa.ca.00v/PF. InterxcrExclusiontadfcacporowerinforrnation.trclf. Fruit treated with the "post -harvest treatment" option,, if field cleaned as described in (2)(b) or treated as described in (2)(c), may move to the packer/processor. 2/2/2018 Page 1 of 3 cdfa CAL).FORr41A DEPARTMENT Or FOOD B: AGRICULTURE USDA 1 ti teFt States- DelxcrtnwFat of rim/tare qq :�nFmni: and i`hint Health covet:don Service d milt ProtectiOn rind Quarantine 3. HLB Pest Risk Mitigation Form For each citrus grove to be harvested, complete and submit the "HLB Pest Risk Mitigation" form to the local County Agricultural Commissioner at least 72 hours in advance of harvest to ensure the risk of spreading HLB with the movement of the shipment has been mitigated. The "HLB Pest Risk Mitigation" form is available online at: htios://www.cdfaza.codoilant/PEInteriorExclusionipdfs/11LB/hill?iciest r q miitioaltioritomraclif 4. Notification of Shipment The Establishment shall notify the County Agricultural: Commissioner of the receiving county at least 72 hours prior to transport of any shipment. Notification shall include all of the following information: ® Receiver: name and complete physical destination address C Date of shipment(s) and estimated date/time of arrival. m Weight or amount of shipment(s) (# of trucks, It of binsoffruit, etc.) . 5. Establishments Under Compliance a. Ensure fruit is transported/hauled in a fully enclosed vehicle or completely covered by a solid or mesh tarp and in accordance with the terms listed in Compliance Agreement Exhibit "ACP Citrus- T", regardless of origin or destination, by transporters/haulersunder compliance with; the Program. b. Ensure fruit is delivered to and handled by packers/processors under compliance with the Program. Establls/-jrnents operating under compliance can be verified online at: https:/lwww_cdfa.ca.ctovfolant/hlb/reap establiishments.htnd 6. Harvesting Equipment. Harvesting equipment (including containers, barrels, bins, etc.) used for harvesting and hauling/transporting citrus fruit must be free of leaf and stem debris prior to movement from the harvested grove. 7. Green Waste Disposal All green waste, including leaf and stem debris, must be disposed of in accordance with the Program!, local County Agricultural Commissioner, under QC Master Permit 1337 or other Program approved manner. 8. Trapping and Inspection Establishment shall allow agricultural officials to inspect the premises to ensure compliance with this agreement and to place and service traps for the detection of ACP as deemed necessary. 9. Records Maintain records of ail HLB host shipments, including shipments to packers/processors and green waste leaving the premises, for a minimum of two years. The Establishment shall provide such records to Program officials immediately upon request. 1Q. Training Ensure all employees receive training to be compliant with all specifications of the compliance agreement and this exhibit.. 11. Information Posting The Establishment shall regularly verify current HLB quarantine zones. The most up to date information. and quarantine areas may be viewed at: https://wuwv.,cdfa.ca_ooviolantfPEifnteriorExclusion/hfb ouarantine,htrnl. The Establishment shall also display informative posters and associated ACP/HLB information in a conspicuous location if supplied by the Program. 2/2/2018 Page 2 of 3 cdfa ctiLlFOnl7"bq. LIEPARTAtEHT OF rood E AGRICULTURE (i r,A Untie -CI SitItt'S tlf AgrN;utlu i Animal! anti Plant. Ileaftii limpecfilm Sersice `S0 Plant. Prutectiun anti Qum -mine 12. Violation. Violation of any terms of the compliance agreement or this exhibit shalt result in the suspension of the compliance- agreement until an investigation is completed and for a minimu-m period of two weeks. SPECIAL INSTRUCTIONS: PAUL W. FOSTER. MAYOR Printed name (Owner/Manager) ignature of Establishment Date Failure to comply with any stipulation outlined above may result in civil penalties pursuant to California Food and Agricultural Code Section 5705 and/or revocation of this Agreement. 2/2/2018 Page 3 of 3 cdfa CALtFORNIA DE FARTMENT 01= FOOD 6 AGRICULTURE 1 SDA United States Department of Agriculture l/JtJt1• Animal and Plant health Inspection Service California Asian Citrus Psyllid Program Exhibit — X2 Program Management Practices for Ground Spray and Drench Treatments Plant Protection and Quarantine Program Management Practices The following management practices (MPs) will be implemented when conducting ground spray or drench treatments. 1. Conduct a site Assessment • Verify site to be treated. • Take note of site conditions, such as soil texture, slope, water bodies, host plants, irrigation, and storm drains. • Identify and make plans to avoid streamside management areas and surface water. 2. Properly clean and calibrate all equipment to apply chemicals uniformly and in the correct quantities • Calibrate spray equipment per label instructions. • Perform equipment screening tests and tank sampling when appropriate. • Use dedicated specific equipment for specific products when appropriate. • Ensure equipment is cleaned properly per the manufacturer's specifications and pesticide label directions. • Select the appropriate nozzle to ensure proper coverage. • Maintain an equipment log to track calibration, cleaning, and repairs. • Conduct visual inspections of equipment before use. Check all equipment for leaking hoses, connections, and nozzles. • Monitor the operation of nozzles during the application. • Discontinue use immediately if equipment malfunctions or fails to pass screening tests. 3. Follow appropriate ground -rig foliar treatment procedures • Avoid direct applications to water bodies. • Maintain a 30-foot buffer around water bodies per National Pollutant Discharge Elimination System (NPDES) permit. • Use dripless nozzles or fan -type nozzles at low psi if available. • When using a blower boom, direct the blower boom to the precise angle needed to treat host plants. • Ensure the spray boom is equipped with an electric on/off switch to treat the precise target areas where host plants occur. • Monitor wind conditions. Delay or do not apply foliar sprays if wind speeds are over 10 miles per hour. • Perform ground -rig foliar treatments at low pressure, to reduce the quantity of fine droplet particles where applicable. • Allow only staff or private entities under contract to perform ground -rig spot treatments. • Check weather service prior to application. Delay foliar treatments if there is a 40% or higher chance of rain forecast to occur 24 hours before or after the planned application. 4. Follow pesticide application laws and regulations, and label directions • Read pesticide label. • Ensure staff is trained to properly apply pesticide. • Be aware of any regulations or internal procedures before applications. • Use appropriate application methods and rates. • Mix and load chemicals in areas where spills can be contained. Limit mixing and loading in the field. • Provide annual safety training for all treatment personnel. Revised: 3/18/2015 Pagel of 2 cdfa CALIFORNIA DEPARTMENT OP F OOG A. AGRICULTURE USDA United States Department of Agriculture Animal and Plant Health Inspection Service - Plant Protection and Quarantine 5. Follow appropriate low-pressure backpack treatment procedures • Avoid direct applications to water bodies. • Maintain a 30-foot buffer from water bodies per NPDES permit. Use dripless nozzles where applicable. • Direct the nozzle at the target to minimize drift. • Monitor wind conditions. Delay or do not apply foliar sprays if wind speeds are over 10 miles per hour. • Allow only trained staff to perform backpack spot treatments. • Monitor weather conditions. Delay foliar treatments if there is a 40% or higher chance of rain forecast to occur 24 hours. 6. Train personnel in proper use of pesticides • Conduct training for personnel in the safe and proper mixing, loading, and application of pesticides, in compliance with both federal and State pesticide regulations and the product label. • Require employees who supervise the handling and application of pesticides maintain a Qualified Applicator Certificate, issued by CDPR or have County License for Pesticide Regulation. 7. Enforce runoff and drift prevention • Carefully monitor and evaluate weather conditions within potential treatment areas to determine the effectiveness of control applications immediately before deciding whether to proceed with a treatment and during the course of treatment. o Monitor weather conditions before and during applications. o Comply with NPDES Permit. 8. Clean equipment and dispose of rinse water per label directions • Rinse equipment according to manufacturer's label instructions. • Discharge rinse water only in areas that are part of the application site or at a certified waste treatment facility. • Dispose of surplus chemical and containers according to label instructions. 9. Follow appropriate product storage procedures • Ensure proper storage of all pesticides per label instructions. • Ensure all pesticides removed from their original container are properly sealed for use within a service container. • Seal all service containers within a tool box. • Lock tool boxes when unattended. Special Instructions: PAUL W. FOSTER, MAYOR Printed name (Owner/Manages) gnature of Establishment Date Failure to comply with stipulations outlined above may result in civil penalties pursuant to California Food and Agricultural Code Section 5705 and/or revocation of this Agreement. Revised: 3/18/2015 Page 2 of 2 cdfa CAEfFORNIA DEPARTMENT OF FOOD & AGRICULTURE USDA United States Department of Agriculture r , 4 Animal and Plant Health Inspection Service Plant Protection and Quarantine California Asian Citrus Psyllid Program Exhibit — X3 Program Management Practices for Hazardous Materials Spills Program Management Practices The following management practices (MPs) would be implemented to protect human health and the environment from accidental spills of pesticides during a spray or drench application. 1. Implement a Spill Contingency Plan • Contain spill immediately to minimize the risk of further pesticide exposure to people, animals, and the environment. • Be prepared to respond to pesticide spills. • Provide clean-up of small spills (50 gallons or less) and properly dispose residual materials. For larger spills notify the Chemical Transportation Emergency Center at 800-424-9300. • Use common sense in determining the appropriate action in the event of an accidental crash of a spray rig, tanker, or aircraft. • Call an ambulance in the event of a spill involving severe personal injury. • Remove anyone exposed to pesticides to a safe location. If applicable, remove their clothing and wash contaminated skin with soap and water. • Do not move a seriously injured person unless it is absolutely essential because of the risk of further injury. • Do not leave injured or incapacitated persons until proper medical assistance arrives. • Provide a pesticide label and/or material safety data sheet for medical personnel. • Call the fire department and notify department personnel of the presence of pesticides for a spill involving fire, if a fire hazard exists. Eliminate all sources of ignition (electric motors, gasoline engines, or smoking) to prevent fire or explosion. • Contact the California Highway Patrol by calling 911 for a spill occurring on a highway. • Call local police or the county sheriff for a spill occurring off -road. • Stop the leak and contain the spill of a punctured tank. • For minor spills of 50 gallons or less: o Wear rubber boots, coveralls, rubber gloves, and eye protection. o Confine the leak or spill to the smallest area possible by using natural terrain, soil, or absorbent material. o Shovel contaminated material into a leak -proof container. o Do not hose down the area. o Work carefully and safely; do not hurry. o Dispose contaminated material in the same manner as for excess pesticides or hazardous wastes. • For major spills of 50 gallons or more: o Follow the steps listed for all above and include the additional number below. o If the spill is too big, or uncertainty exists as to the appropriate action, notify the Chemical Transportation Emergency Center at 800-424-9300. Revised: 3/18/2015 Page 1 of 2 cdfa CALIFORNIA DEPARTMENT OF FOOD & A6RICULTU&E .(ar R ni. iee,Wrr USDA United States Department of Agriculture - Animal and Plant Health Inspection Service Plant Protection and Quarantine 2. Use a safety and cleanup materials checklist • Follow a checklist for safety and cleanup materials to accompany mixing -loading vehicles during treatment activities, which should include the following: o For Safety: a first -aid kit; a fire extinguisher (516, type A-B-C), and goggles. o For Clean-up: one shovel, large heavy-duty plastic bags, rubber boots, disposable coveralls, water, rubber gloves, a broom and dust pan, liquid detergent, several bags of "kitty litter" or other absorbent materials. 3. Implement decontamination • Decontaminate paved surfaces per site specific protocols. • Shovel contaminated material into a Teak -proof metal drum for final disposal. 4. Follow appropriate disposal procedures • Dispose all materials that have been contaminated by spillage or exposed to large volumes of pesticides, including cloth, soil, and wood that cannot be decontaminated, in the same manner as done for excess pesticides. • Store contaminated absorbent material and materials that cannot be decontaminated in a leak- proof container and dispose the container at a Class I landfill. Special Instructions: PAUL W. FOSTER, MAYOR Printed name (Owner/Manager) Signature ofKtablishment Date Failure to comply with stipulations outlined above may result in civil penalties pursuant to California Food and Agricultural Code Section 5705 and/or revocation of this Agreement. Revised: 3/18/2015 Page 2 of 2