HomeMy WebLinkAboutContracts & Agreements_41-2020Sara FOOD &R AGRICULTURE
CULTURE
OF
v 3L".ri: Ann -nil and Phut FIB v]tb imv,:ction SKrvice
1 Plant Pcutterion and Qnarantirr
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
Phone:
Fax:
Contact:
SAN BERNARDINO
(909) - 387 - 2105
(909) - 387 - 2449
ALLEN LAMPMAN
CA 92415-0720
Compliance Agreement Number: 3 6- L 3 O j '43
Establishment Name:
Heritage Park
Owner / Manager Name:
City of Redlands
Mailing Address:
Physical Address:
PO Box 3005
27001 Orange Avenue
City: Redlands, CA Zip:
City: Redlands Zip:
92373
92373
Phone:
( 909)798-7655
E-Mail: ZLabonte@cityofredlands.org
Cross Street:
Iowa or Nevada
LatlLong: 34 03' 56 N 117 12' 56.94W
Program:
The San Bernardino County Agricultural Commissioner, the Califomia 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"):
Heritage Park
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 aoDI
❑
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
g
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
Cf
Exhibit X2
Program Management Practices for Ground Spray and Drench
Treatments
g
Exhibit X3
Program Management Practices for Hazardous Materials Spills
B. 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).
D. 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 Califomia Food and Agricultural Code Section 5705.
Signed in the County of San Bernardino in the
State of California on 3 / 17
/
2020
Establishment Manager/Owner
Program Officer
Print Name:
PAUL W. FOSTER, MAYOR
Print Name:
Sign
Signature:
---c...
0-0--Q-n
ATTEST:
ANNE DONALDSON, CITY CLERK
4/13/2018
Page 2 of 2
cdfa
CALIFORNIA DEPARTMENT OF
FOOD & AGRICULTURE
UUSDA United States Department of Agriculture
Animal and Plant 1lealt1T Inspection Service
Plant Protection and Quarantine
EXHIBIT: 1480 - G
GROWER / GROVE 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 Huanglongbing (HLB)
Quarantine Area
If the receiver is located within the same contiguous HLB quarantine area, (1)(a) or (1)(b) must be
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 the 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:
http://phpps.cdfa.ca.qov/PE/InteriorExclusion/pdf/acpgrowerinformation.pdf
2. Transporting 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
the 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 shall
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
http://phpps.cdfa.ca.qov/PE/InteriorExclusion/pdf/acpgrowerinformation.pdf. 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:
http://phpps.cdfa.ca.qov/PE/InteriorExclusion/pdf/acpgrowerinformation.pdf. 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
CALIFORNIA DEPARTMENT OF
FOOD & AGRICULTURE
Koren Rov Sevonty
United Slates Deportment of Agriculture
USDA
Animal and Plant Health Inspection Service
Plant Protection and 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
focal 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:
https://www.cdfa.ca.gov/plant/PE/InteriorExclus ion/pdfs/HLB/hlbpestriskmitigationform.pdf
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
• Date of shipment(s) and estimated date/time of arrival
• Weight or amount of shipment(s) (# of trucks, # of bins of fruit, 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/haulers under compliance with the Program.
b. Ensure fruit is delivered to and handled by packers/processors under compliance with the Program.
Establishments operating under compliance can be verified online at:
https://www.cdfa.ca.gov/plant/hlb/reg establishments.html
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 all 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.
10. 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 https://www.cdfa.ca.gov/plant/PE/InteriorExclusion/hlb quarantine.html. 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
CALIFORNIA DEPARTMENT OF
FOOD a AGRICULTURE
Ko,cn Rom. Serf Lary
USDA United Stales Department u1'Agriculture
Animal and Plant lleatth Inspection Service
Plant Protection and Quarantine
12. Violation
Violation of any terms of the compliance agreement or this exhibit shall result in the suspension of the
compliance agreement until an investigation is completed and for a minimum period of two weeks.
SPECIAL INSTRUCTIONS:
PATTT, W. FOSTER, MAYOR
Printed name (Owner/Nana er � i 9/Z C
9 ) tgnature 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 3of3
cdfa
CALIFORNIA DEPARTMENT OP
FOOD 8 AGRICULTURE
USDA United States Department of Agriculture
Animal and Plant llealth Inspection Service
Plant Protection and Quarantine
California Asian Citrus Psyllid Program
Exhibit — X2
Program Management Practices for
Ground Spray and Drench Treatments
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 Page 1 of 2
cdfa
CALIFORNIA DEPARTMENT OF
FOOD A AGRICULTURE
USDA United States Department of Agriculture
Animal and Plant Ilealth 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:
1
/ /it'//'tO -
PAUL W. FOSTER, MAYOR C � � � ` _ 3 /t 7 /zo zo
Printed name (Owner/Manage) J1gnature 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
CALIFORNtA DEPARTMENT OF
FOOD & AGRICULTURE
USDA United States Department of Agriculture
.,— 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 & AGRICULTURE
Kn, an We, 5ce.rvey
United States Department of Agriculture
USDA
Animal and Plant Ilealth Inspection Service
Pant 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 leak -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)
3 j v J2 -2.�,
Signature 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