Apple maggot (Rhagoletis pomomella) is a serious apple pest not known to occur in Madera County. To protect the county’s apple industry, it is necessary to restrict movement of hosts and possible carriers into the county and to treat any commercial orchards in which the pest is detected. (Ord. 553 § 1(part), 1993).

The following articles and commodities are declared as hosts and possible carriers of apple maggot:
A. Apple fruit, both commercial and noncommercial production;
B. Apple trees.
(Ord. 553 § 1(part), 1993).

Hosts and possible carriers are prohibited entry into Madera County except as follows:
A. Commercially packed apples produced using conventional pest control practices are not restricted. “Conventional pest control practices” means treatment with pesticides at label dosages and on a schedule effective against apple maggot.
B. Commercially packed organic apples (apples produced by growers in compliance with and registered under the California Organic Foods Act of 1990) may enter the county if the producing orchard was trapped and found negative for apple maggot.
C. Commercially produced apples may enter the county in bulk for packing, juicing and processing under a compliance agreement between the importing company and the county agricultural commissioner.
D. Apple trees which are free of fruit and bareroot or free of fruit and certified by origin agricultural officials as being treated with a soil drench effective against apple maggot may enter the county, subject to inspection. (Ord. 553 § 1(part), 1993).

Compliance agreements shall specify the conditions under which bulk fruit may enter the county and the manner in which fruit and fruit waste shall be handled by the importing company. Costs for monitoring compliance with the agreement and inspection of incoming shipments shall be reimbursed to the county agricultural commissioner by the importer. (Ord. 553 § 1(part), 1993).

A. If apple maggot is detected in a commercial orchard, the orchard shall be treated at the cost of the orchard owner using conventional pest control practices in a manner approved by and under the supervision of the county agricultural commissioner. The owner shall also reimburse the county agricultural commissioner for the cost of supervising the treatment.
B. If apple maggot is detected in an orchard and the aforementioned treatment is not conducted as required, the pests shall be abated as provided in Section 5401 et seq., of the California Food and Agricultural Code.
C. Fruit from an orchard in which apple maggot has been detected is prohibited movement from the orchard unless the aforementioned treatment is conducted or the fruit is moved for processing under written authorization of the county agricultural commissioner. (Ord. 533 § 1(part), 1993).

Any person, firm, partnership, association or corporation who violates or causes the violation of any provision of this chapter shall be guilty of a misdemeanor which, upon conviction thereof, shall be punishable by a fine up to the maximum amount allowed for a misdemeanor by Section 19 of the California Penal Code or by imprisonment in the Madera County jail for a period up to the maximum period allowed for a misdemeanor by Section 19, California Penal Code, or by both such fine and imprisonment. (Ord. 533 § 1(part), 1993).