Fruits and Vegetables From Puerto Rico or Virgin Islands

[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[Title 7 - AGRICULTURE]
[Subtitle B - Regulations of the Department of Agriculture (Continued)]
[Chapter III - ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF]
[Part 318 - HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES]
[Subpart - Fruits and Vegetables From Puerto Rico or Virgin Islands]
[From the U.S. Government Printing Office]

7AGRICULTURE52003-01-012003-01-01falseFruits and Vegetables From Puerto Rico or Virgin IslandsSubpartAGRICULTURERegulations of the Department of Agriculture (Continued)ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OFHAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

Quarantine

Sec. 318.58 Notice of quarantine.

(a) Under the authority of sections 411, 412, 414, and 434 of the
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Puerto Rico
and the Virgin Islands of the United States are quarantined to prevent
the spread of certain dangerous insects that are not widely prevalent or
distributed within and throughout the United States, including the fruit
flies Anastrepha suspensa (Loew) and A. mombinpraeoptans Sein; the bean
pod borer Maruca testulalis (Geyer); and a cactus borer, Cactoblastis
cactorum (Berg.).
(b) No fruits or vegetables, in the raw or unprocessed state, shall
be shipped, offered for shipment to a common carrier, received for
transportation or transported by a common carrier, or carried,
transported, moved, or allowed to be moved, by any person from Puerto
Rico or the Virgin Islands of the United States into or through Guam,
Hawaii, or the continental United States, and no cactus plants or parts
thereof shall be shipped, offered for shipment to a common carrier,
received for transportation or transported by a common carrier, or
carried, transported, moved, or allowed to be moved, by any person from
the Virgin Islands of the United States into or through Guam, Puerto
Rico, or the continental United States; in any manner or method or under
conditions other than those prescribed in the regulations hereinafter
made or amendments thereto: Provided, That whenever the Deputy
Administrator of the Plant Protection and Quarantine Programs shall find
that existing conditions as to the pest risk involved in the movement of
any of the articles to which the regulations supplemental hereto apply,
make it safe to modify, by making less stringent, the restrictions
contained in any of such regulations, he shall publish such finding in

[[Page 195]]

administrative instructions, specifying the manner in which the
restrictions shall be made less stringent, whereupon such modification
shall become effective; or he may, when the public interest will permit,
with respect to the movement of any of such articles to Guam, upon
request in specific cases and notification to the person making the
request, authorize their certification under conditions, specified in
the certificate to carry out the purposes of this subpart, that are less
stringent than those contained in the regulations.
(c) No restrictions are placed hereby on the movement of fruits or
vegetables in either direction between Puerto Rico and the Virgin
Islands of the United States.
(d) This subpart leaves in full force and effect Sec. 318.30 which
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands
of the United States into or through any other State or certain
Territories or Districts of the United States of all varieties of
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto
Rico, or the Virgin Islands of the United States into or through any
other State or certain Territories or Districts of the United States of
sand, soil, or earth about the roots of plants.
(e) Regulations governing the movement of live plant pests
designated in this section are contained in part 330 of this chapter.

[28 FR 13281, Dec. 7, 1963, as amended at 30 FR 748, Jan. 23, 1965; 66
FR 21054, Apr. 27, 2001]

Rules and Regulations

Sec. 318.58-1 Definitions.

Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
other employee of the Animal and Plant Health Inspection Service
authorized to act in the Administrator's stead.
Animal and Plant Health Inspection Service. The Animal and Plant
Health Inspection Service of the United States Department of Agriculture
(APHIS).
Cactus plants. Any of various fleshy-stemmed plants of the botanical
family Cactaceae.
Certificate. A document signed by an inspector certifying that a
particular ship, vessel, other surface craft, or aircraft, or any
specified lot or shipment of fruits or vegetables or other plant
materials, via baggage, parcel post, express, freight or other mode of
transportation, has been inspected and found apparently free from
articles the movement of which is prohibited by the quarantine and
regulations in this subpart, and from the plant pests referred to in
said quarantine; or that the lot or shipment is of such a nature that no
danger of infestation or infection is involved; or that it has been
treated in a manner to eliminate infestation. A certificate covering
treated products must state the treatment applied.
Continental United States. The 48 contiguous States, Alaska, and the
District of Columbia.
Fruits and vegetables. The edible, more or less succulent, portions
of food plants in the raw or unprocessed state, such as bananas,
oranges, grapefruit, pineapples, tomatoes, peppers, lettuce, etc.
Inspector. An inspector of the Plant Protection and Quarantine
Programs, United States Department of Agriculture.
Interstate. From any State into or through any other State.
Limited permit. A document issued by an inspector for the interstate
movement of regulated articles to a specified destination for:
(1) Consumption, limited utilization or processing, or treatment, in
conformity with a compliance agreement; or
(2) Movement into or through the continental United States in
conformity with a transit permit.
Means of conveyance. For the purposes of Sec. 318.58-12 of this
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or
railcar.
Moved (movement and move). Shipped, offered for shipment to a common
carrier, received for transportation or transported by a common carrier,
or carried, transported, moved, or allowed to be moved by any person as
specified

[[Page 196]]

in Sec. 318.58(b) with respect to fruits and vegetables and with respect
to fruits and vegetables and with respect to cactus plants and parts
thereof. ``Movement'' and ``move'' shall be construed accordingly.
Person. Any individual, corporation, company, society, association,
or other organized group.
Plant litter. Leaves, twigs, or other portions of plants, or plant
remains or rubbish as distinguished from clean fruits and vegetables, or
other commercial articles.
Sealed (sealable) container. A completely enclosed container
designed for the storage and/or transportation of commercial air, sea,
rail, or truck cargo, and constructed of metal or fiberglass, or other
similarly sturdy and impenetrable material, providing an enclosure
accessed through doors that are closed and secured with a lock or seal.
Sealed (sealable) containers used for sea shipments are distinct and
separable from the means of conveyance carrying them when arriving in
and in transit through the continental United States. Sealed (sealable)
containers used for air shipments are distinct and separable from the
means of conveyance carrying them before any transloading in the
continental United States. Sealed (sealable) containers used for air
shipments after transloading in the continental United States or for
overland shipments in the continental United States may either be
distinct and separable from the means of conveyance carrying them, or be
the means of conveyance itself.
State. Each of the 50 States of the United States, the District of
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands of the United States, and all other territories and
possessions of the United States.
Transit permit. A written authorization issued by the Administrator
for the movement of fruits and vegetables en route to a foreign
destination that are otherwise prohibited movement by this subpart into
or through the continental United States. Transit permits authorize one
or more shipments over a designated period of time.
Transloading. The transfer of cargo from one sealable container to
another, from one means of conveyance to another, or from a sealable
container directly into a means of conveyance.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36
FR 24917, Dec. 24, 1971; 54 FR 3580, Jan. 25, 1989; 58 FR 7961, Feb. 11,
1993]

Sec. 318.58-2 Regulated articles.

(a) Prohibited movement. Fruits, vegetables, and other products
specified in Sec. 318.58 and not eligible for inspection and
certification under Sec. 318.58-4 or otherwise expressly authorized
movement in the regulations in this subpart are prohibited movements.
(b) Regulated movement. (1) Subject to the conditions provided in
this section, and to any treatment prescribed by the Deputy
Administrator of the Plant Protection and Quarantine Programs, the
following fruits and vegetables may be moved when they are free from
plant litter, are marked in compliance with Sec. 318.58-6, and have been
inspected by an inspector and certified by him to be free from injurious
insect infestation (including the West Indian fruitfly and the bean pod
borer) or to have been given prescribed treatment:

Citrus fruits (orange, grapefruit, lemon, citron, and lime);
Corn (sweet corn on cob);
Mangoes (Mangifera spp.), no larger than size 8 (no more than 700 g
each), when treated as prescribed in the Plant Protection and Quarantine
Treatment Manual;
Peppers;
String beans, lima beans, faba beans, and pigeon peas, in the pod,
and fresh okra. However, products within this subparagraph will be
certified for movement to Pacific Coast ports or to Atlantic Coast ports
south of Baltimore, Maryland, only when they have been treated as
prescribed by the Deputy Administrator of the Plant Protection and
Quarantine Programs, and under the supervision of an inspector. Such
products may be certified for movement to Baltimore, Maryland, and
Atlantic Coast ports north thereof without such treatment, but untreated
fresh okra may be so certified only for immediate processing or
consumption in these northern areas.

(2) The following fruits and vegetables are subject to inspection,
either in the field or when presented for shipment, as the inspector may
require, but unless found by him to be infested shall be free to move
without certification, marking, treatment, or other

[[Page 197]]

requirements of this subpart, except that they must be free from plant
litter and soil: Provided, That if the inspector shall find any field,
grove, lot, shipment, or container of such fruits and vegetables
infested with injurious insects, he shall notify the owner or person in
charge, in writing, of the existence of the infestation and the extent
thereof, and thereafter movement of the fruit or vegetable so specified
shall be prohibited while the infestation persists, unless in the
judgment of the inspector movement may be safely allowed subject to
certification after having been given an approved treatment, or after
sorting, conditioning, or other effective safeguard measures:

Algarroba pods (Hymenaea courbaril).
Allium spp. (onion, chive, garlic, leek, scallion, shallot).
Anise (Pimpinella anisum).
Apio, celery root (Arracacia xanthorrhiza).
Arrowroot (Maranta arundinacea).
Artichoke, Jerusalem (Helianthus tuberosus).
Asparagus.
Avocado.
Balsamapple, balsam-pear (Momordica balsamina; M. charantia).
Banana and plantain (fruit).
Banana leaves (fresh, without stalks or midrib).
Beans (fresh shelled lima and faba beans).
Beet, including Swiss chard.
Brassica oleracea (cabbage, cauliflower, Brussels sprouts, broccoli,
collard, kale, kohlrabi, Savoy).
Breadfruit, jackfruit (Artocarpus spp.).
Cacao bean (Theobroma cacao).
Carrot.
Celery.
Chayote (Sechium edule).
Chicory, endive (Cichorium intybus).
Citrus fruit (citron, grapefruit, lemon, lime, and orange) destined for
ports on the Atlantic seaboard north of and including Baltimore.
Cucumbers, including Angola cucumber (Sicania odorata).
Culantro, coriander (Eryngium foetidum; Coriandrum sativum).
Dasheen, malanga, taro (Colocasia and Caladium spp.).
Eggplant.
Fennel.
Ginger root (Zingiber officinale).
Horseradish (Armoracia).
Kudzu (Pueraria thunbergiana).
Lerens, sweet corn root (Calathea allouia).
Lettuce.
Mangosteen (Garcinia mangostana).
Mustard greens.
Palm hearts.
Papaya, lechosa (Carica papaya).
Parsley.
Parsnip.
Peas (in pod) (Pissum sativum).
Pigeonpea (fresh shelled).
Pineapple.
Potato.
Quenepa (Melicocca bijuga).
Radish.
Rhubarb.
Rutabaga.
Spinach.
Squash, pumpkin, watermelon, vegetable-marrow, cantaloup, calabaza.
Strawberry.
Tamarind beanpod (Tamarindus indica).
Tomato.
Turnip.
Watercress.
Waterlily root, lotus root (Nelumbium nelumbo).
Yam, name (Dioscorea spp.).
Yautia, tanier (Xanthosoma spp.).
Yuca, cassava (Manihot esculenta).

(3) Cactus plants or parts thereof from the Virgin Islands of the
United States may be moved to Guam, Puerto Rico, or the continental
United States when they have been given an approved treatment and are so
certified by an inspector.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 30
FR 749, Jan. 23, 1965; 36 FR 24917, Dec. 24, 1971. Redesignated and
amended at 54 FR 3580, Jan. 25, 1989; 55 FR 5436, Feb. 15, 1990]

Sec. 318.58-3 Conditions of movement.

(a) To any destination. Any regulated articles may be moved
interstate from Puerto Rico or the Virgin Islands of the United States
in accordance with this subpart to any destination if:
(1) The movement is authorized by a valid certificate issued in
accordance with Sec. 318.58-4, or
(2) The movement is exempted from certificate requirements by
administrative instructions in this subpart.
(b) To a foreign destination after transiting the continental United
States. Fruits and vegetables from Puerto Rico and the Virgin Islands of
the United States that are otherwise prohibited movement from those
territories into or through the continental United States by this
subpart may transit the continental United States en route to a foreign
destination when moved in accordance with Sec. 318.58-12 of this
subpart.

[[Page 198]]

(c) Segregation of certified articles. Articles authorized for
movement by a certificate after treatment in accordance with
Sec. 318.58-4(b), taken aboard any ship, vessel, other surface craft, or
aircraft in Puerto Rico or the Virgin Islands of the United States,
must, under the supervision of an inspector, be segregated and protected
from infestation by any plant pest or disease.
(d) Attachment of certificates. Except as otherwise provided for
certain air cargo and containerized cargo on ships moved in accordance
with Sec. 318.58-10, each box, bale, crate, or other container of
regulated articles moved under a certificate shall have the certificate
attached to the outside of the container: Provided, that if a
certificate is issued for a shipment of more than one container or for
bulk products, the certificate shall be attached to or stamped on the
accompanying waybill, manifest, or bill of lading.

[54 FR 3580, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]

Sec. 318.58-4 Issuance of certificates or limited permits.

Under the following conditions, an inspector may issue a certificate
or limited permit for the movement of regulated articles to be moved in
accordance with this subpart:
(a) Certification on basis of inspection or nature of lot involved.
An inspector may issue a certificate for fruits and vegetables
designated in Sec. 318.58-2(b)(1) after he has inspected them and found
that they appear free from infestation and infection, or has determined
without an inspection that the lot for shipment is of such a nature that
there appears to be no danger of infestation or infection.
(b) Certification on basis of treatment. Fruits and vegetables
designated in Sec. 318.58-2(b) may be certified after undergoing an
approved treatment contained in the Plant Protection and Quarantine
Treatment Manual under the supervision of an inspector and if the
articles are handled after treatment in accordance with all conditions
that the inspector requires. The Plant Protection and Quarantine
Treatment Manual is incorporated by reference at Sec. 300.1 of this
chapter. Treatments shall be applied at the expense of the shipper,
owner, or person in charge of the articles. The Department of
Agriculture or its inspector will not be responsible for loss or damage
resulting from any treatment prescribed or supervised under this
subpart.
(c) An inspector may issue a limited permit for the movement of
fruits and vegetables otherwise prohibited movement under this subpart,
if the articles are to be moved in accordance with Sec. 318.58-12 of
this subpart.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993; 67
FR 8465, Feb. 25, 2002]

Sec. 318.58-4a Administrative instructions authorizing the movement from Puerto Rico of frozen fruits and vegetables.

(a) The type of treatment designated in this subpart as freezing
shall be one of the commercially-acceptable methods that involves
initial freezing at subzero temperatures and subsequent storage at not
higher than 0 deg.F., with a storage tolerance of plus 20 deg.F. Such
treatments are commonly known as quick freezing, sharp freezing, frozen-
pack, or cold-pack. Any equivalent freezing method is also included in
this designation.
(b) The Deputy Administrator of the Plant Protection and Quarantine
Programs is satisfied that the movement of all fruits and vegetables
specified in Sec. 318.58-2, when frozen, will not result in the
dissemination of injurious insects. Accordingly, pursuant to the
authority contained in the proviso of Sec. 318.58-2, all fruits and
vegetables specified therein, when frozen, are hereby removed from a
prohibited status and are included in the list for which movement from
Puerto Rico into or through any other State, Territory, or District is
authorized in Sec. 318.58-3. Freezing is hereby prescribed as an
approved treatment meeting the treatment requirements for the movement
of fruits and vegetables specified in Sec. 318.58-3. \1\
---------------------------------------------------------------------------

\1\ Further information concerning the movement of frozen fruits and
vegetables from Puerto Rico may be obtained from the Plant Protection
and Quarantine Programs, Room 4, Post Office Bldg., P.O. Box 3386, San
Juan, PR 00901.

---------------------------------------------------------------------------

[[Page 199]]

(c) The inspector in Puerto Rico shall determine that such fruits
and vegetables are in a satisfactory frozen state before issuing a
certificate. The inspector on the mainland will release the shipment on
the basis of the certificate issued in Puerto Rico.
(d) The movement from Puerto Rico of frozen fruits and vegetables is
not authorized when such fruits and vegetables are subject to attack, in
the area of origin, by plant pests that may not, in the judgment of the
Deputy Administrator of the Plant Protection and Quarantine Programs, be
destroyed by freezing.
(e) Freezing of fruits and vegetables as authorized in these
instructions is considered necessary for the elimination of pest risk,
and no liability shall attach to the United States Department of
Agriculture or to any officer or representative of that Department in
the event of injury resulting to fruits or vegetables offered for
movement in accordance with these instructions.

[24 FR 10777, Dec. 29, 1959. Redesignated at 54 FR 3581, Jan. 25, 1989]

Sec. 318.58-5 Application for inspection.

Persons intending to move any of the products for which
certification is required under Sec. 318.58-3 shall make application for
inspection thereof as far as possible in advance of the probable date of
shipment. The application shall show the quantity of the products which
it is proposed to move, their identifying marks and numbers, their exact
location, and the contemplated date of shipment. Forms on which to make
application for inspection will be furnished, upon request, by the
United States Department of Agriculture, Plant Protection and Quarantine
Programs.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 36
FR 24917, Dec. 24, 1971. Redesignated at 54 FR 3580, Jan. 25, 1989]

Sec. 318.58-6 Marking of containers.

No products for which certification is required under Sec. 318.58-3
shall be moved unless the crate, box, bale, or other container thereof
is so marked with the marks and numbers given on the application that it
may be identified at the port of first arrival.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963]

Sec. 318.58-7 Products as ships' stores or in the possession of passengers and crew.

The movement of products is permitted from Puerto Rico or the Virgin
Islands of the United States as ships' stores or in the possession of
passengers and crew on ships or other ocean-going craft plying between
Puerto Rico or the Virgin Islands of the United States and any other
State, Territory, or District of the United States or aircraft moving
from Puerto Rico or the Virgin Islands of the United States to Guam:
Provided, That all such products shall upon arrival in Hawaii, Guam, or
the continental United States be submitted for inspection and
disposition as provided in Sec. 318.58-8, they must be free from
infestation with injurious insects; those products not listed in
Sec. 318.58-3 shall not be landed; and prohibited products retained
aboard shall be subject to the safeguards provided in Sec. 352.8 of this
chapter.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963; 54
FR 3581, Jan. 25, 1989; 58 FR 7962, Feb. 11, 1993]

Sec. 318.58-8 Articles and persons subject to inspection.

Persons, means of conveyance (including ships, other ocean-going
craft, and aircraft), baggage, cargo, and any other articles that are
destined for movement, are moving, or have been moved from Puerto Rico
or the Virgin Islands of the United States to any other State,
Territory, or District of the United States are subject to agricultural
inspection at the port of departure, the port of arrival, and/or any
other authorized port. If an inspector finds any article prohibited
movement by the quarantine and regulations of this subpart, he or she,
taking the least drastic action, shall order the return of the article
to the place of origin or the exportation of the article, under
safeguards satisfactory to him or her, or otherwise dispose of it, in
whole or

[[Page 200]]

part, to comply with the quarantine and regulations of this subpart.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]

Sec. 318.58-9 Inspection of means of conveyance.

(a) Inspection of aircraft prior to departure. No person shall move
any aircraft from Puerto Rico or the Virgin Islands of the United States
to any other State, District, or Territory of the United States, except
Guam, unless the person moving the aircraft has contacted an inspector
and offered the inspector the opportunity to inspect the aircraft prior
to departure and the inspector has informed the person proposing to move
the aircraft that the aircraft may depart.
(b) Inspection of aircraft moving to Guam. Any person who has moved
an aircraft from Puerto Rico or the Virgin Islands of the United States
to Guam shall contact an inspector and offer the inspector the
opportunity to inspect the aircraft upon the aircraft's arrival in Guam,
unless the aircraft has been inspected and cleared in Puerto Rico or the
Virgin Islands prior to departure in accordance with arrangements
between the operator of the aircraft, the Animal and Plant Health
Inspection Service, and the government of Guam.
(c) Inspection of ships upon arrival. Any person who has moved a
ship or other ocean-going craft from Puerto Rico or the Virgin Islands
of the United States to any other State, District, or Territory of the
United States shall contact an inspector and offer the inspector the
opportunity to inspect the ship or other ocean-going craft upon its
arrival.

[54 FR 3581, Jan. 25, 1989]

Sec. 318.58-10 Inspection of baggage, other personal effects, and cargo.

(a) Offer for inspection by aircraft passengers. Passengers destined
for movement by aircraft from Puerto Rico or the Virgin Islands of the
United States to any other State, Territory, or District of the United
States, except Guam, shall offer their carry-on baggage and other
personal effects for inspection at the place marked for agricultural
inspections, which will be located at the airport security checkpoint or
the aircraft boarding gate, at the time they pass through the checkpoint
or the gate. Passengers shall offer their check-in baggage for
inspection at agricultural inspection stations prior to submitting their
baggage to the check-in baggage facility. When an inspector has
inspected and passed such baggage or personal effects, he or she shall
apply a USDA stamp, inspection sticker, or other identification to the
baggage or personal effects to indicate that the baggage or personal
effects have been inspected and passed as required. Passengers shall
disclose any fruits, vegetables, plants, plant products, or other
articles that are requested to be disclosed by the inspector. When an
inspection of a passenger's baggage or personal effects discloses an
article in violation of the regulations in this part, the inspector
shall seize the article. The passenger shall state his or her name and
address to the inspector, and provide the inspector with corroborative
identification. The inspector shall record the name and address of the
passenger, the nature of the identification presented for corroboration,
the nature of the violation, the types of articles involved, and the
date, time, and place of the violation.
(b) Offer for inspection by aircraft crew. Aircraft crew members
destined for movement by aircraft from Puerto Rico or the Virgin Islands
of the United States to any other State, Territory, or District of the
United States, except Guam, shall offer their baggage and personal
effects for inspection at the inspection station designated for the
employing airline not less than 20 minutes prior to the scheduled
departure time of the aircraft or the rescheduled departure time as
posted in the public areas of the airport. When an inspector has
inspected and passed such baggage or personal effects, he or she shall
apply a USDA stamp, inspection sticker, or other identification to the
baggage or personal effects to indicate that such baggage or personal
effects have been inspected and passed as required. Aircraft crew
members shall disclose any fruits, vegetables, plants, plant products,
or other articles that

[[Page 201]]

are requested to be disclosed by the inspector. When an inspection of a
crew member's baggage or personal effects discloses an article in
violation of the regulations in this part, the inspector shall seize the
article. The crew member shall state his or her name and address to the
inspector, and provide the inspector with corroborative identification.
The inspector shall record the name and address of the crew member, the
nature of the identification presented for corroboration, the nature of
the violation, the types of articles involved, and the date, time, and
place of the violation.
(c) Baggage inspection for persons traveling to Guam on aircraft. No
person who has moved from Puerto Rico or the Virgin Islands of the
United States to Guam on an aircraft shall remove or attempt to remove
any baggage or other personal effects from the area secured for customs
inspections before the person has offered to an inspector, and had
passed by the inspector, his or her baggage and other personal effects.
Persons shall disclose any fruits, vegetables, plants, plant products,
or other articles that are requested to be disclosed by the inspector.
When an inspection of a person's baggage or personal effects discloses
an article in violation of the regulations in this part, the inspector
shall seize the article. The person shall state his or her name and
address to the inspector, and provide the inspector with corroborative
identification. The inspector shall record the name and address of the
person, the nature of the identification presented for corroboration,
the nature of the violation, the types of articles involved, and the
date, time, and place of the violation.
(d) Baggage accepting and loading on aircraft. No person shall
accept or load any check-in aircraft baggage destined for movement from
Puerto Rico or the Virgin Islands of the United States to any other
State, Territory, or District of the United States, except Guam, unless
a certificate is attached to the baggage, or the baggage bears a USDA
stamp, inspection sticker, or other indication applied by an inspector
representing that the baggage has been offered for inspection and passed
by an inspector.
(e) Offer for inspection by persons moving by ship. No person who
has moved on any ship or other ocean-going craft from Puerto Rico or the
Virgin Islands of the United States to any other State, Territory, or
District of the United States shall remove or attempt to remove any
baggage or other personal effects from a designated inspection area as
provided in Sec. 318.58-10(h), on or off the ship or other ocean-going
craft unless the person has offered to an inspector for inspection, and
has passed by the inspector, the baggage and other personal effects.
Persons shall disclose any fruits, vegetables, plants, plant products,
or other articles that are requested to be disclosed by the inspector.
When an inspection of a person's baggage or personal effects discloses
an article in violation of the regulations in this part, the inspector
shall seize the article. The person shall state his or her name and
address to the inspector, and provide the inspector with corroborative
identification. The inspector shall record the name and address of the
person, the nature of the identification presented for corroboration,
the nature of the violation, the types of articles involved, and the
date, time, and place of the violation.
(f) Loading of certain cargoes. (1) Except as otherwise provided in
paragraph (f)(2) of this section, no person shall present to any common
carrier or contract carrier for movement, and no common carrier or
contract carrier shall load, any cargo containing fruits, vegetables, or
other articles regulated under this subpart that are distined for
movement from Puerto Rico or the Virgin Islands of the United States to
any other State, Territory, or District of the United States, except
Guam, unless the cargo has been offered for inspection, passed by an
inspector, and bears of USDA stamp or USDA inspection sticker, or ulesss
a certificate or limited permit is attached to the cargo as specified in
Sec. 318.58-3(d).
(2) Cargo designated in paragraph (f)(1) of this section may be
loaded without a USDA stamp or USDA inspection sticker, and without a
certificate attached to the cargo or a limited permit attached to the
cargo, if the cargo is moved:

[[Page 202]]

(i) As containerized cargo on ships or other ocean-going craft or as
air cargo;
(ii) The carrier has on file documentary evidence that a valid
certificate or limited permit was issued for the movement; and
(iii) A notation of the existence of these documents is made by the
carrier on the waybill, manifest, or bill of lading that accompanies the
shipment.
(3) Cargo moved in accordance with Sec. 318.58-12 of this subpart
that does not have a limited permit attached to the cargo must have a
limited permit attached to the waybill, manifest, or bill of lading
accompanying the shipment.
(g) Removal of certain cargoes in Guam. No person shall remove or
attempt to remove from a designated inspection area as provided in
Sec. 318.58-10(h), on or off the means of conveyance, any cargo moved
from Puerto Rico or the Virgin Islands of the United States to Guam
containing fruits, vegetables, or other articles regulated under this
subpart, unless the cargo has been inspected and passed by an inspector
in Guam.
(h) Space and facilities for baggage inspection. Baggage inspection
will not be performed until the person in charge or possession of the
ship, other ocean-going craft, or aircraft provides space and facilities
on the means of conveyance, pier or airport that are adequate, in the
inspector's judgment, for the performance of inspections.

[54 FR 3581, Jan. 25, 1989, as amended at 58 FR 7962, Feb. 11, 1993]

Sec. 318.58-11 Disinfection of means of conveyance.

If an inspector, through an inspection pursuant to this subpart,
finds that a means of conveyance is infested with or contains any plant
pest, and the inspector orders disinfection of the means of conveyance,
then the person in charge or in possession of the means of conveyance
shall disinfect the means of conveyance and its cargo, in accordance
with an approved method contained in the Plant Protection and Quarantine
Treatment Manual under the supervision of an inspector and in a manner
prescribed by the inspector, prior to any movement of the means of
conveyance or its cargo. The Plant Protection and Quarantine Treatment
Manual is incorporated by reference at Sec. 300.1 of this chapter.

[67 FR 8465, Feb. 25, 2002]

Sec. 318.58-12 Transit of fruits and vegetables from Puerto Rico and the Virgin Islands of the United States into or through the continental United States.

Fruits and vegetables from Puerto Rico and the Virgin Islands of the
United States that are otherwise prohibited movement from those
territories into or through the continental United States by this
subpart may transit the continental United States en route to a foreign
destination when moved in accordance with this section and any other
applicable provisions of this subpart. Any additional restrictions on
such movement that would otherwise be imposed by part 301 of this
chapter and Secs. 318.30 and 318.30a of this part shall not apply.
(a) Transit permit. (1) A transit permit is required for the
arrival, unloading, and movement into or through the continental United
States of fruits and vegetables otherwise prohibited by this subpart
from being moved into or through the continental United States from
Puerto Rico or the Virgin Islands of the United States. Application for
a transit permit must be made in writing.\2\ The transit permit
application must include the following information:
---------------------------------------------------------------------------

\2\ Applications for transit permits should be submitted to the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

(i) The specific types of fruits and vegetables to be shipped (only
scientific or English names are acceptable);
(ii) The means of conveyance to be used to transport the fruits and
vegetables into or through the continental United States;
(iii) The port of arrival in the continental United States, and the
location of any subsequent stop;
(iv) The location of, and the time needed for, any storage in the
continental United States;

[[Page 203]]

(v) Any location in the continental United States where the fruits
and vegetables are to be transloaded;
(vi) The means of conveyance to be used for transporting the fruits
and vegetables from the port of arrival in the continental United States
to the port of export;
(vii) The estimated time necessary to accomplish exportation, from
arrival at the port of arrival in the continental United States to exit
at the port of export;
(viii) The port of export; and
(ix) The name and address of the applicant and, if the applicant's
address is not within the territorial limits of the United States, the
name and address in the United States of an agent whom the applicant
names for acceptance of service of process.
(2) A transit permit will be issued only if the following conditions
are met:
(i) APHIS inspectors are available at the port of arrival, port of
export, and any locations at which transloading of cargo will take
place, and, in the case of air shipments, at any interim stop in the
continental United States, as indicated on the application for the
transit permit;
(ii) The application indicates that the proposed movement would
comply with the provisions in this section applicable to the transit
permit; and
(iii) During the 12 months prior to receipt of the application by
APHIS, the applicant has not had a transit permit withdrawn under
Sec. 318.58-16 of this subpart, unless the transit permit has been
reinstated upon appeal.
(b) Limited Permit. Fruits and vegetables shipped from Puerto Rico
or the Virgin Islands of the United States into or through the
continental United States under this section must be accompanied by a
limited permit, a copy of which must be presented to an inspector at the
port of arrival and the port of export in the continental United States,
and at any other location in the continental United States where an air
shipment is authorized to stop or where overland shipments change means
of conveyance. An inspector will issue a limited permit if the following
conditions are met:
(1) The inspector determines that the specific type and quantity of
the fruits and vegetables being shipped are accurately described by
accompanying documentation, such as the accompanying manifest, waybill,
and bill of lading. (Only scientific or English names are acceptable.)
The fruits and vegetables shall be assembled at whatever point and in
whatever manner the inspector designates as necessary to comply with the
requirements of this section; and
(2) The inspector establishes that the shipment of fruits and
vegetables has been prepared in compliance with the provisions of this
section.
(c) Marking requirements. Each of the smallest units, including each
of the smallest bags, crates, or cartons, containing fruits and
vegetables for transit into or through the continental United States
under this section must be conspicuously marked, prior to the locking
and sealing of the container in Puerto Rico or the Virgin Islands of the
United States, with a printed label that includes, a description of the
specific type and quantity of the fruits and vegetables (only scientific
or English names are acceptable), the transit permit number under which
the fruits and vegetables are to be shipped, and, in English, the fact
that they were grown in Puerto Rico or the Virgin Islands of the United
States and the statement ``Distribution in the United States is
Prohibited.''
(d) Handling of fruits and vegetables. Fruits and vegetables shipped
into or through the continental United States from Puerto Rico or the
Virgin Islands of the United States in accordance with this section may
not be commingled in the same sealed container with articles that are
intended for entry and distribution in the continental United States.
The fruits and vegetables must be kept in sealed containers from the
time the limited permit required by paragraph (b) of this section is
issued, until the fruits and vegetables exit the continental United
States, except as otherwise provided in the regulations in this section.
Transloading must be carried out in accordance with the requirements of
paragraphs (a), (h), and (i) of this section.
(e) Area of movement. The port of arrival, the port of export, ports
for air

[[Page 204]]

stops, and overland movement within the continental United States of
fruits and vegetables shipped under this section is limited to a
corridor that includes all States of the continental United States
except Alabama, Arizona, California, Florida, Georgia, Kentucky,
Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South
Carolina, Tennessee, Texas, and Virginia, except that movement is
allowed through Dallas/Fort Worth, Texas, as an authorized stop for air
cargo, or as a transloading location for shipments that arrive by air
but that are subsequently transloaded into trucks for overland movement
from Dallas/Fort Worth into the designated corridor by the shortest
route. Movement through the continental United States must begin and end
at locations staffed by APHIS inspectors.\3\
---------------------------------------------------------------------------

\3\ For a list of ports staffed by APHIS inspectors, contact the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

(f) Movement of fruits and vegetables. Transportation through the
continental United States shall be by the most direct route to the final
destination of the shipment in the country to which it is exported, as
determined by APHIS based on commercial shipping routes and timetables
and set forth in the transit permit. No change in the quantity of the
original shipment from that described in the limited permit is allowed.
No remarking is allowed. No diversion or delay of the shipment from the
itinerary described in the transit permit and limited permit is allowed
unless authorized by an APHIS inspector upon determination by the
inspector that the change will not significantly increase the risk of
plant pests or diseases in the United States, and unless each port to
which the shipment is diverted is staffed by APHIS inspectors.
(g) Notification in case of emergency. In the case of an emergency
such as an accident, a mechanical breakdown of the means of conveyance,
or an unavoidable deviation from the prescribed route, the person in
charge of the means of conveyance must, as soon as practicable, notify
the APHIS office at the port where the cargo arrived in the continental
United States.
(h) Shipments by sea. Except as authorized by this paragraph,
shipments arriving in the continental United States by sea from Puerto
Rico or the Virgin Islands of the United States may be transloaded once
from a ship to another ship or, alternatively, once to a truck or
railcar at the port of arrival and once from a truck or railcar to a
ship at the port of export, and must remain in the original sealed
container, except under extenuating circumstances and when authorized by
an inspector upon determination by the inspector that the transloading
would not significantly increase the risk of the introduction of plant
pests or diseases into the continental United States, and provided that
APHIS inspectors are available to provide supervision. No other
transloading of the shipment is allowed, except under extenuating
circumstances (e.g., equipment breakdown) and when authorized by an
inspector upon determination by the inspector that the transloading
would not significantly increase the risk of the introduction of plant
pests or diseases into the continental United States, and provided that
APHIS inspectors are available to provide supervision.
(i) Shipments by air. (1) Shipments arriving in the continental
United States by air from Puerto Rico or the Virgin Islands of the
United States may be transloaded only once in the continental United
States. Transloading of air shipments must be carried out in the
presence of an APHIS inspector. Shipments arriving by air that are
transloaded may be transloaded either into another aircraft or into a
truck trailer for export by the most direct route to the final
destination of the shipment through the designated corridor set forth in
paragraph (e) of this section. This may be done at either the port of
arrival in the United States or at the second air stop within the
designated corridor, as authorized in the transit permit and as provided
in paragraph (i)(2) of this section. No other transloading of the
shipment is allowed, except under extenuating circumstances (e.g.,
equipment breakdown) and when authorized by an

[[Page 205]]

APHIS inspector upon determination by the inspector that the
transloading would not significantly increase the risk of the
introduction of plant pests or diseases into the continental United
States, and provided that APHIS inspectors are available to provide
supervision. Transloading of air shipments will be authorized only if
the following conditions are met:
(i) The transloading is done into sealable containers;
(ii) The transloading is carried out within the secure area of the
airport--i.e., that area of the airport that is open only to personnel
authorized by the airport security authorities;
(iii) The area used for any storage is within the secure area of the
airport; and
(iv) APHIS inspectors are available to provide the supervision
required by paragraph (i)(1) of this section.
(2) Except as authorized by paragraph (f) of this section, shipments
that continue by air from the port of arrival in the continental United
States may be authorized by APHIS for only one additional stop in the
continental United States, provided the second stop is within the
designated corridor set forth in paragraph (e) of this section and is
staffed by APHIS inspectors. As an alternative to transloading a
shipment arriving in the United States into another aircraft, shipments
that arrive by air may be transloaded into a truck trailer for export by
the most direct route to the final destination of the shipment through
the designated corridor set forth in paragraph (e) of this section. This
may be done at either the port of arrival in the United States or at the
second authorized air stop within the designated corridor. No other
transloading of the shipment is allowed, except under extenuating
circumstances (e.g., equipment breakdown) and when authorized by an
APHIS inspector upon determination by the inspector that the
transloading would not significantly increase the risk of the
introduction of plant pests or diseases into the continental United
States, and provided that APHIS inspectors are available to provide
supervision.
(j) Duration and location of storage. Any storage in the continental
United States of fruits and vegetables shipped under this section must
be for a duration and in a location authorized in the transit permit
required by paragraph (a) of this section. Areas where such fruits and
vegetables are stored must be either locked or guarded at all times the
fruits and vegetables are present. Cargo shipped under this section must
be kept in a sealed container while stored in the continental United
States.
(k) Temperature requirement. Except for time spent on aircraft and
except during storage and transloading of air shipments, the temperature
in the sealed containers containing fruits and vegetables moved under
this section must be 60 deg.F or lower from the time the fruits and
vegetables leave Puerto Rico or the Virgin Islands of the United States
until they exit the continental United States.
(l) Prohibited materials. (1) The person in charge of or in
possession of a sealed container used for movement into or through the
continental United States under this section must ensure that the sealed
container is carrying only those fruits and vegetables authorized by the
transit permit required under paragraph (a) of this section; and
(2) The person in charge of or in possession of any means of
conveyance or container returned to the United States without being
reloaded after being used to export fruits and vegetables from the
United States under this section must ensure that the means of
conveyance or container is free of materials prohibited importation into
the United States under this chapter.
(m) Authorization by APHIS of the movement of fruits and vegetables
into or through the continental United States under this section does
not imply that the fruits and vegetables are enterable into the
destination country. Shipments returned to the United States from the
destination country shall be subject to all applicable regulations,
including ``Subpart--Fruits and Vegetables'' of part 319 of this
chapter, and part 352 of this chapter.
(n) Any restrictions and requirements with respect to the arrival,
temporary stay, unloading, transloading,

[[Page 206]]

transiting, exportation, or other movement or possession in the United
States of any fruits or vegetables under this section shall apply to any
person who, respectively, brings into, maintains, unloads, transloads,
transports, exports, or otherwise moves or possesses in the United
States such fruits or vegetables, whether or not that person is the one
who was required to have a transit permit or limited permit for the
fruits or vegetables or is a subsequent custodian of the fruits or
vegetables. Failure to comply with all applicable restrictions and
requirements under this section by such a person shall be deemed to be a
violation of this section.

(Approved by the Office of Management and Budget under control number
0579-0088)

[58 FR 7962, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59
FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]

Sec. 318.58-13 Movements by the Department of Agriculture.

Notwithstanding any other restrictions of this subpart, articles
subject to the requirements of the regulations in this subpart may be
moved if they are moved:
(a) By the United States Department of Agriculture for experimental
or scientific purposes;
(b) Pursuant to a Departmental permit issued for the article and
kept on file at the port of departure;
(c) Under conditions specified on the Departmental permit and found
by the Administrator to be adequate to prevent the spread of plant pests
and diseases; and,
(d) With a Departmental tag or label bearing the number of the
Departmental permit issued for the article securely attached to the
outside of the container of the article or securely attached to the
article itself if not in container.

[54 FR 3582, Jan. 25, 1989]

Sec. 318.58-14 Parcel post inspection.

Inspectors are authorized to inspect, with the cooperation of the
U.S. Post Office Department, parcel post packages placed in the mails in
Puerto Rico or the Virgin Islands of the United States, to determine
whether such packages contain products the movement of which is not
authorized under this subpart, to examine products so found for insect
infestation, and to notify the postmaster in writing of any violation of
this subpart in connection therewith.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13281, Dec. 7, 1963.
Redesignated at 54 FR 3582, Jan. 25, 1989]

Sec. 318.58-15 Costs and charges.

Plant Protection and Quarantine shall furnish the services of the
inspector during regularly assigned hours of duty at the usual places of
duty without cost to the person requesting the services. Plant
Protection and Quarantine will not assume responsibility for any costs
or charges, other than those indicated in this paragraph, in connection
with the inspection, treatment, conditioning, storage, forwarding, or
any other operation incidental to the movement of regulated articles
under this subpart.

[54 FR 3583, Jan. 25, 1989]

Sec. 318.58-16 Cancellation of certificates, transit permits, or limited permits.

Any certificate, transit permit, or limited permit that has been
issued or authorized under this subpart may be withdrawn by an inspector
orally or in writing if he or she determines that the holder of the
certificate, transit permit, or limited permit has not complied with all
conditions under the regulations for the use of the document. If the
cancellation is oral, the decision and the reasons for the withdrawal
shall be confirmed in writing as promptly as circumstances allow. Any
person whose certificate, transit permit, or limited permit has been
withdrawn may appeal the decision in writing to the Administrator within
ten (10) days after receiving written notification of the withdrawal.
The appeal must state all of the facts and reasons upon which the person
relies to show that the certificate, transit permit, or limited permit
was wrongfully withdrawn. As promptly as circumstances allow, the
Administrator will grant or deny the appeal, in writing, stating the
reasons for the decision. A hearing will be held to resolve any conflict
as to

[[Page 207]]

any material fact. Rules of practice concerning a hearing will be
adopted by the Administrator.

[54 FR 3583, Jan. 25, 1989, as amended at 58 FR 7964, Feb. 11, 1993]