[Title 7 CFR 319]
[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 319 - FOREIGN QUARANTINE NOTICES]
[From the U.S. Government Printing Office]
7AGRICULTURE52003-01-012003-01-01falseFOREIGN QUARANTINE NOTICES319PART 319AGRICULTURERegulations of the Department of Agriculture (Continued)ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
PART 319--FOREIGN QUARANTINE NOTICES--Table of Contents
Subpart--Foreign Cotton and Covers
Quarantine
Sec.
319.8 Notice of quarantine.
319.8a Administrative instructions relating to the entry of cotton and
covers into Guam.
Regulations; General
319.8-1 Definitions.
Conditions of Importation and Entry of Cotton and Covers
319.8-2 Permit procedure.
319.8-3 Refusal and cancellation of permits.
319.8-4 Notice of arrival.
319.8-5 Marking of containers.
319.8-6 Cottonseed cake and cottonseed meal.
319.8-7 Processed lint, linters, and waste.
319.8-8 Lint, linters, and waste.
319.8-9 Hull fiber and gin trash.
319.8-10 Covers.
Special Conditions for the Entry of Cotton and Covers From Mexico
319.8-11 From approved areas of Mexico.
319.8-12 From the West Coast of Mexico.
319.8-13 From Northwest Mexico.
319.8-14 Mexican cotton and covers not otherwise enterable.
Miscellaneous Provisions
319.8-16 Importation into United States of cotton and covers exported
therefrom.
319.8-17 Importation for exportation, and importation for
transportation and exportation; storage.
319.8-18 Samples.
319.8-19 Cottonseed or seed cotton for experimental or scientific
purposes.
319.8-20 Importations by the Department of Agriculture.
319.8-21 Release of cotton and covers after 18 months' storage.
319.8-22 Ports of entry or export.
319.8-23 Treatment.
319.8-24 Collection and disposal of waste.
319.8-25 Costs and charges.
319.8-26 Material refused entry.
Subpart--Sugarcane
319.15 Notice of quarantine.
319.15a Administrative instructions and interpretation relating to
entry into Guam of bagasse and related sugarcane products.
Subpart--Citrus Canker and Other Citrus Diseases
319.19 Notice of quarantine.
Subpart--Corn Diseases
Quarantine
319.24 Notice of quarantine.
319.24a Administrative instructions relating to entry of corn into
Guam.
Regulations Governing Entry of Indian Corn or Maize
319.24-1 Applications for permits for importation of corn.
319.24-2 Issuance of permits.
319.24-3 Marking as condition of entry.
319.24-4 Notice of arrival of corn by permittee.
319.24-5 Condition of entry.
Subpart--Citrus Fruit
319.28 Notice of quarantine.
Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant
Products
319.37 Prohibitions and restrictions on importation; disposal of
articles refused importation.
319.37-1 Definitions.
319.37-2 Prohibited articles.
319.37-3 Permits.
319.37-4 Inspection, treatment, and phytosanitary certificates of
inspection.
319.37-5 Special foreign inspection and certification requirements.
319.37-6 Specific treatment and other requirements.
319.37-7 Postentry quarantine.
319.37-8 Growing media.
319.37-9 Approved packing material.
319.37-10 Marking and identity.
319.37-11 Arrival notification.
319.37-12 Prohibited articles accompanying restricted articles.
[[Page 211]]
319.37-13 Treatment and costs and charges for inspection and treatment.
319.37-14 Ports of entry.
Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles
319.40-1 Definitions.
319.40-2 General prohibitions and restrictions; relation to other
regulations.
319.40-3 General permits; articles that may be imported without a
specific permit; articles that may be imported without either
a specific permit or an importer document.
319.40-4 Application for a permit to import regulated articles;
issuance and withdrawal of permits.
319.40-5 Importation and entry requirements for specified articles.
319.40-6 Universal importation options.
319.40-7 Treatments and safeguards.
319.40-8 Processing at facilities operating under compliance
agreements.
319.40-9 Inspection and other requirements at port of first arrival.
319.40-10 Costs and charges.
319.40-11 Plant pest risk assessment standards.
Subpart--Indian Corn or Maize, Broomcorn, and Related Plants
Quarantine
319.41 Notice of quarantine.
319.41a Administrative instructions relating to entry into Guam of
broomcorn, brooms, and similar articles.
319.41b Administrative instructions prescribing conditions for entry of
broomstraw without treatment.
Rules and Regulations
319.41-1 Plant products permitted entry.
319.41-2 Application for permits.
319.41-3 Issuance of permits.
319.41-4 Notice of arrival by permittee.
319.41-5 Condition of entry.
319.41-5a Administrative instructions; method used for the
disinfection of imported broomcorn and broomcorn brooms.
319.41-6 Importations by mail.
Subpart--Rice
Quarantine
319.55 Notice of quarantine.
319.55a Administrative instructions relating to entry of rice straw and
rice hulls into Guam.
Rules and Regulations
319.55-1 Definitions.
319.55-2 Application for permit.
319.55-3 Ports of entry.
319.55-4 Issuance of permits.
319.55-5 Notice of arrival by permittee.
319.55-6 Inspection and disinfection at port of arrival.
319.55-7 Importations by mail.
Subpart--Fruits and Vegetables
Quarantine
319.56 Notice of quarantine.
319.56a Administrative instructions and interpretation relating to
entry into Guam of fruits and vegetables under Sec. 319.56.
Rules and Regulations
319.56-1 Definitions.
319.56-2 Restrictions on entry of fruits and vegetables.
319.56-2a Permits required for entry of chestnuts and acorns and
certain coconuts.
319.56-2b Administrative instructions; conditions governing the entry
of acorns and chestnuts.
319.56-2c Administrative instructions authorizing the importation of
frozen fruits and vegetables.
319.56-2d Administrative instructions for cold treatments of certain
imported fruits.
319.56-2e Administrative instructions; conditions governing the entry
of cipollini from Morocco.
319.56-2f Administrative instructions governing importation of
grapefruit, lemons, and oranges from Argentina.
319.56-2g Administrative instructions prescribing method of treatment
of garlic from specified countries.
319.56-2h Regulations governing the entry of grapes from Australia.
319.56-2i Administrative instructions prescribing treatments for
mangoes from Central America, South America, and the West
Indies.
319.56-2j Conditions governing the entry of apples and pears from
Australia (including Tasmania) and New Zealand.
319.56-2k Administrative instructions prescribing method of
fumigation of field-grown grapes from specified countries.
319.56-2l Administrative instructions prescribing method of treatment
of imported yams.
319.56-2m Administrative instructions prescribing method of
fumigation of apricots, grapes, nectarines, peaches, plumcot,
and plums from Chile.
319.56-2n Administrative instructions prescribing a combination
treatment of fumigation plus refrigeration for certain fruits.
319.56-2o Administrative instructions prescribing method of treatment
of avocados for the Mediterranean fruit fly, the melon fly,
and the oriental fruit fly.
[[Page 212]]
319.56-2p Administrative instructions prescribing treatment and
relieving restrictions regarding importation of okra from
Mexico, the West Indies, and certain countries in South
America.
319.56-2q Administrative instructions: Conditions governing the entry
of citrus from South Africa.
319.56-2r Administrative instructions governing the entry of apples
and pears from certain countries in Europe.
319.56-2s Administrative instructions governing the entry of
apricots, nectarines, peaches, plumcot, and plums from Chile.
319.56-2t Administrative instructions: Conditions governing the entry
of certain fruits and vegetables.
319.56-2u Conditions governing the entry of lettuce and peppers from
Israel.
319.56-2v Conditions governing the entry of citrus from Australia.
319.56-2w Administrative instruction; conditions governing the entry of
papayas from Central America and Brazil.
319.56-2x Administrative instructions; conditions governing the entry
of certain fruits and vegetables for which treatment is
required.
319.56-2y Administrative instructions; conditions governing the entry
of cantaloupe and watermelon from Ecuador.
319.56-2z Administrative instructions governing the entry of
cherimoyas from Chile.
319.56-2aa Administrative instructions governing the entry of
cantaloupe, honeydew melons, and watermelon from Brazil and
Venezuela.
319.56-2bb Administrative instructions governing movement of Hass
avocados from Mexico to Alaska.
319.56-2cc Administrative instructions governing the entry of Fuji
variety apples from Japan and the Republic of Korea.
319.56-2dd Administrative instructions: Conditions governing the
entry of tomatoes.
319.56-2ee Administrative instructions: Conditions governing the
entry of Ya variety pears from China.
319.56-2ff Administrative instructions governing movement of Hass
avocados from Michoacan, Mexico, to approved States.
319.56-2gg Administrative instructions; conditions governing the entry
of peppers from Spain.
319.56-2hh Conditions governing the entry of peppers from New Zealand.
319.56-2ii Administrative instructions: conditions governing the entry
of mangoes from the Philippines.
319.56-2jj Administrative instructions; conditions governing the
importation of clementines from Spain.
319.56-3 Applications for permits for importation of fruits and
vegetables.
319.56-4 Issuance of permits.
319.56-5 Notice of arrival by permittee.
319.56-6 Inspection and other requirements at the port of first
arrival.
319.56-7 Inspection of baggage and cargo on the dock.
319.56-8 Territorial applicability.
Subpart--Wheat Diseases
319.59 Prohibitions on importation; disposal of articles refused
importation.
319.59-1 Definitions.
319.59-2 Prohibited articles.
Subpart--Packing Materials
Quarantine
319.69 Notice of quarantine.
319.69a Administrative instructions and interpretation relating to the
entry into Guam of plant materials specified in Sec. 319.69.
Rules and Regulations
319.69-1 Definitions.
319.69-2 Freedom from pests.
319.69-3 Entry inspection.
319.69-4 Disposition of materials found in violation.
319.69-5 Types of soil authorized for packing.
Subpart--Coffee
319.73-1 Definitions.
319.73-2 Products prohibited importation.
319.73-3 Conditions for transit movement of certain products through
Puerto Rico or Hawaii.
319.73-4 Costs.
Subpart--Cut Flowers
319.74-1 Definitions.
319.74-2 Conditions governing the entry of cut flowers.
319.74-3 Importations by the Department.
319.74-4 Costs and charges.
Subpart--Khapra Beetle
319.75 Restrictions on importation of restricted articles; disposal of
articles refused importation.
319.75-1 Definitions.
319.75-2 Restricted articles.
319.75-3 Permits.
319.75-4 Treatments.
319.75-5 Marking and identity.
319.75-6 Arrival notification.
319.75-7 Costs and charges.
319.75-8 Ports of entry.
319.75-9 Inspection and phytosanitary certificate of inspection.
[[Page 213]]
Subpart--Exotic Bee Diseases and Parasites
319.76 Restrictions on importation of restricted articles; disposal of
articles refused importation.
319.76-1 Definitions.
319.76-2 Restricted articles.
319.76-3 Permits.
319.76-4 Inspections and treatments.
319.76-5 Marking and shipping.
319.76-6 Arrival notification.
319.76-7 Costs and charges.
319.76-8 Ports of entry.
Subpart--Gypsy Moth Host Material from Canada
319.77-1 Definitions.
319.77-2 Regulated articles.
319.77-3 Gypsy moth infested areas in Canada.
319.77-4 Conditions for the importation of regulated articles.
319.77-5 Disposition of regulated articles denied entry.
Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 7751-
7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
Source: 24 FR 10788, Dec. 29, 1959, unless otherwise noted.
Subpart--Foreign Cotton and Covers
Quarantine
Sec. 319.8 Notice of quarantine.
(a) Pursuant to sections 411-414 and 434 of the Plant Protection Act
(7 U.S.C. 7711-7714 and 7754), and after the public hearing required
thereunder, the Administrator of the Animal and Plant Health Inspection
Service hereby determines that the unrestricted importation into the
United States from all foreign countries and localities of (1) any parts
or products of plants of the genus Gossypium, including seed cotton;
cottonseed; cotton lint, linters, and other forms of cotton fiber (not
including yarn, thread, and cloth); cottonseed hulls, cake, meal, and
other cottonseed products, except oil; cotton waste, including gin waste
and thread waste; and any other unmanufactured parts of cotton plants;
and (2) second-hand burlap and other fabrics, shredded or otherwise,
which have been used or are of the kinds ordinarily used, for containing
cotton, grains (including grain products), field seeds, agricultural
roots, rhizomes, tubers, or other underground crops, may result in the
entry into the United States of the pink bollworm (Pectinophora
gossypiella (Saund.)), the golden nematode of potatoes Heterodera
rostochiensis Wr.), the flag smut disease (Urocystis tritici Koern.),
and other injurious plant diseases and insect pests, and said
Administrator hereby further determines, that, in order to prevent the
introduction into the United States of said plant diseases and insect
pests, which are new to or not heretofore widely prevalent or
distributed within and throughout the United States, it is necessary to
forbid the importation into the United States of the plants and
products, including fabrics, specified above, except as permitted in the
regulations supplemental hereto. Hereafter the plants and products
specified above shall not be imported or offered for entry into the
United States from any foreign country or locality except as permitted
by said regulations, and the plants and products permitted by the
regulations to be imported or offered for entry shall be subject to
sections 411-414 and 434 of the Plant Protection Act (7 U.S.C. 7711-7714
and 7754). Provided, That whenever the Deputy Administrator of the Plant
Protection and Quarantine Programs shall find the existing conditions as
to pest risk involved in the importation 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 findings in the administrative instructions,
specifying the manner in which the restrictions shall be made less
stringent, whereupon such modification shall become effective; or he
may, upon request in specific cases, when the public interests will
permit, authorize such importation under conditions specified in the
permit to carry out the purposes of this part that are less stringent
than those contained in the regulations.
[[Page 214]]
(b) As used in this section the term ``United States'' shall have
the meaning ascribed to it in the regulations supplemental hereto.
[24 FR 10788, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971;
37 FR 10554, May 25, 1972; 66 FR 21054, Apr. 27, 2001]
Sec. 319.8a Administrative instructions relating to the entry of cotton and covers into Guam.
The plants and products specified in Sec. 319.8(a) may be imported
into Guam without further permit, other than the authorization contained
in this paragraph. Sections 319.8-2 and 319.8-3 shall not be applicable
to such importations. In addition, such importations need not comply
with the requirements of Sec. 319.8-4 relating to notice of arrival
inasmuch as there is available to the inspector the essential
information normally supplied by the importer at the time of
importation. Sections 319.8-5 through 319.8-27 shall not be applicable
to importations into Guam. Inspection of such importations may be made
under the general authority of Sec. 330.105(a) of this chapter. If an
importation is found infected, infested, or contaminated with any plant
pest and is not subject to disposal under this part, disposition may be
made in accordance with Sec. 330.106 of this chapter.
Regulations; General
Sec. 319.8-1 Definitions.
For the purposes of the regulations in this subpart, the following
words shall be construed, respectively, to mean:
Approved. Approved by the Deputy Administrator of the Plant
Protection and Quarantine Programs.
Approved areas of Mexico. Any areas of Mexico, other than those
described in paragraphs (q) and (r) of this section, which are
designated by the Deputy Administrator as areas in which cotton and
cotton products are produced and handled under conditions comparable to
those under which like cotton and cotton products are produced and
handled in the generally infested pink bollworm regulated area in the
United States.
Approved fumigation facilities. Approved vacuum fumigation plant at
a port where an inspector is available to supervise the fumigation.
Approved mill or plant. A mill or plant operating under a signed
agreement with the Plant Protection and Quarantine Programs required for
approval of a mill or plant as specified in Sec. 319.8-8(a)(2).
Authorized. Authorized by the Deputy Administrator of the Plant
Protection and Quarantine Programs.
Compressed. Compressed or pressed and baled or packaged to a density
greater than approximately 20 pounds and less than approximately 28
pounds per cubic foot.
Compressed to high density. Compressed or pressed and baled or
packaged to a density of approximately 28 or more pounds per cubic foot.
Contamination (contaminate). Containing or bearing whole cottonseed
or seed cotton or other material which may carry the pink bollworm, the
golden nematode of potatoes, the flag smut disease, or other injurious
plant diseases or insect pests. (The verb contaminate shall be construed
accordingly.)
Cotton. Parts and products of plants of the genus Gossypium,
including seed cotton; cottonseed; cotton lint, linters and other forms
of cotton fiber, not including yarn, thread and cloth; cottonseed hulls,
cake, meal, and other cottonseed products, except oil; waste; and all
other unmanufactured parts of cotton plants.
Cottonseed. Cottonseed from which the lint has been removed.
Covers. Second-hand burlap and other fabrics, shredded or otherwise,
including any whole bag, any bag that has been slit open, and any part
of a bag, which have been used, or are of the kinds ordinarily used, for
containing cotton, grains (including grain products), field seeds,
agricultural roots, rhizomes, tubers, or other underground crops. Burlap
and other fabrics, when new or unused are excluded from this definition.
Deputy Administrator, Plant Protection and Quarantine Programs. The
Deputy Administrator of the Plant Protection and Quarantine Programs, or
any officer or employee of the Plant Protection and Quarantine Programs
to whom authority has heretofore been
[[Page 215]]
delegated or may hereafter be delegated to act in his stead.
Gin trash. All of the material produced during the cleaning and
ginning of seed cotton, bollies or snapped cotton except the lint,
cottonseed, and gin waste.
Inspector. A properly identified employee of the U.S. Department of
Agriculture or other person authorized to enforce the provisions of the
Plant Protection Act.
Lint. All forms of raw ginned cotton, either baled or unbaled,
except linters and waste.
Linters. All forms of cotton fiber separated from cottonseed after
the lint has been removed, excluding so-called hull fiber.
North, northern. When used to designate ports of arrival, these
terms mean the port of Norfolk, Virginia, and all Atlantic Coast ports
north thereof, ports along the Canadian border, and Pacific Coast ports
in the States of Washington and Oregon. When used in a geographic sense
to designate areas or locations, these terms mean any State in which
cotton is not grown commercially. However when cotton is grown
commercially in certain portions of a State, as is the case in Illinois,
Kansas, and Missouri, these terms include those portions of such State
as may be determined by the Deputy Administrator of the Plant Protection
and Quarantine Programs as remote from the main area of cotton
production.
Northwest Mexico. All of the State of Baja California, Mexico, and
that part of the State of Sonora, Mexico, lying between San Luis Mesa
and the Colorado River.
Permit. A form of authorization to allow the importation of cotton
or covers in accordance with the regulations in this subpart.
Person. Any individual, firm, corporation, company, society, or
association, or any organized group of any of the foregoing.
Pink bollworm regulated area; generally infested pink bollworm
regulated area. The pink bollworm regulated area consists of those
States or parts thereof designated as regulated area in Administrative
Instructions issued under Sec. 301.52-2 of this chapter. The generally
infested pink bollworm regulated area is that part of the regulated area
designated as generally infested in the said Administrative
Instructions.
Plant Protection and Quarantine Programs. The Plant Protection and
Quarantine Programs, Animal and Plant Health Inspection Service, of the
United States Department of Agriculture.
Root crop. The underground crop portions of any plants.
Samples. Samples of lint, linters, waste, cottonseed cake, and
cottonseed meal, of the amount and character usually required for trade
purposes.
Seed cotton. Cotton as it comes from the field.
Treatment. Procedures administratively approved by the Deputy
Administrator of the Plant Protection and Quarantine Programs for
destroying infestations or infections of insect pests or plant diseases,
such as fumigation, application of chemicals or dry or moist heat, or
processing, utilization, or storage.
Uncompressed. Baled or packaged to a density not exceeding
approximately 20 pounds per cubic foot.
United States. Any of the States, the District of Columbia, Guam,
Puerto Rico, or the Virgin Islands of the United States.
Utilization. Processing or manufacture, in lieu of fumigation at
time of entry, at a mill or plant specifically approved by the Deputy
Administrator of the Plant Protection and Quarantine Programs. \1\
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\1\ A list of approved mills and plants may be obtained from the
Plant Protection and Quarantine Programs, Room 710, U.S. Appraisers
Stores, 408 Atlantic Ave., Boston, Mass. 02210.
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Waste. All forms of cotton waste derived from the manufacture of
cotton lint, in any form or under any trade designation, including gin
waste and thread waste; and waste products derived from the milling of
cottonseed. Gin trash is not within the definition of waste.
West Coast of Mexico. The State of Sinaloa, the State of Sonora
(except that part of the Imperial Valley lying
[[Page 216]]
between San Luis Mesa and the Colorado River), and the Southern
Territory of Baja California, in Mexico.
[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 66 FR 21055, Apr.
27, 2001]
Conditions of Importation and Entry of Cotton and Covers
Sec. 319.8-2 Permit procedure.
(a) Except as otherwise provided for in Secs. 319.8-10 and 319.8-18,
permits shall be obtained for importations into the United States of all
cotton and covers. Permits will be issued only for cotton and covers
authorized entry under Secs. 319.8-6 through 319.8-20. Persons desiring
to import cotton or covers under Secs. 319.8-6 through 319.8-20 shall,
in advance of departure of such material from a foreign port, submit to
the Plant Protection and Quarantine Programs an application \2\ stating
the name and address of the importer, the country from which such
material is to be imported, and the kind of cotton or covers it is
desired to import. Applications to import cottonseed shall state the
approximate quantity and the proposed United States port of entry.
Applications to import lint, linters, or waste shall state whether such
materials are compressed.
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\2\ Applications for permits should be made to Plant Importations
Branch, Plant Protection and Quarantine Programs, 209 River Street,
Hoboken, N.J. 07030.
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(b) Applications to import lint, linters, or waste at a port \3\
other than one in the North, in California, or on the Mexican Border
shall also specify whether the commodity is compressed to high density.
---------------------------------------------------------------------------
\3\ Including ports in Guam, Hawaii, Puerto Rico, and the Virgin
Islands of the United States.
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(c) Applications for permits may be made orally or on forms provided
for the purpose by the Plant Protection and Quarantine Programs, or may
be made by a letter or telegram containing all the information required
by this section.
(d) Upon receipt and approval of such application by the Plant
Protection and Quarantine Programs, an individual or continuing permit
will be issued authorizing the importation and specifying the port of
entry and the conditions of entry. A copy of the permit will be supplied
to the importer.
(e) Upon receipt of an application to import lint, linters, waste,
or covers, without treatment, for utilization under agreement as defined
in Sec. 319.8-8(a)(2), an investigation will be made by an inspector to
determine that the receiving mill or plant is satisfactorily located
geographically, is equipped with all necessary safeguards, and is
apparently in a position to fulfill all precautionary conditions to
which it may agree. Upon determination by the inspector that these
qualifications are fulfilled, the owner or operator of the mill or plant
may sign an agreement specifying that the required precautionary
conditions will be maintained. Such signed agreement will be a necessary
requisite to the release at the port of entry of any imported lint,
linters, waste, or covers for forwarding to and utilization at such mill
or plant in lieu of vacuum fumigation or other treatment otherwise
required by this subpart. Permits for the importation of such materials
will be issued in accordance with paragraph (a) of this section.
(f) Permits for importation of any cotton or covers are conditioned
upon compliance with all requirements set forth therein and such
additional requirements in this subpart as are in terms applicable
thereto. Failure to comply with any such requirement will be deemed to
invalidate the permit. Permits may also be cancelled or may be refused
as provided in Sec. 319.8-3, or entry denied as provided in Secs. 319.8-
11, 319.8-12, and Sec. 319.8-13.
(g) If through no fault of the importer a shipment of cotton or
covers arrives at a United States port in advance of the issuance of a
permit, it may be held, under suitable safeguards prescribed by the
inspector at the port, in Customs custody at the risk of the importer,
pending issuance of a permit, for a period not exceeding 20 days.
(h) Pending development of adequate treating facilities in Guam, any
cotton or covers that are subject to treatment as a condition of entry
therein must
[[Page 217]]
first be entered and treated in accordance with the requirements of this
subpart at a U.S. port of arrival where such treating facilities are
available.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.8-3 Refusal and cancellation of permits.
(a) Permits for entry from the West Coast of Mexico, as authorized
in Sec. 319.8-12 of lint, linters, waste, cottonseed, and cottonseed
hulls may be refused and existing permits cancelled by the Deputy
Administrator if he has determined that the pink bollworm is present in
the West Coast of Mexico or in Northwest Mexico, or that other
conditions exist therein that would increase the hazard of pest
introduction into the United States.
(b) Permits for entry from Northwest Mexico as authorized in
Sec. 319.8-13 of lint, linters, waste, cottonseed, cottonseed hulls, and
covers that have been used for cotton, may be refused and existing
permits cancelled by the Deputy Administrator if he has determined that
the pink bollworm is present in Northwest Mexico or in the West Coast of
Mexico, or that other conditions exist therein that would increase the
hazard of pest introduction into the United States.
[27 FR 5389, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 319.8-4 Notice of arrival.
Immediately upon arrival at a port of entry of any shipment of
cotton or covers the importer shall submit in duplicate, through the
United States Collector of Customs, or, in the case of Guam, through the
Customs officer of the Government of Guam, and for the Plant Protection
and Quarantine Programs, a notice of such arrival, on a form provided
for that purpose (Form PQ-368) and shall give such information as is
called for by that form.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.8-5 Marking of containers.
Every bale or other container of cotton lint, linters, waste, or
covers imported or offered for entry shall be plainly marked or tagged
with a bale number or other mark to distinguish it from other bales or
containers of similar material. Bales of lint, linters, and waste from
approved areas of Mexico, the West Coast of Mexico, or Northwest Mexico
shall be tagged or otherwise marked to show the gin or mill of origin
unless they are immediately exported.
(Approved by the Office of Management and Budget under control number
0579-0049)
[27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.8-6 Cottonseed cake and cottonseed meal.
Entry of cottonseed cake and cottonseed meal will be authorized
through any port at which the services of an inspector are available,
subject to examination by an inspector for freedom from contamination.
If found to be free of contamination, importations of such cottonseed
cake and cottonseed meal will be released from further plant quarantine
entry restrictions. If found to be contaminated such importations will
be refused entry or subjected as a condition of entry to such safeguards
as the inspector may prescribe, according to a method selected by him
from administratively authorized procedures known to be effective under
the conditions under which the safeguards are applied.
Sec. 319.8-7 Processed lint, linters, and waste.
Entry of lint, linters, and waste will be authorized without
treatment but upon compliance with other applicable requirements of this
subpart when the inspector can determine that such lint, linters, and
waste have been so processed by bleaching, dyeing, or other means, as to
have removed all cottonseed or to have destroyed all insect life.
[[Page 218]]
Sec. 319.8-8 Lint, linters, and waste.
(a) Compressed to high density. (1)(i) Entry of lint, linters, and
waste, compressed to high density, will be authorized subject to vacuum
fumigation by approved methods at any port where approved fumigation
facilities are available.
(ii) Importations of such lint, linters, and waste, arriving at a
northern port where there are no approved fumigation facilities may be
entered for transportation in bond to another northern port where such
facilities are available, for the required vacuum fumigation.
(iii) Such lint, linters, and waste compressed to high density
arriving at a port in the State of California where there are no
approved fumigation facilities may be entered for immediate
transportation in bond via an all-water route if available, otherwise by
overland transportation in van-type trucks or box cars after approved
surface treatment, or under such other conditions as may be deemed
necessary and are prescribed by the inspector to (a) any port where
approved fumigation facilities are available, there to receive the
required vacuum fumigation before release, or (b) to an approved mill or
plant for utilization.
(2) Entry of lint, linters, and waste compressed to high density,
will be authorized without vacuum fumigation at any northern port,
subject to movement to an approved mill or plant, the owner or operator
of which has executed an agreement with the Plant Protection and
Quarantine Programs to the effect that, in consideration of the waiving,
of vacuum fumigation as a condition of entry and the substitution of
approved utilization therefor:
(i) The lint, linters, and waste so entered will be processed or
manufactured at the mill or plant and until so used will be retained
thereat, unless written authority is granted by the Plant Protection and
Quarantine Programs to move the material to another mill or plant;
(ii) Sanitary measures satisfactory to the Plant Protection and
Quarantine Programs will be taken with respect to the collection and
disposal of any waste, residues, and covers, including the collection
and disposal of refuse from railroad cars, trucks, or other carriers
used in transporting the material to the mill or plant;
(iii) Inspectors of the Plant Protection and Quarantine Programs
will have access to the mill or plant at any reasonable time to observe
the methods of handling the material, the disposal of refuse, residues,
waste, and covers, and otherwise to check compliance with the terms of
the agreement;
(iv) Such reports of the receipt and utilization of the material,
and disposal of waste therefrom as may be required by the inspector will
be submitted to him promptly;
(v) Such other requirements as may be necessary in the opinion of
the Deputy Administrator of the Plant Protection and Quarantine Programs
to assure retention of the material, including all wastes and residues,
at the mill or plant and its processing, utilization or disposal in a
manner that will eliminate all pest risk, will be complied with.
(3) Failure to comply with any of the conditions of an agreement
specified in paragraph (a)(2) of this section may be cause for immediate
cancellation of the agreement by the inspector and refusal to release,
without vacuum fumigation, lint, linters, and waste for transportation
to the mill or plant.
(4) Agreements specified in paragraph (a)(2) of this section may be
executed only with owners or operators of mills or plants located in
States in which cotton is not grown commercially and at locations in
such other States as may be administratively designated by the Deputy
Administrator of the Plant Protection and Quarantine Programs after due
consideration of possible pest risk involved and the proximity of
growing cotton.
(b) Uncompressed or compressed. (1)(i) Entry of uncompressed or
compressed lint, linters, and waste will be authorized, subject to
vacuum fumigation by approved methods, through any northern port,
through any port in the State of California, and through any port on the
Mexican Border, where approved fumigation facilities are available.
(ii) Importations of such lint, linters, and waste arriving at a
northern port
[[Page 219]]
where there are no approved fumigation facilities may be entered for
immediate transportation in bond to another northern port where such
facilities are available, for the required vacuum fumigation.
(iii) Compressed lint, linters, and waste arriving at a port in the
State of California where there are no approved fumigation facilities
may be entered for immediate transportation in bond by an all-water
route if available, otherwise by overland transportation in van-type
trucks or box cars after approved surface treatment, or under such other
conditions as may be deemed necessary and are prescribed by the
inspector, to any port in California or any northern port where approved
fumigation facilities are available, there to receive the required
vacuum fumigation before release, or to any northern port for movement
to an approved mill or plant for utilization.
(iv) Uncompressed lint, linters, and waste arriving at a port in the
State of California where there are no approved fumigation facilities
may be entered for immediate transportation in bond by an all-water
route to any port in California or any northern port where approved
fumigation facilities are available, there to receive the required
vacuum fumigation before release, or to a northern port for movement to
an approved mill or plant for utilization.
(2) Entry without vacuum fumigation will be authorized for
compressed lint, linters, and waste, and for uncompressed waste derived
from cotton milled in countries that do not produce cotton, \4\ arriving
at a northern port, subject to movement to an approved mill or plant.
---------------------------------------------------------------------------
\4\For the purposes of this subpart the following countries are
considered to be those in which cotton is not produced: Austria,
Belgium, Canada, Denmark, Republic of Ireland (Eire), Finland, France,
Germany (both East and West), Great Britain and Northern Ireland (United
Kingdom), Iceland, Liechtenstein, Luxembourg, Netherlands, Norway,
Portugal, Sweden, and Switzerland.
[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5389, June 7, 1962; 36
FR 24917, Dec. 24, 1971]
Sec. 319.8-9 Hull fiber and gin trash.
(a) Entry of hull fiber will be authorized under the same conditions
as are applicable to waste under this subpart.
(b) Gin trash may be imported only under the provisions of
Sec. 319.8-20.
[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962]
Sec. 319.8-10 Covers.
(a) Entry of covers (including bags, slit bags, and parts of bags)
which have been used as containers for cotton grown or processed in
countries other than the United States may be authorized either (1)
through a Mexican border port named in the permit for vacuum fumigation
by an approved method in that part of the United States within the
generally infested pink bollworm regulated area; or (2) through a
northern port or a port in the State of California subject to vacuum
fumigation by an approved method or without vacuum fumigation when the
covers are to be moved to an approved mill or plant for utilization.
When such covers are forwarded from a northern port to a mill or plant
in California for utilization, or from a California port to another
California or northern port for vacuum fumigation thereat or for
movement to a mill or plant for utilization such movement shall be made
by an all-water route unless the bales are compressed to a density of 20
pounds or more per cubic foot in which case the bales may be moved
overland in van-type trucks or box cars if all-water transportation is
not available. Such overland movement may be made only after approved
surface treatment or under such other conditions as may be deemed
necessary and are prescribed by the inspector. When such covers arrive
at a port other than a northern, California, or Mexican border port they
will be required to be transported therefrom immediately in bond by an
all-water route to a northern or California port where approved vacuum
fumigation facilities are available for vacuum fumigation thereat by an
approved method or for forwarding therefrom to an approved mill or plant
for utilization.
(b) American cotton bagging, commonly known as coarse gunny, which
[[Page 220]]
has been used to cover only cotton grown or processed in the United
States, may be authorized entry at any port under permit and upon
compliance with Secs. 319.8-4 and 319.8-5, without fumigation or other
treatment. Marking patches of the finer burlaps or other fabrics when
attached to bales of such bagging may be disregarded if, in the judgment
of the inspector, they do not present a risk of carrying live pink
bollworms, golden nematode cysts or flag smut spores.
(c) Bags, slit bags, parts of bags, and other covers which have been
used as containers for root crops or are of a kind ordinarily used as
containers for root crops may be authorized entry subject to immediate
treatment in such manner and according to such method as the inspector
may select from administratively authorized procedures known to be
effective under the conditions under which the treatment is applied, and
subject to any additional safeguard measures that may be prescribed by
the inspector pursuant to Sec. 319.8-24, or that he may prescribe in
regard to the manner of discharge from the carrier and conveyance to the
place of treatment: Provided, That such covers may be authorized entry
from Canada without treatment as prescribed in this paragraph unless the
covers are found to be contaminated.
(d) Bags, slit bags, parts of bags, and other covers that have been
used as containers for wheat or wheat products that have not been so
processed as to have destroyed all flag smut disease spores, or that
have been used as containers for field seeds separated from wheat during
the process of screening, and which arrive from a country named in
Sec. 319.59-2(a)(2) of this part, if intended for reuse in this country
as grain containers may be authorized entry, subject to immediate
treatment at the port of arrival. If such covers are not intended to be
reused in this country as grain containers their entry may be authorized
subject to movement for utilization to an approved mill or plant the
owner or operator of which has executed an appropriate agreement with
the Plant Protection and Quarantine Programs similar to that described
in Sec. 319.8-8(a)(2). Covers coming within this paragraph only, may be
entered without permit other than the authorization provided in this
paragraph and without other restriction under this subpart upon
presentation to an inspector of satisfactory evidence that they have
been used only for grains exported from the United States and are being
returned empty without use abroad and that while abroad they have been
handled in a manner to prevent their contamination.
(e) When upon arrival at a port of entry any shipment of bags, slit
bags, parts of bags, or other covers, is found to include one or more
bales containing material the importation of which is regulated by
paragraph (a), (c), or (d) of this section, the entire shipment, or any
portion thereof, may be required by the inspector to be treated as
specified in the applicable paragraph.
(f) If upon their arrival at a port of entry covers are classified
by the inspector as coming within more than one paragraph of this
section, they will be authorized entry only upon compliance with such
requirements of the applicable paragraphs as the inspector may deem
necessary to prevent the introduction of plant diseases and insect
pests.
(g) Notwithstanding the provisions of any other paragraph of this
section the entry from any country of bags, slit bags, parts of bags,
and other covers will be authorized without treatment but upon
compliance with other applicable sections of this subpart if the
inspector finds that they have obviously not been used in a manner that
would contaminate them or when in the inspector's opinion there is
otherwise no plant pest risk associated with their entry.
[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36
FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]
Special Conditions for the Entry of Cotton and Covers From Mexico
Source: Sections 319.8-11 through 319.8-14 appear at 27 FR 5309,
June 7, 1962, unless otherwise noted.
Sec. 319.8-11 From approved areas of Mexico.
(a) Entry of lint, linters, and waste (including gin and oil mill
wastes)
[[Page 221]]
which were derived from cotton grown in, and which were produced and
handled only in approved areas of Mexico \5\ may be authorized through
Mexican Border ports in Texas named in the permits
---------------------------------------------------------------------------
\5\ See Sec. 319.8-1(p) for definition of ``Approved areas of
Mexico.'' These are within that part of Mexico not included in the
``West Coast of Mexico'' (Sec. 319.8-1(q)) or ``Northwest Mexico''
(Sec. 319.8-1(r)).
---------------------------------------------------------------------------
(1) For movement into the generally infested pink bollworm regulated
area such products becoming subject immediately upon release by the
inspector to the requirements, in Sec. 301.52 of this chapter,
applicable to like products originating in the pink bollworm regulated
area, or
(2) For movement to an approved mill or plant for utilization, or
(3) For movement to New Orleans for immediate vacuum fumigation.
(b) Entry of cottonseed or cottonseed hulls in bulk, or in covers
that are new or which have not been used previously to contain cotton or
unmanufactured cotton products, may be authorized through Mexican Border
ports in Texas named in the permits, for movement into the generally
infested pink bollworm regulated area when certified by an inspector as
having been produced in an approved area and handled subsequently in a
manner satisfactory to the inspector. Upon arrival in the generally
infested pink bollworm regulated area such cottonseed or cottonseed
hulls will be released from further plant quarantine entry requirements
and shall become subject immediately to the requirements in Sec. 301.52
of this chapter.
[27 FR 5309, June 7, 1962, as amended at 63 FR 31101, June 8, 1998]
Sec. 319.8-12 From the West Coast of Mexico.
Contingent upon continued freedom of the West Coast of Mexico and of
Northwest Mexico from infestations of the pink bollworm, entry of the
following products may be authorized under permit subject to inspection
to determine freedom from hazardous plant pest conditions:
(a) Compressed lint and linters.
(b) Uncompressed lint and linters for movement into the generally
infested pink bollworm regulated area, movement thereafter to be in
accordance with Sec. 301.52 of this chapter.
(c) Compressed or uncompressed cotton waste for movement under bond
to Fabens, Texas, for vacuum fumigation after which it will be released
from further plant quarantine entry requirements.
(d) Cottonseed when certified by an inspector as having been
treated, stored, and transported in a manner satisfactory to the Deputy
Administrator.
(e) Untreated, non-certified cottonseed contained in new bags for
movement by special manifest to any destination in the generally
infested pink bollworm regulated area, movement thereafter to be in
accordance with Sec. 301.52 of this chapter.
(f) Cottonseed hulls when certified by an inspector as having been
treated, stored, and transported in a manner satisfactory to the Deputy
Administrator.
(g) Any cotton products for movement through Mexican border ports in
Texas directly into the generally infested pink bollworm regulated area,
movement thereafter to be in accordance with Sec. 301.52 of this
chapter.
[27 FR 5309, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971]
Sec. 319.8-13 From Northwest Mexico.
Contingent upon continued freedom of Northwest Mexico and of the
West Coast of Mexico from infestations of the pink bollworm and other
plant pest conditions that would increase risk of pest introduction into
the United States with importations authorized under this section, entry
of the following products may be authorized under permit subject to
inspection upon arrival to determine freedom from hazardous plant pest
conditions:
(a) Lint, linters, and waste.
(b) Cottonseed.
(c) Cottonseed hulls.
(d) Covers that have been used for cotton only.
[[Page 222]]
Sec. 319.8-14 Mexican cotton and covers not otherwise enterable.
Mexican cotton and covers not enterable under Sec. 319.8-11,
Sec. 319.8-12, or Sec. 319.8-13 may be entered in accordance with
Secs. 319.8-6 through 319.8-10 and Secs. 319.8-16 through 319.8-20
insofar as said sections are applicable.
Miscellaneous Provisions
Sec. 319.8-16 Importation into United States of cotton and covers exported therefrom.
(a) Cotton and covers grown, produced, or handled in the United
States and exported therefrom, and in the original bales or other
containers in which such material was exported therefrom, may be
imported into the United States at any port under permit, without vacuum
fumigation or other treatment or restriction as to utilization, upon
compliance with Secs. 319.8-2, 319.8-4, and Sec. 319.8-5, and upon the
submission of evidence satisfactory to the inspector that such material
was grown, produced, or handled in the United States and does not
constitute a risk of introducing the pink bollworm into the United
States.
(b) Cotton and covers of foreign origin imported into the United
States in accordance with this subpart and exported therefrom, when in
the original bales or other original containers, may be reimported into
the United States under the conditions specified in paragraph (a) of
this section.
Sec. 319.8-17 Importation for exportation, and importation for transportation and exportation; storage.
(a) Importation of cotton and covers for exportation, or for
transportation and exportation, in accordance with this subpart shall
also be subject to Secs. 352.1 through 352.8 of this chapter, as
amended.
(b) Importation at northern ports of unfumigated lint, linters,
waste, cottonseed cake, cottonseed meal and covers used only for cotton,
for exportation or for transportation and exportation through another
northern port, may be authorized by the inspector under permit if, in
his judgment, such procedures can be authorized without risk of
introducing the pink bollworm.
(c) Entry under permit of lint, linters, or waste compressed to high
density will be authorized for purposes of storage in the north pending
exportation, fumigation, or utilization in an approved mill or plant
provided the owner or operator of such proposed storage place has
executed an agreement with the Plant Protection and Quarantine Programs
similar to those required for mills or plants to utilize lint, linters,
and waste as specified in Sec. 319.8-8(a)(2), and provided further that
(1) Inspectors are available to supervise the storage,
(2) The bales of material to be stored are free from surface
contamination,
(3) The material is kept segregated from other cotton and covers in
a manner satisfactory to the inspector, and
(4) The waste is collected and disposed of in a manner satisfactory
to the inspector.
(d) Except as provided in Sec. 319.8-23(a)(4), compressed lint,
linters, and waste, uncompressed waste derived from cotton milled in a
non-cotton-producing country,\6\ and covers, arriving at a port in the
north for entry for exportation, vacuum fumigation, or utilization in
accordance with the requirements in this subpart, may be allowed
movement in Customs custody for storage at a point in the north pending
such exportation, or movement to an approved mill or plant for vacuum
fumigation or utilization, when there are inspectors available to
supervise such storage, if the bales are free of surface contamination,
if they are kept segregated from other cotton and covers in a manner
satisfactory to the inspector, and if waste is collected and disposed of
in a manner satisfactory to the inspector. Such lint, linters, waste,
and covers shall remain under Customs custody until released by the
inspector.
---------------------------------------------------------------------------
\6\ For the purposes of this subpart the following countries are
considered as non-cotton-producing countries: Austria, Belgium, Canada,
Denmark, Eire, Finland, France, Germany, Great Britain (United Kingdom),
Iceland, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal,
Sweden and Switzerland.
---------------------------------------------------------------------------
(e) Importation of lint, linters, and waste from Mexico for
transportation and exportation will be authorized
[[Page 223]]
under permit if such material is compressed before, or immediately upon
entering into the United States, or is compressed while en route to the
port of export at a compress specifically authorized in the permit. The
ports of export which may be named in the permit shall be limited to
those that have been administratively approved for such exportation.
Storage of such compressed cotton may be authorized, in approved bonded
warehouses in Texas.
(f) Entry of uncompressed lint, linters, and waste from Mexico may
be authorized at ports named in the permit for exportation at ports
within the generally infested pink bollworm regulated area or for
transportation and exportation via rail to Canada under such conditions
and over such routes as may be specified in the permit.
[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962; 36
FR 24917, Dec. 24, 1971; 63 FR 31101, June 8, 1998]
Sec. 319.8-18 Samples.
(a) Samples of lint, linters, waste, cottonseed cake, and cottonseed
meal may be entered without further permit other than the authorization
contained in this section, but subject to inspection and such treatment
as the inspector may deem necessary. Samples which represent either such
products of United States origin or such products imported into the
United States in accordance with the requirements of this subpart, and
which were exported from the United States, may be entered into the
United States without inspection when the inspector is satisfied as to
the identity of the samples.
(b) Samples of cottonseed or seed cotton may be entered subject to
the conditions and requirements provided in Secs. 319.8-2, 319.8-4, and
319.8-19.
(c) Bales or other containers of cotton shall not be broken or
opened for sampling and samples shall not be drawn until the inspector
has so authorized and has prescribed the conditions and safeguards under
which such samples shall be obtained.
Sec. 319.8-19 Cottonseed or seed cotton for experimental or scientific purposes.
Entry of small quantities of cottonseed or seed cotton for
experimental or scientific purposes may be authorized through such ports
as may be named in the permit, and shall be subject to such special
conditions as shall be set forth in the permit to provide adequate
safeguards against pest entry.
Sec. 319.8-20 Importations by the Department of Agriculture.
Cotton and covers may be imported by the Department of Agriculture
for experimental or scientific purposes under such conditions as may be
prescribed by the Deputy Administrator of the Plant Protection and
Quarantine Programs, which conditions may include clearance through the
New Crops Research Branch of the Plant Science Research Division,
Agricultural Research Services.
Sec. 319.8-21 Release of cotton and covers after 18 months' storage.
Cotton and covers, the entry of which has been authorized subject to
vacuum fumigation or other treatment because of the pink bollworm only,
and which have not received such treatment but have been stored for a
period of 18 months or more will be released from further plant
quarantine entry restrictions.
Sec. 319.8-22 Ports of entry or export.
When ports of entry or export are not specifically designated in
this subpart but are left to the judgment of the inspector, the
inspector shall designate only such ports as have been administratively
approved for such entry or export.
Sec. 319.8-23 Treatment.
(a)(1) Vacuum fumigation as required in this subpart shall consist
of fumigation, in a vacuum fumigation plant approved by the Deputy
Administrator of the Plant Protection and Quarantine Programs, under the
supervision of an inspector and to his satisfaction. Continued approval
of the plant will be contingent upon the granting by the operator
thereof, to the inspector, of access to all parts of the plant at all
reasonable hours for the purpose of supervising sanitary and other
operating conditions, checking the efficacy of the apparatus and
chemical operations, and determining that wastage has been
[[Page 224]]
cleaned up and disposed of in a manner satisfactory to the inspector;
and upon the maintenance at the plant of conditions satisfactory to the
inspector.
(2) After cotton and covers have been vacuum fumigated they shall be
so marked under the supervision of an inspector. Such material may
thereafter be distributed, forwarded, or shipped without further plant
quarantine entry restriction.
(3) Cotton and covers held by an importer for vacuum fumigation must
be stored under conditions satisfactory to the inspector.
(4) Prompt vacuum fumigation of cotton and covers (other than high
density cotton free of surface contamination) will be required at non-
northern ports. Similar prompt vacuum fumigation will be required at
Norfolk, Virginia, during the period June 15 to October 15 of each year,
except for covers which have been used to contain only lint, linters, or
waste, and the bales of which are compressed to a density of 28 or more
pounds per cubic foot and are free of surface contamination.
(b) An inspector may authorize the substitution of processing,
utilization, or other form of treatment for vacuum fumigation when in
his opinion such other treatment, selected by him from administratively
authorized procedures, will be effective in eliminating infestation of
the pink bollworm.
Sec. 319.8-24 Collection and disposal of waste.
(a) Importers shall handle imported, unfumigated cotton and covers
in a manner to avoid waste. If waste does occur, the importer or his
agent shall collect and dispose of such waste in a manner satisfactory
to the inspector.
(b) If, in the judgment of an inspector, it is necessary as a
safeguard against risk of pest dispersal to clean railway cars,
lighters, trucks, and other vehicles and vessels used for transporting
such cotton or covers, or to clean piers, warehouses, fumigation plants,
mills, or other premises used in connection with importation of such
cotton or covers, the importer or his agent shall perform such cleaning,
in a manner satisfactory to the inspector.
(c) All costs incident to such collection, disposal, and cleaning
other than the services of the inspector during his regular tour of duty
and at the usual place of duty, shall be borne by the importer or his
agent.
Sec. 319.8-25 Costs and charges.
The services of the inspector during regularly assigned hours of
duty and at the usual places of duty shall be furnished without cost to
the importer. The Plant Protection and Quarantine Programs will not
assume responsibility for any costs or charges, other than those
indicated in this section, in connection with the entry, inspection,
treatment, conditioning, storage, forwarding, or any other operation of
any character incidental to the physical entry of an importation of a
restricted material.
Sec. 319.8-26 Material refused entry.
Any material refused entry for noncompliance with the requirements
of this subpart shall be promptly removed from the United States or
abandoned by the importer for destruction, and pending such action shall
be subject to the immediate application of such safeguards against
escape of plant pests as the inspector may prescribe. If such material
is not promptly safeguarded by the importer, removed from the United
States, or abandoned for destruction to the satisfaction of the
inspector it may be seized, destroyed, or otherwise disposed of in
accordance with sections 414 and 421 of the Plant Protection Act (7
U.S.C. 7714 and 7731). Neither the Department of Agriculture nor the
inspector will be responsible for any costs accruing for demurrage,
shipping charges, cartage, labor, chemicals, or other expenses
incidental to the safeguarding or disposal of material refused entry by
the inspector, nor will the Department of Agriculture or the inspector
assume responsibility for the value of material destroyed.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]
Subpart--Sugarcane
Sec. 319.15 Notice of quarantine.
(a) The importation into the United States of sugarcane and its
related products, including cuttings, canes,
[[Page 225]]
leaves, and bagasse, from all foreign countries and localities is
prohibited, except for importations by the U.S. Department of
Agriculture for scientific or experimental purposes and importations
authorized under a permit issued by the Department specifying conditions
under which the materials have been or are to be subjected to mitigate
any pest risk.
(b) As used in this subpart, unless the context otherwise requires,
the term ``United States'' means the States, the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001]
Sec. 319.15a Administrative instructions and interpretation relating to entry into Guam of bagasse and related sugarcane products.
Bagasse and related sugarcane products have been so processed that,
in the judgment of the Department, their importation into Guam will
involve no pest risk, and they may be imported into Guam without further
permit, other than the authorization contained in this paragraph. Such
importations may be made without the submission of a notice of arrival
inasmuch as there is available to the inspector the essential
information normally supplied by the importer at the time of
importation. Inspection of such importations may be made under the
general authority of Sec. 330.105(a) of this chapter. If an importation
is found infected, infested, or contaminated with any plant pest and is
not subject to disposal under this part, disposition may be made in
accordance with Sec. 330.106 of this chapter.
Subpart--Citrus Canker and Other Citrus Diseases
Sec. 319.19 Notice of quarantine.
(a) In order to prevent the introduction into the United States of
the citrus canker disease (Xanthomonas citri (Hasse) Dowson) and other
citrus diseases, the importation into the United States of plants or any
plant part, except fruit and seeds, of all genera, species, and
varieties of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae
of the botanical family Rutaceae is prohibited, except as provided in
paragraphs (b), (c), and (d) of this section.
(b) Plants or plant parts of all genera, species, and varieties of
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae may be imported into the United States for
experimental or scientific purposes in accordance with conditions
prescribed by the Administrator, Animal and Plant Health Inspection
Service, United States Department of Agriculture.
(c) Plants or plant parts of all genera, species, and varieties of
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae may be imported into Guam in accordance with
Sec. 319.37-6.
(d) Plants or plant parts of all genera, species, and varieties of
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae that are regulated articles under
Secs. 319.40-1 through 319.40-11 may be imported into the United States
in accordance with Secs. 319.40-1 through 319.40-11 and without
restriction by this subpart.
(e) As used in this section unless the context otherwise requires,
the term ``United States'' means the continental United States, Guam,
Hawaii, Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27674, May 25, 1995]
Subpart--Corn Diseases
Quarantine
Sec. 319.24 Notice of quarantine.
(a) The fact has been determined by the Secretary of Agriculture,
and notice is hereby given, that maize or Indian corn (Zea mays L.) and
closely related plants are subject to certain injurious diseases,
especially Peronospora maydis Raciborski, Sclerospora sacchari Miyake
and other downy mildews; also the Physoderma diseases of maize,
Physoderma zeae-maydis Shaw, and Physoderma maydis Miyake, new to and
not heretofore widely prevalent or distributed within and throughout
[[Page 226]]
the United States, and that these diseases occur in southeastern Asia
(including India, Siam, Indo-China and China), Malayan Archipelago,
Australia, Oceania, Philippine Islands, Formosa, Japan, and adjacent
islands.
(b) Except as otherwise provided in this subpart, the importation
into the United States of raw or unmanufactured corn seed and all other
portions of Indian corn or maize and related plants, including all
species of teosinte (Euchlaena), jobs-tears (Coix), Polytoca,
Chionachne, and Sclerachne, from southeastern Asia (including India,
Indochina, and the People's Republic of China), Malayan Archipelago,
Australia, New Zealand, Oceania, Philippine Islands, Manchuria, Japan,
and adjacent islands is prohibited. However, this prohibition does not
apply to importations of such items by the U.S. Department of
Agriculture for scientific or experimental purposes. And further, when
the public interests will permit, the Deputy Administrator of the Plant
Protection and Quarantine Programs may, upon request in specific cases,
authorize such importations into Guam under conditions specified in the
permit that are less stringent than those contained in this subpart.
(c) As used in this subpart, unless the context otherwise requires,
the term ``United States'' means the States, the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands of the United States.
(d) Seed of Indian corn or maize (Zea mays L.) that is free from the
cob and from all other parts of corn may be imported into the United
States from New Zealand without further restriction.
[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993;
66 FR 21055, Apr. 27, 2001]
Sec. 319.24a Administrative instructions relating to entry of corn into Guam.
Corn may be imported into Guam without further permit, other than
the authorization contained in this section but subject to compliance
with Sec. 319.24-3. Such imports need not comply with the notice of
arrival requirements of Sec. 319.24-4 inasmuch as information equivalent
to that in a notice of arrival is available to the inspector from
another source. Section 319.24-5 shall not be applicable to importations
of corn into Guam. Such importations shall be subject to inspection at
the port of entry. Corn found upon inspection to contain disease
infection will be subject to sterilization in accordance with methods
selected by the inspector from administratively authorized procedures
known to be effective under the conditions in which applied.
Regulations Governing Entry of Indian Corn or Maize
Sec. 319.24-1 Applications for permits for importation of corn.
Persons contemplating the importation of corn into the United States
shall, before shipping the corn, make application for a permit, on forms
provided for that purpose, to the Deputy Administrator of the Plant
Protection and Quarantine Programs, Department of Agriculture,
Washington, DC, stating the name and address of the exporter, the
country and locality where grown, the port of departure, the proposed
port of entry, and the name and address of the importer or of the broker
in the United States to whom the permit should be sent.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.24-2 Issuance of permits.
(a) Upon receipt of an application and upon approval by an inspector
a permit will be issued specifying the conditions of entry and the port
of entry to carry out the purposes of this subpart, and a copy will be
supplied to the importer.
(b) Further permits may be refused and existing permits revoked, if
the application therefor does not correctly give the locality where the
corn was grown, or is false or deceptive in any material particular.
Sec. 319.24-3 Marking as condition of entry.
Every bag or other container of corn offered for entry shall be
plainly marked with such numbers or marks as
[[Page 227]]
will make it easily possible to associate the bags or containers with a
particular importation.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.24-4 Notice of arrival of corn by permittee.
Immediately upon the arrival of the corn at the port of entry the
permittee shall submit, in duplicate, notice to the Plant Protection and
Quarantine Programs, through the United States Collector of Customs, or,
in the case of Guam, through the Customs officer of the Government of
Guam, on forms provided for that purpose, stating the number of the
permit, the number of bags or other containers of corn included in the
shipment, the bag or other container numbers or marks, the country and
locality where the corn was grown, the name and address of the exporter
or foreign shipper, the port of departure, the date of arrival, the name
of the ship or vessel, and the designation of the dock where the corn is
to be landed.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.24-5 Condition of entry.
The corn shall not be removed from the port of entry, nor shall any
bag or other container thereof be broken or opened, except for the
purpose of sterilization, until a written notice is given to the United
States Collector of Customs, or, in the case of Guam, the Customs
officer of the Government of Guam, by an inspector of the Plant
Protection and Quarantine Programs, that the corn has been properly
sterilized and released for entry without further restrictions so far as
the jurisdiction of the Department of Agriculture extends thereto. All
apparatus and methods for accomplishing such sterilization must be
satisfactory to the Plant Protection and Quarantine Programs. Corn will
be delivered to the permittee for sterilization, upon the filing with
the appropriate customs official of a bond in the amount of $5,000, or
in an amount equal to the invoice value of the corn if such value is
less than $5,000, with approved sureties, and conditioned upon
sterilization of the corn under the supervision and the satisfaction of
an inspector of the Plant Protection and Quarantine Programs; and upon
the redelivery of the corn to said customs official within 40 days from
the arrival of the corn at the port of entry.
Subpart--Citrus Fruit
Note: Citrus nursery stock, except seeds, is prohibited entry from
all foreign countries and localities by the citrus nursery stock
quarantine No. 19 (Sec. 319.19).
The importation from all foreign countries of fruits of citrus and
citrus relatives, other than those specified in this subpart, is
restricted by the provisions of fruit and vegetable quarantine No. 56
(Secs. 319.56 to 319.56-8).
Sec. 319.28 Notice of quarantine.
(a)(1) To prevent the introduction into the United States of citrus
canker disease Xanthomonas campestris pv. citri (Hasse) Dye, the
importation of all fruits and peel of all genera, species, and varieties
of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae from eastern and southeastern Asia (including
India, Myanmar, Sri Lanka, Thailand, Indochina, and the People's
Republic of China); the Malay Archipelago; the Philippine Islands;
Oceania (except Australia and Tasmania); Japan and adjacent islands; the
Republic of Korea; Mauritius; Seychelles; Argentina (except for the
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered
free of citrus canker); Brazil; and Paraguay is prohibited.
(2) To prevent the introduction into the United States of sweet
orange scab (Elsinoe australis Bitanc. and Jenkins), the importation of
fruits and peel of all species and varieties of the genus Citrus,
including Citrus aurantifolia (Christm.) Swingle, C. aurantium L., C.
hystrix DC., C. limon (L.) Burm. f., C. paradisi Macf., C. reticulata
Blanco, C. sinensis (L.) Osbeck, and Fortunella margarita (Lour.)
Swingle, from Argentina (except as provided by Sec. 319.56-2f of this
[[Page 228]]
part), Brazil, Paraguay, and Uruguay is prohibited.
(3) To prevent the introduction into the United States of the
bacterial disease ``Cancrosis B,'' the importation of fruits and peel of
all species and varieties of the genus Citrus, including those indicated
in the previous paragraph, is prohibited from Argentina (except for the
States of Catamarca, Jujuy, Salta, and Tucuman, which are considered
free of Cancrosis B), Paraguay, and Uruguay. Seeds and processed peel of
fruits designated in this section are excluded from this prohibition.
Such seeds, however, are subject to the requirements of Secs. 319.37
through 319.37-27.
(b) The prohibition does not apply to Unshu oranges (Citrus
reticulata Blanco var. unshu, Swingle [Citrus unshiu Marcovitch,
Tanaka]), also known as Satsuma, grown in Japan or on Cheju Island,
Republic of Korea, and imported under permit into any area of the United
States except for those areas specified in paragraph (b)(7) of this
section: Provided, that each of the following safeguards is fully
carried out:
(1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of the
country of origin. Only Unshu orange trees may be grown in these areas,
which must be kept free of all citrus other than the propagative
material of Unshu oranges. The export areas must be inspected and found
free of citrus canker and prohibited plant material by qualified plant
protection officers of both the country of origin and the United States.
The export areas must be surrounded by 400-meter-wide buffer zones. The
buffer zones must be kept free of all citrus other than the following 10
varieties: Buntan Hirado (Citrus grandis); Buntan Vietnam (C. grandis);
Hassaku (C. hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp.
non Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C.
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos).
The buffer zones must be inspected and found free of citrus canker and
prohibited plant material by qualified plant protection officers of both
the country of origin and the United States.
(2) In Unshu orange export areas and buffer zones on Kyushu Island,
Japan, trapping for the citrus fruit fly (Bactrocera tsuneonis) must be
conducted as prescribed by the Japanese Government's Ministry of
Agriculture, Forestry and Fisheries and the U.S. Department of
Agriculture. If fruit flies are detected, then shipping will be
suspended from the export area until negative trapping shows the problem
has been resolved.
(3) Inspection of the Unshu oranges shall be performed jointly by
plant protection officers of the country of origin and the United States
in the groves prior to and during harvest, and in the packinghouses
during packing operations.
(4) Before packing, such oranges shall be given a surface
sterilization as prescribed by the U.S. Department of Agriculture.
(5) Each shipment of oranges grown on Honshu Island, Japan, must be
fumigated with methyl bromide after harvest and prior to exportation to
the United States. Fumigation must be at the rate of 3 lbs./1,000 cu.
ft. for 2 hours at 59 deg.F or above at normal atmospheric pressure
(chamber only) with a load factor of 32 percent or below.
(6) The identity of the fruit shall be maintained in the following
manner:
(i) The individual boxes in which the oranges are shipped must be
stamped or printed with a statement specifying the States into which the
Unshu oranges may be imported, and from which they are prohibited
removal under a Federal plant quarantine.
(ii) Each shipment of oranges handled in accordance with these
procedures shall be accompanied by a certificate of the plant protection
service of the country of origin certifying that the fruit is apparently
free of citrus canker disease.
(7) The Unshu oranges may be imported into the United States only
through a port of entry listed in Sec. 319.37-14, except as follows:
(i) Unshu oranges from Honshu Island, Japan, may not be imported
into American Samoa, the Northern Mariana Islands, Puerto Rico, or the
U.S. Virgin Islands.
[[Page 229]]
(ii) Unshu oranges from Kyushu Island, Japan (Prefectures of
Fukuoka, Kumanmoto, Nagasaki, and Saga only), or Cheju Island, Republic
of Korea, may not be imported into American Samoa, Arizona, California,
Florida, Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico,
Texas, or the U.S. Virgin Islands.
(c) This prohibition shall not apply to importations for
experimental or scientific purposes by the U.S. Department of
Agriculture upon such conditions and under such requirements as may be
prescribed in permits that may be issued by the Deputy Administrator of
the Plant Protection and Quarantine Programs for such importations.
(d) Further, this prohibition shall not apply to importations into
Guam of the fruits and peel designated in paragraph (a)(1) of this
section.
(e) Importations allowed in paragraphs (b), (c), and (d) of this
section shall be subject to the permit and other requirements under the
Fruits and Vegetables Quarantine (Sec. 319.56).
(f) All salary, travel, and subsistence expenses incident to the
assignment of personnel of the U.S. Department of Agriculture to such
operations in the country of origin of the Unshu oranges shall be paid
by those requesting the service of such personnel.
(g) The term United States means the States, District of Columbia,
American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands of the United States.
(h) Any permit that has been issued for the importation of Unshu
oranges may be withdrawn by an inspector orally or in writing, if he or
she determines that the holder of the permit has not complied with any
of the conditions in the regulations. The holder of the permit shall be
informed orally or in writing of the reasons for the withdrawal. If the
withdrawal is oral, the decision and the reasons for the withdrawal will
be confirmed in writing as promptly as circumstances allow. Any person
whose permit has been withdrawn may appeal the decision in writing to
the Deputy Administrator within ten (10) days after receiving the
written notification of the withdrawal. The appeal must state all of the
facts and reasons upon which the person relies to show that the permit
was wrongfully withdrawn. As promptly as circumstances allow, the Deputy
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 any material fact. Rules of practice concerning a hearing will be
adopted by the Deputy Administrator.
(i) The term inspector means any employee of Plant Protection and
Quarantine, Animal and Plant Health Inspection Service, who is
authorized by the Deputy Administrator to enforce the regulations in
this subpart.
[32 FR 7959, June 2, 1967, as amended at 36 FR 24917, Dec. 24, 1971; 37
FR 7481, Apr. 15, 1972; 37 FR 23624, Nov. 7, 1972; 43 FR 13491, Mar. 31,
1978; 52 FR 32291, Aug. 27, 1987; 53 FR 50508, Dec. 16, 1988; 59 FR
13183, Mar. 21, 1994; 60 FR 39103, 39104, Aug. 1, 1995; 65 FR 37667,
June 15, 2000; 66 FR 21055, Apr. 27, 2001; 67 FR 4876, Feb. 1, 2002]
Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant
Products 1, 2
---------------------------------------------------------------------------
\1\ The Plant Protection and Quarantine Programs also enforces
regulations promulgated under the Endangered Species Act of 1973 (Pub.
L. 93-205, as amended) which contain additional prohibitions and
restrictions on importation into the United States of articles subject
to this subpart (See 50 CFR parts 17 and 23).
\2\ One or more common names of articles are given in parentheses
after most scientific names (when common names are known) for the
purpose of helping to identify the articles represented by such
scientific names; however, unless otherwise specified, a reference to a
scientific name includes all articles within the category represented by
the scientific name regardless of whether the common name or names are
as comprehensive in scope as the scientific name.
Source: 45 FR 31585, May 13, 1980, as amended at 60 FR 27674, May
25, 1995.
Sec. 319.37 Prohibitions and restrictions on importation; disposal of articles refused importation.
(a) No person shall import or offer for entry into the United States
any prohibited article, except as otherwise provided in Sec. 319.37-2(c)
of this subpart. No person shall import or offer for
[[Page 230]]
entry into the United States any restricted article except in accordance
with this subpart.
(b) The importer of any article denied entry for noncompliance with
this subpart must, at the importer's expense and within the time
specified in an emergency action notification (PPQ Form 523), destroy,
ship to a point outside the United States, or apply treatments or other
safeguards to the article, as prescribed by an inspector to prevent the
introduction into the United States of plant pests. In choosing which
action to order and in setting the time limit for the action, the
inspector shall consider the degree of pest risk presented by the plant
pest associated with the article, whether the article is a host of the
pest, the types of other host materials for the pest in or near the
port, the climate and season at the port in relation to the pest's
survival range, and the availability of treatment facilities for the
article.
(c) No person shall remove any restricted article from the port of
first arrival unless and until a written notice is given to the
collector of customs by the inspector that the restricted article has
satisfied all requirements under this subpart.
[57 FR 43144, Sept. 18, 1992]
Sec. 319.37-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Bulbs. The portion of a plant commonly known as a bulb, bulbil,
bulblet, corm, cormel, rhizome, tuber, or pip, and including fleshy
roots or other underground fleshy growths, a unit of which produces an
individual plant.
Clean well water. Well water that does not contain plant pathogens
or other plant pests.
Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspection Service, U.S. Department of Agriculture for the
Plant Protection and Quarantine Programs, or any other officer or
employee of the Department to whom authority to act in his/her stead has
been or may hereafter be delegated.
Disease. The term in addition to its common meaning, includes a
disease agent which incites a disease.
Earth. The softer matter composing part of the surface of the globe,
in distinction from the firm rock, and including the soil and subsoil,
as well as finely divided rock and other soil formation materials down
to the rock layer.
Europe. The continent of Europe, the British Isles, Iceland, the
Azores, and the islands in the Mediterranean Sea.
From. An article is considered to be ``from'' any country or
locality in which it was grown. Provided, That an article imported into
Canada from another country or locality shall be considered as being
solely from Canada if it meets the following conditions:
(a) It is imported into the United States directly from Canada after
having been grown for at least 1 year in Canada,
(b) It has never been grown in a country from which it would be a
prohibited article or grown in a country other than Canada from which it
would be subject to conditions of Sec. 319.37-5 (c), (d), (e), (f), (g),
(h), (i), (j), (k), (l), or (m) of this subpart, or subject to
conditions of Sec. 319.37-6 of this subpart,
(c) It was not grown in a country or locality from which it would be
subject to conditions of Sec. 319.37-7 of this subpart unless it was
grown in Canada under postentry growing conditions equivalent to those
specified in Sec. 319.37-7 \3\ of this subpart, and
---------------------------------------------------------------------------
\3\ Currently only Chaenomoles spp. (flowering quince), Cydonia spp.
(quince), Malus spp. (apple, crabapple); Prunus spp. (almond, apricot,
cherry, cherry laurel, English laurel, nectarine, peach, plum, prune)
and Pyrus spp. (pear) are required under the laws of Canada to be grown
in Canada under such equivalent conditions after importation.
---------------------------------------------------------------------------
(d) It was not imported into Canada in growing media.
Indexing. A procedure for using plant material or its extracts to
determine the presence or absence of one or more pests in or on the
tested plant material. For the purposes of this subpart, indexing is
performed in foreign countries to test the parent stock of designated
articles that must meet special
[[Page 231]]
foreign inspection and certification requirements in accordance with
Sec. 319.37-5 to be eligible for importation into the United States. The
results of indexing tests are used by the plant protection services of
foreign countries to issue phytosanitary certificates declaring plant
articles free of specified diseases. The following indexing procedures
are authorized for use with the specified plant genera, if the
procedures are performed using protocols acceptable to the plant
protection service that issues phytosanitary certificates based on them:
mechanical transmission of the pest to an indicator plant for Dianthus,
Malus, Prunus, Rubus, and Syringa; graft transmission of the pest to an
indicator plant for Chaenomeles, Cydonia, Malus, Prunus, Pyrus, Rubus,
and Syringa; serology for Dianthus, Malus, Prunus, Pyrus, Rubus, and
Syringa; electron microscopy for Dianthus and Prunus, and nucleic acid
probes for Chaenomeles, Cydonia, Malus, and Pyrus.
Inspector. Any employee of the Plant Protection and Quarantine
Programs, Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, or other person, authorized by the Deputy Administrator in
accordance with law to enforce the provisions of the regulations in this
subpart.
Nursery stock. All field-grown florist's stock, trees, shrubs,
vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of
fruit and ornamental trees or shrubs, and other plants and plant
products for propagation, except field, vegetable, and flower seeds,
bedding plants, and other herbaceous plants, bulbs, and roots.
Oceania. The islands of Micronesia, Melanesia, and Polynesia (except
Hawaii, Guam, and the Northern Mariana Islands) in the central and
southern Pacific Ocean.
Person. An individual, corporation, company, society, or
association.
Phytosanitary certificate of inspection. A document relating to a
restricted article, which is issued by a plant protection official of
the country in which the restricted article was grown, which is issued
not more than 15 days prior to shipment of the restricted article from
the country in which grown, which is addressed to the plant protection
service of the United States (Plant Protection and Quarantine Programs),
which contains a description of the restricted article intended to be
imported into the United States, which certifies that the article has
been thoroughly inspected, is believed to be free from injurious plant
diseases, injurious insect pests, and other plant pests, and is
otherwise believed to be eligible for importation pursuant to the
current phytosanitary laws and regulations of the United States, and
which contains any specific additional declarations required under this
subpart.
Plant pest. The egg, pupal, and larval stages as well as any other
living stage of: Any insects, mites, nematodes, slugs, snails, protozoa,
or other invertebrate animals, bacteria, fungi, other parasitic plants
or reproductive parts thereof, viruses, or any organisms similar to or
allied with any of the foregoing, or any infectious substances, which
can directly or indirectly injure or cause disease or damage in any
plants or parts thereof, or any processed, manufactured, or other
products of plants.
Plant Protection and Quarantine Programs. The organizational unit
with the Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Quarantine Act and related legislation, quarantines, and
regulations.
Port of first arrival. The land area (such as a seaport, airport, or
land border station) where a person, or a land, water, or air vehicle,
first arrives after entering the territory of the United States, and
where inspection of articles is carried out by inspectors.
Potable water. Water which is approved for drinking purposes by the
national or local health authority having jurisdiction.
Prohibited article. Any nursery stock, plant, root, bulb, seed, or
other plant product designated in Sec. 319.37-2 (a) or (b), except wood
articles regulated under Secs. 319.40-1 through 319.40-11, ``Subpart--
Logs, Lumber, and Other Unmanufactured Wood Articles.''
Restricted article. Any class of nursery stock or other class of
plant, root, bulb, seed, or other plant product, for or capable of
propagation, excluding
[[Page 232]]
any prohibited articles listed in Sec. 319.37-2 (a) or (b) of this
subpart, excluding any articles subject to any restricted entry orders
in 7 CFR part 321 (i.e., potatoes), and excluding any articles regulated
in 7 CFR 319.8 through 319.24 or 319.41 through 319.74-7.
Secretary. The Secretary of Agriculture, or any other officer or
employee of the Department of Agriculture to whom authority to act in
his/her stead has been or may hereafter be delegated.
Soil. The loose surface material of the earth in which plants,
trees, and shrubs grow, in most cases consisting of disintegrated rock
with an admixture of organic material and soluble salts.
Solanum spp. true seed. Seed produced by flowers of Solanum capable
of germinating and producing new Solanum plants, as distinguished from
Solanum tubers, whole or cut, that are referred to as Solanum seeds or
seed potatoes.
Spp. (species). All species, clones, cultivars, strains, varieties,
and hybrids, of a genus.
State Plant Regulatory Official. The official authorized by the
State to sign agreements with Federal agencies involving operations of
the State plant protection agency.
United States. The States, District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
[45 FR 31585, May 13, 1980, as amended at 50 FR 8706, Mar. 5, 1985; 56
FR 19790, Apr. 30, 1991; 57 FR 43145, Sept. 18, 1992; 58 FR 38267, July
16, 1993; 60 FR 3077, Jan. 13, 1995; 60 FR 27674, May 25, 1995; 63 FR
13484, Mar. 20, 1998; 66 FR 21055, Apr. 27, 2001]
Sec. 319.37-2 Prohibited articles.
(a) The following listed articles from the designated countries and
localities are prohibited articles and are prohibited from being
imported or offered for entry into the United States except as provided
in paragraph (c) of this section.
[[Page 233]]
----------------------------------------------------------------------------------------------------------------
Prohibited article (includes Plant pests existing in the places named and
seeds only if specifically Foreign places from which capable of being transported with the
mentioned) prohibited prohibited article
----------------------------------------------------------------------------------------------------------------
Abelmoschus spp. (okra)......... Africa.......................... Cotton leaf curl agent.
Brazil.......................... Cotton Anthocyanosis agent.
Bangladesh, India, Sri Lanka.... Bhendi yellow vein mosaic agent.
Ivory Coast, Nigeria............ Okra mosaic virus.
Iraq............................ Okra yellow leaf curl agent.
Papua New Guinea, Trinidad and Okra mosaic agents.
Tobago.
Abies spp. (fir)................ All except Canada............... 50 or more species of rusts including
Chrysomyxa abietis (Wallr.) Ung. (a rust
causing a serious needle disease);
Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Acacia spp. (acacia)............ Australia and Oceania........... Uromycladium tepperianum (Sacc.) McAlp.
(Rust).
Acer spp. (maple) (except Acer Japan........................... Xanthomonas acernea (Ogawa) Burk.
palmatum and Acer japonicum Europe, Japan................... Maple mosaic or variegation diseases.
meeting the conditions for
importation in Sec. 319.37-
5(m).
Actinidia spp. (Chinese Japan and Taiwan................ Pucciniastrum actinidiae Hiratusuka (Rust).
gooseberry, kiwi)..
Adonidia spp.................... All............................. A diversity of diseases including, but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Aesculus spp. (horsechestnut)... Czechoslovakia, Federal Republic Horsechestnut variegation or yellow mosaic
of Germany, Romania, United diseases.
Kingdom.
Aiphanes spp. (coyure, ruffle, All............................. A diversity of diseases including but not
and spine palm). limited to: lethal yellowing disease;
cadang-cadang disease.
Allagoptera arenaria............ All............................. A diversity of diseases including, but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Althaea spp. (althaea, Africa.......................... Cotton leaf curl agent.
hollyhock). Bangladesh, India, Sri Lanka.... Bhendi yellow vein mosaic agent.
Arachis spp. (peanut) seed only India, Indonesia, Japan, Peanut stripe virus.
(all other Arachis articles are People's Republic of China,
included under Fabaceae). Philippines, Taiwan, Thailand.
Ivory Coast, Senegal, Upper Peanut clump virus.
Volta.
India........................... Indian peanut clump virus.
Areca spp....................... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Arenga spp. (sugarpalm)......... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Arikuryroba spp. (arikury palm). All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Articles listed in Sec. 319.37- All except Canada............... A diversity of diseases, insects, and other
2(b). pests, including but not limited to:
Cactoblastis cactorum (Berg); Metamasius
spp.; Opogona sacchari (Bojer); Chrysomyxa
himalensis Barclay (Spruce needle rust);
Aecidium mori Barclay (Mulberry rust);
Pseudomonas lignicola Westherd. & Buis.
(Bacterial stain); Pucciniastrum areolatum
(Fr.) Otth. (Cherry-spruce rust).
Bambuseae (seeds, plants, and All............................. Various plant diseases, Including bamboo
cuttings). smut (Ustilago shiraiana)
[[Page 234]]
Berberis spp. (barberry) (plants All............................. Puccinia graminis Pers. (Black stem rust).
of all species and
horticultural varieties not
designated as resistant to
black stem rust in accordance
with Sec. 301.38-1 of this
chapter).
Berberis spp. (barberry) All............................. Puccinia graminis Pers. (Black stem rust).
destined to an eradication
State listed in Sec. 301.38-2a
of this chapter (plants of all
species and horticultural
varieties designated as
resistant to black stem rust in
accordance with Sec. 301.38-1
of this chapter).
Berberis spp. (barberry) seed... All............................. Puccinia graminis Pers. (Black stem rust).
Blighia sapida (akee)........... Nigeria, Ivory Coast............ Okra mosaic virus.
Borassus spp. (palmyra palm).... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Caryota spp. (fishtail palm).... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Castanea spp. (chestnut)........ All............................. Cryphonectria parasitica (Murrill) Barr
(chestnut blight); Dryocosmus kuriphilus
Yasumatsu (gall wasp).
Cedrus spp. (cedar)............. Europe.......................... Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Fusarium fuliginosporum Sibilia (Seedling
disease).
Chaenomeles spp. (flowering All............................. A diversity of diseases including but not
quince) not meeting the limited to those listed for Chaenomeles in
conditions for importation in Sec. 319.37-5(b)(1).
Sec. 319.37-5(b).
Chrysalidocarpus spp. (butterfly All............................. A diversity of diseases including but not
palm). limited to: Lethal yellowing disease;
Cadang-cadang disease.
Chrysanthemum spp. Argentina, Brazil, Canary Puccinia horiana P. Henn. (white rust of
(chrysanthemum). Islands, Chile, Colombia, chrysanthemum).
Europe, Republic of South
Africa, Uruguay, Venezuela, and
all countries, territories, and
possessions of countries
located in part or entirely
between 90 deg. and 180 deg.
East longitude.
Cocos spp. (other than Cocos All............................. A diversity of diseases including but not
nucifera). limited to: Lethal yellowing disease;
Cadang-cadang disease.
Cocos nucifera (coconut) (includ- All except from Jamaica or Costa A diversity of diseases including but not
ing seed) (Coconut seed Rica if meeting the conditions limited to: lethal yellowing disease;
without husk or without milk for importation in Sec. 319.37- cadang-cadang disease.
may be imported into the United 5(g).
States in accordance with Sec.
319.56).
Corypha spp..................... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Crocosmia spp. (montebretia).... Africa.......................... Puccinia mccleanii Doidge (rust), Uredo
gladioli-buettneri Bub. (rust), Uromyces
gladioli P. Henn. (rust), U. nyikensis Syd.
(rust).
Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
Malta, Mauritius, Portugal.
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
[[Page 235]]
Cydonia spp. (quince) not All............................. A diversity of diseases including but not
meeting the conditions for limited to those listed for Cydonia in Sec.
importation in Sec. 319.37- 319.37-5(b)(1).
5(b).
Datura spp...................... Colombia........................ Datura Colombian virus.
India........................... Datura distortion or enation mosaic virus.
Dendranthema spp. Argentina, Brazil, Canary Puccinia horiana P. Henn. (white rust of
(chrysanthemum). Islands, Chile, Colombia, chrysanthemum).
Europe, Republic of South
Africa, Uruguay, Venezuela, and
all countries, territories, and
possessions of countries
located in part or entirely
between 90 deg. and 180 deg.
East longitude.
Dictyosperma spp. (Princesspalm) All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Elaeis spp. (oil palm).......... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Erianthus spp. (plumegrass)..... All............................. Puccinia melanocephala H. Syd. & P. Syd.
(Sugarcane rust).
Eucalyptus spp. (eucalyptus).... Europe, Sri Lanka, and Uruguay.. Pestalotia disseminata Thuem. (parasitic
leaf fungus).
Euonymus spp. (euonymus)........ Europe, Japan................... Euonymus mosaic diseases.
Fabaceae (=Leguminosae) All except Canada............... A diversity of diseases including but not
(herbaceous spp. only). limited to: African soybean dwarf agent,
alfalfa enation virus, azuki bean mosaic
virus, bean golden mosaic virus, cowpea
mild mottle virus, French bean mosaic
virus, groundnut chlorotic leaf streak
virus, groundnut chlorotic spotting virus,
groundnut rosette agents, groundnut witches
broom MLO, horsegram yellow mosaic virus,
Indonesian soybean dwarf virus, lima bean
mosaic virus, lucerne Australian
symptomless virus, lucerne vein yellowing
virus, mung bean yellow mosaic virus,
peanut stripe virus, red clover mottle
virus, and soybean dwarf virus.
Fragaria spp. (strawberry) not All except Canada............... Phytophthora fragariae Hickman (Red stele
meeting the conditions for disease).
importation in Sec. 319.37-
5(h).
Fraxinus spp. (ash)............. Europe.......................... Pseudomonas savastanoi var. fraxini (Brown)
Dowson (Canker and dwarfing disease of
ash).
Gaussia spp. (llumepalm)........ All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Gladiolus spp. (gladiolus)...... Africa.......................... Puccinia mccleanii Doidge (rust), Uredo
gladioli-buettneri Bub. (rust), Uromyces
gladioli P. Henn. (rust), U. nyikensis Syd.
(rust).
Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
Malta, Mauritius, Portugal.
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
Gossypium spp. (cotton, All............................. A diversity of diseases including but not
cottontree). limited to: cotton leaf curl virus; cotton
virescence agent; small leaf virus.
Hibiscus spp. (kenaf, hibiscus, Africa.......................... Cotton leaf curl agent.
rose mallow).
Brazil.......................... Cotton anthocyanosis agent.
India........................... Hibiscus leaf curl agent.
Howea spp. (sentry palm) not All............................. A diversity of diseases including but not
meeting the conditions in Sec. limited to: Lethal yellowing disease;
319.37-5(n). Cadang-cadang disease.
Hydragea spp. (hydrangea)....... Japan........................... Aecidium hydrangeae-paniculatea Dietel.
Hyophorbe spp. (palm)........... All............................. A diversity of diseases including but not
limited to: lethal yellowing disease;
cadang-cadang disease.
Ipomoea spp. (sweetpotato)...... All except Canada............... A diversity of diseases including but not
limited to: sweetpotato witches broom
(little leaf); and sweetpotato viruses of
eastern Africa.
Jasminum spp. (jasmine)......... Belgium, Federal Republic of Jasmine variegation diseases.
Germany, Great Britain.
[[Page 236]]
India........................... Chlorotic ringspot, phyllody, yellow ring
mosaic diseases.
Philippines..................... Sampaguita yellow ringspot mosaic diseases.
Juniperus spp. (juniper)........ Austria, Finland, and Romania... Stigmina deflectans (Karst) Ellis
(Needlecast disease).
Europe.......................... Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Larix spp. (larch).............. Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis
Nova Scotia in Canada, Europe, (European larch canker).
and Japan.
Europe.......................... Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Latania spp..................... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Leersia spp. (cutgrass) seed All............................. Xanthomonas campestris pv. oryzae (Ishiyama)
only (all other Leersia Dye.
articles are included under
Poaceae).
Lens spp. seed (lentil)......... South America................... Uromyces viciae-fabae (Pers.) Schroet.
(Rust).
Leptochloa spp. (sprangletop) All............................. Xanthomonas campestris pv. oryzae (Ishiyama)
seed only (all other Leptochloa Dye.
articles are included under
Poaceae).
Ligustrum spp. (privet)......... Europe.......................... Ligustrum mosaic diseases.
Livistona spp. (fan palm)....... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Mahoberberis spp. (plants of all All............................. Puccinia graminis Pers. (Black stem rust).
species and horticultural
varieties not designated as
resistant to black stem rust in
accordance with Sec. 301.38-1
of this chapter).
Mahoberberis spp. destined to an All............................. Puccinia graminis Pers. (Black stem rust).
eradication State listed in
Sec. 301.38-2(a) of this
chapter (plants of all species
and horticultural varieties
designated as resistant to
black stem rust in accordance
with Sec. 301.38-1 of this
chapter).
Mahoberberis spp. seed.......... All............................. Puccinia graminis Pers. (Black stem rust).
Mahonia spp. (mahonia) (plants All............................. Puccinia graminis Pers. (Black stem rust).
of all species and
horticultural varieties not
designated as resistant to
black stem rust in accordance
with Sec. 301.38-1 of this
chapter.
[[Page 237]]
Mahonia spp. (mahonia) destined All............................. Puccinia graminis Pers. (Black stem rust).
to an eradication State listed
in Sec. 301.38-2(a) of this
chapter (plants of all species
and horticultural varieties
designated as resistant to
black stem rust in accordance
with Sec. 301.38-1 of this
chapter).
Mahonia spp. seed............... All............................. Puccinia graminis Pers. (Black stem rust).
Malus spp. (apple, crabapple) All............................. A diversity of diseases including but not
not meeting the conditions for limited to those listed for Malus in Sec.
importation in Sec. 319.37- 319.37-5(b)(1).
5(b).
Mangifera spp. (mango) seed only All except North and South Cryptorhynchus mangiferae F. (mango weevil).
America (excluding Barbados,
Dominica, French Guiana,
Guadeloupe, Martinique, and St.
Lucia).
Manihot spp. (cassava).......... All except Canada............... A diversity of diseases, insects, and other
pests including but not limited to:
Mononychellus tanajoa (Bondar) (cassava
mite); Phenococcus manihotis Matile-Ferrero
(cassava mealybug); Xanthomonas manihotis
(Arthand-Berthet) Starr (Bacterial blight);
Cassava brown streak virus; Cassava latent
virus; Cassava African mosaic virus;
Cassava common mosaic virus.
Mascarena spp................... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Morus spp. (mulberry)........... India, Japan, Korea, People's Mulberry dwarf or mulberry mosaic diseases.
Republic of China, Thailand,
and the geographic area
formerly known as the Union of
Soviet Socialist Republics.
Nannorrhops spp. (mazaripalm)... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Neodypsis spp. (palm)........... All............................. A diversity of diseases including but not
limited to: lethal yellowing disease;
cadang-cadang disease.
Persea spp. (avocado) seed...... Central and South America, and Heilipus lauri Boh. (Avocado weevil);
Mexico. Stenoma catenifer Wals. (Avocado seed
moth); Conotrachelus spp.
Philadelphus spp. (mock orange). Europe.......................... Elm mottle virus.
Phoenix spp. (date)............. All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Picea spp. (spruce)............. Europe, Japan, and Siberia...... Chrysomyxa ledi (Alb. & Schw.) d By var.
rhododendri (DC) Savile. (Rhododendron-
spruce needle rust).
Europe.......................... Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Pinus spp. (pine) (2- or 3- Europe and Japan................ Cronartium flaccidium (Alb. & Schw.) Wint.
leaved). (Rust causing serious stunting of hard
pines.)
Japan........................... Gall-forming rust.
[[Page 238]]
Poaceae (vegetative parts of all All except Canada............... A wide diversity of plant diseases,
grains and grasses, except including but not limited to: banana streak
species of Bambuseae). virus, barley yellow mosaic virus, barley
yellow striate mosaic virus, brome streak
mosaic virus, cereal chlorotic mosaic
virus, cocksfoot mild mosaic virus, corn
stunt spiroplasma, Cynodon chlorotic streak
virus, cynosurus mottle virus, Echinochloa
ragged stunt virus, European aster yellows
MLO, European wheat striate mosaic virus,
Iranian maize mosaic virus, maize bushy
stunt MLO, maize chlorotic mottle virus,
maize mosaic virus, maize mottle/chlorotic
stunt virus, maize rough dwarf virus, maize
streak virus, maize stripe virus, northern
cereal mosaic virus, oat red streak mosaic
virus, oat sterile dwarf virus, rice dwarf
virus, rice gall dwarf virus, rice tungro
virus, rice wilted stunt virus, rice yellow
mottle virus, rice yellow dwarf agent,
yellow dwarf agent, sugarcane white leaf
MLO, wheat yellow leaf virus, and wheat
yellowing stripe bacterium.
Populus spp. (aspen, cottonwood, Europe.......................... Xanthomonas populi Ride (Canker).
poplar).
Pritchardia spp................. All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Prunus spp. (almond, apricot, All............................. A diversity of diseases including but not
cherry, cherry laurel, English limited to those listed for Prunus in Sec.
laurel, nectarine, peach, plum, 319.37-5(b)(1).
prune) not meeting the
conditions for importation in
Sec. 319.37-5(b).
Prunus spp. seed only (almond, All............................. Plum pox (Sharka) virus.
apricot, nectarine, peach,
plum, and prune, but not
species in subgenus Cerasus)
not meeting the conditions for
importation in Sec. 319.37-
5(j).
Pseudolarix spp. (golden larch). Provinces of New Brunswick and Lachnellula willkommii (Harteg) Dennis
Nova Scotia in Canada, Europe, (European larch canker).
and Japan.
Pseudotsuga spp. (Douglas fir).. Europe.......................... Phacidiopycnis pseudotsuga (M. Wils.) Hahn
(Douglas fir canker).
Pyrus spp. (pear) not meeting All............................. A diversity of diseases including but not
the conditions for importation limited to those listed for Pyrus in Sec.
in Sec. 319.37-5(b). 319.37-5(b)(1).
Quercus spp. (oak).............. Japan........................... Stereum hiugense Imazeki (White rot); a gall-
forming rust.
Ravenea spp. (palm)............. All............................. A diversity of diseases including but not
limited to: lethal yellowing disease;
cadang-cadang disease.
Ribes spp. (currant, gooseberry) Europe and New Zealand.......... Black currant reversion agent.
Rosa spp. (rose)................ Australia, Bulgaria, Italy, and Rose wilt virus.
New Zealand.
Salix spp. (willow)............. Federal Republic of Germany Erwinia salicis (Day) Chester (Watermark
(West), German Democratic disease).
Republic (East), Great Britain,
and The Netherlands.
Seeds of all kinds when in pulp. All except Canada............... Fruit flies, or other injurious insects.
[[Page 239]]
Solanum spp. (potato) (tuber All except Canada (except Andean potato latent virus; Andean potato
bearing species only--Section Newfoundland and that portion mottle virus; potato mop top virus;
Tuberarium), including potato of the Municipality of Central dulcamara mottle virus; tomato blackring
tubers. Saanich in the Province of virus; tobacco rattle virus; potato virus Y
British Columbia east of the (tobacco veinal necrosis strain); potato
West Saanich Road).. purple top wilt agent; potato marginal
flavescence agent; potato purple top roll
agent; potato witches broom agent; stolbur
agent; parastolbur agent; potato leaflet
stunt agent; potato spindle tuber viroid;
arracacha virus B; potato yellowing virus.
Solanum spp. true seed (tuber All except Canada, New Zealand, Andean potato latent virus, potato virus T,
bearing species only--Section and the X region of Chile (that tobacco ringspot virus (Andean potato
Tuberarium). area of Chile between 39 deg. calico strain); arracacha virus B; potato
and 44 deg. South latitude--see yellowing virus.
Sec. 319.37-5(o)).
Sorbus spp. (mountain ash)...... Czechoslovakia, Denmark, Federal Mountain ash variegation or ringspot mosaic
Republic of Germany. disease.
Syringa spp. (lilac) not meeting Europe.......................... Elm mottle virus.
the conditions for importation
in Sec. 319.37-5(i).
Theobroma spp. (cacao).......... All............................. A diversity of diseases and pests including
but not limited to: cocoa swollen shoot
virus, cocoa mottle leaf virus, cocoa
yellow mosaic virus, cocoa necrosis virus,
Crinipellis perniciosa (Stahel) Singer
(witches broom fungus), Monilia roreri--
Moniliophthora rorei (CiF.) H.C. Evans et
al. (watery pod rot), cocoa isolates of
Ceratocystis fimbriata Ellis and Halst
(wilts), Trachysphaera fructigena Tabor and
Bunting (mealy pod agents of cushy gall
disease), Oncobasidum theobromae Talbot and
Keane (vascular streak die-back), Xyleborus
spp. beetles and Acrocercops cramella
(Snellen) (cocoa moth).
Trachycarpus spp. (windmill All............................. A diversity of diseases including but not
palm). limited to: Lethal yellowing disease;
Cadang-cadang disease.
Ulmus spp. (elm) (including Europe.......................... Elm mottle virus.
seeds).
Veitchia spp.................... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Vitis spp. (grape) not meeting All............................. A diversity of diseases including but not
the conditions for importation limited to those specified for Vitis in
in Sec. 319.37-5(b). Sec. 319.37-5(b)(1).
Watsonia spp. (bugle lily)...... Africa.......................... Puccinia mccleanii Doidge (rust), Uredo
gladioli-buettneri Bub. (rust), Uromyces
gladioli P. Henn. (rust), U. nyikensis Syd.
(rust).
Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
Malta, Mauritius, Portugal.
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
Zizania spp. (wild rice) seed All except Canada............... Xanthomonas campestris pv. oryzae (Ishiyama)
only (all other Zizania Dye.
articles are included under
Poaceae).
----------------------------------------------------------------------------------------------------------------
[[Page 240]]
(b) The following listed articles from all foreign places except
Canada are prohibited articles and are prohibited from being imported or
offered for entry into the United States except as provided in paragraph
(c) of this section:
(1) Rhododendron spp. (rhododendron and azalea) or other genera or
species of similar slow growth habit, other than artificially dwarfed
plants meeting the conditions in Sec. 319.37-5(q):
(i) Exceeding 3 years of age if grown from seeds or cuttings; or
(ii) Exceeding 2 years of age after severance from the parent plant
if produced by layers; or
(iii) Having more than 3 years' growth from the bud or graft if
produced by budding or grafting.
(2) Any naturally dwarf or miniature form of tree or shrub exceeding
305 millimeters (approximately 12 inches) in length from the soil line.
(3) Herbaceous perennials (except epiphytes) imported in the form of
root crowns or clumps exceeding 102 millimeters (approximately 4 inches)
in diameter.
(4) Stem cuttings without leaves, without roots, without sprouts,
and without branches (other than cactus cuttings and cuttings of
epiphytes) exceeding 102 millimeters (approximately 4 inches) in
diameter or exceeding 1.83 meters (approximately 6 feet) in length; and
stem cuttings of epiphytes with or without aerial roots (without leaves,
without sprouts, and without branches) exceeding 102 millimeters
(approximately 4 inches) in diameter or exceeding 1.83 meters
(approximately 6 feet) in length.
(5) Cactus cuttings (without roots or branches) exceeding 153
millimeters (approximately 6 inches) in diameter or exceeding 1.22
meters (approximately 4 feet) in length.
(6)(i) Plants (other than stem cuttings, cactus cuttings,
artificially dwarfed plants meeting the conditions in Sec. 319.37-5(q),
and palms and plants whose growth habits simulate palms) exceeding 460
millimeters (approximately 18 inches) in length from soil line (top of
rooting zone for plants produced by air layering) to the farthest
terminal growing point and whose growth habits simulate the woody habits
of trees and shrubs, including but not limited to cacti, cycads, yuccas,
and dracaenas.
(ii) Palms and plants whose growth habits simulate palms, that
exceed a total length (stem plus leaves) of 915 millimeters
(approximately 36 inches) in length.
(7) Any tree or shrub of a type not listed above, other than an
artificially dwarf plant meeting the conditions in Sec. 319.37-5(q),
and:
(i) Exceeding 2 years of age if grown from seeds or cuttings; or
(ii) Exceeding 1 year of age after severance from the parent plant
if produced by layers; or
(iii) Having more than 2 years' growth from the bud or graft if
produced by budding or grafting.
(c) Any article listed as a prohibited article in paragraph (a) or
(b) of this section may be imported or offered for entry into the United
States if:
(1) Imported by the United States Department of Agriculture for
experimental or scientific purposes;
(2) Imported at the Plant Germplasm Quarantine Center, Building 320,
Beltsville Agricultural Research Center East, Beltsville, MD 20705 or at
a port of entry designated by an asterisk in Sec. 319.37-14(b);
(3) Imported pursuant to a Departmental permit issued for such
article and kept on file at the port of entry;
(4) Imported under conditions specified on the Departmental permit
and found by the Deputy Administrator to be adequate to prevent the
introduction into the United States of plant pests, i.e., conditions of
treatment, processing, growing, shipment, disposal; and
(5) Imported with a Departmental tag or label securely attached to
the outside of the container containing the article or securely attached
to the article itself if not in a container, and with such tag or label
bearing a Departmental permit number corresponding to the number of the
Departmental permit issued for such article.
[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 56
FR 19790, Apr. 30, 1991; 57 FR 334, Jan. 6, 1992; 57 FR 43145, 43147,
43148, Sept. 18, 1992; 59 FR 9918, Mar. 2 1994; 59 FR 44610, Aug. 30,
1994; 60 FR 8924, Feb. 16, 1995; 62 FR 50238, Sept. 25, 1997; 63 FR
13485, Mar. 20, 1998; 67 FR 53730, Aug. 19, 2002]
[[Page 241]]
Sec. 319.37-3 Permits.
(a) The restricted articles (other than articles for food,
analytical, medicinal, or manufacturing purposes) in any of the
following categories may be imported or offered for importation into the
United States only after issuance of a written permit by the Plant
Protection and Quarantine Programs:
(1) Articles subject to treatment and other requirements of
Sec. 319.37-6;
(2) Articles subject to the postentry quarantine conditions of
Sec. 319.37-7;
(3) Bulbs of Allium sativum spp. (garlic), Crocosmia spp.
(montebretia), Gladiolus spp. (gladiolus), and Watsonia spp. (bugle
lily) from New Zealand;
(4) Articles of Cocos nucifera (coconut); and articles (except
seeds) of Dianthus spp. (carnation, sweet-william) from any country or
locality except Canada;
(5) Lots of 13 or more articles (other than seeds, bulbs, or sterile
cultures of orchid plants) from any country or locality except Canada;
(6) Seeds of trees or shrubs from any country or locality except
Canada;
(7) Articles (except seeds) of Malus spp. (apple, crabapple), Pyrus
spp. (pear), Prunus spp. (almond, apricot, cherry, cherry laurel,
English laurel, nectarine, peach, plum, prune), Cydonia spp. (quince),
Chaenomeles spp. (flowering quince), and Rubus spp. (cloudberry,
blackberry, boysenberry, dewberry, loganberry, raspberry), from Canada;
(8) Articles (except seeds) of Castanea spp. (chestnut) or
Castanopsis spp. (chinquapin) destined to California or Oregon;
(9) Articles (except seeds) of Pinus spp. (pine), (5-leaved)
destined to Wisconsin;
(10) Articles of Ribes spp. (currant, gooseberry), (including seeds)
destined to Massachusetts, New York, West Virginia, or Wisconsin;
(11) Articles (except seeds) of Planera spp. (water elm, planer) or
Zelkova spp. from Europe, Canada, St. Pierre Island, or Miquelon Island
and destined to California, Nevada, or Oregon;
(12) Seeds of Prunus spp. (almond, apricot, cherry, cherry laurel,
English laurel, nectarine, peach, plum, prune) from Canada and destined
to Colorado, Michigan, New York, Washington, or West Virginia;
(13) Articles (except seeds) of Vitis spp. (grape) from Canada and
destined to California, New York, Ohio, Oregon, and Washington;
(14) Articles (except seeds) of Corylus spp. (filbert, hazel,
hazelnut, cobnut) from provinces east of Manitoba in Canada and destined
to Oregon or Washington;
(15) Articles (except seeds) of Pinus spp. (pine) from Canada and
destined to California, Idaho, Montana, Oregon, or Utah; and
(16) Articles (except seeds) of Ulmus spp. (elm) from Canada and
destined to California, Nevada, or Oregon.
(17) Solanum tuberosum true seed from New Zealand and the X Region
of Chile (that area of Chile between 39 deg. and 44 deg. South latitude-
-see Sec. 319.37-5(o)).
(b) An application for a written permit should be submitted to the
Plant Protection and Quarantine Programs (Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Port Operations,
Permit Unit, 4700 River Road Unit 136, Riverdale, Maryland 20737-1236)
at least 30 days prior to arrival of the article at the port of entry.
The completed application shall include the following information: \4\
---------------------------------------------------------------------------
\4\ Application forms are available without charge from the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale,
Maryland 20737-1236, local offices which are listed in telephone
directories.
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(1) Name, address, and telephone number of the importer;
(2) Approximate quantity and kinds (botanical designations) of
articles intended to be imported;
(3) Country(ies) or locality(ies) where grown;
(4) Intended United States port of entry;
(5) Means of transportation, e.g., mail, airmail, express, air
express, freight, airfreight, or baggage; and
(6) Expected date of arrival.
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles
[[Page 242]]
are deemed eligible to be imported into the United States under the
conditions specified in the permit. However, even if such a permit is
issued, the regulated article may be imported only if all applicable
requirements of this subpart are met and only if an inspector at the
port of entry determines that no remedial measures pursuant to the Plant
Protection Act are necessary with respect to the regulated article.\5\
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\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(d) Any permit which has been issued may be withdrawn by an
inspector or the Deputy Administrator if he/she determines that the
holder thereof has not complied with any condition for the use of the
document. The reasons for the withdrawal shall be confirmed in writing
as promptly as circumstances permit. Any person whose permit has been
withdrawn may appeal the decision in writing to the Deputy Administrator
within ten (10) days after receiving the written notification of the
withdrawal. The appeal shall state all of the facts and reasons upon
which the person relies to show that the permit was wrongfully
withdrawn. The Deputy Administrator shall grant or deny the appeal, in
writing, stating the reasons for the decision as promptly as
circumstances permit. If there is a conflict as to any material fact, a
hearing shall be held to resolve such conflict.
(e) Any restricted article not designated in paragraph (a) of this
section may be imported or offered for importation into the United
States only after issuance of an oral permit for importation issued by
an inspector at the port of entry.
(f) An oral permit for importation of an article shall be issued at
a port of entry by an inspector only if all applicable requirements of
this subpart are met, such article is eligible to be imported under an
oral permit, and an inspector at the port of entry determines that no
measures pursuant to section 414 of the Plant Protection Act (7 U.S.C.
7714) are necessary with respect to such article.\5\
(Approved by the Office of Management and Budget under control number
0579-0049)
[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983; 57
FR 43148, Sept. 18, 1992; 59 FR 67610, Dec. 30, 1994; 60 FR 8924, Feb.
16, 1995; 66 FR 21055, Apr. 27, 2001]
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates of inspection.
(a) Phytosanitary certificates of inspection. Any restricted article
offered for importation into the United States must be accompanied by a
phytosanitary certificate of inspection or, in the case of greenhouse-
grown plants from Canada imported in accordance with paragraph (c) of
this section, a certificate of inspection in the form of a label in
accordance with paragraph (c)(1)(iv) of this section attached to each
carton of the articles and to an airway bill, bill of lading, or
delivery ticket accompanying the articles.
(b) Inspection and treatment. Any restricted article may be sampled
and inspected by an inspector at the port of first arrival and/or under
preclearance inspection arrangements in the country in which the article
was grown, and must undergo any treatment contained in the Plant
Protection and Quarantine Treatment Manual \6\ that is ordered by the
inspector. Any restricted article found upon inspection to contain or be
contaminated with plant pests, that cannot be eliminated by treatment,
shall be denied entry at the first United States port of arrival.
---------------------------------------------------------------------------
\6\ The Plant Protection and Quarantine Manual is incorporated by
reference at Sec. 300.1 of this chapter.
---------------------------------------------------------------------------
(c) Greenhouse-grown plants from Canada. A greenhouse-grown
restricted plant may be imported from Canada if the Plant Protection
Division of Agriculture Canada signs a written agreement with the Animal
and Plant Health Inspection Service allowing such importation if the
following conditions are met:
(1) The Plant Protection Division of Agriculture Canada shall:
(i) Eliminate individual inspections and phytosanitary certification
of each
[[Page 243]]
shipment of articles exported in accordance with this section;
(ii) Enter into written agreements with, and assign a unique
identification number to, each greenhouse grower participating in the
greenhouse program;
(iii) Inspect greenhouses and the plants being grown in them using
inspection methods and schedules approved by Plant Protection and
Quarantine to ensure that the criteria of this subsection are met;
(iv) Issue labels to each grower participating in the program. The
labels issued to each grower shall bear a unique number identifying that
grower, and shall bear the following statement: ``This shipment of
greenhouse-grown plants meets the import requirements of the United
States, and is believed to be free from injurious plant pests. Issued by
Plant Protection Division, Agriculture Canada.'' The Plant Protection
Division, Agriculture Canada shall also ensure that the label is placed
on the outside of each container of articles exported under the
agreement and that the grower's label is placed on an airway bill, bill
of lading, or delivery ticket accompanying each shipment of articles;
and
(v) Ensure that only plants that are not excluded shipment by the
criteria of this subsection are shipped.
(2) Each greenhouse grower participating in the program shall enter
into an agreement with the Plant Protection Division of Agriculture
Canada in which the grower agrees to:
(i) Maintain records of the kinds and quantities of plants grown in
their greenhouses, including the date of receipt and place of origin of
the plants, keep the records for at least one year after the plants are
shipped to the United States, and make the records available for review
and copying upon request by either the Plant Protection Division of
Agriculture Canada or an authorized representative of the Secretary of
Agriculture.
(ii) Apply to the outside of each carton of plants grown in
accordance with this subsection, so as to be readily visible to
inspectors and customs officials, and to an airway bill, bill of lading,
or delivery ticket for plants to be shipped to the United States, a
label issued by Agriculture Canada including the identification number
assigned to the grower by the Plant Protection Division of Agriculture
Canada and the following certification statement: ``This shipment of
greenhouse grown plants meets the import requirements of the United
States, and is believed to be free from injurious plant pests. Issued by
Plant Protection Division, Agriculture Canada.''
(iii) Apply labels in accordance with paragraph (c)(2)(ii) of this
section solely to cartons of plants that meet requirements of this
chapter for import of these plants from Canada into the United States;
and
(iv) Use pest control practices approved by Plant Protection and
Quarantine and the Plant Protection Division of Agriculture Canada to
exclude pests from the greenhouses.
[57 FR 43148, Sept. 18, 1992, as amended at 67 FR 8465, Feb. 25, 2002]
Sec. 319.37-5 Special foreign inspection and certification requirements.
(a) Any restricted article (except seeds; unrooted cuttings;
articles collected from the wild; and articles solely for food,
analytical, or manufacturing purposes) from a country listed below, at
the time of arrival at the port of first arrival in the United States
shall be accompanied by a phytosanitary certificate of inspection which
shall contain an accurate additional declaration that such article was
grown on land which has been sampled and microscopically inspected by
the plant protection service of the country in which grown within 12
months preceding issuance of the certificate and found free from potato
cyst nematodes, Globodera rostochiensis (Woll.) Behrens and G. pallida
(Stone) Behrens:
Algeria, Argentina, Australia, Austria, Azores, Belgium, Bolivia,
Bulgaria, Canada (only that portion comprising Newfoundland, and the
Land District of South Saanich on Vancouver Island in British Columbia),
Channel Islands, Chile, Colombia, Costa Rica, Crete, Cyprus,
Czechoslovakia, Denmark (including Faeroe Islands), Ecuador, Egypt,
Federal Republic of Germany (West), Finland, France, German Democratic
Republic (East), Great Britain, Greece, Guernsey, Hungary, Iceland,
India, Ireland, Italy,
[[Page 244]]
Japan, Jersey, Jordan, Lebanon, Luxembourg, Malta, Mexico, Morocco, The
Netherlands, New Zealand, Northern Ireland, Norway, Pakistan, Panama,
Peru, the Philippines, Poland, Portugal, South Africa, Spain (including
Canary Islands), Sweden, Switzerland, Tunisia, Union of Soviet Socialist
Republics, Venezuela, and Yugoslavia.
(b) (1) Any of the following restricted articles (except seeds) at
the time of arrival at the port of first arrival in the United States
must be accompanied by a phytosanitary certificate of inspection which
contains an additional declaration that the article was grown in a
nursery in Belgium, Canada, Federal Republic of Germany, France, Great
Britain, or The Netherlands and that the article was found by the plant
protection service of the country in which the article was grown to be
free of the following injurious plant diseases listed in paragraph
(b)(3) of this section: For Chaenomeles spp. (flowering quince) and
Cydonia spp. (quince), diseases (i), (ii), (iv), (xviii), (xix), (xx),
and (xxi); for Malus spp. (apple, crabapple), diseases (i), (ii), (iii),
(vi), (vii), (xxii), and (xxiii); for Prunus spp. (almond, apricot,
cherry, cherry laurel, English laurel, nectarine, peach, plum, prune),
diseases (i), (ix) through (xvii), and (xxii); and for Pyrus spp.
(pear), diseases (i), (ii), (iv), (v), (xviii), (xix), (xx), (xxi) and
(xxii); and for Vitis spp. (grape) from Canada, diseases (xiv) through
(xvii) and (xxiv) through (xliii). The determination by the plant
protection service that the article is free of these diseases will be
based on visual examination and indexing of the parent stock of the
article and inspection of the nursery where the restricted article is
grown to determine that the nursery is free of the specified diseases.
An accurate additional declaration on the phytosanitary certificate of
inspection by the plant protection service that a disease does not occur
in the country in which the article was grown may be used in lieu of
visual examination and indexing of the parent stock for that disease and
inspection of the nursery.
(2) Species of Prunus not immune to plum pox virus (species other
than P. avium, P. cerasus, P. effusa, P. laurocerasus, P. mahaleb, P.
padus, P. sargentii, P. serotina, P. serrula, P. serrulata, P.
subhirtella, P. yedoensis, and P. virginiana) and grown in Belgium,
France, Germany, Great Britain, or The Netherlands shall be certified
only from the government operated nurseries (research stations) where
the certified plants were grown and the original parent stock is indexed
for the appropriate national fruit tree certification program.
(3) List of diseases.
(i) Monilinia fructigena (Aderh. & Ruhl.) Honey (Brown rot of
fruit).
(ii) Guignardia piricola (Nose) Yamomoto (Leaf, branch, and fruit
disease).
(iii) Apple proliferation agent.
(iv) Pear blister canker virus.
(v) Pear bud drop virus.
(vi) Diaporthe mali Bres. (Leaf, branch & fruit fungus).
(vii) Apple green crinkle virus.
(viii) Apple chat fruit virus.
(ix) Plum pox (=Sharka) virus.
(x) Cherry leaf roll virus.
(xi) Cherry rusty mottle (European) agent.
(xii) Apricot chlorotic leaf roll agent.
(xiii) Plum bark split virus.
(xiv) Arabis mosaic virus and its strains.
(xv) Raspberry ringspot virus and its strains.
(xvi) Tomato blackring virus and its strains.
(xvii) Strawberry latent ringspot virus and its strains.
(xviii) Quince sooty ringspot agent.
(xix) Quince yellow blotch agent.
(xx) Quince stunt agent.
(xxi) Gymnosporangium asiaticum Miyabe ex. Yamada (Rust).
(xxii)Valsa mali Miyabe and Yamada ex. Miura (Branch canker fungus).
(xxiii) Apple ringspot virus.
(xxiv) The following nematode transmitted viruses of the polyhedral
type: Artichoke Italian latent virus, Grapevine Bulgarian latent virus,
Grapevine fanleaf virus and its strains, and Hungarian chrome mosaic
virus.
(xxv) Grapevine asteroid mosaic agent.
(xxvi) Grapevine Bratislava mosaic virus.
(xxvii) Grapevine chasselas latent agent.
(xxviii) Grapevine corky bark ``Legno riccio'' agent.
(xxix) Grapevine leaf roll agent.
[[Page 245]]
(xxx) Grapevine little leaf agent.
(xxxi) Grapevine stem pitting agent.
(xxxii) Grapevine vein mosaic agent.
(xxxiii) Grapevine vein necrosis agent.
(xxxiv) Flavescence-doree agent.
(xxxv) Black wood agent (bois-noir).
(xxxvi) Grapevine infectious necrosis bacterium.
(xxxvii) Grapevine yellows disease bacterium.
(xxxviii) Xanthomonas ampelina Panagopoulas.
(xxxix) Peyronellaea glomerata Ciferri.
(xl) Pseudopeziza tracheiphila Muller-Thur-gau.
(xli) Rhacodiella vitis Sterenberg.
(xlii) Rosellinia necratrix Prill.
(xliii) Septoria melanosa (Vialla and Ravav) Elenk.
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum) or Dendranthema spp. (chrysanthemum) from any foreign
place except Europe, Argentina, Brazil, Canada, Canary Islands, Chile,
Colombia, Republic of South Africa, Uruguay, Venezuela, and all
countries and localities located in part or entirely between 90 deg. and
180 deg. East longitude shall at the time of arrival at the port of
first arrival in United States be accompanied by a phytosanitary
certificate of inspection containing an accurate additional declaration
that such articles was grown in a greenhouse nursery and found by the
plant protection service of the country in which grown to be free from
white rust disease (caused by the rust fungus, Puccinia horiana P.
Henn.) based on visual examination of the parent stock, of the articles
for importation, and of the greenhouse nursery in which the articles for
importation and the parent stock are grown, once a month for 4
consecutive months immediately prior to importation.
(d) Any restricted article (except seeds) of Dianthus spp.
(carnation, sweet-william) from Great Britain shall be grown under
postentry quarantine conditions specified in Sec. 319.37-7(c) unless at
the time of arrival at the port of first arrival in the United States
the phytosanitary certificate of inspection accompanying such article
contains an accurate additional declaration that such article was grown
in a greenhouse nursery in Great Britain and found by the plant
protection service of Great Britain to be free from injurious plant
diseases caused by Phialophora cinerescens (Wr.) van Beyma
(=Verticillium cinerescens Wr.), carnation etched ring virus, carnation
``streak'' virus, and carnation ``fleck'' virus, based on visual
examination of the parent stock, of the articles for importation, and of
the greenhouse nursery in which the articles for importation and the
parent stock are grown, once a month for 4 consecutive months
immediately prior to importation, and based on indexing of the parent
stock.
(e) Any restricted article (except seeds) of Rubus spp. (cloudberry,
blackberry, boysenberry, dewberry, loganberry, raspberry) from Canada,
shall be grown under postentry quarantine conditions specified in
Sec. 319.37-7 unless at the time of arrival at the port of first arrival
in the United States the phytosanitary certificate of inspection
accompanying such article contains an accurate additional declaration
that such article was found by the plant protection service of Canada to
be free of Rubus stunt agent based on visual examination and indexing of
the parent stock.\7\
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\7\ Such testing is done under a Raspberry Plant Certification
Program of Canada.
---------------------------------------------------------------------------
(f) Any restricted article (except seeds) of Rubus spp. (cloudberry,
blackberry, boysenberry, dewberry, loganberry, raspberry) from Europe at
the time of arrival at the port of first arrival in the United States
shall be accompanied by a phytosanitary certificate of inspection which
shall contain an accurate additional declaration that such article was
found by the plant protection service of the country of origin to be
free of Rubus stunt agent based on visual examination and indexing of
the parent stock.
(g) Any seed of Cocos nucifera (coconut) at the time of arrival at
the port of first arrival in the United States shall be accompanied by a
phytosanitary certificate of inspection which shall contain an accurate
additional declaration that such seed was found by the plant protection
service of Costa Rica or of Jamacia to be of Malayan dwarf variety or
Maypan variety (=F1 hybrid, Malayan DwarfxPanama
[[Page 246]]
Tall) (which are resistant to lethal yellowing disease) based on visual
examination of the parent stock.
(h) Any restricted article of Fragaria spp. (strawberry) from Israel
is prohibited as specified in Sec. 319.37-2(a) unless at the time of
arrival at the port of first arrival in the United States the
phytosanitary certificate accompanying the article of Fragaria spp.
contains an additional declaration that stipulates that the parent stock
was found free of red stele disease pathogen as well as any other
damaging strawberry pathogens, based on visual inspection and indexing.
(i) Any restricted article of Syringa spp. (lilac) from the
Netherlands is prohibited as specified in Sec. 319.37-2(a) unless at the
time of arrival at the port of first arrival in the United States the
phytosanitary certificate accompanying the article of Syringa spp.
(lilac) contains an accurate additional declaration that stipulates that
the parent stock was found free of plant diseases by inspection and
indexing and that the Syringa spp. (lilac) to be imported were
propagated either by rooting cuttings from indexed parent plants or by
grafting indexed parent plant material on seedling rootstocks, and were
grown in fumigated soil (fumigated by applying 400 to 870 pounds of
methyl bromide per acre and covering the soil with a tarpaulin for 7
days) in a field at least three meters from the nearest non-indexed
Syringa spp. (lilac).
(j)(1) Seeds of Prunus spp. (almond, apricot, nectarine, peach,
plum, and prune, but not species in the subgenus Cerasus) from Belgium,
France, Federal Republic of Germany, The Netherlands, or Great Britain
shall, at the time of arrival at the port of first arrival in the United
States, be accompanied by a phytosanitary certificate of inspection,
containing accurate additional declarations that:
(i) The seeds are from parent stock grown in a nursery in Belgium,
France, Federal Republic of Germany, The Netherlands, or Great Britain
that is free of plum pox (Sharka) virus; and
(ii) The seeds have been found by the plant protection service of
the country in which grown to be free of plum pox (Sharka) virus based
on the testing of parent stock by visual examination and indexing.
(2) Seeds of Prunus spp. (almond, apricot, nectarine, peach, plum,
and prune, but not species in the subgenus Cerasus), from all countries
except those in Europe, Cyprus, Syria, and Turkey shall, at the time of
arrival at the port of first arrival in the United States, be
accompanied by a phytosanitary certificate of inspection, containing an
accurate additional declaration that plum pox (Sharka) virus does not
occur in the country in which the seeds were grown.
(k) Any restricted article of Feijoa (feijoa, pineapple guava) from
New Zealand shall undergo postentry quarantine in accordance with
Sec. 319.37-7 unless the article, at the time of arrival at the port of
first arrival in the United States, is accompanied by a phytosanitary
certificate of inspection, containing an accurate additional declaration
that New Zealand is free of Monilinia fructigena.
(l) Any restricted article of Gladiolus, Watsonia or Crocosmia spp.
from Luxembourg or Spain shall, at the time of arrival at the port of
first arrival in the United States, be accompanied by a phytosanitary
certificate of inspection, containing accurate additional declarations
that:
(1) The plants were grown in a disease free environment in a
greenhouse;
(2) The plants were subjected to 12 hours of continuous misting per
day with water at 15-20 degrees Celsius on 2 consecutive days; and
(3) The plants were inspected by a plant quarantine official of the
country where grown 20 days after the completion of the misting and were
found free of gladiolus rust.
(m) Any restricted article of Acer palmatum or Acer japonicum from
the Netherlands is prohibited unless the article is accompanied, at the
time of arrival at the port of first arrival in the United States, by a
phytosanitary certificate of inspection, containing an accurate
additional declaration that the article is of a nonvariegated variety of
A. palmatum or A. japonicum.
(n) Any restricted article of Howea spp. (sentry palm) from
Australia or New Zealand, is prohibited as specified
[[Page 247]]
in Sec. 319.37-2(a) unless at the time of arrival at the port of first
arrival in the United States the phytosanitary certificate accompanying
the article of Howea spp. contains both a declaration of origin and a
declaration stipulating that the Howea is free of the lethal yellowing
pathogen and the cadang-cadang pathogen, as well as any other damaging
palm pathogens, based on visual inspection.
(o) Any Solanum tuberosum true seed imported from Chile shall, at
the time of arrival at the port of first arrival in the United States,
be accompanied by a phytosanitary certificate of inspection issued in
Chile by the Servicio Agricola y Ganadero (SAG), containing additional
declarations that:
(1) The Solanum spp. true seed was produced by Solanum plants that
were propagated from plantlets from the United States;
(2) The Solanum plants that produced the Solanum tuberosum true seed
were grown in the Tenth (X) Region of Chile (that area of the country
between 39 deg. and 44 deg. South latitude); and
(3) Solanum tuberosum tubers, plants, and true seed from each field
in which the Solanum plants that produced the Solanum tuberosum true
seed were grown have been sampled by SAG once per growing season at a
rate to detect 1 percent contamination with a 99 percent confidence
level (500 tubers/500 plants/500 true seeds per 1 hectare/2.5 acres),
and that the samples have been analyzed by SAG using an enzyme-linked
immunosorbent assay (ELISA) test or nucleic acid spot hybridization
(NASH) non-reagent test, with negative results, for Andean Potato Latent
Virus, Arracacha Virus B, Potato Virus T, the Andean Potato Calico
Strain of Tobacco Ringspot Virus, and Potato Yellowing Virus.
(p) In addition to meeting the requirements of this subpart, any
trees with roots and any shrubs with roots and persistent woody stems,
unless greenhouse-grown throughout the year, that are imported from
Canada will be subject to the inspection and certification requirements
for gypsy moth in Sec. 319.77-4 of this part.
(q) Any artificially dwarfed plant imported into the United States
must have been grown and handled in accordance with the requirements of
this paragraph and must be accompanied by a phytosanitary certificate of
inspection that was issued by the government of the country where the
plants were grown.
(1) Any growing media, including soil, must be removed from the
artificially dwarfed plants prior to shipment to the United States
unless the plants are to be imported in accordance with Sec. 319.37-8.
(2) The artificially dwarfed plants must be grown in accordance with
the following requirements and the phytosanitary certificate required by
this paragraph must contain declarations that those requirements have
been met:
(i) The artificially dwarfed plants must be grown for at least 2
years in a greenhouse or screenhouse in a nursery registered with the
government of the country where the plants were grown;
(ii) The greenhouse or screenhouse in which the artificially dwarfed
plants are grown must have screening with openings of not more than 1.6
mm on all vents and openings, and all entryways must be equipped with
automatic closing doors;
(iii) The artificially dwarfed plants must be grown in pots
containing only sterile growing media during the 2-year period when they
are grown in a greenhouse or screenhouse in a registered nursery;
(iv) The artificially dwarfed plants must be grown on benches at
least 50 cm above the ground during the 2-year period when they are
grown in a greenhouse or screenhouse in a registered nursery; and
(v) The plants and the greenhouse or screenhouse and nursery where
they are grown must be inspected for any evidence of pests and found
free of pests of quarantine significance to the United States at least
once every 12 months by the plant protection service
[[Page 248]]
of the country where the plants are grown.
(Approved by the Office of Management and Budget under control number
0579-0176)
[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45
FR 53450, Aug. 12, 1980; 45 FR 81531, Dec. 11, 1980; 48 FR 57466, Dec.
30, 1983; 57 FR 43148, 43149, Sept. 18, 1992; 59 FR 44610, Aug. 30,
1994; 60 FR 4530, Jan. 24, 1995; 60 FR 8924, Feb. 16, 1995; 61 FR 51210,
Oct. 1, 1996; 64 FR 45866, Aug. 23, 1999; 67 FR 53731, Aug. 19, 2002]
Sec. 319.37-6 Specific treatment and other requirements.
(a) Seeds of Hibiscus spp. (hibiscus, rose mallow) and seeds of
Abelmoschus spp. (okra), from any foreign country or locality, at the
time of importation into the United States, shall be treated for
possible infestation with Pectinophora gossypiella (Saunders) (pink
bollworm) in accordance with the applicable provisions of the Plant
Protection and Quarantine Treatment Manual.\8\
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\8\ See footnote 6 in Sec. 319.37-4.
---------------------------------------------------------------------------
(b) Seeds of Lathyrus spp. (sweet pea, peavine); Lens spp. (lentil);
and Vicia spp. (fava bean, vetch) from countries and localities other
than those in North America and Central America, at the time of
importation into the United States, shall be treated for possible
infestation with insects of the family Bruchidae in accordance with the
applicable provisions of the Plant Protection and Quarantine Treatment
Manual.
(c) Bulbs of Allium sativum (garlic) from Algeria, Austria,
Czechoslovakia, Egypt, France, Greece, Hungary, Iran, Israel, Italy,
Morocco, Portugal, Republic of South Africa, Spain, Switzerland, Syria,
Turkey, Union of Soviet Socialist Republics, Federal Republic of Germany
(West), or Yugoslavia at the time of importation into the United States
shall be treated for possible infestation with Brachycerus spp. and
Dyspessa ulula (Bkh.) in accordance with the applicable provisions of
the Plant Protection and Quarantine Treatment Manual.
(d) Seeds of Guizotia abyssinica (niger seed) from any foreign
place, at the time of arrival at the port of first arrival, shall be
heat treated for possible infestation with Cuscuta spp. in accordance
with the applicable provisions of the Plant Protection and Quarantine
Treatment Manual.
(e) Seeds of all species of the plant family Rutaceae from
Afghanistan, Andaman Islands, Argentina, Bangladesh, Brazil, Burma,
Caroline Islands, Comoro Islands, Fiji Islands, Home Island in Cocos
(Keeling) Islands, Hong Kong, India, Indonesia, Ivory Coast, Japan,
Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Nepal,
Oman, Pakistan, Papua New Guinea, Paraguay, Peoples Republic of China,
Philippines, Reunion Island, Rodriquez Islands, Ryukyu Islands, Saudi
Arabia, Seychelles, Sri Lanka, Taiwan, Thailand, Thursday Island, United
Arab Emirates, Uruguay, Vietnam, Yemen (Sanaa), and Zaire, at the time
of arrival at the port of first arrival in the United States shall be
treated for possible infection with citrus canker by being immersed in
water at 125 deg.F (51.6 deg.C) or higher for 10 minutes, and then
immersed for a period of at least 2 minutes in a solution containing 200
parts per million sodium hypochlorite at a pH of 6.0 to 7.5.
(f) Seeds of Castanea and Quercus from all countries except Canada
and Mexico at the time of arrival at the port of first arrival in the
United States shall be treated for possible infestation with Curculio
elephas (Cyllenhal), C. nucum L., Cydia (Laspeyresia) splendana Hubner,
Pammene fusciana L. (Hemimene juliana (Curtis)) and other insect pests
of chestnut and acorn in accordance with the applicable provisions of
the Plant Protection and Quarantine Treatment Manual.
[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45
FR 49504, July 25, 1980; 57 FR 43148, 43150, Sept. 18, 1992; 60 FR
62320, Dec. 6, 1995; 61 FR 51210, Oct. 1, 1996]
Sec. 319.37-7 Postentry quarantine.
(a) The following restricted articles, from the designated countries
and localities, and any increase therefrom must be grown under postentry
quarantine conditions specified in paragraphs (c) and (d) of this
section, and may be imported or offered for importation into the United
States only:
[[Page 249]]
(1) If destined for a State that has completed a State postentry
quarantine agreement in accordance with paragraph (c) of this section;
(2) If a postentry quarantine growing agreement has been completed
and submitted to Plant Protection and Quarantine in accordance with
paragraph (d) of this section. The agreement must be signed by the
person (the importer) applying for a written permit for importation of
the article in accordance with Sec. 319.37-3; and,
(3) If Plant Protection and Quarantine has determined that the
completed postentry quarantine growing agreement fulfills the applicable
requirements of this section and that services by State inspectors are
available to monitor and enforce the postentry quarantine:
------------------------------------------------------------------------
Foreign Country(ies) or
Restricted Article (excluding seeds) Locality(ies) from which
imported
------------------------------------------------------------------------
Abelmoschus spp. (okra)................... All except Africa,
Bangladesh, Brazil, Canada,
India, Iraq, Papua New
Guinea, Sri Lanka, and
Trinidad and Tobago.
Acacia spp. (acacia)...................... All except Australia,
Canada, and Oceania.
Acer spp. (maple)......................... All except Canada, Europe,
and Japan.
Actinidia spp. (Chinese gooseberry, kiwi). All except Australia,
Canada, Japan, New Zealand,
and Taiwan.
Aesculus spp. (horsechestnut)............. All except Canada,
Czechoslovakia, Federal
Republic of Germany,
Romania, and the United
Kingdom.
Althaea spp. (althaea, hollyhock)......... All except Africa,
Bangladesh, Canada, India,
and Sri Lanka.
Berberis spp. (barberry) destined to any All.
State except the eradication States
listed in Sec. 301.38-2a of this chapter
(plants of all species and horticultural
varieties designated as resistant to
black stem rust in accordance with Sec.
301.38-1 of this chapter).
Blighia sapida (akee)..................... All except Canada, Ivory
Coast, and Nigeria.
Bromeliaceae (bromeliads) destined to All.
Hawaii.
Cedrus spp. (cedar)....................... All except Canada and
Europe.
Chaenomeles spp. (flowering quince) Countries listed in Sec.
meeting the conditions for importation in 319.37-5(b) except Canada.
Sec. 319.37-5(b).
Chrysanthemum spp. (chrysanthemum) meeting All except Argentina,
the conditions in Sec. 319.37-5(c). Brazil, Canada, Canary
Islands, Chile, Colombia,
Europe, Republic of South
Africa, Uruguay, Venezuela,
and all countries,
territories, and
possessions of countries
located in part or entirely
between 90 deg. and 180
deg. East longitude.
Crataegus monogyna Jacq. (hawthorne, Europe.
thorneapple, red haw).
Crocosmia spp. (montebretia) (except All except Africa,
bulbs) not meeting the conditions for Argentina, Brazil, Canada,
importation in Sec. 319.37-5(l). France, Italy, Luxembourg,
Malta, Mauritius, Portugal,
Spain, and Uruguay.
Cydonia spp. (quince) meeting the Countries listed in Sec.
conditions for importation in Sec. 319.37-5(b) except Canada.
319.37-5(b).
Datura spp................................ All except Canada, Colombia
and India.
Dendranthema spp. (chrysanthemum) meeting All except Argentina,
the conditions in Sec. 319.37-5(c). Brazil, Canada, Canary
Islands, Chile, Colombia,
Europe, Republic of South
Africa, Uruguay, Venezuela,
and all countries,
territories, and
possessions of countries
located in part or entirely
between 90 deg. and 180
deg. East longitude.
Dianthus spp. (carnation, sweet-william).. Great Britain, unless
exempted from postentry
quarantine conditions
pursuant to Sec. 319.37-
5(d), and all other
countries and localities
except Canada.
Eucalyptus spp............................ All except Canada, Europe,
Sri Lanka, and Uruguay.
Euonymus spp. (euonymus).................. All except Canada, Japan,
and Europe.
Fragaria spp. (strawberry)................ All except Australia,
Austria, Canada,
Czechoslovakia, France,
Great Britain, Italy,
Japan, Lebanon, The
Netherlands, New Zealand,
Northern Ireland, Republic
of Ireland, Switzerland,
and Union of Soviet
Socialist Republics.
Fraxinus spp (ash)........................ All except Canada and
Europe.
Fruit and nut articles listed by common All except Canada.
name in paragraph (b) of this section.
Gladiolus spp. (gladiolus) (except bulbs) All except Africa,
not meeting the condition for importation Argentina, Brazil, Canada,
in Sec. 319.37-5(l). France, Italy, Luxembourg,
Malta, Mauritius, Portugal,
Spain, and Uruguay.
Hibiscus spp. (kenaf, hibiscus, rose All except Africa, Brazil,
mallow). Canada, and India.
Humulus spp. (hops)....................... All.
Hydrangea spp. (hydrangea)................ All except Canada and Japan.
Jasminum spp. (jasmine)................... All except Canada, Belgium,
Federal Republic of
Germany, Great Britain,
India, and the Philippines.
Juniperus spp. (juniper).................. All except Canada and
Europe.
Larix spp. (larch)........................ All except Canada, Japan,
and Europe.
[[Page 250]]
Ligustrum spp. (privet)................... All except Canada and
Europe.
Mahoberberis spp. destined to any State All.
except the eradication States listed in
Sec. 301.38-2a of this chapter (plants
of all species and horticultural
varieties designated as resistant to
black stem rust in accordance with Sec.
301.38-1 of this chapter).
Mahonia spp. (mahonia) destined to any All.
State except the eradication States
listed in Sec. 301.38-2a of this chapter
(plants of all species and horticultural
varieties designated as resistant to
black stem rust in accordance with Sec.
301.38-1 of this chapter).
Malus spp. (apple, crabapple) meeting the Countries listed in Sec.
conditions for importation in Sec. 319.37-5(b) except Canada.
319.37-5(b).
Mespilus germanica (medlar)............... Countries listed in Sec.
319.37-5(b) except Canada.
Morus spp. (mulberry)..................... All except Canada, India,
Japan, Korea, People's
Republic of China,
Thailand, and the
geographic area formerly
known as the Union of
Soviet Socialist Republics.
Nut and fruit articles (see fruit and nut
articles).
Passiflora spp. (passion fruit, All except Canada.
granadilla).
Philadelphus spp. (mock orange)........... All except Canada and
Europe.
Picea spp. (spruce)....................... All except Canada, Europe,
Japan, and Siberia.
Pinus spp. (pine) (2-or-3 leaved)......... All except Canada, Europe,
and Japan.
Populus spp. (aspen, cottonwood, poplar).. All except Canada and
Europe.
Prunus spp. (almond, apricot, cherry, Countries listed in Sec.
cherry laurel, English laurel, nectarine, 319.37-5(b) except Canada.
peach, plum, prune) meeting the
conditions for importation in Sec.
319.37-5(b).
Pseudolarix spp. (golden larch)........... All except Canada, Japan,
and Europe.
Pseudotsuga spp. (Douglas fir)............ All except Canada and
Europe.
Pyrus spp. (pear) meeting the conditions Countries listed in Sec.
for importation in Sec. 319.37-5(b). 319.37-5(b) except Canada.
Quercus spp. (oak)........................ All except Canada and Japan.
Ribes spp. (currant, gooseberry).......... All except Canada and
Europe.
Rosa spp. (rose).......................... All except Australia,
Bulgaria, Canada, Italy,
and New Zealand.
Rubus spp. (cloudberry, blackberry, All unless exempted from
boysenberry, dewberry, loganberry, postentry quarantine
raspberry). conditions pursuant to Sec.
319.37-5(e).
Salix spp. (willow)....................... Europe except Federal
Republic of Germany (West),
German Democratic Republic
(East), Great Britain, and
The Netherlands.
Sorbus spp. (mountain ash)................ All except Canada,
Czechoslovakia, Denmark,
and Federal Republic of
Germany.
Syringa spp. (lilac)...................... The Netherlands, if the
articles meet the
conditions for importation
in Sec. 319.37-5(i), and
all other places except
Canada and Europe.
Ulmus spp. (elm).......................... All except Canada and
Europe.
Watsonia spp. (bugle lily) (except bulbs) All except Africa,
not meeting the conditions for Argentina, Brazil, Canada,
importation in Sec. 319.37-5(l). France, Italy, Luxembourg,
Malta, Mauritius, Portugal,
Spain, and Uruguay.
------------------------------------------------------------------------
(b) Fruit and nut articles (common names are listed after scientific
names).
Achras--(Synonym for Manilkara)
Annona-- custard apple, cherimoya, sweetsop, sugarapple, soursop,
bullock's heart, alligator apple, suncoya, ilama, guanabana, pond apple
Anacardium-- cashew
Artocarpus-- breadfruit, jackfruit
Averrhoa-- carambola
Carica-- papaya, pawpaw
Carissa-- natal plum
Ceratonia-- St. Johnsbread
Chrysobalanus-- coco plum
Chrysophyllum-- starapple
Corylus-- filbert, hazel, hazelnut, cobnut
Crataegus-- hawthorne
Diospyros-- persimmon, kaki, mabola
Durio-- durian
Eriobotrya-- loquat, Japanese medlar, Japanese plum
Euphoria-- longan
Eugenia-- roseapple, Malayapple, Curacaoapple
Feijoa-- feijoa, pineapple guava (except from New Zealand if accompanied
by a phytosanitary certificate of inspection in accordance with
Sec. 319.37-5(k))
Ficus-- fig
Garcinia-- mangosteen, gourka
Juglans-- walnut, butternut, heartnut, regranut, buartnut
Lansium-- langsat
Litchi-- lychee, leechee
Macadamia-- macadamia nut, queensland nut
Malpighia-- Barbados cherry
Mammea-- mammeapple, mamey
Mangifera-- mango
Manilkara-- sapodilla
[[Page 251]]
Melicoccus-- honeyberry, mamoncilla, spanish lime, genip
Nephelium-- rambutan, pulasan
Olea-- olive
Persea-- avocado, alligator pear
Phoenix-- date
Phyllanthus-- otaheite-gooseberry
Pistacia-- pistachio
Psidium-- guava, guayala
Punica-- pomegranate, granada
Pyronia-- quinpear
Rhodomyrtus-- hill gooseberry, rose myrtle
Spondias-- yellow mombin, red mombin, hog plum
Syzygium-- Malayapple, rose apple, java plum
Vaccinium-- blueberry, cranberry
Ziziphus-- jujube
(c) State Postentry quarantine agreement. (1) Articles required to
undergo postentry quarantine in accordance with this section may only be
imported if destined for postentry quarantine growing in a State which
has entered into a written agreement with the Animal and Plant Health
Inspection Service, signed by the Administrator or his or her designee
and by the State Plant Regulatory Official. In accordance with the laws
of individual States, inspection and other postentry quarantine services
provided by a State may be subject to charges imposed by the State.
(i) The following States have entered into a postentry quarantine
agreement in accordance with this paragraph:
[Reserved]
(2) In any such written agreement, the State shall agree to:
(i) Establish State regulations and requirements prior to the
effective date of the agreement and enforce such regulations and
requirements necessary to inspect sites and plants growing in postentry
quarantine and to monitor and enforce compliance with postentry
quarantine growing in accordance with this section;
(ii) Review pending permit applications for articles to be grown
under postentry quarantine conditions in the State, upon request of
Plant Protection and Quarantine, and report to the Postentry Quarantine
Unit of Plant Protection and Quarantine whether the State would be able
to provide inspection and monitoring services for the proposed postentry
quarantine;
(iii) Provide the services of State inspectors to: inspect sites to
be used for postentry quarantine; report to the Postentry Quarantine
Unit of Plant Protection and Quarantine whether the site is of adequate
size to contain the number of plants proposed for importation, including
potential increase if increase is allowed; inspect plants for evidence
of exotic pests at least once during the first year and once during the
second year for plants required to be grown in postentry quarantine for
2 years, and at least once for plants required to be grown in quarantine
for less than 2 years; and monitor and enforce compliance with the
requirements of this section during the use of the sites for postentry
quarantine;
(iv) Report to the Postentry Quarantine Unit of Plant Protection and
Quarantine any evidence of plant pests that are now know to exist in the
United States and that are found at a postentry quarantine site by State
inspectors; recommend to Plant Protection and Quarantine safeguards or
mitigation measures to control the pests; and supervise the application
of safeguards or mitigation measures approved by Plant Protection and
Quarantine; and
(v) Report to the Postentry Quarantine Unit of Plant Protection and
Quarantine any propagation or increase in the number of plants that
occurs during postentry quarantine.
(3) In any such written agreement, the Administrator shall agree to:
(i) Seek State review of permit applications for postentry
quarantine material in that State, and issue permits only after
determining that State services are available to monitor the postentry
quarantine;
(ii) Upon request of the State, provide training, technical advice,
and pest identification services to State officials involved in
providing postentry quarantine services in accordance with this section;
(iii) Notify State officials, in writing and within ten days of the
arrival, when plant material destined for postentry quarantine in their
State arrives in the United States, and notify State officials in
writing when materials in postentry quarantine may be released from
quarantine in their State.
[[Page 252]]
(4) Termination of State postentry quarantine agreement. A State
postentry quarantine agreement may be terminated by either the
Administrator or the State Plant Regulatory Official by giving written
notice of termination to the other party. The effective date of the
termination will be 60 days after the date of actual receipt of notice,
with regard to future importation to that State of articles requiring
postentry quarantine in accordance with this section. When a postentry
quarantine agreement is terminated by either the State Plant Regulatory
Official or the Administrator, APHIS and the affected State shall
continue to provide postentry quarantine services in accordance with the
postentry quarantine agreement, until the time the plant material is
eligible to be released from quarantine, for all postentry quarantine
material already in the State, and for all postentry quarantine material
that arrives in the State prior to the effective date of termination.
(d) Postentry quarantine growing agreements. Any restricted article
required to be grown under postentry quarantine conditions, as well as
any increase therefrom, shall be grown in accordance with a postentry
quarantine growing agreement signed by the person (the importer)
applying for a written permit in accordance with Sec. 319.37-3 for
importation of the article and submitted to Plant Protection and
Quarantine. On each postentry quarantine growing agreement, APHIS shall
also obtain the signature of the State Plant Regulatory Official for the
State in which regulated articles covered by the agreement will be
grown. The postentry quarantine growing agreement shall specify the
kind, number, and origin of plants to be imported, and shall certify to
APHIS and to the State in which the articles are grown that the signer
of the agreement will comply with the following conditions for the
period of time specified below:
(1) To grow such article or increase therefrom only on specified
premises owned, rented, or otherwise in possession of the importer,
within a space of dimensions designated by an inspector, and to move,
propagate, or allow propagation of the article or increase therefrom or
parts thereof only with the written permission of an inspector and only
to the extent prescribed by the inspector;
(2) To permit an inspector to have access to the specified premises
for inspection of such article during regular business hours;
(3) To keep the article and any increase therefrom identified with a
label showing the name of the article, port accession number, and date
of importation;
(4) To keep the article separated from any domestic plant or plant
product of the same genus by no less than 3 meters (approximately 10
feet); and from any other imported plant or plant product by the same
distance;
(5) To allow or apply remedial measures (including destruction)
determined by an inspector to be necessary to prevent the spread of an
injurious plant disease, injurious insect pest, or other plant pest;
(6) To notify an inspector, orally or in writing, within 30 days of
the time the importer or the person in charge of the growing site finds
any abnormality of the article, or the article dies or is killed by the
importer, the person in charge of the growing site, or any other person;
to retain the abnormal or dead article for at least 60 days following
that date of notification; and to give the abnormal or dead article to
an inspector upon request;
(7) To grow the article or increase therefrom, if an article of
Rubus spp. (cloudberry, blackberry, boysenberry, dewberry, loganberry,
raspberry) from Europe, only in a screenhouse with screening of a
minimum of 16 mesh per inch;
(8) To grow the article or increase therefrom, if an article of
Chrysanthemum spp. (chrysanthemum) or Dianthus spp. (carnation, sweet-
william), only in a greenhouse or other enclosed building; and
(9) To comply with the above conditions for a period of 6 months
after importation for an article of Chrysanthemum spp. (chrysanthemum),
for a period of 1 year after importation for an article of Dianthus spp.
(carnation, sweet-william), and for a period of 2 years after
importation for any other such articles.
[[Page 253]]
(e) A completed postentry quarantine agreement shall accompany the
application for a written permit for an article required to be grown
under postentry quarantine conditions. \9\
---------------------------------------------------------------------------
\9\ Postentry quarantine agreement forms are available without
charge from the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Port Operations, Permit Unit, 4700 River Road
Unit 136, Riverdale, Maryland 20737-1236, or local offices of the Plant
Protection and Quarantine Programs which are listed in telephone
directories.
---------------------------------------------------------------------------
(f) Inspector-ordered disposal, movement, or safeguarding of
restricted articles; costs and charges, civil and criminal liabilities.
(1) Growing at unauthorized sites. If an inspector determines that
any article subject to the postentry quarantine growing requirements of
this section, or any increase therefrom, is being grown at an
unauthorized site, the inspector may file an emergency action
notification (PPQ form 523) with the owner of the article or the person
who owns or is in possession of the site on which the article is being
grown. The person named in the form 523 must, within the time specified
in form 523, sign a postentry quarantine growing agreement, destroy,
ship to a point outside the United States, move to an authorized
postentry quarantine site, and/or apply treatments or other safeguards
to the article, the increase therefrom, or any portion of the article or
the increase therefrom, as prescribed by an inspector to prevent the
introduction of plant pests into the United States. In choosing which
action to order and in setting the time limit for the action, the
inspector shall consider the degree of pest risk presented by the plant
pest(s) associated with the kind of article (including increase
therefrom), the types of other host materials for the pest in or near
the growing site, the climate and season at the site in relation to the
pest's survival, and the availability of treatment facilities.
(2) Growing at authorized sites. If an inspector determines that any
article, or any increase therefrom, grown at a site specified in an
authorized postentry quarantine growing agreement is being grown
contrary to the provisions of this section, including in numbers greater
than the number approved by the postentry quarantine growing agreement,
or in a manner that otherwise presents a risk of introducing plant pests
into the United States, the inspector shall issue an emergency action
notification (PPQ form 523) to the person who signed the postentry
quarantine growing agreement. That person shall be responsible for
carrying out all actions specified in the emergency action notification.
The emergency action notification may extend the time for which the
articles and the increase therefrom must be grown under the postentry
quarantine conditions specified in the authorized postentry quarantine
growing agreement, or may require that the person named in the
notification must destroy, ship to a point outside the United States, or
apply treatments or other safeguards to the article, the increase
therefrom, or any portion of the article or the increase therefrom,
within the time specified in the emergency action notification. In
choosing which action to order and in setting the time limit for the
action, the inspector shall consider the degree of pest risk presented
by the plant pest(s) associated with the kind of article (including
increase therefrom), the types of other host materials for the pest in
or near the growing site, the climate and season at the site in relation
to the pest's survival, and the availability of treatment facilities.
(3) Costs and charges. All costs pursuant to any action ordered by
an inspector in accordance with this section shall be borne by the
person who signed the postentry quarantine growing agreement covering
the site where the articles were grown, or if no such agreement was
signed, by the owner of the articles at the growing site.
(4) Civil and criminal liabilities. Any person who moves an article
subject to postentry quarantine growing requirements from the site
specified for that article in an authorized postentry quarantine growing
agreement, or who otherwise handles such an article contrary to the
requirements of this section, shall be subject to such civil penalties
and such criminal liabilities as are provided by 18 U.S.C. 1001, 7
U.S.C.
[[Page 254]]
7734, or other applicable Federal statutes.
(g) State. As used in this section, ``State'' means each of the 50
States of the United States, the District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, the Virgin Islands of the United States,
and all other territories and possessions of the United States.
(Approved by the Office of Management and Budget under control number
0579-0049)
[45 FR 31585, May 13, 1980; 45 FR 35305, May 27, 1980, as amended at 45
FR 81531, Dec. 11, 1980; 48 FR 57466, Dec. 30, 1983; 57 FR 43148, 43150,
Sept. 18, 1992; 58 FR 38267, July 16, 1993; 58 FR 41124, Aug. 2, 1993;
59 FR 67610, Dec. 30, 1994; 61 FR 51210, Oct. 1, 1996; 66 FR 21056, Apr.
27, 2001]
Sec. 319.37-8 Growing media.
(a) Any restricted article at the time of importation or offer for
importation into the United States shall be free of sand, soil, earth,
and other growing media, except as provided in paragraph (b), (c), (d)
or (e) of this section.
(b) A restricted article from Canada, other than from Newfoundland
or from that portion of the Municipality of Central Saanich in the
Province of British Columbia east of the West Saanich Road, may be
imported in any growing medium.
(c) A restricted article growing solely in agar or in other
transparent or translucent tissue culture medium may be imported
established in such growing media.
(d) Epiphytic plants (including orchid plants) established solely on
tree fern slabs, coconut husks, or coconut fiber may be imported on such
growing media.
(e) A restricted article of any of the following groups of plants
may be imported established in an approved growing medium listed in this
paragraph, if the article meets the conditions of this paragraph, and is
accompanied by a phytosanitary certificate issued by the plant
protection service of the country in which the article was grown that
declares that the article meet the conditions of this paragraph:
Alstroemeria, Ananas,10 Anthurium, Begonia, Gloxinia (=
Sinningia), Nidularium,11 Peperomia, Polypodiophyta (=
Filicales) (ferns), Rhododendron from Europe, and Saintpaulia.
---------------------------------------------------------------------------
\10\ These articles are bromeliads, and if imported into Hawaii,
bromeliads are subject to postentry quarantine in accordance with
Sec. 319.37-7.
---------------------------------------------------------------------------
(1) Approved growing media are baked expanded clay pellets, cork,
glass wool, organic and inorganic fibers, peat, perlite, polymer
stabilized starch, plastic particles, phenol formaldehyde, polyethylene,
polystyrene, polyurethane, rock wool, sphagnum moss, ureaformaldehyde,
vermiculite, or volcanic rock, or any combination of these media.
Growing media must not have been previously used.
(2) Articles imported under this paragraph must be grown in
compliance with a written agreement for enforcement of this section
signed by the plant protection service of the country where grown and
Plant Protection and Quarantine, must be developed from mother stock
that was inspected and found free from evidence of disease and pests by
an APHIS inspector or foreign plant protection service inspector no more
than 60 days prior to the time the article is established in the
greenhouse (except for articles developed from seeds germinated in the
greenhouse), and must be:
(i) Grown in compliance with a written agreement between the grower
and the plant protection service of the country where the article is
grown, in which the grower agrees to comply with the provisions of this
section and to allow inspectors, and representatives of the plant
protection service of the country where the article is grown, access to
the growing facility as necessary to monitor compliance with the
provisions of this section;
(ii) Grown solely in a greenhouse in which sanitary procedures
adequate to exclude plant pests and diseases are always employed,
including cleaning and disinfection of floors, benches and tools, and
the application of measures to protect against any injurious plant
diseases, injurious insect pests, and other plant pests. The greenhouse
must be free from sand and soil and must have screening with openings of
not more than 0.6 mm (0.2 mm for greenhouses growing Rhododendron spp.)
on
[[Page 255]]
all vents and openings except entryways. All entryways must be equipped
with automatic closing doors;
(iii) Rooted and grown in an active state of foliar growth for at
least four consecutive months immediately prior to importation into the
United States, in a greenhouse unit that is used solely for articles
grown in compliance with this paragraph;
(iv) Grown from seeds germinated in the greenhouse unit; or
descended from a mother plant that was grown for at least 9 months in
the exporting country prior to importation into the United States of the
descendent plants, provided that if the mother plant was imported into
the exporting country from another country, it must be:
(A) Grown for at least 12 months in the exporting country prior to
importation of the descendent plants into the United States, or
(B) Treated at the time of importation into the exporting country
with a treatment prescribed for pests of that plant by the plant
protection service of the exporting country and then grown for at least
9 months in the exporting country prior to importation of the descendent
plants into the United States;
(v) Watered only with rainwater that has been boiled or pasteurized,
with clean well water, or with potable water;
(vi) Rooted and grown in approved growing media listed in
Sec. 319.37-8(e)(1) on benches supported by legs and raised at least 46
cm above the floor;
(vii) Stored and packaged only in areas free of sand, soil, earth,
and plant pests;
(viii) Inspected in the greenhouse and found free from evidence of
plant pests and diseases by an APHIS inspector or an inspector of the
plant protection service of the exporting country, no more than 30 days
prior to the date of export to the United States;
(ix) For Rhododendron species only, the plants must be propagated
from mother plants that have been visually inspected by an APHIS
inspector or an inspector of the plant protection service of the
exporting country and found free of evidence of diseases caused by the
following pathogens: Chrysomyxa ledi var. rhododendri, Erysiphe
cruciferarum, Erysiphe rhododendri, Exobasidium vaccinnum and vaccinum
var. japonicum, and Phomopsis theae; and
(x) For Rhododendron species only, the plants must be grown solely
in a greenhouse equipped with automatic closing double doors of an
airlock type, so that whenever one of the doors in an entryway is open
the other is closed, and the plants must be introduced into the
greenhouse as tissue cultures or as rootless stem cuttings from mother
plants that:
(A) Have received a pesticide dip prescribed by the plant protection
service of the exporting country for mites, scale insects, and whitefly;
and
(B) Have been grown for at least the previous 6 months in a
greenhouse that meets the requirements of Sec. 319.37-8(e)(2)(ii).
(f) A restricted article of Hyacinthus spp. (hyacinth) may be
imported established in unused peat, sphagnum moss, or vermiculite
growing media, or in synthetic growing media or synthetic horticultural
foams, i.e., plastic particles, glass wool, organic and inorganic
fibers, polyurethane, polystyrene, polyethylene, phenol formaldehyde, or
ureaformaldehyde:
(1) If there is a written agreement between Plant Protection and
Quarantine and the plant protection service of the country where the
article is grown in which the plant protection service of the country
where the article is grown agrees to implement a program in compliance
with the provisions of this section;
(2) If there is a written agreement between the grower of the
article and the plant protection service of the country in which the
article is grown wherein the grower agrees to comply with the provisions
of this section, wherein the grower agrees to allow an inspector access
to the growing facility as necessary to monitor compliance with the
provisions of this section, and wherein the grower agrees to allow
representatives of the plant protection service of the country in which
the article is grown access to the growing facility as necessary to make
determinations concerning compliance with the provisions of this
section;
[[Page 256]]
(3) If: (i) Inspected immediately prior to the growing period by the
plant protection service of the country in which the article is to be
grown and found to be free of injurious plant diseases, injurious insect
pests, and other plant pests;
(ii) Grown throughout its growing period only in a coldroom (with
temperatures not exceeding 9 deg.C. (48 deg.F.)) within an enclosed
building;
(iii) Grown only in a coldroom unit solely used for articles grown
under all the criteria specified in this paragraph (f);
(iv) Grown only in unused peat, sphagnum moss, or vermiculite
growing media; or grown only in synthetic growing media or synthetic
horticultural foams, i.e., plastic particles, glass wool, organic and
inorganic fibers, polyurethane, polystyrene, polyethylene, phenol
formaldehyde, ureaformaldehyde;
(v) Watered only with clean rainwater that has been pasteurized,
with clean well water, or with potable water;
(vi) Grown in a coldroom free of sand, soil, or earth;
(vii) Grown only in a coldroom where strict sanitary procedures are
always practiced, i.e., cleaning and disinfection of floors and tools
and the application of measures to protect against any injurious plant
diseases, injurious insect pests, and other plant pests; and
(viii) Stored only in areas found free of sand, soil, earth,
injurious plant diseases, injurious insect pests, and other plant pests;
(4) If appropriate measures have been taken to assure that the
article is to be stored, packaged, and shipped free of injurious plant
diseases, injurious insect pests, and other plant pests;
(5) If accompanied by a phytosanitary certificate of inspection
containing an accurate additional declaration from the plant protection
service of the country in which grown that the article meets conditions
of growing, storing, and shipping in compliance with 7 CFR 319.37-8(f);
and
(6) If the accompanying phytosanitary certificate of inspection is
endorsed by a Plant Protection and Quarantine inspector in the country
of origin or at the time of offer for importation, representing a
finding based on monitoring inspections that the conditions listed above
are being met.
(g) Pest risk evaluation standards for plants established in growing
media. When evaluating a request to allow importation of additional taxa
of plants established in growing media, the Animal and Plant Health
Inspection Service will conduct the following analysis in determining
the pest risks associated with each requested plant article and in
determining whether or not to propose allowing importation into the
United States of the requested plant article.
(1) Collect commodity information. (i) Determine the kind of growing
medium, origin and taxon of the regulated article.
(ii) Collect information on the method of preparing the regulated
article for importation.
(iii) Evaluate history of past plant pest interceptions or
introductions (including data from plant protection services of foreign
countries) associated with each regulated article.
(2) Catalog quarantine pests. For the regulated article specified in
an application, determine what plant pests or potential plant pests are
associated with the type of plant from which the regulated article was
derived, in the country and locality of origin. A plant pest that meets
one of the following criteria is a quarantine pest and will be further
evaluated in accordance with paragraph (g)(3) of this section:
(i) Non-indigenous plant pest not present in the United States;
(ii) Non-indigenous plant pest, present in the United States and
capable of further dissemination in the United States;
(iii) Non-indigenous plant pest that is present in the United States
and has reached probable limits of its ecological range, but differs
genetically from the plant pest in the United States in a way that
demonstrates a potential for greater damage potential in the United
States;
(iv) Native species of the United States that has reached probable
limits of its ecological range, but differs genetically from the plant
pest in the
[[Page 257]]
United States in a way that demonstrates a potential for greater damage
potential in the United States; or
(v) Non-indigenous or native plant pest that may be able to vector
another plant pest that meets one of the criteria in (g)(2)(i) through
(iv) of this section.
(3) Conduct individual pest risk assessments. Each of the quarantine
pests identified by application of the criteria in paragraph (g)(2) of
this section will be evaluated based on the following estimates:
(i) Estimate the probability the quarantine pest will be on, with,
or in the regulated article at the time of importation;
(ii) Estimate the probability the quarantine pest will survive in
transit on the regulated article and enter the United States undetected;
(iii) Estimate the probability of the quarantine pest colonizing
once entered into the United States;
(iv) Estimate the probability of the quarantine pest spreading
beyond the colonized area; and
(v) Estimate the actual and perceived economic, environmental and
social damage that would occur if the quarantine pest is introduced,
colonizes, and spreads.
(4) Determine overall estimation of risk based on compilation of
component estimates. This step will evaluate whether the pest risk of
importing a regulated article established in growing media, as developed
through the estimates of paragraph (g)(3) of this section, is greater
than the pest risk of importing the regulated article with bare roots as
allowed by Sec. 319.37-8(a).
(i) If the pest risk is determined to be the same or less, the
regulated article established in growing media will be allowed
importation under the same conditions as the same regulated article with
bare roots.
(ii) If the pest risk is determined to be greater for the regulated
article established in growing media, APHIS will evaluate available
mitigation measures to determine whether they would allow safe
importation of the regulated article. Mitigation measures currently in
use as requirements of this subsection, and any other mitigation methods
relevant to the regulated article and plant pests involved, will be
compared with the individual pest risk assessments in order to determine
whether requiring particular mitigation measures in connection with
importation of the regulated article would reduce the pest risk to a
level equal to or less than the risk associated with importing the
regulated article with bare roots as allowed by Sec. 319.37-8(a). If
APHIS determines that use of particular mitigation measures could reduce
the pest risk to this level, and determines that sufficient APHIS
resources are available to implement or ensure implementation of the
appropriate mitigation measures, APHIS will propose to allow importation
into the United States of the requested regulated article if the
appropriate mitigation measures are employed.
[45 FR 31585, May 13, 1980, and 47 FR 3087, Jan. 22, 1982, as amended at
57 FR 43151, Sept. 18, 1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210,
Oct. 1, 1996; 64 FR 66716, Nov. 30, 1999]
Sec. 319.37-9 Approved packing material.
Any restricted article at the time of importation or offer for
importation into the United States shall not be packed in a packing
material unless the plants were packed in the packing material
immediately prior to shipment; such packing material is free from sand,
soil, or earth (except for sand designated below); has not been used
previously as packing material or otherwise; and is listed below:
Baked or expanded clay pellets.
Buckwheat hulls.
Coral sand from Bermuda, if the article packed in such sand is
accompanied by a phytosanitary certificate of inspection containing an
accurate additional declaration from the plant protection service of
Bermuda that such sand was free from soil.
Excelsior.
Exfoliated vermiculite.
Ground cork.
Ground peat.
Ground rubber.
Paper.
Perlite.
Polymer stabilized cellulose.
Quarry gravel.
Rock wool.
Sawdust.
Shavings--wood or cork.
Sphagnum moss.
[[Page 258]]
Vegetable fiber when free of pulp, including coconut fiber and Osmunda
fiber, but excluding sugarcane fiber and cotton fiber.
Volcanic rock.
[45 FR 31585, May 13, 1980, as amended at 57 FR 43151, Sept. 18, 1992;
60 FR 3078, Jan. 13, 1995]
Sec. 319.37-10 Marking and identity.
(a) Any restricted article for importation other than by mail, at
the time of importation or offer for importation into the United States
shall plainly and correctly bear on the outer container (if in a
container) or the restricted article (if not in a container) the
following information:
(1) General nature and quantity of the contents,
(2) Country and locality where grown,
(3) Name and address of shipper, owner, or person shipping or
forwarding the article,
(4) Name and address of consignee,
(5) Identifying shipper's mark and number, and
(6) Number of written permit authorizing the importation if one was
issued.
(b) Any restricted article for importation by mail shall be plainly
and correctly addressed and mailed to the Plant Protection and
Quarantine Programs at a port of entry listed in Sec. 319.37-14, shall
be accompanied by a separate sheet of paper within the package plainly
and correctly bearing the name, address, and telephone number of the
intended recipient, and shall plainly and correctly bear on the outer
container the following information:
(1) General nature and quantity of the contents,
(2) Country and locality where grown,
(3) Name and address of shipper, owner, or person shipping or
forwarding the article, and
(4) Number of written permit authorizing the importation, if one was
issued.
(c) Any restricted article for importation (by mail or otherwise),
at the time of importation or offer for importation into the United
States shall be accompanied by an invoice or packing list indicating the
contents of the shipment.
(Approved by the Office of Management and Budget under control number
0579-0049)
[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.37-11 Arrival notification.
Promptly upon arrival of any restricted article at a port of entry,
the importer shall notify the Plant Protection and Quarantine Programs
of the arrival by such means as a manifest, Customs entry document,
commercial invoice, waybill, a broker's document, or a notice form
provided for that purpose.
(Approved by the Office of Management and Budget under control number
0579-0049)
[45 FR 31585, May 13, 1980, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.37-12 Prohibited articles accompanying restricted articles.
A restricted article for importation into the United States shall
not be packed in the same container as an article prohibited importation
into the United States by this part or part 321.
Sec. 319.37-13 Treatment and costs and charges for inspection and treatment.
(a) The services of a Plant Protection and Quarantine inspector
during regularly assigned hours of duty and at the usual places of duty
shall be furnished without cost to the importer. \11\ No charge will be
made to the importer for Government owned or controlled special
inspection facilities and equipment used in treatment, but the inspector
may require the importer to furnish any special labor, chemicals,
packing materials, or other supplies required in handling an importation
under the regulations in this subpart. The Plant Protection and
Quarantine Programs will not be responsible for any costs or charges,
other than those indicated in this section.
---------------------------------------------------------------------------
\11\ Provisions relating to costs for other services of an inspector
are contained in part 354.
---------------------------------------------------------------------------
(b) Any treatment performed in the United States on a restricted
article shall be performed by an inspector or
[[Page 259]]
under an inspector's supervision at a government-operated special
inspection facility, except that an importer may have such treatment
performed at a nongovernmental facility if the treatment is performed at
nongovernment expense under the supervision of an inspector and in
accordance with any applicable treatment requirements of this subpart
and in accordance with any treatment required by an inspector as an
emergency measure in order to prevent the dissemination of any injurious
plant disease, injurious insect pest, or other plant pest, new to or not
theretofore known to be widely prevalent or distributed within and
throughout the United States. However, treatment may be performed at a
nongovernmental facility only in cases of unavailability of government
facilities and only if, in the judgment of an inspector, such article
can be transported to such nongovernmental facility without the risk of
introduction into the United States of injurious plant diseases,
---------------------------------------------------------------------------
injurious insect pests, or other plant pests.
[45 FR 31585, May 13, 1980, as amended at 57 FR 43148, 43151, Sept. 18,
1992; 60 FR 3077, Jan. 13, 1995; 61 FR 51210, Oct. 1, 1996]
Sec. 319.37-14 Ports of entry.
(a) Any restricted article required to be imported under a written
permit pursuant to Sec. 319.37-3(a) (1) through (6) of this subpart,
shall be imported or offered for importation only at a port of entry
designated by an asterisk in paragraph (b) of this section; any other
restricted article shall be imported or offered for importation at any
port of entry listed in paragraph (b) of this section.
(b) Any restricted article from Canada not required to be imported
under a written permit pursuant to Sec. 319.37-3(a) (1) through (6) of
this subpart may be imported at any port of entry listed in this
paragraph, or at any Customs designated port of entry on the United
States-Canada border (Customs designated ports of entry are listed in 19
CFR part 101).
List of Ports of Entry
Ports with special inspection and treatment facilities (plant
inspection stations) are indicated by an asterisk (*).
alabama
Mobile
Federal Building, room 147, 113 St. Joseph Street, P.O. Box 1413,
Mobile, AL 36601.
alaska
Anchorage
Annex P.O. Box 6191, International Airport, Anchorage, AK 99502.
arizona
* Nogales
Federal Inspection Station, Nogales, AZ 85621.
Phoenix
Sky Harbor Airport, 3300 Sky Harbor Boulevard, Phoenix, AZ 85034.
San Luis
U.S. Border Station, P.O. Box 37, San Luis, AZ 85349.
Tucson
Tucson International Airport, Tucson, AZ 85706.
california
Calexico
Federal Inspection Building, room 223, 200 First Street, P.O. Box 686,
Calexico, CA 92231.
* Los Angeles
9650 LaCienega Boulevard, Building D North, Inglewood, CA 90301.
(Airport)
World Way Center Post Office, International Arrivals Area, Satellite 2,
P.O. Box 90429, Los Angeles International Airport, Los Angeles, CA
90009.
* San Diego
U.S. Border Station, P.O. Box 43L, San Ysidro, CA 92073.
* San Francisco
Plant Inspection Station, San Francisco International Airport, San
Francisco, CA 94128.
San Francisco International Airport, P.O. Box 8026, Airport Station, San
Francisco, CA 94128.
101 Agriculture Building, Embarcadero at Mission Street, P.O. Box 7673,
San Francisco, CA 94120.
* San Pedro
(See Los Angeles)
[[Page 260]]
Travis AFB
P.O. Box 1448, Travis Air Force Base, Fairfield, CA 94535.
colorado
Denver
Suite 102, 7100 West 44th Avenue, Wheat Ridge, CO 80033.
connecticut
Wallingford
Federal Building, room 205, P.O. Box 631, Wallingford, CT 06492.
delaware
Dover AFB
Building 500 (USDA), Dover Air Force Base, DE 19901.
Wilmington
Federal Building, room 1218A, 844 King Street, Box 03, Wilmington, DE
19801.
district of columbia
Dulles International Airport
(See Virginia)
florida
Cape Canaveral
120 George King Boulevard, P.O. Box 158, Cape Canaveral, FL 32920.
Jacksonville
Federal Building, room 521, 400 West Bay Street, P.O. Box 35003,
Jacksonville, FL 32202.
Key West
Federal Building, room 226, 301 Simonton Street, P.O. Box 1486, Key
West, FL 33040.
* Miami
Miami Inspection Station, 3500 NW. 62nd Avenue, P.O. Box 59-2136, Miami,
FL 33159.
FAA & NWS Building, Box 59-2647 AMF, Miami, FL 33159.
Amman Building, room 305, 611 Eisenhower Boulevard, P.O. Box 13033, Fort
Lauderdale, FL 33316. (Note: Restricted articles required to be imported
under a written permit pursuant to Sec. 319.37-3(a)(1) through (6) of
this subpart must be moved by ground transportation and under U.S.
Customs bond to the Miami Inspection Station.)
* Orlando
Orlando Plant Inspection Station, 9317 Tradeport Drive, Orlando, FL
32827.
Pensacola
Federal Building, room 105, 100 North Palafax Street, P.O. Box 12561,
Pensacola, FL 32573.
Tampa
700 Twiggs Street, room 504, P.O. Box 266, Tampa, FL 33601.
West Palm Beach
158 Port Road, P.O. Box 10611, Riviera Beach, FL 33404.
(Airport)
Palm Beach International Airport, Port of Entry Building, West Palm
Beach, FL 33406.
georgia
Atlanta
Hapeville Branch Post Office, Basement, 650 Central Avenue, P.O. Box
82369, Hapeville, GA 30354.
Savannah
U.S. Court House & Federal Building, room B-9, 125-126 Bull Street, P.O.
Box 9268, Savannah, GA 31402.
guam
Agana
P.O. Box 2950, Agana, GU 96910.
hawaii
Hilo
General Lyman Field, Hilo, HI 96720.
*Honolulu (Airport)
Honolulu International Airport, International Arrivals Building, Ewa
end, Ground Level, P.O. Box 29757, Honolulu, HI 96820.
Wailuku, Maui
Federal Post Office Building, room 211, Wailuku, HI 96793.
illinois
Chicago
U.S. Custom House, room 800, 610 South Canal Street, Chicago, IL 60607.
(Airport)
O'Hare International Arrivals Building, P.O. Box 66192, Chicago, IL
60666.
[[Page 261]]
louisiana
Baton Rouge
750 Florida Boulevard, room 321, Federal Building, P.O. Box 2447, Baton
Rouge, LA 70821.
*New Orleans
New Orleans International Airport, P.O. Box 20037, Airport Mailing
Facility, New Orleans, LA 70140.
F. Edward H[eacute]bert Building, P.O. Box 2220, New Orleans, LA 70176.
maine
Bangor (Airport)
International Arrivals Building, Bangor International Airport, Bangor,
ME 04401.
Portland
U.S. Courthouse, 156 Federal Street, room 309, Portland, ME 04101.
maryland
Baltimore
Appraisers Stores Building, room 506, 103 South Gay Street, Baltimore,
MD 21202.
(Airport)
Foreign Arrivals Building, Baltimore Washington International Airport,
Baltimore, MD 21240.
Beltsville
Plant Germplasm Quarantine Center (for USDA shipments only), Building
320, Beltsville, Agricultural Research Center East, Beltsville, MD
20705.
massachusetts
Boston
Room 4, U.S. Custom House, Boston, MA 02109.
(Airport)
Logan International Airport, East Boston, MA 02128.
michigan
Detroit
International Terminal, room 228, Metropolitan Airport, Detroit, MI
48242.
minnesota
Duluth
Board of Trade Building, room 420, 301 West First Street, Duluth, MN
55802.
St. Paul
Minneapolis-St. Paul International Airport, International Charter
Terminal, P.O. Box 1690, St. Paul, MN 55111.
missouri
Kansas City (Airport)
Kansas City International Airport, P.O. Box 20085, Kansas City, MO
64195.
St. Louis International Airport
P.O. Box 858, St. Charles, MO 63301.
new jersey
*Hoboken
209 River Street, Hoboken, NJ 07030.
McGuire AFB
Building 1706, Passenger Terminal, Customs Area, P.O. Box 16073, McGuire
Air Force Base, NJ 08641.
new york
Albany
80 Wolf Road, Suite 503, Albany, NY 12205.
Buffalo
Federal Building, room 1113, 111 West Huron Street, Buffalo, NY 14202.
New York
26 Federal Plaza, room 1747, New York, NY 10007.
*Jamaica
John F. Kennedy International Airport, Plant Inspection Station, Cargo
Building 80, Jamaica, NY 11430.
International Arrivals Building, room 2315,
John F. Kennedy International Airport.
Rouses Point
St. John's Highway Border Station, room 118, Route 9B, P.O. Box 278,
Rouses Point, NY 12979.
north carolina
Morehead City
Room 216, 113 Arendell, P.O. Box 272, Morehead City, NC 28557.
Wilmington
Rural Route 6, Box 53D, Wilmington, NC 28405.
ohio
Cleveland
Federal Building, room 1749, 1240 East 9th Street, Cleveland, OH 44199.
[[Page 262]]
oregon
Astoria
Port Docks, P.O. Box 354, Astoria, OR 97103.
Coos Bay
U.S. Postal Services Building, 235 West Anderson Street, P.O. Box 454,
Coos Bay, OR 97420.
Portland
Federal Building, room 657, 511 NW. Broadway, Portland, OR 97209.
pennsylvania
Philadelphia
Custom House, room 1004, 2nd and Chestnut Streets, Philadelphia, PA
19106.
puerto rico
Mayaguez
P.O. Box 3269, Marina Station, Mayaguez, PR 00708.
Ponce
P.O. Box 68, Ponce Playa Station, Ponce, PR 00731.
Hato Rey
Federal Office Building & U.S. Court House, room 206, Hato Rey, PR
00918.
Roosevelt Roads
Roosevelt Roads Naval Station, P.O. Box 3008, Air Operations, FPO Miami,
FL 34051.
*San Juan
Isla Verde International Airport, Foreign Arrivals Wing, San Juan, PR
00904.
rhode island
Warwick
48 Quaker Lane, West Warwick, RI 02893.
south carolina
Charleston
Room 513 Federal Building, P.O. Box 941, Charleston, SC 29402.
tennessee
Memphis
Room 801 Mid Memphis Tower, 1407 Union Avenue, Memphis, TN 38104.
texas
*Brownsville
Border Services Building, room 224 (Gateway Bridge), East Elizabeth and
International Boulevard, P.O. Box 306, Brownsville, TX 78520.
Corpus Christi
807 Petroleum Tower, 811 Carancahua Street, P.O. Box 245, Corpus
Christi, TX 78403.
Dallas-Fort Worth (Airport)
Dallas-Fort Worth Airport, P.O. Box 61063, Dallas-Ft. Worth Airport, TX
75261.
Del Rio
U.S. Border Inspection Station, room 135, International Bridge, P.O. Box
1227, Del Rio, TX 78840.
Eagle Pass
U.S. Border Station, 160 Garrison Street, P.O. Box P, Eagle Pass, TX
78852.
*El Paso
Cordova Border Station, room 172-A, 3600 East Paisano, El Paso, TX
79905.
Galveston
Room 402, U.S. Post Office Building, 601 Rosenberg Street, P.O. Box 266,
Galveston, TX 77553.
Hidalgo
U.S. Border Station, Bridge Street, P.O. Drawer R, Hidalgo, TX 78557.
*Houston
(Airport) Houston Plant Inspection Station, 3016 McKaughan, Houston, TX
77032.
U.S. Appraisers Stores Building, room 210 7300 Wingate Street, Houston,
TX 77011.
Laredo
La Posada Motel, rooms L8-13, 1000 Zaragoza Street, P.O. Box 277,
Laredo, TX 78040.
Juarez-Lincoln International Bridge, 101 Santa Ursela, Laredo, TX 78040.
U.S. International Bridge No. 1, 100 Convent Avenue, Laredo, TX 78040.
Port Arthur
Federal Building, room 201, Fifth Street & Austin Avenue, P.O. Box 1227,
Port Arthur, TX 77640.
Presidio
U.S. Border Station, International Bridge, P.O. Box 1001, Presidio, TX
79845.
Progreso
Custom House Building, Progreso International Bridge, Progreso, TX
78579.
Roma
International Bridge, P.O. Box 185, Roma, TX 78584.
[[Page 263]]
San Antonio
International Satellite, room 15-S, 9700 Airport Boulevard, San Antonio,
TX 78216.
virgin islands of the united states
St. Thomas
Room 227, Federal Building, P.O. Box 8119, St. Thomas, Virgin Islands of
the U.S. 00801.
(Airport)
Harry S. Truman Airport, Main Terminal Building, St. Thomas, Virgin
Islands of the U.S. 00801.
St. Croix
Drawer 1548, Kingshill, St. Croix, Virgin Islands of the U.S. 00850.
virginia
Chantilly (Airport)
Dulles International Airport, International Arrivals Area, P.O. Box
17134, Washington, DC 20041.
Newport News
P.O. Box 942, Newport News, VA 23607.
Norfolk
Federal Building, room 311, 200 Granby Mall, Norfolk, VA 23510.
washington
Blaine
Custom House, room 216, P.O. Drawer C, Blaine, WA 98230.
McChord AFB
MAC Terminal, P.O. Box 4116, McChord Air Force Base, Tacoma, WA 98438.
*Seattle
Federal Office Building, room 9014, 909 First Avenue, Seattle, WA 98174.
(Airport)
Seattle-Tacoma International Airport, Seattle, WA 98158.
wisconsin
Milwaukee
International Arrivals Terminal, General Mitchell Field, 5300 South
Howell Avenue, Milwaukee, WI 53207.
[45 FR 31585, May 13, 1980, as amended at 54 FR 34133, Aug. 18, 1989; 57
FR 47978, Oct. 21, 1992; 59 FR 21622, Apr. 26, 1994; 61 FR 51210, Oct.
1, 1996]
Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles
Source: 60 FR 27674, May 25, 1995, unless otherwise noted.
Sec. 319.40-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to act
in his or her stead.
APHIS. The Animal and Plant Health Inspection Service, United States
Department of Agriculture.
Bark chips. Bark fragments broken or shredded from log or branch
surfaces.
Certificate. A certificate of inspection relating to a regulated
article, which is issued by an official authorized by the national
government of the country in which the regulated article was produced or
grown, which contains a description of the regulated article, which
certifies that the regulated article has been inspected, is believed to
be free of plant pests, and is believed to be eligible for importation
pursuant to the laws and regulations of the United States, and which may
contain any specific additional declarations required under this
subpart.
Compliance agreement. A written agreement between APHIS and a person
engaged in processing, handling, or moving regulated articles, in which
the person agrees to comply with requirements contained in the
agreement.
Departmental permit. A document issued by the Administrator
authorizing the importation of a regulated article for experimental,
scientific, or educational purposes.
Exporter statement. A written declaration by the exporter,
accompanying a shipment at the time of importation, declaring the nature
of the shipment and that the shipment contains no solid wood packing
material.
Fines. Small particles or fragments of wood, slightly larger than
sawdust, that result from chipping, sawing, or processing wood.
Free from rot. No more than two percent by weight of the regulated
articles in a lot show visual evidence of fructification of fungi or
growth of other
[[Page 264]]
microorganisms that cause decay and the breakdown of cell walls in the
regulated articles.
General permit. A written authorization contained in Sec. 319.40-3
for any person to import the articles named by the general permit, in
accordance with the requirements specified by the general permit,
without being issued a specific permit.
Humus, compost, and litter. Partially or wholly decayed plant
matter.
Import (imported, importation). To bring or move into the
territorial limits of the United States.
Importer document. A written declaration signed by the importer of
regulated articles, which must accompany the regulated articles at the
time of importation, in which the importer accurately declares
information about the regulated articles required to be disclosed by
Sec. 319.40-2(b).
Importer statement. A written declaration by the importer, for a
shipment containing solid wood packing material from the Peoples
Republic of China including Hong Kong, affirming that the importer has
on file at his or her office the certificate required under Sec. 319.40-
5(g)(2)(i).
Inspector. Any individual authorized by the Administrator to enforce
this subpart.
Log. The bole of a tree; trimmed timber that has not been sawn
further than to form cants.
Loose wood packing material. Excelsior (wood wool), sawdust, and
wood shavings, produced as a result of sawing or shaving wood into
small, slender, and curved pieces.
Lot. All the regulated articles on a single means of conveyance that
are derived from the same species of tree and were subjected to the same
treatments prior to importation, and that are consigned to the same
person.
Lumber. Logs that have been sawn into boards, planks, or structural
members such as beams.
Permit. A specific permit to import a regulated article issued in
accordance with Sec. 319.40-4, or a general permit promulgated in
Sec. 319.40-3.
Plant pest. Any living stage of any insects, mites, nematodes,
slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi,
other parasitic plants or reproductive parts of parasitic plants,
noxious weeds, viruses, or any organism similar to or allied with any of
the foregoing, or any infectious substances, which can injure or cause
disease or damage in any plants, parts of plants, or any products of
plants.
Port of first arrival. The area (such as a seaport, airport, or land
border station) where a person or a means of conveyance first arrives in
the United States, and where inspection of regulated articles is carried
out by inspectors.
Primary processing. Any of the following processes: cleaning
(removal of soil, limbs, and foliage), debarking, rough sawing (bucking
or squaring), rough shaping, spraying with fungicide or insecticide
sprays, and fumigation.
Regulated article. The following articles, if they are unprocessed
or have received only primary processing: logs; lumber; any whole tree;
any cut tree or any portion of a tree, not solely consisting of leaves,
flowers, fruits, buds, or seeds; bark; cork; laths; hog fuel; sawdust;
painted raw wood products; excelsior (wood wool); wood chips; wood
mulch; wood shavings; pickets; stakes; shingles; solid wood packing
materials; humus; compost; and litter.
Sealed container; sealable container. A completely enclosed
container designed for the storage or transportation of cargo, and
constructed of metal or fiberglass, or other rigid material, providing
an enclosure which prevents the entrance or exit of plant pests and is
accessed through doors that can be closed and secured with a lock or
seal. Sealed (sealable) containers are distinct and separable from the
means of conveyance carrying them.
Solid wood packing material. Wood packing materials other than loose
wood packing materials, used or for use with cargo to prevent damage,
including, but not limited to, dunnage, crating, pallets, packing
blocks, drums, cases, and skids.
Specific permit. A written document issued by APHIS to the applicant
in accordance with Sec. 319.40-4 that authorizes importation of articles
in accordance with this subpart and specifies or refers to the
regulations applicable to the particular importation.
[[Page 265]]
Treatment Manual. The Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this chapter
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Tropical hardwoods. Hardwood timber species which grow only in
tropical climates.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States, and all other territories and possessions
of the United States.
Wood chips. Wood fragments broken or shredded from any wood.
Wood mulch. Bark chips, wood chips, wood shavings, or sawdust
intended for use as a protective or decorative ground cover.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998;
63 FR 69542, Dec. 17, 1998; 65 FR 21127, Apr. 20, 2000]
Sec. 319.40-2 General prohibitions and restrictions; relation to other regulations.
(a) Permit required. Except for regulated articles exempted from
this requirement by paragraph (c) of this section or Sec. 319.40-3, no
regulated article may be imported unless a specific permit has been
issued for importation of the regulated article in accordance with
Sec. 319.40-4, and unless the regulated article meets all other
applicable requirements of this subpart and any requirements specified
by APHIS in the specific permit.
(b) Importer document; documentation of type, quantity, and origin
of regulated articles. Except for regulated articles exempted from this
requirement by paragraph (c) of this section or Sec. 319.40-3, no
regulated article may be imported unless it is accompanied by an
importer document stating the following information. A certificate that
contains this information may be used in lieu of an importer document at
the option of the importer:
(1) The genus and species of the tree from which the regulated
article was derived;
(2) The country, and locality if known, where the tree from which
the regulated article was derived was harvested;
(3) The quantity of the regulated article to be imported;
(4) The use for which the regulated article is imported; and
(5) Any treatments or handling of the regulated article required by
this subpart that were performed prior to arrival at the port of first
arrival.
(c) Regulation of articles imported for propagation or human
consumption. The requirements of this subpart do not apply to regulated
articles that are allowed importation in accordance with Sec. 319.19,
``Subpart--Citrus Canker and Other Citrus Diseases'', or Secs. 319.37
through 319.37-14, ``Subpart--Nursery Stock, Plants, Roots, Bulbs,
Seeds, and Other Plant Products''; or to regulated articles imported for
human consumption that are allowed importation in accordance with
Secs. 319.56 through 319.56-8, ``Subpart--Fruits and Vegetables.''
(d) Regulated articles imported for experimental, scientific or
educational purposes. Any regulated article may be imported without
further restriction under this subpart if:
(1) Imported by the United States Department of Agriculture for
experimental, scientific, or educational purposes;
(2) Imported pursuant to a Departmental permit issued by APHIS for
the regulated article prior to its importation and kept on file at the
port of first arrival; and
(3) Imported under conditions specified on the Departmental permit
and found by the Administrator to be adequate to prevent the
introduction into the United States of plant pests.
(e) Designation of additional regulated articles. An inspector may
designate any article as a regulated article by giving written notice of
the designation to the owner or person in possession or control of the
article. APHIS will implement rulemaking to add articles designated as
regulated articles to the definition of regulated article in
Sec. 319.40-1 if importation of the article appears to present a
recurring significant risk of introducing plant pests. Inspectors may
designate an article as a regulated article after determining that:
[[Page 266]]
(1) The article was imported in the same container or hold as a
regulated article;
(2) Other articles of the same type imported from the same country
have been found to carry plant pests; or
(3) The article appears to be contaminated with regulated articles
or soil.
(f) In addition to meeting the requirements of this subpart, logs
and pulpwood with bark attached imported from Canada are subject to the
inspection and certification requirements for gypsy moth in Sec. 319.77-
4 of this part.
[60 FR 27674, May 25, 1995, as amended at 63 FR 13485, Mar. 20, 1998; 64
FR 45866, Aug. 23, 1999]
Sec. 319.40-3 General permits; articles that may be imported without a specific permit; articles that may be imported without either a specific permit or an
importer document.
(a) Canada and Mexico. APHIS hereby issues a general permit to
import articles authorized by this paragraph. Regulated articles from
Canada and from states in Mexico adjacent to the United States border,
other than regulated articles of the subfamilies Aurantioideae,
Rutoideae, and Toddalioideae of the botanical family Rutaceae, may be
imported without restriction under this subpart, except that they must
be accompanied by an importer document stating that the regulated
articles are derived from trees harvested in, and have never been moved
outside, Canada or states in Mexico adjacent to the United States
border, and except that they are subject to the inspection and other
requirements in Sec. 319.40-9.
(b) Solid wood packing materials--(1) Free of bark; used with non-
regulated articles. APHIS hereby issues a general permit to import
regulated articles authorized by this paragraph, except that solid wood
packing material from the People's Republic of China including Hong Kong
must be imported in accordance with Sec. 319.40-5(g), (h), and (i).
Solid wood packing materials that are completely free of bark and are in
actual use at the time of importation as packing materials for articles
which are not regulated articles may be imported without restriction
under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9; and
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials are totally free from bark, and apparently free from
live plant pests.
(2) Free of bark; used with regulated articles. APHIS hereby issues
a general permit to import regulated articles authorized by this
paragraph, except that solid wood packing material from the People's
Republic of China including Hong Kong must be imported in accordance
with Sec. 319.40-5(g), (h), and (i). Solid wood packing materials that
are completely free of bark and are in actual use at the time of
importation as packing materials for regulated articles may be imported
without restriction under this subpart, except that:
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials are totally free from bark, and apparently free from
live plant pests; and
(iii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials have been heat treated, fumigated, or treated with
preservatives in accordance with Sec. 319.40-7, or meet all the
importation and entry conditions required for the regulated article the
solid wood packing material is used to move.
(3) Not free of bark; used with regulated or nonregulated articles.
APHIS hereby issues a general permit to import regulated articles
authorized by this paragraph, except that solid wood packing material
from the People's Republic of China including Hong Kong must be imported
in accordance with Sec. 319.40-5(g), (h), and (i). Solid wood packing
materials that are not completely free of bark and are in actual use as
packing at the time of importation may be imported without restriction
under this subpart, except that:
[[Page 267]]
(i) The solid wood packing materials are subject to the inspection
and other requirements in Sec. 319.40-9;
(ii) The solid wood packing materials must be accompanied at the
time of importation by an importer document, stating that the solid wood
packing materials have been heat treated, fumigated, or treated with
preservatives in accordance with Sec. 319.40-7.
(4) Pallets moved as cargo. APHIS hereby issues a general permit to
import regulated articles authorized by this paragraph. Pallets that are
completely free of bark and that are not in actual use as packing at the
time of importation (i.e., pallets moved as cargo) may be imported
without restriction under this subpart, except that:
(i) The pallets are subject to the inspection and other requirements
in Sec. 319.40-9; and
(ii) The pallets are accompanied by an importer document stating
that the pallets were previously eligible for importation in accordance
with paragraph (b) of this section and have not had wood added to them
since that use. Solid wood packing materials other than pallets that are
imported as cargo must be imported in accordance with the requirements
of this subpart for raw lumber.
(c) Loose wood packing materials. APHIS hereby issues a general
permit to import regulated articles authorized by this paragraph. Loose
wood packing materials (whether in use as packing or imported as cargo)
that are dry may be imported subject to the inspection and other
requirements in Sec. 319.40-9 and without further restriction under this
subpart.
(d) Bamboo timber. APHIS hereby issues a general permit to import
regulated articles authorized by this paragraph. Bamboo timber which is
free of leaves and seeds and has been sawn or split lengthwise and dried
may be imported subject to the inspection and other requirements in
Sec. 319.40-9 and without further restriction under this subpart.
(e) Regulated articles the permit process has determined to present
no plant pest risk. Regulated articles for which a specific permit has
been issued in accordance with Sec. 319.40-4(b)(2)(i) may be imported
without other restriction under this subpart, except that they are
subject to the inspection and other requirements in Sec. 319.40-9.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998;
63 FR 69542, Dec. 17, 1998]
Sec. 319.40-4 Application for a permit to import regulated articles; issuance and withdrawal of permits.
(a) Application procedure. A written application for a permit \1\
must be submitted to the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Port Operations Permit Unit, 4700 River
Road Unit 136, Riverdale, MD 20737-1236. The completed application must
include the following information:
---------------------------------------------------------------------------
\1\ Application forms for permits are available without charge from
the Administrator, c/o the Permit Unit, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, 4700 River Road, Riverdale, MD 20737, or local offices of
Plant Protection and Quarantine, which are listed in telephone
directories.
---------------------------------------------------------------------------
(1) The specific type of regulated article to be imported, including
the genus and species name of the tree from which the regulated article
was derived;
(2) Country, and locality if known, where the tree from which the
regulated article was derived was harvested;
(3) The quantity of the regulated article to be imported;
(4) A description of any processing, treatment or handling of the
regulated article to be performed prior to importation, including the
location where any processing or treatment was or will be performed and
the names and dosage of any chemicals employed in treatments;
(5) A description of any processing, treatment, or handling of the
regulated article intended to be performed following importation,
including the location where any processing or treatment will be
performed and the names and dosage of any chemicals employed in
treatments;
(6) Whether the regulated article will or will not be imported in a
sealed container or in a hold;
[[Page 268]]
(7) The means of conveyance to be used to import the regulated
article;
(8) The intended port of first arrival in the United States of the
regulated article, and any subsequent ports in the United States at
which regulated articles may be unloaded;
(9) The destination and general intended use of the regulated
article;
(10) The name and address of the applicant and, if the applicant's
address is not within the United States, the name and address of an
agent in the United States whom the applicant names for acceptance of
service of process; and
(11) A statement certifying the applicant as the importer of record.
(b) Review of application and issuance of permit. After receipt and
review of the application, APHIS shall determine whether it appears that
the regulated article at the time of importation will meet either the
specific importation requirements in Sec. 319.40-5 or the universal
importation requirements in Sec. 319.40-6.
(1) If it appears that the regulated article proposed for
importation will meet the requirements of either Sec. 319.40-5 or
Sec. 319.40-6, a permit stating the applicable conditions for
importation under this subpart shall be issued for the importation of
the regulated article identified in the application.
(2) If it appears that the regulated article proposed for
importation will not meet the requirements of either Sec. 319.40-5 or
Sec. 319.40-6 because these sections do not address the particular
regulated article identified in the application, APHIS shall review the
application by applying the plant pest risk assessment standards
specified in Sec. 319.40-11.
(i) If this review reveals that importation of the regulated article
under a permit and subject to the inspection and other requirements in
Sec. 319.40-9, but without any further conditions, will not result in
the introduction of plant pests into the United States, a permit for
importation of the regulated article shall be issued. The permit may
only be issued in unique and unforeseen circumstances when the
importation of the regulated article is not expected to recur.
(ii) If this review reveals that the regulated article may be
imported under conditions that would reduce the plant pest risk to an
insignificant level, APHIS may implement rulemaking to add the
additional conditions to this subpart, and after the regulations are
effective, may issue a permit for importation of the regulated article.
(3) No permit will be issued to an applicant who has had a permit
withdrawn under paragraph (d) of this section during the 12 months prior
to receipt of the permit application by APHIS, unless the withdrawn
permit has been reinstated upon appeal.
(c) Permit does not guarantee eligibility for import. Even if a
permit has been issued for the importation of a regulated article, the
regulated article may be imported only if all applicable requirements of
this subpart are met and only if an inspector at the port of first
arrival determines that no remedial measures are necessary pursuant to
the Plant Protection Act with respect to the regulated article.\2\
---------------------------------------------------------------------------
\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destroy, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(d) Denial and withdrawal of permits. Any permit which has been
issued may be withdrawn by an inspector or the Administrator if he or
she determines that the person to whom the permit was issued has
violated any requirement of this subpart. If the withdrawal is oral, the
decision to withdraw the permit and the reasons for the withdrawal of
the permit shall be confirmed in writing as promptly as circumstances
permit. Any person whose permit has been denied or withdrawn may appeal
the decision in writing to the Administrator within 10 days after
receiving the written notification of the withdrawal. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the permit was wrongfully denied or withdrawn. The Administrator
shall grant or deny the appeal, in writing, stating the reasons for
granting or denying the appeal as promptly as circumstances permit. If
there is a conflict as to any
[[Page 269]]
material fact and the person from whom the permit is withdrawn requests
a hearing, a hearing shall be held to resolve the conflict. Rules of
---------------------------------------------------------------------------
practice concerning the hearing shall be adopted by the Administrator.
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.40-5 Importation and entry requirements for specified articles.
(a) Bamboo timber. Bamboo timber consisting of whole culms or canes
may be imported into Guam or the Northern Mariana Islands subject to
inspection and other requirements of Sec. 319.40-9. Bamboo timber
consisting of whole culms or canes that are completely dry as evidenced
by lack of moisture in node tissue may be imported into any part of the
United States subject to inspection and other requirements of
Sec. 319.40-9.
(b) Monterey pine logs and lumber from Chile and New Zealand;
Douglas-fir logs and lumber from New Zealand--(1) Logs--(i) Requirements
prior to importation. Monterey or Radiata pine (Pinus radiata) logs from
Chile or New Zealand and Douglas-fir (Pseudotsuga menziesii) logs from
New Zealand that are accompanied by a certificate stating that the logs
meet the requirements of paragraph (b)(1)(i) (A) through (D) of this
section, and that are consigned to a facility in the United States that
operates in accordance with Sec. 319.40-8, may be imported in accordance
with paragraphs (b)(1)(i)(A) through (b)(1)(iii) of this section.
(A) The logs must be from live healthy trees which are apparently
free of plant pests, plant pest damage, and decay organisms.
(B) The logs must be debarked in accordance with Sec. 319.40-7(b)
prior to fumigation.
(C) The logs and any solid wood packing materials to be used with
the logs during shipment to the United States must be fumigated in
accordance with Sec. 319.40-7(f)(1), within 45 days following the date
the trees are felled and prior to arrival of the logs in the United
States, in the holds or in sealable containers. Fumigation must be
conducted in the same sealable container or hold in which the logs and
solid wood packing materials are exported to the United States.
(D) During shipment to the United States, no other regulated article
is permitted on the means of conveyance with the logs, unless the logs
and the other regulated articles are in separate holds or separate
sealed containers, or, if the logs and other regulated articles are
mixed in a hold or sealed container, the other regulated articles either
have been heat treated with moisture reduction in accordance with
Sec. 319.40-7(d), or have been fumigated in the hold or sealable
container in accordance with paragraph (b)(1)(i)(C) of this section.
(ii) Requirements upon arrival in the United States. The following
requirements apply upon arrival of the logs in the United States.
(A) The logs must be kept segregated from other regulated articles
from the time of discharge from the means of conveyance until the logs
are completely processed at a facility in the United States that
operates under a compliance agreement in accordance with Sec. 319.40-8.
(B) The logs must be moved from the port of first arrival to the
facility that operates under a compliance agreement in accordance with
Sec. 319.40-8 by as direct a route as reasonably possible.
(iii) Requirements at the processing facility. The logs must be
consigned to a facility operating under a compliance agreement in
accordance with Sec. 319.40-8 that includes the following requirements:
(A) Logs or any products generated from logs, including lumber, must
be heat treated in accordance with Sec. 319.40-7(c), or heat treated
with moisture reduction in accordance with Sec. 319.40-7(d).
(B) The logs, including sawdust, wood chips, or other products
generated from the logs in the United States, must be processed in
accordance with paragraph (b)(1)(iii) of this section within 60 days
from the time the logs are released from the port of first arrival.
(C) Sawdust, wood chips, and waste generated by sawing or processing
the logs must be disposed of by burning, heat treatment in accordance
with Sec. 319.40-7(c), heat treatment with moisture reduction in
accordance with Sec. 319.40-7(d), or other processing that
[[Page 270]]
will destroy any plant pests associated with the sawdust, wood chips,
and waste. Composting and use of the sawdust, wood chips, and waste as
mulch are prohibited unless composting and use as mulch are preceded by
fumigation in accordance with Sec. 319.40-7(f)(3), heat treatment in
accordance with Sec. 319.40-7(c), or heat treatment with moisture
reduction in accordance with Sec. 319.40-7(d). Wood chips, sawdust, and
waste may be moved in enclosed trucks for processing at another facility
operating under a compliance agreement in accordance with Sec. 319.40-8.
(2) Raw lumber. Raw lumber, including solid wood packing materials
imported as cargo, from Chile or New Zealand derived from Monterey or
Radiata pine (Pinus radiata) logs and raw lumber from New Zealand
derived from Douglas-fir (Pseudotsuga menziesii) logs may be imported in
accordance with paragraphs (b)(2) (i) and (ii) of this section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the raw lumber, unless the raw lumber and the other
regulated articles are in separate holds or separate sealed containers;
Except for mixed shipments of logs and raw lumber fumigated in
accordance with Sec. 319.40-7(f)(2) and moved in accordance with
paragraph (b)(1)(i)(D) of this section. Raw lumber on the vessel's deck
must be in a sealed container.
(ii) The raw lumber must be consigned to a facility operating under
a compliance agreement in accordance with Sec. 319.40-8 that requires
the raw lumber to be heat treated in accordance with Sec. 319.40-7(c) or
heat treated with moisture reduction in accordance with Sec. 319.40-7(d)
before any cutting, planing, or sawing of the raw lumber, and within 30
days from the time the lumber is released from the port of first
arrival.
(c) Tropical hardwoods--(1) Debarked. Tropical hardwood logs and
lumber that have been debarked in accordance with Sec. 319.40-7(b) may
be imported subject to the inspection and other requirements of
Sec. 319.40-9.
(2) Not debarked. Tropical hardwood logs that have not been debarked
may be imported if fumigated in accordance with Sec. 319.40-7(f)(1)
prior to arrival in the United States.
(3) Not debarked; small lots. Tropical hardwood logs that have not
been debarked may be imported into the United States, other than into
Hawaii, Puerto Rico, or the Virgin Islands of the United States, if
imported in a lot of 15 or fewer logs and subject to the inspection and
other requirements of Sec. 319.40-9.
(d) Temperate hardwoods. Temperate hardwood logs and lumber (with or
without bark) from all places except places in Asia that are east of
60 deg. East Longitude and north of the Tropic of Cancer may be imported
if fumigated in accordance with Sec. 319.40-7(f) prior to arrival in the
United States and subject to the inspection and other requirements of
Sec. 319.40-9.
(e) Regulated articles associated with exclusively tropical climate
pests. Regulated articles that have been identified by a plant pest risk
assessment as associated solely with plant pests that can successfully
become established only in tropical or subtropical climates may be
imported if:
(1) The regulated article is imported only to a destination in the
continental United States; and,
(2) the regulated article is not imported into any tropical or
subtropical areas of the United States specified in the permit.
(f) Cross-ties (railroad ties) from all places except places in Asia
that are east of 60 deg. East Longitude and north of the Tropic of
Cancer may be imported if completely free of bark and accompanied by an
importer document stating that the cross-ties will be pressure treated
within 30 days following the date of importation.
(g) Solid wood packing material and merchandise from the Peoples
Republic of China including Hong Kong. This paragraph does not apply to
shipments transitting the Peoples Republic of China including Hong Kong
from other countries en route to the United States, unless merchandise
or solid wood packing material is added to such shipments while in the
Peoples Republic of China including Hong Kong. Otherwise, merchandise
exported from the Peoples Republic of China including
[[Page 271]]
Hong Kong that is accompanied by solid wood packing material may only be
entered into the United States in accordance with this paragraph (g) and
paragraph (i) of this section. This restriction applies to both
merchandise that originated in the Peoples Republic of China including
Hong Kong and merchandise that entered the Peoples Republic of China
including Hong Kong for further processing or packaging, regardless of
whether the merchandise moves directly from the Peoples Republic of
China including Hong Kong to the United States or transits other
countries en route to the United States.
(1) Prior to exportation from the Peoples Republic of China
including Hong Kong, any solid wood packing material must be heat
treated, fumigated and aerated, or treated with preservatives, using a
treatment schedule contained in Sec. 319.40-7 or in the Plant Protection
and Quarantine Treatment Manual, which is incorporated by reference at
Sec. 300.1 of this chapter. During the entire interval between treatment
and export the solid wood packing material must be stored, handled, or
safeguarded in a manner which excludes any infestation of the solid wood
packing material by plant pests.
(2) Any merchandise accompanied by solid wood packing material
exported from the Peoples Republic of China including Hong Kong may only
be entered if the importer has on file at its office, and retains there
for a period of one year following the date of importation, the
following documents:
(i) A certificate signed by an official of the applicable government
agency authorized by the government of the Peoples Republic of China or
the government of the Hong Kong Special Administrative Region, stating
that the solid wood packing material, prior to export from the Peoples
Republic of China including Hong Kong, has been heat treated, fumigated
and aerated, or treated with preservatives using a treatment schedule
contained in Sec. 319.40-7 or in the Plant Protection and Quarantine
Treatment Manual, and
(ii) An importer statement (a written statement by the importer
affirming that the importer has on file at his or her office the
certificate required under paragraph (g)(2)(i) of this section).
(3) In addition to the document requirements of paragraph (g)(2) of
this section, a copy of the certificate must accompany all shipments
that do not enter using the United States Customs Service's electronic
entry filing and Automated Broker Interface.
(4) Upon the request of an APHIS inspector or a United States
Customs Service officer, the importer must produce a copy of the
certificate and importer statement issued for any shipment.
(5) At their option, in order to expedite release of a shipment, an
importer may provide a certificate to the APHIS inspector at the port of
first arrival prior to the arrival of the shipment. Exporters may also
at their option, in order to expedite release of their shipment at the
port of first arrival, arrange to have each article of solid wood
packing material that has been treated marked at the treatment facility
with a stamp or weatherproof label that reads CHINA TREATED. This type
of marking, however, is not a substitute for the required certificate.
(6) If an APHIS inspector determines that a shipment imported from
the Peoples Republic of China including Hong Kong contains plant pests,
or contains solid wood packing material that was not heat treated,
fumigated and aerated, or treated with preservatives, the APHIS
inspector may refuse entry of the entire shipment (merchandise and solid
wood packing material). If an importer does not produce upon request by
an APHIS inspector the certificate required for a shipment imported from
the Peoples Republic of China including Hong Kong containing solid wood
packing material, the APHIS inspector may refuse entry into the United
States of the entire shipment (merchandise and solid wood packing
material) until the certificate is produced. For any shipment refused
entry, if the APHIS inspector determines that the merchandise may be
separated from the solid wood packing material and that the solid wood
packing material may be destroyed or reexported without risk of
spreading plant pests, the inspector may allow the importer to separate
the merchandise
[[Page 272]]
from the solid wood packing material at a location and within a time
period specified by the inspector to prevent the dissemination of plant
pests, and destroy or reexport the solid wood packing material under
supervision of an inspector. The means used to destroy solid wood
packing material under this section must be incineration, or chipping
followed by incineration. The importer shall be responsible for all
costs associated with inspection, separation, and destruction or
reexportation of any solid wood packing material, including costs of the
services of an inspector to monitor such activities, in accordance with
Sec. 354.3(j) of this chapter. Any such costs may be charged to the
importer's customs bond.
(h) Cargo from the Peoples Republic of China including Hong Kong
that does not contain solid wood packing material. Merchandise exported
from the Peoples Republic of China including Hong Kong that is not
accompanied by any solid wood packing material must have attached to the
commercial invoice, the bill of lading, or the airway bill, an exporter
statement stating that the shipment contains no solid wood packing
material. As an alternative to attaching the exporter statement to the
paperwork presented at entry, the importer may provide the exporter
statement to the APHIS inspector at the port of entry prior to arrival
of the shipment. Any shipment is subject to inspection for solid wood
packing material, and if such inspection is ordered by an inspector, the
shipment will not be granted entry into the United States prior to
completion of the inspection. If the inspection reveals solid wood
packing material, the inspector may refuse entry into the United States
of the entire shipment (merchandise and solid wood packing material).
Any shipment refused entry will be handled in accordance with the
procedures in paragraph (g)(6) of this section. The importer shall be
responsible for all costs associated with inspection, separation, and
destruction or reexportation of any solid wood packing material,
including costs of the services of an inspector to monitor such
activities in accordance with Sec. 354.3(j) of this chapter. Any such
costs may be charged to the importer's customs bond.
(i) Special provisions for air overnight couriers and air express
delivery companies. Overnight couriers and express delivery companies
must present to an APHIS inspector at the port of first arrival, at or
prior to the time of entry, one or more certificates for each arriving
aircraft that carries packages employing solid wood packing material.
The company may present one certificate in cases where the company has
arranged treatment of all solid wood packing material on the flight, and
may present multiple certificates in cases where packages with solid
wood packing material were accepted for delivery by the company from
multiple customers, each of whom arranged for treatment and
certification of their respective packages. The certificates must be
signed by an official of the applicable government agency authorized by
the government of the Peoples Republic of China or the Hong Kong Special
Administrative Region, and must state that the solid wood packing
material, prior to export from the Peoples Republic of China including
Hong Kong, has been heat treated, fumigated and aerated, or treated with
preservatives using a treatment schedule contained in Sec. 319.40-7 or
in the Plant Protection and Quarantine Treatment Manual. If the aircraft
contains no packages that employ solid wood packing material, or
contains both packages that do and do not employ solid wood packing
material, the overnight courier or express delivery company must also
present to an APHIS inspector at the port of first arrival, at or prior
to the time of entry, one or more exporter statements stating that the
packages on the aircraft not covered by a certificate contain no solid
wood packing material.
(j) Customs entry or entry summary filing requirements. By
instruction, the United States Customs Service will inform importers of
any information that may be required on entry or entry summary
documentation under the Automated Broker Interface or other entry filing
systems, electronic or otherwise, with regard to recording the existence
of certificates, importer statements affirming that the importer has on
file at
[[Page 273]]
his or her office any certificate required, and exporter statements that
there is no solid wood packing material in a shipment.
(k) Liability under the Customs import bond and international
carrier bond. Any failure of an importer to comply with any of the
provisions regarding the maintenance or presentation of records or
information as prescribed in this subpart may result in liability under
the Customs basic import bond. Any failure of a carrier to comply with
any of the provisions regarding the maintenance or presentation of
records or information as prescribed in this subpart may result in
liability under the international carrier bond.
[60 FR 27674, May 25, 1995, as amended at 63 FR 69542, Dec. 17, 1998; 64
FR 59604, Nov. 3, 1999]
Sec. 319.40-6 Universal importation options.
(a) Logs. Logs may be imported if prior to importation the logs have
been debarked in accordance with Sec. 319.40-7(b) and heat treated in
accordance with Sec. 319.40-7(c). During the entire interval between
treatment and export, the logs must be stored and handled in a manner
which excludes any access to the logs by plant pests.
(b) Lumber--(1) Heat treated or heat treated with moisture
reduction. Lumber that prior to importation has been heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d), may be imported in
accordance with paragraphs (b)(1) (i) and (ii) of this section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the lumber, unless the lumber and the other regulated
articles are in separate holds or separate sealed containers, or, if the
lumber and other regulated articles are mixed in a hold or sealed
container, all the regulated articles have been heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d). Lumber on the vessel's
deck must be in a sealed container, unless it has been heat treated with
moisture reduction in accordance with Sec. 319.40-7(d).
(ii) If lumber has been heat treated in accordance with Sec. 319.40-
7(c), that fact must be stated on the importer document, or by a
permanent marking on each piece of lumber in the form of the letters
``HT'' or the words ``Heat Treated.'' If lumber has been heat treated
with moisture reduction in accordance with Sec. 319.40-7(d), that fact
must be stated on the importer document, or by a permanent marking, on
each piece of lumber or on the cover of bundles of lumber, in the form
of the letters ``KD'' or the words ``Kiln Dried.''
(2) Raw lumber. Raw lumber, including solid wood packing materials
imported as cargo, from all places except places in Asia that are east
of 60 deg. East Longitude and north of the Tropic of Cancer may be
imported in accordance with paragraphs (b)(2) (i) and (ii) of this
section.
(i) During shipment to the United States, no other regulated article
(other than solid wood packing materials) is permitted on the means of
conveyance with the raw lumber, unless the raw lumber and the other
regulated articles are in separate holds or separate sealed containers.
Raw lumber on the vessel's deck must be in a sealed container.
(ii) The raw lumber must be consigned to a facility operating under
a compliance agreement in accordance with Sec. 319.40-8 that requires
the raw lumber to be heat treated in accordance with Sec. 319.40-7(c) or
heat treated with moisture reduction in accordance with Sec. 319.40-
7(d), within 30 days from the time the lumber is released from the port
of first arrival. Heat treatment must be completed before any cutting,
planing, or sawing of the raw lumber.
(c) Wood chips and bark chips--(1) From Chile. Wood chips from Chile
that are derived from Monterey or Radiata pine (Pinus radiata) logs may
be imported in accordance with Sec. 319.40-6(c)(2) or in accordance with
the following requirements:
(i) The wood chips must be accompanied by a certificate stating that
the wood chips meet the requirements in paragraphs (c)(1)(i)(A) through
(c)(1)(i)(C) of this section.
[[Page 274]]
(A) The wood chips were treated with a surface pesticide treatment
in accordance with Sec. 319.40-7(e) within 24 hours after the log was
chipped and were retreated with a surface pesticide treatment in
accordance with Sec. 319.40-7(e) if more than 30 days elapsed between
the date of the first treatment and the date of export to the United
States.
(B) The wood chips were derived from logs from live, healthy,
plantation-grown trees that were apparently free of plant pests, plant
pest damage, and decay organisms, and the logs used to make the wood
chips were debarked in accordance with Sec. 319.40-7(b) before being
chipped.
(C) No more than 45 days elapsed from the time the trees used to
make the wood chips were felled to the time the wood chips were
exported.
(ii) During shipment to the United States, no other regulated
articles (other than solid wood packing materials) are permitted in the
holds or sealed containers carrying the wood chips. Wood chips on the
vessel's deck must be in a sealed container.
(iii) The wood chips must be consigned to a facility in the United
States that operates under a compliance agreement in accordance with
Sec. 319.40-8. The following requirements apply upon arrival of the wood
chips in the United States:
(A) Upon arrival in the United States, the wood chips must be
unloaded by a conveyor that is covered to prevent the chips from being
blown by the wind and from accidental spillage. The facility receiving
the wood chips must have a procedure in place to retrieve any chips that
fall during unloading.
(B) If the wood chips must be transported after arrival, the chips
must be covered or safeguarded in a manner that prevents the chips from
spilling or falling off the means of conveyance or from being blown off
the means of conveyance by wind.
(C) The wood chips must be stored at the facility on a paved surface
and must be kept segregated from other regulated articles from the time
of discharge from the means of conveyance until the chips are processed.
The storage area must not be adjacent to wooded areas.
(D) The wood chips must be processed within 45 days of arrival at
the facility. Any fines or unusable wood chips must be disposed of by
burning within 45 days of arrival at the facility.
(2) From locations other than certain places in Asia. Wood chips and
bark chips from any place except places in Asia that are east of 60 deg.
east longitude and north of the Tropic of Cancer may be imported in
accordance with this paragraph.
(i) The wood chips or bark chips must be accompanied by an importer
document stating that the wood chips or bark chips were either:
(A) Derived from live, healthy, tropical species of plantation-grown
trees grown in tropical areas; or
(B) Fumigated with methyl bromide in accordance with Sec. 319.40-
7(f)(3), heat treated in accordance with Sec. 319.40-7(c), or heat
treated with moisture reduction in accordance with Sec. 319.40-7(d).
(ii) During shipment to the United States, no other regulated
articles (other than solid wood packing materials) are permitted in the
holds or sealed containers carrying the wood chips or bark chips. Wood
chips or bark chips on the vessel's deck must be in a sealed container;
Except that: If the wood chips or bark chips are derived from live,
healthy, plantation-grown trees in tropical areas, they may be shipped
on deck if no other regulated articles are present on the vessel and the
wood chips or bark chips are completely covered by a tarpaulin during
the entire journey directly to the United States.
(iii) The wood chips or bark chips must be free from rot at the time
of importation, unless accompanied by an importer document stating that
the entire lot was fumigated with methyl bromide in accordance with
Sec. 319.40-7(f)(3), heat treated in accordance with Sec. 319.40-7(c),
or heat treated with moisture reduction in accordance with Sec. 319.40-
7(d).
(iv) Wood chips or bark chips imported in accordance with this
paragraph must be consigned to a facility operating under a compliance
agreement in accordance with Sec. 319.40-8. The wood chips or bark chips
must be
[[Page 275]]
burned, heat treated in accordance with Sec. 319.40-7(c), heat treated
with moisture reduction in accordance with Sec. 319.40-7(d), or
otherwise processed in a manner that will destroy any plant pests
associated with the wood chips or bark chips within 30 days of arrival
at the facility. If the wood chips or bark chips are to be used for
mulching or composting, they must first be fumigated in accordance with
Sec. 319.40-7(f)(3), heat treated in accordance with Sec. 319.40-7(c),
or heat treated with moisture reduction in accordance with Sec. 319.40-
7(d).
(d) Wood mulch, humus, compost, and litter. Wood mulch, humus,
compost, and litter may be imported if accompanied by an importer
document stating that the wood mulch, humus, compost, or litter was
fumigated in accordance with Sec. 319.40-7(f)(3), heat treated in
accordance with Sec. 319.40-7(c), or heat treated with moisture
reduction in accordance with Sec. 319.40-7(d).
(e) Cork and bark. Cork and cork bark, cinnamon bark, and other bark
to be used for food, manufacture of medicine, or chemical extraction may
be imported if free from rot at the time of importation and subject to
the inspection and other requirements of Sec. 319.40-9.
[60 FR 27679, May 25, 1995; 60 FR 30157, June 7, 1995, as amended at 65
FR 21127, Apr. 20, 2000]
Sec. 319.40-7 Treatments and safeguards.
(a) Certification of treatments or safeguards. If APHIS determines
that a document required for the importation of regulated articles is
inaccurate, the regulated articles which are the subject of the
certificate or other document shall be refused entry into the United
States. In addition, APHIS may determine not to accept any further
certificates for the importation of regulated articles in accordance
with this subpart from a country in which an inaccurate certificate is
issued, and APHIS may determine not to allow the importation of any or
all regulated articles from any such country, until corrective action
acceptable to APHIS establishes that certificates issued in that country
will be accurate.
(b) Debarking. Except for raw lumber, no more than 2 percent of the
surface of all regulated articles in a lot may retain bark, with no
single regulated article retaining bark on more than 5 percent of its
surface. For raw lumber, debarking must remove 100 percent of the bark.
(c) Heat treatment. Heat treatment must be performed only at a
facility where APHIS or an inspector authorized by the Administrator and
the national government of the country in which the facility is located
has inspected the facility and determined that its operation complies
with the standards of this paragraph. Heat treatment procedures may
employ steam, hot water, kilns, exposure to microwave energy, or any
other method (e.g., the hot water and steam techniques used in veneer
production) that raises the temperature of the center of each treated
regulated article to at least 71.1 deg.C and maintains the regulated
article at that center temperature for at least 75 minutes. For
regulated articles heat treated prior to arrival in the United States,
during the entire interval between treatment and export the regulated
article must be stored, handled, or safeguarded in a manner which
excludes any infestation of the regulated article by plant pests.
(d) Heat treatment with moisture reduction. (1) Heat treatment with
moisture reduction may employ:
(i) Kiln drying conducted in accordance with the schedules
prescribed for the regulated article in the Dry Kiln Operator's Manual,
Agriculture Handbook 188, which is incorporated by reference at
Sec. 300.2 of this chapter; or,
(ii) Dry heat, exposure to microwave energy, or any other method
that raises the temperature of the center of each treated regulated
article to at least 71.1 deg.C, maintains the regulated articles at
that center temperature for at least 75 minutes, and reduces the
moisture content of the regulated article to 20 percent or less as
measured by an electrical conductivity meter.
(2) For regulated articles heat treated with moisture reduction
prior to arrival in the United States, during the entire interval
between treatment and export the regulated article must be stored,
handled, or safeguarded in a manner which excludes any infestation of
the regulated article by plant pests.
[[Page 276]]
(e) Surface pesticide treatments. All United States Environmental
Protection Agency registered surface pesticide treatments are authorized
for regulated articles imported in accordance with this subpart, except
that Pinus radiata wood chips from Chile must be treated in accordance
with Sec. 319.40-7(e)(2). Surface pesticide treatments must be conducted
in accordance with label directions approved by the United States
Environmental Protection Agency. Under the following circumstances,
surface pesticide treatments must also be conducted as follows:
(1) Heat treated logs. When used on heat treated logs, a surface
pesticide treatment must be first applied within 48 hours following heat
treatment. The surface pesticide treatment must be repeated at least
every 30 days during storage of the regulated article, with the final
treatment occurring no more than 30 days prior to departure of the means
of conveyance that carries the regulated articles to the United States.
(2) Pinus radiata wood chips from Chile. When used on Pinus radiata
wood chips from Chile, a surface pesticide consisting of the following
must be used: A mixture of a fungicide containing 64.8percent of the
active ingredient didecyl dimethyl ammonium chloride and 7.6 percent of
the active ingredient 3-iodo-2-propynl butylcarbamate and an insecticide
containing 44.9percent of the active ingredient chlorpyrifos
phosphorothioate. The wood chips must be sprayed with the pesticide so
that all the chips are exposed to the chemical on all sides. During the
entire interval between treatment and export, the wood chips must be
stored, handled, or safeguarded in a manner that prevents any
infestation of the wood chips by plant pests.
(f) Methyl bromide fumigation. The following minimum standards for
methyl bromide fumigation treatment are authorized for the regulated
articles listed in paragraphs (f)(1) through (f)(3) of this section. Any
method of fumigation that meets or exceeds the specified temperature/
time/concentration products is acceptable. Following fumigation,
fumigated products must be aerated to reduce the concentration of
fumigant below hazardous levels, in accordance with the Treatment Manual
and label instructions approved by the U.S. Environmental Protection
Agency.
(1) Logs--(i) T-312 schedule. The entire log and the ambient air
must be at a temperature of 5 deg.C or above throughout fumigation. The
fumigation must be conducted using schedule T-312 contained in the
Treatment Manual. In lieu of the schedule T-312 methyl bromide
concentration, fumigation may be conducted with an initial methyl
bromide concentration of at least 240 g/m\3\ with exposure and
concentration levels adequate to provide a concentration-time product of
at least 17,280 gram-hours calculated on the initial methyl bromide
concentration.
(ii) T-404 schedule. The entire log and the ambient air must be at a
temperature of 5 deg.C or above throughout fumigation. The fumigation
must be conducted using schedule T-404 contained in the Treatment
Manual. In lieu of the schedule T-404 methyl bromide concentration,
fumigation may be conducted with an initial methyl bromide concentration
of at least 120 g/m\3\ with exposure and concentration levels adequate
to provide a concentration-time product of at least 1920 gram-hours
calculated on the initial methyl bromide concentration.
(2) Lumber. The lumber and the ambient air must be at a temperature
of 5 deg.C or above throughout fumigation. The fumigation must be
conducted using schedule T-404 contained in the Treatment Manual. In
lieu of the schedule T-404 methyl bromide concentration, fumigation may
be conducted with an initial methyl bromide concentration of at least
120 g/m3 with exposure and concentration levels adequate to
provide a concentration-time product of at least 1920 gram-hours
calculated on the initial methyl bromide concentration.
(3) Regulated articles other than logs or lumber. (i) If the ambient
air and the regulated articles other than logs or lumber are at a
temperature of 21 deg.C or above throughout fumigation, the fumigation
must be conducted using schedule T-404 contained in the Treatment
Manual. In lieu of the schedule T-404 methyl bromide concentration,
fumigation may be conducted with an
[[Page 277]]
initial methyl bromide concentration of at least 48 g/m3 with
exposure and concentration levels adequate to provide a concentration-
time product of at least 760 gram-hours calculated on the initial methyl
bromide concentration.
(ii) If the ambient air and the regulated articles other than logs
or lumber are at a temperature of 4.5-20.5 deg.C throughout fumigation,
the fumigation must be conducted using schedule T-404 contained in the
Treatment Manual. In lieu of the schedule T-404 methyl bromide
concentration, fumigation may be conducted with an initial methyl
bromide concentration of at least 120 g/m3 with exposure and
concentration levels adequate to provide a concentration-time product of
at least 1920 gram-hours calculated on the initial methyl bromide
concentration.
(g) Preservatives. All preservative treatments that use a
preservative product that is registered by the United States
Environmental Protection Agency are authorized for treatment of
regulated articles imported in accordance with this subpart.
Preservative treatments must be performed in accordance with label
directions approved by the United States Environmental Protection
Agency.
[60 FR 27674, May 25, 1999, as amended at 64 FR 59604, Nov. 3, 1999; 65
FR 21128, Apr. 20, 2000; 67 FR 8465, Feb. 25, 2002]
Sec. 319.40-8 Processing at facilities operating under compliance agreements.
(a) Any person who operates a facility in which imported regulated
articles are processed may enter into a compliance agreement to
facilitate the importation of regulated articles under this subpart. The
compliance agreement shall specify the requirements necessary to prevent
spread of plant pests from the facility, requirements to ensure the
processing method effectively destroys plant pests, and the requirements
for the application of chemical materials in accordance with the
Treatment Manual. The compliance agreement shall also state that
inspectors must be allowed access to the facility to monitor compliance
with the requirements of the compliance agreement and of this subpart.
Compliance agreement forms may be obtained from the Administrator or an
inspector.
(b) Any compliance agreement may be canceled by the inspector who is
supervising its enforcement, orally or in writing, whenever the
inspector finds that the person who entered into the compliance
agreement has failed to comply with the conditions of the compliance
agreement. If the cancellation is oral, the decision to cancel the
compliance agreement and the reasons for cancellation of the compliance
agreement shall be confirmed in writing, as promptly as circumstances
permit. Any person whose compliance agreement has been canceled may
appeal the decision in writing to the Administrator within 10 days after
receiving written notification of the cancellation. The appeal shall
state all of the facts and reasons upon which the person relies to show
that the compliance agreement was wrongfully canceled. The Administrator
shall grant or deny the appeal, in writing, stating the reasons for
granting or denying the appeal, as promptly as circumstances permit. If
there is a conflict as to any material fact and the person whose
compliance agreement has been canceled requests a hearing, a hearing
shall be held to resolve the conflict. Rules of practice concerning the
hearing will be adopted by the Administrator.
Sec. 319.40-9 Inspection and other requirements at port of first arrival.
(a) Procedures for all regulated articles. (1) All imported
regulated articles shall be inspected at the port of first arrival. If
the inspector finds signs of plant pests on or in the regulated article,
or finds that the regulated article may have been associated with other
articles infested with plant pests, the regulated article shall be
cleaned or treated as required by an inspector, and the regulated
article and any products of the regulated article shall also be subject
to reinspection, cleaning, and treatment at the option of an inspector
at any time and place before all applicable requirements of this subpart
have been accomplished.
(2) Regulated articles shall be assembled for inspection at the port
of first arrival, or at any other place prescribed by an inspector, at a
place and
[[Page 278]]
time and in a manner designated by an inspector.
(3) If an inspector finds that an imported regulated article is so
infested with a plant pest that, in the judgment of the inspector, the
regulated article cannot be cleaned or treated, or contains soil or
other prohibited contaminants, the entire lot may be refused entry into
the United States.
(4) No person shall move any imported regulated article from the
port of first arrival unless and until an inspector notifies the person,
in writing or through an electronic database, that the regulated
article:
(i) Is in compliance with all applicable regulations and has been
inspected and found to be apparently free of plant pests; \3\ or,
---------------------------------------------------------------------------
\3\ Certain regulated articles may also be subject to Secs. 319.56
through 319.56-8, ``Subpart--Fruits and Vegetables,'' or to the noxious
weed regulations under part 360 of this chapter, or to Endangered
Species Act regulations under parts 355 and 356 of this chapter and 50
CFR parts 17 and 23.
---------------------------------------------------------------------------
(ii) Has been inspected and the inspector requires reinspection,
cleaning, or treatment of the regulated article at a place other than
the port of first arrival.
(b) Notice of arrival; visual examination of regulated articles at
port of first arrival. (1) At least 7 days prior to the expected date of
arrival in the United States of a shipment of regulated articles
imported in accordance with this subpart, the permittee or his or her
agent must notify the APHIS Officer in Charge at the port of arrival of
the date of expected arrival. The address and telephone number of the
APHIS Officer in Charge will be specified in any specific permit issued
by APHIS \4\. This notice may be in writing or by telephone. The notice
must include the number of any specific permit issued for the regulated
articles; the name, if any, of the means of conveyance carrying the
regulated articles; the type and quantity of the regulated articles; the
expected date of arrival; the country of origin of the regulated
articles; the name and the number, if any, of the dock or area where the
regulated articles are to be unloaded; and the name of the importer or
broker at the port of arrival.
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\4\ A list of APHIS Officers in Charge may be obtained from the
Administrator, c/o Port Operations, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, 4700 River Road, Riverdale,
MD 20737.
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(2) Imported regulated articles which have been debarked in
accordance with Sec. 319.40-7(b) and can be safely and practically
inspected will be visually examined for plant pests by an inspector at
the port of first arrival. If plant pests are found on or in the
regulated articles or if the regulated article cannot be safely and
practically inspected, the regulated articles must be treated in
accordance with the Treatment Manual.
(c) Marking and identity of regulated articles. Any regulated
article, at the time of importation shall bear on the outer container
(if in a container), on the regulated article (if not in a container),
or on a document accompanying the regulated article the following
information:
(1) General nature and quantity of the regulated articles;
(2) Country and locality, if known, where the tree from which the
regulated article was derived was harvested;
(3) Name and address of the person importing the regulated article;
(4) Name and address of consignee of the regulated article;
(5) Identifying shipper's mark and number; and
(6) Number of the permit (if one was issued) authorizing the
importation of the regulated article into the United States.
(d) Sampling for plant pests at port of first arrival. Any imported
regulated article may be sampled for plant pests at the port of first
arrival. If an inspector finds it necessary to order treatment of a
regulated article at the port of first arrival, any sampling will be
done prior to treatment.
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.40-10 Costs and charges.
The services of an inspector during regularly assigned hours of duty
and at
[[Page 279]]
the usual places of duty shall be furnished without cost to the
importer.\5\ The inspector may require the importer to furnish any
labor, chemicals, packing materials, or other supplies required in
handling regulated articles under this subpart. APHIS will not be
responsible for any costs or charges, other than those identified in
this section.
---------------------------------------------------------------------------
\5\ Provisions relating to costs for other services of an inspector,
including services related to extra inspection and separation of cargo
from packing material for shipments that arrive without a complete
certificate or exporter statement as required, are contained in part 354
of this chapter.
[60 FR 27674, May 25, 1995, as amended at 63 FR 50111, Sept. 18, 1998]
Sec. 319.40-11 Plant pest risk assessment standards.
When evaluating a request to import a regulated article not allowed
importation under this subpart, or a request to import a regulated
article under conditions other than those prescribed by this subpart,
APHIS will conduct the following analysis to determine the plant pest
risks associated with each requested importation in order to determine
whether or not to issue a permit under this subpart or to propose
regulations establishing conditions for the importation into the United
States of the regulated article.
(a) Collecting commodity information. (1) APHIS will evaluate the
application for information describing the regulated article and the
origin, processing, treatment, and handling of the regulated article;
and
(2) APHIS will evaluate history of past plant pest interceptions or
introductions (including data from foreign countries) associated with
the regulated article.
(b) Cataloging quarantine pests. For the regulated article specified
in an application, APHIS will determine what plant pests or potential
plant pests are associated with the type of tree from which the
regulated article was derived, in the country and locality from which
the regulated article is to be exported. A plant pest that meets one of
the following criteria is a quarantine pest and will be further
evaluated in accordance with paragraph (c) of this section:
(1) Non-indigenous plant pest not present in the United States;
(2) Non-indigenous plant pest, present in the United States and
capable of further dissemination in the United States;
(3) Non-indigenous plant pest that is present in the United States
and has reached probable limits of its ecological range, but differs
genetically from the plant pest in the United States in a way that
demonstrates a potential for greater damage potential in the United
States;
(4) Native species of the United States that has reached probable
limits of its ecological range, but differs genetically from the plant
pest in the United States in a way that demonstrates a potential for
greater damage potential in the United States; or
(5) Non-indigenous or native plant pest that may be able to vector
another plant pest that meets one of the criteria in paragraphs (b)(1)
through (4) of this section.
(c) Determining which quarantine pests to assess. (1) APHIS will
divide quarantine pests identified in paragraph (b) of this section into
groups depending upon where the plant pest is most likely to be found.
The plant pests would be grouped as follows:
(i) Plant pests found on the bark;
(ii) Plant pests found under the bark; and
(iii) Plant pests found in the wood.
(2) APHIS will subdivide each of the groups in paragraph (c)(1) of
this section into associated taxa.
(3) APHIS will rank the plant pests in each group in paragraph
(c)(2) of this section according to plant pest risk, based on the
available biological information and demonstrated plant pest importance.
(4) APHIS will identify any plant pests ranked in paragraph (c)(3)
of this section for which plant pest risk assessments have previously
been performed in accordance with this section. APHIS will conduct
individual plant pest risk assessments for the remaining plant pests,
starting with the highest ranked plant pest(s) in each group.
[[Page 280]]
(5) The number of plant pests in each group to be evaluated through
individual plant pest risk assessment will be based on biological
similarities of members of the group as they relate to measures taken in
connection with the importation of the regulated article to mitigate the
plant pest risk associated with the regulated article. For example, if
the plant pest risk assessment for the highest ranked plant pest
indicates a need for a mitigation measure that would result in the same
reduction of risk for other plant pests ranked in the group, the other
members need not be subjected to individual plant pest risk assessment.
(d) Conducting individual plant pest risk assessments. APHIS will
evaluate each of the plant pests identified in paragraph (c)(4) of this
section by:
(1) Estimation of the probability of the plant pest being on, with,
or in the regulated article at the time of importation;
(2) Estimation of the probability of the plant pest surviving in
transit on the regulated article and entering the United States
undetected;
(3) Estimation of the probability of the plant pest colonizing once
it has entered into the United States;
(4) Estimation of the probability of the plant pest spreading beyond
any colonized area; and
(5) Estimation of the damage to plants that could be expected upon
introduction and dissemination within the United States of the plant
pest.
(e) Estimating unmitigated overall plant pest risk. APHIS will
develop an estimation of the overall plant pest risk associated with
importing the regulated article based on compilation of individual plant
pest risk assessments performed in accordance with paragraph (d) of this
section.
(f) Evaluating available requirements to determine whether they
would allow safe importation of the regulated article. The requirements
of this subpart, and any other requirements relevant to the regulated
article and plant pests involved, will be compared with the individual
plant pest risk assessments in order to determine whether particular
conditions on the importation of the regulated article would reduce the
plant pest risk to an insignificant level. If APHIS determines that the
imposition of particular conditions on the importation of the regulated
article could reduce the plant pest risk to an insignificant level, and
determines that sufficient APHIS resources are available to implement or
ensure implementation of the conditions, APHIS will implement rulemaking
to allow importation of the requested regulated article under the
conditions identified by the plant pest risk assessment process.
Subpart--Indian Corn or Maize, Broomcorn, and Related Plants
Quarantine
Sec. 319.41 Notice of quarantine.
(a) The fact has been determined by the Secretary of Agriculture,
and notice given, that dangerous plant pests, including the so-called
European corn borer (Ostrinia nubilalis Hubn.), and also other dangerous
insects, as well as plant diseases not heretofore widely prevalent or
distributed within and throughout the United States, exist, as to one or
more of such pests, in Europe, Asia, Africa, Dominion of Canada, Mexico,
Central and South America, and other foreign countries and localities,
and may be introduced into this country through importations of the
stalks or other parts of Indian corn or maize, broomcorn, and related
plants.
(b) To prevent the introduction of these plant pests, the following
articles may not be imported into the United States except in accordance
with this subpart: The raw or unmanufactured stalk and all other parts
of Indian corn or maize (Zea mays L.), broomcorn (Andropogon sorghum
var. technicus), sweet sorghums (Andropogon sorghum), grain sorghums
(Andropogon sorghum), Sudan grass (Andropogon sorghum sudanensis),
Johnson grass (Andropogon halepensis), sugarcane (Saccharum
officinarum), including Japanese varieties, pearl millet (Pennisetum
glaucum), napier grass (Pennisetum purpureum), teosinte (Euchlaena
luxurians), and jobs-tears (Coix lachryma-Jobi).
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific
[[Page 281]]
cases, authorize such importations into Guam under conditions specified
in the permit that are less stringent than those contained in this
subpart.
(d) As used in this subpart, unless the context otherwise requires,
the term ``United States'' means the States, the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.41a Administrative instructions relating to entry into Guam of broomcorn, brooms, and similar articles.
(a) Broomcorn for manufacturing purposes, and brooms and similar
articles made of broomcorn may be imported into Guam without further
permit, other than the authorization contained in this section, and
without other restriction under this subpart. Notice of arrival for such
importations is not necessary inasmuch as there is available to the
inspector the essential information normally supplied by the importer at
time of importation. Inspection of such importations may be made under
the general authority of Sec. 330.105(a) of this chapter. If an
importation is found infected, infested, or contaminated with any plant
pest and is not subject to disposal under this part 319, disposition may
be made in accordance with Sec. 330.106 of this chapter.
(b) Shelled corn and seeds of other plants listed in Sec. 319.41,
and mature corn on the cob, may be imported into Guam without further
permit, other than the authorization contained in this section and
without other restriction under this subpart, but such importations are
subject to the requirements of Sec. 319.37-4(a).
(c) Green corn on the cob may be imported into Guam without
restriction under this subpart, but such importations are subject to the
requirements of Sec. 319.56-2.
Sec. 319.41b Administrative instructions prescribing conditions for entry of broomstraw without treatment.
Broomstraw, sometimes referred to as ``combed stalkless'', when
consisting of individual straws entirely free from stems, stalks, stubs
of stalks, and leaves, may be imported from all countries without
seasonal limitation through ports of entry designated in the permit,
provided it is bundled and baled to prevent breakage and scattering and
to facilitate inspection, in the following manner:
(a) The broomstraw shall be assembled into bundles with the base of
the individual straws at the same end, no alternating of layers being
permitted.
(b) Each bundle shall be securely tied to prevent breakage.
(c) Individual bundles shall be compacted, grouped into bales, and
so arranged that the butt of each bundle is exposed on the outside of
the bale.
(d) Each bale shall be securely bound to prevent shifting or
loosening of the bundles in transit.
(e) Broomstraw found upon inspection at the port of entry to contain
stems, stalks, stubs of stalks, or leaves shall be sterilized under the
supervision of an inspector. Broomstraw contaminated in the aforesaid
manner, from countries other than those on the North or South American
Continents or the West Indies, shall be considered as broomcorn and
shall be subject to compliance with Sec. 319.41-3(b).
[25 FR 12809, Dec. 14, 1960]
Rules and Regulations
Sec. 319.41-1 Plant products permitted entry. \1\
---------------------------------------------------------------------------
\1\Except as provided in Sec. 319.41-6 the regulations in this
subpart do not authorize importations through the mails.
---------------------------------------------------------------------------
Except as restricted from certain countries and localities by
special quarantines and other orders now in force, \2\ and by such as
may hereafter be
[[Page 282]]
promulgated, the following articles may be imported:
---------------------------------------------------------------------------
\2\ The entry of the following plants and plant products is
prohibited or restricted by specific quarantines and other restrictive
orders now in force.
(a) Living canes of sugarcane, or cuttings or parts thereof, from
all foreign countries. (Sec. 319.15.)
(b) Except as provided for in paragraph (c) for corn seed from New
Zealand, seed and all other portions in the raw or unmanufactured state
of Indian corn or maize (Zea mays L.), and the closely related plants,
including all species of Teosinte (Euchlaena), jobs-tears (Coix),
Polytoca, Chionachne, Sclerachne, and Trilobachne, from Australia,
Burma, Cambodia, China, Formosa, India, Indonesia, Japan and adjacent
islands, Laos, Malaya, Manchuria, New Guinea, New Zealand, North Viet-
Nam, Oceania, Pakistan, Philippines, Ryukyu Islands, Thailand, and Viet-
Nam. (Sec. 319.24.)
(c) Seed of Indian corn or maize (Zea mays L.) that is free from the
cob and from all other parts of corn may be imported into the United
States from New Zealand without further restriction. (Sec. 319.24.).
---------------------------------------------------------------------------
(a) Subject only to the requirements of paragraphs (a), (b), and (c)
of Sec. 319.41-5:
(1) Green corn on the cob, in small lots for local use only, from
adjacent areas of Canada.
(2) Articles made of the stalks, leaves, or cobs of corn, when
prepared, manufactured, or processed in such manner that in the judgment
of the inspector no pest risk is involved in their entry.
(3) Corn silk.
(b) Upon compliance with the regulations in this subpart:
(1) Broomcorn for manufacturing purposes, brooms or similar articles
made of broomcorn, clean shelled corn, and clean seed of the other
plants covered by Sec. 319.41.
(2) Corn on the cob, green or mature, from the provinces of Canada
west of and including Manitoba,\3\ and from Mexico, Central America,
South America, the West Indies, the Bahamas, and Bermuda.
---------------------------------------------------------------------------
\3\A quarantine is maintained by Canada to prevent spread of the
European corn borer from the infested eastern areas to the still
uninfested Provinces west of Ontario.
---------------------------------------------------------------------------
(c) Seed of Indian corn or maize (Zea mays L.) that is free from the
cob and from all other parts of corn may be imported into the United
States from New Zealand without further restriction.
[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993]
Sec. 319.41-2 Application for permits.
(a) Persons contemplating the importation of any of the articles
specified in Sec. 319.41-1(b), shall first make application to the Plant
Protection and Quarantine Programs for a permit, stating in the
application the name and address of the exporter, the country and
locality where grown, the port of arrival, and the name and address of
the importer in the United States to whom the permit should be sent.
Unless otherwise stated in the permit, all permits will be valid from
date of issuance until revoked.
(b) Applications for permits should be made in advance of the
proposed shipments; but if, through no fault of the importer, a shipment
should arrive before a permit is received, the importation will be held
in customs custody at the risk and expense of the importer for a period
not exceeding 20 days pending the receipt of the permit.
(c) Applications may be made by telegraph, in which case the
information required above must be given.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.41-3 Issuance of permits.
(a) On approval by the Deputy Administrator of the Plant Protection
and Quarantine Programs of the application mentioned in Sec. 319.41-2, a
permit will be issued.
(b) For broomcorn and brooms and similar articles made of broomcorn,
permits will be issued by the Deputy Administrator of the Plant
Protection and Quarantine Programs for such ports as may be designated
therein, except that permits will be issued for the entry of broomcorn
originating in countries other than those in the North or South American
Continents or the West Indies only through the ports of Baltimore,
Boston, New York, and Norfolk, or through other northeastern ports which
may from time to time be designated in the permit, and at which
facilities for treatment of infested material may be available, such
entry to be limited to those shipments accompanied by on-board bills of
lading dated within the period September 15 through February 15 of the
succeeding year, both dates inclusive. Permits will not be issued for
the entry of broomcorn from any source through ports on the Pacific
Coast.
(c) For shelled corn and for seeds of other plants listed in
Sec. 319.41, and for
[[Page 283]]
corn on the cob, green or mature, from the land areas designated in
Sec. 319.41(b)(2), permits will be issued for ports where the Plant
Protection and Quarantine Programs maintains an inspection service and
for such other ports as may be designated in the permit.
(d) Pending development of adequate treating facilities in Guam, any
of the articles specified in Sec. 319.41-1 that are subject to treatment
as a condition of entry therein must first be entered and treated in
accordance with the requirements of this subpart at a U.S. port of
arrival where such treating facilities are available.
[24 FR 10788, Dec. 29, 1959, as amended at 33 FR 11811, Aug. 21, 1968;
36 FR 24917, Dec. 24, 1971]
Sec. 319.41-4 Notice of arrival by permittee.
Immediately upon arrival of the importation at the port of arrival
the permittee shall submit, in duplicate, notice to the Plant Protection
and Quarantine Programs, through the U.S. Collector of Customs, or, in
the case of Guam, through the Customs officer of the Government of Guam,
on forms provided for that purpose, stating the number of the permit,
the date of entry, the name of ship or vessel, railroad, or other
carrier, the country and locality where the articles were grown, the
name of the foreign shipper, the quantity or number of bales or
containers, and the marks and numbers on the bales or containers, the
port of arrival, and the name of the importer or broker at the port of
arrival.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.41-5 Condition of entry.
(a) The entry of the articles covered by Sec. 319.41-1 is
conditioned on their freedom from the European corn borer and other
injurious insects and plant diseases, and upon their freedom from
contamination with plant materials prohibited entry under other
quarantines. All shipments of these articles shall be subject to
inspection at the port of arrival by an inspector of the Plant
Protection and Quarantine Programs, in order to determine their freedom
from such insects and diseases and from contaminating materials, and to
such sterilization, grinding, or other necessary treatment as the
inspector may prescribe. Should an importation be found on inspection to
be so infested or infected or contaminated that, in the judgment of the
inspector, it can not be made safe by sterilization or other treatment,
the entire shipment may be refused entry.
(b) When entry under sterilization or other treatment is permitted,
the importation will be released to the permittee for such treatment,
upon the filing with the appropriate customs official of a bond in the
amount of $5,000, or in an amount equal to the invoice value, if such
value be less than $5,000, with approved sureties, and conditioned that
the importation shall be sterilized or otherwise treated under the
supervision of the inspector; that no bale or container shall be broken,
opened, or removed from the port of arrival unless and until a written
notice is given to said customs official by an inspector that the
importation has been properly sterilized or treated; and that the
importation shall be redelivered to said customs official within 30 days
after its arrival.
(c) Should a shipment requiring sterilization or other treatment
under the provisions of the regulation in this subpart arrive at a port
where facilities for such sterilization or other treatment are not
maintained, such shipment shall either be promptly shipped under
safeguards and by routing prescribed by the inspector to an approved
port where facilities for sterilization or other treatment are
available, or it shall be refused entry.
(d) Other conditions of entry as applying to the certain classes of
articles enumerated in Sec. 319.41-1 are:
(1) Broomcorn. All importations of broomcorn shall be so baled as to
prevent breakage and scattering in connection with the necessary
handling and sterilization; if in the judgment of the inspector they are
not so baled, entry may be refused. All importations of broomcorn shall
be subject to such sterilization or other treatment as the inspector may
require.
[[Page 284]]
(2) Articles made of broomcorn. Brooms or similar articles made of
broomcorn shall be subject to sterilization unless their manufacture
involves the substantial elimination of stems or such treatment of the
included stems as in the judgment of the inspector shall preclude such
articles from being the means of carriage of the European corn borer and
of other injurious insects and plant diseases.
(3) Shelled corn and other seeds. If shipments of shelled corn and
seeds of the other plants from countries other than those named in
Sec. 319.41-1 (b)(2) are found upon inspection at the port of arrival to
be appreciably fouled with cobs or other portions of the plants the
inspector may require sterilization or other treatment or may refuse
entry.
Sec. 319.41-5a Administrative instructions; method used for the disinfection of imported broomcorn and broomcorn brooms.
Broomcorn and articles made of broomcorn which are required to be
treated, under the provisions of Sec. 319.41-5, will be treated by one
of the following methods:
(a) Vacuum fumigation. (1) The temperature of the stalks and of the
fumigation chamber during the fumigation shall be not less than 60
deg.F.
(2) The dosage for the fumigation shall be 3 pounds of liquid
hydrocyanic acid or its equivalent per 1,000 cubic feet of space.
(3) The air pressure in the fumigation chamber shall be reduced to
the equivalent of 2 inches of mercury (a 28-inch vacuum at sea level),
after which the hydrocyanic acid shall be introduced and the low
pressure held for the duration of the fumigation.
(4) The exposure shall be not less than 3 hours.
(b) Steam sterilization. (1) The air pressure in the treating
chamber shall be reduced to the equivalent of 5 inches of mercury (a 25-
inch vacuum at sea level).
(2) Steam shall then be introduced until a positive pressure of 10
pounds is obtained.
(3) The exposure to the 10-pound positive pressure of steam shall
continue for a period sufficient to assure a constant temperature in all
parts of the treating chamber, after which the steam may be shut off and
the treating chamber exhausted of the uncondensed steam.
(c) Other treatments. Any other treatments approved by the Deputy
Administrator of the Plant Protection and Quarantine Programs in
specific cases.
[24 FR 10788, Dec. 29, 1959, as amended at 34 FR 15559, Oct. 7, 1969; 36
FR 24917, Dec. 24, 1971]
Sec. 319.41-6 Importations by mail.
In addition to entries by freight or express provided for in
Sec. 319.41-5, importations are permitted by mail of (a) mature corn on
the cob from the countries specified in Sec. 319.41-1(b)(2), (b) clean
shelled corn and clean seed of the other plants covered by Sec. 319.41:
Provided, That a permit has been issued for the importation: Provided
further, That each shipment is accompanied from the foreign mailing
point by a special mailing tag, which will direct the package to a Plant
Protection and Quarantine Programs inspection station for inspection in
accordance with Sec. 319.41-5 before release to the mails for delivery
to the importer. These special mailing tags will be furnished on request
to the importer for transmission to his foreign shipper.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Subpart--Rice
Quarantine
Sec. 319.55 Notice of quarantine.
(a) The fact has been determined by the Secretary of Agriculture,
and notice is hereby given, (1) that injurious fungous diseases of rice,
including downy, mildew (Sclerospora macrospora), leaf smut (Entyloma
oryzae), blight (Oospora oryzetorum), and glume blotch (Melanomma
glumarum), as well as dangerous insect pests, new to and not heretofore
widely prevalent or distributed within and throughout the United States,
exist, as to one or more of such diseases and pests, in Europe, Asia,
Africa, Central America, South America, and other
[[Page 285]]
foreign countries and localities, and may be introduced into this
country through importations of seed or paddy rice, rice straw, and rice
hulls, and (2) that the unrestricted importation of seed or paddy rice
from the Republic of Mexico and of rice straw and rice hulls from all
foreign countries and localities may result in the entry into the United
States of the injurious plant diseases heretofore enumerated, as well as
insect pests.
(b) To prevent the introduction into the United States of the plant
pests and diseases indicated above, the Secretary has determined that it
is necessary to prohibit the importation into the United States of seed
or paddy rice from all foreign locations except the Republic of Mexico
and to restrict the importation of seed or paddy rice, rice straw, and
rice hulls from the Republic of Mexico and all other foreign locations,
except as otherwise provided in this subpart.
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific cases, authorize such importations into Guam under conditions
specified in the permit that are less stringent than those contained in
this subpart.
(d) As used in this subpart, unless the context otherwise requires,
the term ``United States'' means the States, the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.55a Administrative instructions relating to entry of rice straw and rice hulls into Guam.
Rice straw and rice hulls may be imported into Guam without further
permit, other than the authorization contained in this paragraph. The
port of entry shall be Agana or such other port as may be satisfactory
to the inspector. Such importations may be made without the submission
of a notice of arrival inasmuch as there is available to the inspector
the essential information normally supplied by an importer at the time
of importation. The requirements of Secs. 319.55-6 and 319.55-7 shall
not apply. Inspections of such importations may be made under the
general authority of Sec. 330.105(a) of this chapter. If an importation
is found infected, infested, or contaminated by any plant pest and is
not subject to disposal under this part, disposition may be made in
accordance with Sec. 330.106 of this chapter.
Rules and Regulations
Sec. 319.55-1 Definitions.
(a) Seed or paddy rice. Unhusked rice in the form commonly used for
seed purposes; the regulations in this subpart do not apply to husked or
polished rice imported for food purposes.
(b) Port of first arrival. The first port within the United States
where the shipment is (1) offered for consumption entry or (2) offered
for entry for immediate transportation in bond.
(c) Inspector. An Inspector of the Plant Protection and Quarantine
Programs of the United States Department of Agriculture.
Sec. 319.55-2 Application for permit.
(a) Application for a permit to import seed or paddy rice from
Mexico or rice straw or rice hulls from any country, may be made to the
Plant Protection and Quarantine Programs, indicating in the application
the locality where the desired material has been grown, the port of
first arrival, and the name and address of the importer in the United
States to whom the permit should be sent, if other than the applicant.
(b) Applications for permits should be made in advance of the
proposed shipments; but if, through no fault of the importer, a shipment
should arrive before a permit is received, the importation will be held
in customs custody at the port of first arrival, at the risk and expense
of the importer, for a period not exceeding 20 days, pending the receipt
of the permit.
(c) Application may be mader by telegraph, in which case the
information required above must be furnished.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
[[Page 286]]
Sec. 319.55-3 Ports of entry.
(a) For importations of seed or paddy rice from the Republic of
Mexico, permits will be issued for entry through Mexican border ports
and such other ports as may later be approved by the Plant Protection
and Quarantine Programs.
(b) For importations of rice straw and rice hulls from all foreign
countries, permits will be issued for entry at New York and Boston and
at such other ports as may later be approved by the Plant Protection and
Quarantine Programs.
(c) Pending development of adequate treating facilities in Guam,
seed or paddy rice, rice straw, and rice hulls that are subject to
treatment as a condition of entry therein must first be entered and
treated in accordance with the requirements of this subpart at a United
States port of arrival where such treating facilities are available.
(d) Should a shipment requiring treatment arrive at a port where
facilities for such treatment are not maintained, such shipment shall
either be promptly shipped under safeguards and by routing prescribed by
the inspector to an approved port where facilities for treatment are
available, or it shall be refused entry.
Sec. 319.55-4 Issuance of permits.
Upon receipt of an application and upon approval by an inspector a
permit will be issued specifying the conditions of entry and the port of
entry to carry out the purposes of this subpart, and a copy will be
supplied to the importer.
Sec. 319.55-5 Notice of arrival by permittee.
Immediately upon the arrival of a shipment at the port of first
arrival, the permittee or his agent shall submit a notice, in duplicate,
to the Plant Protection and Quarantine Programs, through the United
States Collector of Customs, or, in the case of Guam, through the
Customs officer of the Government of Guam, on a form provided for that
purpose, stating the number of the permit, the quantity in the shipment,
the locality where grown, the date of arrival, and, if by rail, the name
of the railroad company, the car numbers, and the terminal where the
shipment is to be unloaded, or, if by vessel, the name of the vessel and
the designation of the dock where the shipment is to be landed.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.55-6 Inspection and disinfection at port of arrival.
(a) Paddy rice. All importations of seed or paddy rice from Mexico
shall be subject, as a condition of entry, to such inspection or
disinfection, or both, at the port of arrival, as shall be required by
the inspector, and to the delivery to the collector of customs by the
inspector of a written notice that the seed or paddy rice has been
inspected and found to be apparently free from plant diseases and insect
pests or that the required treatment has been given. Should any shipment
of such seed or paddy rice be found to be so infested with insect pests
or infected with plant diseases that, in the judgment of the inspector,
it cannot be cleaned by disinfection or other treatment, the entire
shipment may be refused entry.
(b) Rice straw and rice hulls. (1) As a condition of entry, rice
straw and rice hulls shall be subject to inspection and to treatment at
the port of arrival, under the supervision of the inspector, by methods
and at plants approved by the Plant Protection and Quarantine Programs
and, as a further condition of entry, in order to permit effective
treatment, the contents of packages or bales shall not be compressed to
a density of more than 30 pounds per cubic foot. Rice straw and rice
hulls will be admitted only at ports where adequate facilities are
available for such treatment. The required treatment must be given
within 20 days after arrival, but if any shipment of rice straw or rice
hulls shall be found upon arrival to be dangerously infested or infected
the inspector may direct immediate treatment under adequate safeguards;
and, if the treatment and safeguards are not put into effect as
directed, the shipment shall be removed from the country immediately or
destroyed.
(2) Unless, within 20 days after the date of arrival of a shipment
at the port at which the formal entry was
[[Page 287]]
filed, the importation has received the required treatment, due notice
of which shall be given to the collector of customs by the inspector,
demand will be made by the collector for redelivery of the shipment into
customs custody under the terms of the entry bond, and, if such
redelivery is not made, the shipment shall be removed from the country
or destroyed.
(c) General. (1) All charges for storage, cartage, and labor
incident to inspection and disinfection, other than the services of the
inspector, shall be paid by the importer.
(2) All shipments shall be so baled, bagged, or wrapped as to
prevent scattering or wastage. If, in the judgment of the inspector, a
shipment is not so bagged, baled, or wrapped, it shall be reconditioned
at the expense of the permittee or entry may be refused.
Sec. 319.55-7 Importations by mail.
Sections 319.55-2 to 319.55-6, inclusive, provide for importations
otherwise than through the mails. Importations of seed or paddy rice
from Mexico, and of rice straw and rice hulls from all foreign countries
and localities, may be made by mail, Provided (a) That a permit has been
issued for the importation in accordance with Secs. 319.55-2, 319.55-4,
and (b) That each shipment is accompanied from the foreign mailing point
by a special mailing tag directing the package to a Plant Protection and
Quarantine Programs inspection station for inspection and, if necessary,
for treatment, before being released to the mails for delivery to the
importer, unless entry is refused in accordance with the provisions of
Sec. 319.55-6. The special mailing tags will be furnished on request to
the importer for transmission in advance to his foreign shipper.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Subpart--Fruits and Vegetables
Quarantine
Sec. 319.56 Notice of quarantine.
(a) The fact has been determined by the Secretary of Agriculture,
and notice is hereby given:
(1) That there exist in Europe, Asia, Africa, Mexico, Central
America, and South America, and other foreign countries and localities,
certain injurious insects, including fruit and melon flies
(Tephritidae), new to and not heretofore widely distributed within and
throughout the United States, which affect and may be carried by fruits
and vegetables commercially imported into the United States or brought
to the ports of the United States as ships' stores or casually by
passengers or others, and
(2) That the unrestricted importation of fruits and vegetables from
the countries and localities enumerated may result in the entry into the
United States of injurious insects, including fruit and melon flies
(Tephritidae).
(b) To prevent the introduction into the United States of the
aforementioned injurious insects, the Secretary has determined that it
is necessary to prohibit the importation into the United States of
fruits and vegetables, and the plants or portions of plants used as
packing material for such fruits and vegetables, except as otherwise
provided in this subpart.
(c) When the public interests will permit, the Deputy Administrator
of the Plant Protection and Quarantine Programs may, upon request in
specific cases, authorize such importations into Guam under conditions
specified in the permit that are less stringent than those contained in
this subpart.
(d) This section leaves in full effect all special quarantines and
other orders now in force restricting the entry into the United States
of fruits and vegetables with the exception of Quarantine No. 49, with
regulations, on account of the citrus black fly, which is replaced by
this section.
[[Page 288]]
(e) As used in this section unless the context otherwise requires,
the term ``United States'' means the continental United States, Guam,
Hawaii, Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001]
Sec. 319.56a Administrative instructions and interpretation relating to entry into Guam of fruits and vegetables under Sec. 319.56.
(a) The following fruits and vegetables may be imported into Guam
without treatment except as it may be required under Sec. 319.56-6 and
they shall otherwise be subject to all the requirements of this subpart
as modified by this section:
(1) All fruits and vegetables from the Marianas Islands.
(2) All leafy vegetables and root crops from the Bonin Islands,
Volcano Islands, and Ryukyu Islands.
(3) All fruits and vegetables from the Caroline Islands, except
citrus fruits, and except taro from the Palau and Yap districts (the
excepted products are not approved for entry into Guam under Sec. 319.56
without treatment).
(4) Allium, artichokes, bananas, bell peppers, cabbage, carrots,
celery, Chinese cabbage, citrus fruits, eggplant, grapes, lettuce,
melons, okra, parsley, peas, persimmons, potatoes, rhubarb, squash
(Cucurbita maxima), stone and pome fruits, string beans, sweetpotatoes,
tomatoes, turnip greens, turnips, and watermelons, from Japan and Korea.
(5) Leafy vegetables, celery, and potatoes, from the Philippine
Islands.
(6) Carrots (without tops), celery, lettuce, peas, potatoes, and
radishes (without tops), from Australia.
(7) Arrowroot, asparagus, bean sprouts, broccoli, cabbage, carrots
(without tops), cassava, cauliflower, celery, chives, cow-cabbage,
dasheen, garlic, gingerroot, horseradish, kale, kudzu, leek, lettuce,
onions, Portuguese cabbage, turnip, udo, water chestnut, watercress,
waterlilyroot, and yam bean root, from Taiwan (Formosa).
(8) Lettuce from Netherlands New Guinea.
(9) Carrots, celery, lettuce, loquats, onions, persimmons, potatoes,
tomatoes, and stone fruits, from New Zealand.
(10) Asparagus, carrots (without tops), celery, lettuce, and
radishes (without tops) from Thailand.
(11) Green corn on the cob.
(12) All other fruits and vegetables administratively approved for
entry into any other part or port of the United States, except those for
which a treatment is specified as a condition of entry and except any
which are now, or may subsequently be, specifically designated in this
subpart as not approved.
(b) The inspector in Guam may, in his judgment, accept an oral
application and issue an oral permit for products within paragraph (a)
of this section, which shall be deemed to fulfill the requirements of
Secs. 319.56-3 and 319.56-4. He may waive the documentation required in
Sec. 319.56-5 for such products whenever he shall find that information
available from other sources meets the requirements under this subpart
for the information normally supplied by such documentation.
(c) The provisions of Secs. 319.56-2a and 319.56-2b shall not apply
to chestnuts and acorns imported into Guam and they shall be enterable
without further permit, other than the authorization contained in this
paragraph, and without other restriction under this subpart, in
accordance with the second paragraph of Sec. 319.56-2. Inspections of
such importations may be made under the general authority of
Sec. 330.105(a) of this chapter. If an importation is found infected,
infested, or contaminated with any plant pest and is not subject to
disposal under this part, disposition may be made in accordance with
Sec. 330.106 of this chapter.
(d) Coconuts with husks are not approved for entry into Guam from
the Trust Territory under Sec. 319.56.
(e) Application of the provisions of Secs. 319.56-2d, 319.56-2e,
319.56-2g, 319.56-2k, 319.56-2l, and 319.56-2p is impracticable in the
case of traffic into Guam and therefore such application is withdrawn.
The fruits and vegetables which are the subject of said provisions are
not enterable into Guam except as they are now, or may later be, listed
in
[[Page 289]]
paragraph (a) of this section. Yams are included in the listings in
paragraphs (a) (1) and (2) of this section.
(f) Baskets or other containers made of coconut fronds are not
approved for use as containers for fruits and vegetables imported into
Guam. Fruits and vegetables in such baskets or containers offered for
importation into Guam will not be regarded as meeting the requirement of
the first paragraph of Sec. 319.56-2.
[24 FR 10788, Dec. 29, 1959, as amended at 29 FR 2329, Feb. 11, 1964; 29
FR 6614, May 21, 1964; 31 FR 5607, Apr. 9, 1966; 34 FR 14638, Sept. 20,
1969; 35 FR 9105, June 12, 1970; 35 FR 16678, Oct. 28, 1970; 58 FR
43497, Aug. 17, 1993; 65 FR 37667, June 15, 2000]
Rules and Regulations
Sec. 319.56-1 Definitions.
Above ground parts. Any plant parts, such as stems, leaves, fruit,
or inflorescence, that grow solely above the soil surface.
Commercial shipment. A shipment containing fruits and vegetables
that an inspector identifies as having been produced for sale and
distribution in mass markets. Such identification will be based on a
variety of indicators, including, but not limited to: quantity of
produce, type of packaging, identification of grower or packing house on
the packaging, and documents consigning the shipment to a wholesaler or
retailer.
Cucurbits. Benincasa hispida (wax gourd), Citrullus lanatus
(watermelon), Cucumis spp. (including, but not limited to cucumber,
kiwano, cantaloupe, honeydew, muskmelon, and Indian gherkin), Cucurbita
spp. (including, but not limited to squash, zucchini, crenshaws,
pumpkin, and marrow), Lagenaria spp. (including, but not limited to the
white-flowered gourds), Luffa spp. (including, but not limited to luffa
and angled luffa), Momordica balsamina (balsam-apple), Momordica
charantia (bitter gourd), and Sechium edule (chayote).
Deputy Administrator. The Deputy Administrator, Plant Protection and
Quarantine, or any person to whom the Deputy Administrator has delegated
his or her authority.
Fresh 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, U.S. Department of Agriculture.
Plants or portions of plants. Leaves, twigs, or other portions of
plants, or plant litter or rubbish as distinguished from clean fruits
and vegetables, or other commercial articles.
Port of first arrival. The first port within the United States where
the shipment is (1) offered for consumption entry or (2) offered for
entry for immediate transportation in bond.
[24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 57
FR 54489, Nov. 19, 1992]
Sec. 319.56-2 Restrictions on entry of fruits and vegetables.
(a) All importations of fruits and vegetables must be free from
plants or portions of plants, as defined in Sec. 319.56-1.
(b) Dried, cured, or processed fruits and vegetables (except frozen
fruits and vegetables), including cured figs and dates, raisins, nuts,
and dried beans and peas, may be imported without permit or other
compliance with the regulations in this subpart: Provided, That any such
articles may be made subject to entry only under permit and on
compliance with the safeguards to be prescribed therein, when it shall
be determined by the Secretary of Agriculture that the condition of
drying, curing, or processing to which they have been subjected may not
entirely eliminate risk. Such determination with respect to any such
articles shall become effective after due notice.
(c) Fruits and vegetables grown in Canada may be imported into the
United States without restriction under this subpart; provided, that the
potatoes from Newfoundland and that portion of the Municipality of
Central Saanich in the Province of British Columbia east of the West
Saanich Road are prohibited importation into the United States in
accordance with Sec. 319.37-2 of this part.
[[Page 290]]
(d) Fruits and vegetables grown in the British Virgin Islands may be
imported into the Virgin Islands of the United States without further
permit other than the authorization contained in this paragraph but
subject to the requirements of the first paragraph of this section, and
of Secs. 319.56-5, 319.56-6 and 319.56-7, except that such fruits and
vegetables are exempted from the notice of arrival requirements of
Sec. 319.56-5 when an inspector shall find that equivalent information
is obtainable from the U.S. Collector of Customs.
(e) Any other fruit or vegetable, except those restricted to certain
countries and districts by special quarantine \1\ and other orders now
in force and by any restrictive order as may hereafter be promulgated,
may be imported from any country under a permit issued in accordance
with this subpart and upon compliance with the regulations in this
subpart, at the ports as shall be authorized in the permit, if the U.S.
Department of Agriculture, after reviewing evidence presented to it, is
satisfied that the fruit or vegetable either:
---------------------------------------------------------------------------
\1\ The importation of citrus fruits into the United States from
eastern and southeastern Asia and certain other areas is restricted by
the Citrus Fruit Quarantine, Sec. 319.28.
---------------------------------------------------------------------------
(1) Is not attacked in the country of origin by injurious insects,
including fruit and melon flies (Tephritidae);
(2) Has been treated or is to be treated for all injurious insects
that attack it in the country of origin, in accordance with conditions
and procedures that may be prescribed by the Administrator;
(3) Is imported from a definite area or district in the country of
origin that is free from all injurious insects that attack the fruit or
vegetable, its importation can be authorized without risk, and its
importation is in compliance with the criteria of paragraph (f) of this
section; or
(4) Is imported from a definite area or district of the country of
origin that is free from certain injurious insects that attack the fruit
or vegetable, its importation can be authorized without risk, and the
criteria of paragraph (f) of this section are met with regard to those
certain insects, provided that all other injurious insects that attack
the fruit or vegetable in the area or district of the country of origin
have been eliminated from the fruit or vegetable by treatment or any
other procedures that may be prescribed by the Administrator.
(f) Before the Administrator may authorize importation of a fruit or
vegetable under Sec. 319.56-2(e) (3) or (4), he or she must determine
that the following criteria have been met:
(1) Within the past 12 months, the plant protection service of the
country of origin has established the absence of infestations of
injurious insects known to attack fruits or vegetables in the definite
area or district based on surveys performed in accordance with
requirements approved by the Administrator as adequate to detect these
infestations;
(2) The country of origin has adopted and is enforcing requirements
to prevent the introduction of injurious insects known to attack fruits
and vegetables into the definite area or district of the country of
origin that are deemed by the Administrator to be at least equivalent to
those requirements imposed under this chapter to prevent the
introduction into the United States and interstate spread of injurious
insects; and
(3) The plant protection service of the country of origin has
submitted to the Administrator written detailed procedures for the
conduct of surveys and the enforcement of requirements under this
paragraph to prevent the introduction of injurious insects.
When used to authorize importation under Sec. 319.56-2(e)(3), the
criteria must be applied to all injurious insects that attack the fruit
or vegetable; when used to authorize importation under Sec. 319.56-
2(e)(4), the criteria must be applied to those particular injurious
insects from which the area or district is to be considered free.
(g) Each box of fruit or vegetables imported into the United States
in accordance with Sec. 319.56-2(e) (3) or (4) and Sec. 319.56-2(f) must
be clearly labelled with:
(1) The name of the orchard or grove of origin, or the name of the
grower, and
[[Page 291]]
(2) The name of the municipality and state in which it was produced,
and
(3) The type and amount of fruit it contains.
(h) The Administrator has determined that the following areas in
Mexico meet the criteria of paragraph (e) and (f) of this section with
regard to the plant pests Ceratitis capitata, Anastrepha ludens, A.
serpentina, A. obliqua, and A. fraterculus: Comondu, Loreto, and Mulege;
in the State of Baja California Sur; the municipalities of Bachiniva,
Casas Grandes, Cuahutemoc, Guerrero, Namiquipa, and Nuevo Casas Grandes
in the State of Chihuahua; and the municipalities of Altar, Atil, Bacum,
Benito Juarez, Caborca, Cajeme, Carbo, Empalme, Etchojoa, Guaymas,
Hermosillo, Huatabampo, Navojoa, Pitiquito, Plutarco Elias Calles,
Puerto Penasco, San Luis Rio Colorado, San Miguel, and San Ignacio Rio
Muerto in the State of Sonora. Fruits and vegetables otherwise eligible
for importation under this subpart may be imported from these areas
without treatment for the pests named in this paragraph.
(i) Pending development of adequate treating facilities in Guam,
fruits and vegetables that are subject to treatment as a condition of
entry therein must first be entered and treated in accordance with the
requirements of this subpart at a U.S. port of arrival where such
treating facilities are available.
(j) The Administrator has determined that all Districts in Belize,
all Provinces in Chile, and the Department of Peten in Guatemala meet
the criteria of paragraphs (e) and (f) of this section with regard to
the insect pest Mediterranean fruit fly (Medfly) (Ceratitis capitata
[Wiedemann]). Fruits and vegetables otherwise eligible for importation
under this subpart may be imported from these areas without treatment
for Medfly.
(k) Any fruit or vegetable that is required by this subpart or the
Plant Protection and Quarantine Treatment Manual to be treated or
subjected to other growing or inspection requirements to control one or
more of the 11 species of fruit flies and one species of seed weevil
listed in Sec. 305.2(a) of this chapter as a condition of entry into the
United States may instead be treated by irradiation in accordance with
part 305 of this chapter.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 53
FR 10057, Mar. 29, 1988; 53 FR 27956, July 26, 1988; 54 FR 12873, Mar.
29, 1989; 56 FR 1731, Jan. 17, 1991; 56 FR 10790, Mar. 14, 1991; 57 FR
10976, Apr. 1, 1992; 58 FR 43497, Aug. 17, 1993; 58 FR 69179, Dec. 30,
1993; 59 FR 9382, Feb. 28, 1994; 62 FR 50235, 50238, Sept. 25, 1997; 64
FR 2994, Jan. 20, 1999; 66 FR 45158, Aug. 28, 2001; 67 FR 65029, Oct.
23, 2002]
Sec. 319.56-2a Permits required for entry of chestnuts and acorns and certain coconuts.
It has been determined that the drying and processing of chestnuts
and acorns, and of coconuts imported into Guam from the Trust Territory,
may not entirely eliminate risk of spread of injurious insects.
Therefore, notice is hereby given that chestnuts and acorns of all
varieties and species may be imported into any part of the United States
from any foreign country and coconuts may be imported into Guam from the
Trust Territory, only under permit and upon compliance with the
safeguards prescribed therein pursuant to Sec. 319.56-2.
Sec. 319.56-2b Administrative instructions; conditions governing the entry of acorns and chestnuts.
(a) Countries other than Canada and Mexico. Except for importations
of acorns and chestnuts grown in and shipped from Canada and Mexico,
acorns and chestnuts are permitted entry into the United States under
permit, for purposes other than propagation, under the provisions of
Sec. 319.56 as follows:
(1) Condition of entry. Notwithstanding Sec. 319.56-2(e) (1) and
(2), all shipments of acorns and chestnuts are required to be treated as
a condition of entry. Fumigation with methyl bromide in accordance with
procedures described in this section is effective against the chestnut
and acorn weevils, Curculio elephas (Cyllenhal) and C. nucum Linnaeus;
the nut fruit tortrix, et al., Laspeyresia splendana (Hubner),
Laspeyresia spp., and Hemimene juliana (Curtis); and other insect pests
of chestnuts and acorns. Accordingly, this
[[Page 292]]
treatment is approved as a condition of entry in connection with the
issuance of permits under Sec. 319.56-4 for the importation of chestnuts
and acorns from any country except Canada and Mexico.
(2) Ports of entry. Acorns and chestnuts to be offered for entry may
be shipped from the country of origin to United States ports which are
named in the permit.
(3) Approved fumigation. The approved treatment shall consist of
fumigation with methyl bromide. The acorns and chestnuts may be
fumigated in vacuum or normal atmospheric chambers, van containers, or
tarpaulins that have been approved for that purpose by the Plant
Protection and Quarantine Programs. When the fumigation is carried out
under tarpaulins or in van containers, it must be accomplished in a
manner satisfactory to the inspector by insuring adequate air and
commodity temperatures, and proper volatilization, distribution, and
concentration of the fumigant. Fumigation with methyl bromide shall be
in accordance with the following schedules:
(i) In chamber at normal atmospheric pressure (NAP):
------------------------------------------------------------------------
Methyl bromide
dosage in Exposed
Temperature ( deg.F.) pounds per period
1,000 cu. ft. (hours)
------------------------------------------------------------------------
90-96..................................... 4 3
80-89..................................... 4 4
70-79..................................... 5 4
60-69..................................... 5 5
50-59..................................... 6 5
40-49..................................... 6 6
------------------------------------------------------------------------
(ii) In chamber at 26'' vacuum:
------------------------------------------------------------------------
Methyl bromide
dosage in Exposed period
Temperature ( deg.F.) pounds per (hours)
1,000 cu. ft.
------------------------------------------------------------------------
80-96................................. 3 2
70-79................................. 4 2
60-69................................. 4 3
50-59................................. 4 4
40-49................................. 4 5
------------------------------------------------------------------------
(iii) In van containers or under tarpaulins: Fumiscope readings are
required to assure minimum gas concentration as specified in this
paragraph (a)(3)(iii) of this section at the end of the first one-half
hour and at the completion of the exposure period.
------------------------------------------------------------------------
Methyl bromide
dosage in Exposed period
Temperature ( deg.F.) pounds per (hours)
1,000 cu. ft.
------------------------------------------------------------------------
90-96................................. 4 3
(minimum concentration first \1/2\
hour--58 oz.).
(minimum concentration at completion--
34 oz.).
80-89................................. 4 4
(minimum concentration first \1/2\
hour--58 oz.).
(minimum concentration at completion--
32 oz.).
70-79................................. 5 4
(minimum concentration first \1/2\
hour--72 oz.).
(minimum concentration at completion--
42 oz.).
60-69................................. 5 5
(minimum concentration first \1/2\
hour--72 oz.).
(minimum concentration at completion--
40 oz.).
50-59................................. 6 5
(minimum concentration first \1/2\
hour--85 oz.).
(minimum concentration at completion--
50 oz.).
40-49................................. 6 6
(minimum concentration first \1/2\
hour--85 oz.).
(minimum concentration at completion--
48 oz.).
------------------------------------------------------------------------
The fumigation temperatures used in these treatment schedules shall be
that of the nut kernels. Acorns and chestnuts fumigated in van
containers or under tarpaulins must be stacked in the container to
provide for circulation of the fumigant under the load. Refrigerated van
containers fitted with floor grooves meet this requirement. Van
containers not fitted with floor grooves and tarpaulins should have
provision for air circulation under the load by use of dunnage or
pallets. Minimum concentrations of fumigant during the exposure period
shall be maintained as specified in the treatment schedules. Because of
the presence of various gases emitted by the nuts, special filtering
procedures will be necessary for determination of the actual fumigant
concentrations. At the end of the treatment exposure period the nuts
shall be
[[Page 293]]
aerated for a minimum of one-half hour.
(4) Supervision of treatment. The treatment approved in this section
must be conducted under the supervision of an inspector of the Plant
Protection and Quarantine Programs. The inspector shall require such
safeguards in each specific case for unloading and handling of the nuts
at the port of entry, transportation of the nuts from the place of
unloading to the treatment facilities, and their handling during
fumigation and aeration as required by paragraph (a)(3) of this section,
as he deems necessary to prevent the spread of plant pests and assure
compliance with the provisions of this subpart. If any part of the
treatment is conducted in the country of origin, the person or
organization requesting the service must enter into a formal agreement
with the Plant Protection and Quarantine Programs to secure the services
of an inspector.
(5) Costs. All costs of treatment, required safeguards, and
supervision, other than the services of the supervising inspector during
regularly assigned hours of duty and at the usual place of duty, shall
be borne by the owner of the commodity or his representative.
(6) Department not responsible for damages. The treatment prescribed
in paragraph (a)(3) of this section is judged from experimental tests to
be safe for use with acorns and chestnuts. However, the Department
assumes no responsibility for any damage sustained through or in the
course of the treatment, or because of safeguards required under
paragraph (a)(4) of this section.
(b) Canada and Mexico. Acorns and chestnuts grown in and shipped
from Canada and Mexico for purposes other than propagation are enterable
without permit or further restriction under this subpart.
(c) Nuts for propagation. Acorns and chestnuts from any country may
be imported for purposes of propagation only in accordance with
Sec. 319.37.
[37 FR 19799, Sept. 22, 1972]
Sec. 319.56-2c Administrative instructions authorizing the importation of frozen fruits and vegetables.
(a) The type of treatment designated in this subpart as freezing
shall be one of those treatments commonly known as quick freezing, sharp
freezing, or frozen pack. In general this involves an initial quick
freezing at subzero temperatures with subsequent storage and
transportation handling at not higher than 20 deg.F. Any equivalent
freezing method is also included in this designation.
(b) The Deputy Administrator of the Plant Protection and Quarantine
Programs, under authority contained in Sec. 319.56-2, hereby prescribes
freezing as a satisfactory treatment for all fruits and vegetables
enterable under permit under Sec. 319.56. Such frozen fruits and
vegetables may be imported from any country under permit, on compliance
with Secs. 319.56-1 through 319.56-7 (exclusive of non-related
administrative instructions), at such ports as shall be authorized in
the permits.
(c) Such fruits and vegetables may not be removed from the vessel or
vehicle transporting them until it has been determined by an inspector
of the Plant Protection and Quarantine Programs that they are in a
satisfactory frozen state on arrival in this country.
(d) If the temperature of the fruits or vegetables in any part of
such an importation is found to be above 20 deg.F. at the time of
inspection upon arrival, the entire shipment shall remain on board the
vessel or vehicle under such safeguards as may be prescribed by the
inspector of the Plant Protection and Quarantine Programs until the
temperature of the shipment is below 20 deg.F., or the shipment is
transported outside the United States or its territorial waters, or is
otherwise disposed of to the satisfaction of the inspector.
(e) The importation from foreign countries 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.
[[Page 294]]
(f) Freezing of fruits and vegetables as authorized in the
instructions in this section is considered necessary for the elimination
of pest risk, and no liability shall attach to the U.S. Department of
Agriculture or to any officer or representative of that Department in
the event of injury resulting to fruits or vegetables offered for entry
in accordance with the instructions in this section.
Sec. 319.56-2d Administrative instructions for cold treatments of certain imported fruits.
(a) Treatments authorized. Fresh fruits imported in accordance with
this subpart and required under this subpart to receive cold treatment
as a condition of entry must be cold treated in accordance with the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter. The cold
treatments listed in the PPQ Treatment Manual are authorized for any
fruit required to be cold treated under this subpart.
(b) Place and manner of treatments--(1) Places of precooling and
refrigeration. Refrigeration may be conducted while the fruit is on
shipboard in transit to the United States. If not so refrigerated, the
fruit must be both precooled and refrigerated after arrival only in cold
storage warehouses approved by the Deputy Administrator and located at
the following ports: Atlantic ports north of, and including, Baltimore,
MD; ports on the Great Lakes and St. Lawrence Seaway; Canadian border
ports on the North Dakota border and east of North Dakota; the maritime
ports of Wilmington, NC, Seattle, WA, and Gulfport, MS; Seattle-Tacoma
International Airport, Seattle, WA; Hartsfield-Atlanta International
Airport, Atlanta, GA; and Baltimore-Washington International and Dulles
International airports, Washington, DC. Fruit which is to be
refrigerated in transit shall be precooled either at a dockside
refrigeration plant prior to loading aboard the carrying vessel, or
aboard the carrying vessel. Refrigeration shall be completed in the
compartment or room in which it is begun.
(2) Precooling of fruit before departure. Fruit which is to be
refrigerated in transit must be precooled to the temperature designated
in or under paragraph (a) of this section. The precooling may be
conducted in accordance with either paragraph (b)(2) (i) or (ii) of this
section:
(i) Fruit may be precooled at a dockside refrigeration plant prior
to loading aboard the carrying vessel. Such fruit shall be precooled to
a temperature at which it can be transferred to the refrigerated
compartments on such vessel without a rise above the maximum temperature
prescribed in or under paragraph (a) of this section. A responsible
official of the Department of Agriculture of the country of origin shall
sample fruit temperatures in all sections of the lot of fruit until he
is satisfied that complete precooling has been accomplished in
accordance with this section and shall issue a certificate to that
effect. As the loading proceeds the certifying official shall take
frequent temperature readings of individual boxes of fruit. A record of
such temperature readings shall accompany the certificate.
(ii) Fruit may be precooled aboard the carrying vessel. Such fruit
shall be precooled in the same refrigerated compartments in which it is
to be refrigerated. The boxes of the fruit shall be spaced by horizontal
wooden strips, so that each has at least 1 inch of clearance above and
below to allow free circulation of the cooling air. At least 2 inches of
clearance shall be allowed between stacks of the fruit. Carriers
desiring consideration of alternate spacing arrangements may apply to
the Plant Protection and Quarantine Programs.
(3) Refrigeration in transit. (i) Refrigeration in transit shall
consist of holding the fruit temperature at or below the maximum
temperature level for the number of days prescribed in or under
paragraph (a) of this section. A continuous, automatic temperature
record under lock shall be maintained from at least four locations to be
designated in each refrigerated compartment by an inspector of the Plant
Protection and Quarantine Programs. In large refrigerated compartments
additional temperature elements may be required. Charts from the
temperature recording apparatus shall be made
[[Page 295]]
readily available to an inspector of such Plant Protection and
Quarantine Programs at the port of arrival.
(ii) Refrigeration shall begin when the loading of precooled fruit
has been completed or when precooling aboard the vessel has been
completed. Refrigeration shall continue until the vessel arrives at the
port of destination and the fruit is released for unloading by an
inspector of the Plant Protection and Quarantine Programs, even though
this may prolong the refrigeration beyond the required period. At least
once during every 24-hour period, the responsible ship's officer shall
sign the temperature chart, noting thereon the date and time.
(4) Safeguarding untreated fruit. Whenever fruit is offered for
entry as cold treated in transit and it cannot be established to the
satisfaction of such inspector that the fruit has received the required
cold treatment, such safeguards against the spread of fruitfly
infestation as the inspector may prescribe shall be immediately applied.
(5) Cold treatment after arrival--(i) Delivery. Fruit to be both
precooled and refrigerated after arrival in the United States shall be
delivered under the supervision of an inspector of the Plant Protection
and Quarantine Programs to the approved cold storage warehouse where
such treatment is to be conducted.
(ii) Precooling and refrigeration. The fruit must arrive at a
temperature sufficiently low to prevent insect activity and shall be
promptly precooled and refrigerated. An automatic, continuous
temperature record is required of each refrigeration, like that
prescribed in paragraph (b)(3) of this section for refrigeration in
transit. The number of records required will be designated by the
inspector for each refrigeration, depending upon the circumstances of
each operation.
(iii) Customs. Shipments offered for entry before cold treatment may
be allowed to leave customs custody under redelivery bond for cold
treatment. Final release of the shipment by the U.S. Collector of
Customs, or, in the case of Guam, by the Customs officer of the
Government of Guam, will be effected after the inspector has notified
the said Customs official that the required cold treatment has been
given.
(iv) Special requirements for the maritime port of Wilmington, NC.
Shipments of fruit arriving at the maritime port of Wilmington, NC, for
cold treatment, in addition to meeting all of the requirements in
paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the
following special conditions:
(A) Bulk shipments (those shipments which are stowed and unloaded by
the case or bin) of fruit must arrive in fruit fly-proof packaging that
prevents the escape of adult, larval, or pupal fruit flies.
(B) Bulk and containerized shipments of fruit must be cold-treated
within the area over which the Bureau of Customs is assigned the
authority to accept entries of merchandise, to collect duties, and to
enforce the various provisions of the customs and navigation laws in
force.
(C) Advance reservations for cold treatment space must be made prior
to the departure of a shipment from its port of origin.
(D) The cold treatment facility must remain locked during non-
working hours.
(v) Special requirements for the maritime port of Seattle, WA.
Shipments of fruit arriving at the maritime port of Seattle, WA, for
cold treatment, in addition to meeting all of the requirements in
paragraphs (b)(5)(i) through (b)(5)(iii) of this section, must meet the
following special conditions:
(A) Bulk shipments (those shipments which are stowed and unloaded by
the case or bin) of fruit must arrive in fruit fly-proof packaging that
prevents the escape of adult, larval, or pupal fruit flies.
(B) Bulk and containerized shipments of fruit must be cold-treated
within the area over which the Bureau of Customs is assigned the
authority to accept entries of merchandise, to collect duties, and to
enforce the various provisions of the customs and navigation laws in
force.
(C) Advance reservations for cold treatment space must be made prior
to the departure of a shipment from its port of origin.
[[Page 296]]
(D) The cold treatment facility must remain locked during non-
working hours.
(E) Blacklight or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/methyl
eugenol and McPhail traps, must be used within the 4 square miles
surrounding the cold treatment facility.
(F) The cold treatment facility must have contingency plans,
approved by the Deputy Administrator, for safely destroying or disposing
of fruit.
(vi) Special requirements for the airports of Atlanta, GA, and
Seattle, WA. Shipments of fruit arriving at the airports of Atlanta, GA,
and Seattle, WA, for cold treatment, in addition to meeting all of the
requirements in paragraphs (b)(5)(i) through (b)(5)(iii) of this
section, must meet the following special conditions:
(A) Bulk and containerized shipments of fruit must arrive in fruit
fly-proof packaging that prevents the escape of adult, larval, or pupal
fruit flies.
(B) Bulk and containerized shipments of fruit arriving for cold
treatment must be cold treated within the area over which the Bureau of
Customs is assigned the authority to accept entries of merchandise, to
collect duties, and to enforce the various provisions of the customs and
navigation laws in force.
(C) The cold treatment facility and Plant Protection and Quarantine
must agree in advance on the route by which shipments are allowed to
move between the aircraft on which they arrived at the airport and the
cold treatment facility. The movement of shipments from aircraft to cold
treatment facility will not be allowed until an acceptable route has
been agreed upon.
(D) Advance reservations for cold treatment space must be made prior
to the departure of a shipment from its port of origin.
(E) The cold treatment facility must remain locked during non-
working hours.
(F) Blacklight or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/methyl
eugenol and McPhail traps, must be used within the 4 square miles
surrounding the cold treatment facility.
(G) The cold treatment facility must have contingency plans,
approved by the Deputy Administrator, for safely destroying or disposing
of fruit.
(vii) Special requirements for the port of Gulfport, MS. Shipments
of fruit arriving at the port of Gulfport, MS, for cold treatment, in
addition to meeting all of the requirements in paragraphs (b)(5)(i)
through (b)(5)(iii) of this section, must meet the following special
conditions:
(A) All fruit entering the port for cold treatment must move in
maritime containers. No bulk shipments (those shipments which are stowed
and unloaded by the case or bin) are permitted at the port of Gulfport,
MS.
(B) Within the container, the fruit intended for cold treatment must
be enclosed in fruit fly-proof packaging that prevents the escape of
adult, larval, or pupal fruit flies.
(C) All shipments of fruit arriving at the port for cold treatment
must be cold treated within the area over which the Bureau of Customs is
assigned the authority to accept entries of merchandise, to collect
duties, and to enforce the various provisions of the customs and
navigation laws in force.
(D) The cold treatment facility and Plant Protection and Quarantine
must agree in advance on the route by which shipments are allowed to
move between the vessel on which they arrived at the port and the cold
treatment facility. The movement of shipments from vessel to cold
treatment facility will not be allowed until an acceptable route has
been agreed upon.
(E) Advance reservations for cold treatment space at the port must
be made prior to the departure of a shipment from its port of origin.
(F) Devanning, the unloading of fruit from containers into the cold
treatment facility, must adhere to the following requirements:
(1) All containers must be unloaded within the cold treatment
facility; and
(2) Untreated fruit may not be exposed to the outdoors under any
circumstances.
(G) The cold treatment facility must remain locked during non-
working hours.
[[Page 297]]
(H) Blacklight or sticky paper must be used within the cold
treatment facility, and other trapping methods, including Jackson/methyl
eugenol and McPhail traps, must be used within the 4 square miles
surrounding the cold treatment facility.
(I) During cold treatment, a backup system must be available to cold
treat the shipments of fruit should the primary system malfunction. The
facility must also have one or more reefers (cold holding rooms) and
methods of identifying lots of treated and untreated fruits.
(J) The cold treatment facility must have the ability to conduct
methyl bromide fumigations on-site.
(K) The cold treatment facility must have contingency plans,
approved by the Deputy Administrator, for safely destroying or disposing
of fruit.
(6) Containers and season of arrival. Containers should be uniform
and suitably constructed to maintain firm stacking in the compartment
throughout the voyage. Shipments may be made during any season of the
year. Untreated fruit arriving in broken containers must be immediately
repacked under the supervision of an inspector or the contents must be
immediately destroyed in a manner satisfactory to the inspector.
(7) Procedures in country of origin. (i) By arrangement between the
Deputy Administrator of the Plant Protection and Quarantine Programs and
the equivalent official in the country of origin, certifying officials
will be designated by the country of origin. Their signatures shall be
filed with the Plant Protection and Quarantine Programs.
(ii) Each container of fruit intended for intransit refrigeration
shall be stamped or marked as it is loaded on the carrying vessel so
that it can be readily identified as such. Fruit being shipped under
permit to be completely cold treated at the Port of New York or other
subsequently designated northern ports shall not be so marked.
(iii) Fruit precooled at a dockside refrigeration plant shall be
transferred to the refrigerated compartments on the carrying vessel
without a rise in temperature above the maximum for the desired
refrigeration. When this transfer has been accomplished, the certifying
official shall issue a certificate of precooling.
(iv) Fruit to be precooled on the carrying vessel in the
refrigerated compartments shall be loaded under supervision of the
certifying official to assure that all packages have the proper
clearance on all sides.
(v) Fruit in transit for cold treatment after arrival shall be
loaded in a separate compartment and segregated from any fruit that is
being refrigerated in transit.
(vi) Fruit not intended for any phase of cold treatment shall not be
loaded in the same refrigerated compartment with fruit to be given such
cold treatment.
(vii) The certifying official shall calibrate the elements of the
temperature recording instruments not more than 3 days prior to the
loading of fruit, by immersing them in a 32 deg.F. mixture of crushed
ice and fresh water, and recording their deviation from 32 deg.F. He
shall also supervise the placement of the temperature elements in the
proper places in the cargo of fruit.
(viii) The certifying official shall record the following data,
noting the date and time, on the temperature chart: (a) Commencement of
loading of each compartment, (b) insertion of the sensing elements into
the fruit, and (c) completion of loading of each compartment.
(ix) The certificate of precooling, when required, shall be issued
in quadruplicate, to cover the cargo of one vessel. The original
certificate shall be airmailed to the inspector of the Plant Protection
and Quarantine Programs in charge at the port of destination. One copy
shall accompany the carrying vessel. The third copy shall be mailed to
the Plant Protection and Quarantine Programs, Animal and Plant Health
Inspection Service, U.S. Department of Agriculture, Washington, DC
20520. A record showing calibration of the elements of the temperature
recording instruments, as required in paragraph (b)(7)(vii) of this
section shall be attached to each certificate, along with any record of
the fruit temperature readings required in paragraph (b)(2)(i) of this
section. The certificate shall also show the identifying stamp or mark
placed on all containers
[[Page 298]]
of fruit undergoing intransit refrigeration.
(8) Inspection of fruits after cold treatment for Mediterranean
fruit fly. An inspector will sample and cut fruit from each shipment
cold treated for Mediterranean fruit fly (Medfly) to monitor treatment
effectiveness. If a single live Medfly in any stage of development is
found, the shipment will be held until an investigation is completed and
appropriate remedial actions have been implemented. If APHIS determines
at any time that the safeguards contained in this section do not appear
to be effective against the Medfly, APHIS may suspend the importation of
fruits from the originating country and conduct an investigation into
the cause of the deficiency.
(c) Approval of precooling plants, refrigerated compartments,
warehouses. All precooling plants in the country of origin, the
refrigerated compartments on the carrying vessels, and cold storage
warehouses at the Port of New York or subsequently designated northern
ports must have prior approval of the Deputy Administrator of the Plant
Protection and Quarantine Programs before any phase of cold treatment is
begun. Requests for such approval shall be made to the Plant Protection
and Quarantine Programs, Animal and Plant Health Inspection Service,
U.S. Department of Agriculture, Washington, DC 20250. \1\ Hereafter
before a shipboard refrigeration installation will be approved it must
first be certified by the American Bureau of Shipping or a comparable
agency as in good order, with the insulated spaces clean and otherwise
in satisfactory condition.
---------------------------------------------------------------------------
\1\ Applications for permits to import fruit under this subpart may
be made 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.
---------------------------------------------------------------------------
(d) Caution and disclaimer. The cold treatments required for the
entry of fruit are considered necessary for the elimination of plant
pests, and no liability shall attach to the U.S. Department of
Agriculture or to any officer or representative of that Department in
the event injury results to fruit offered for entry in accordance with
these instructions. In prescribing cold treatments of certain fruits, it
should be emphasized that inexactness and carelessness in applying the
treatments may result in injury to the fruit, or its rejection for
entry. Oranges have been successfully cold treated for the false codling
moth in commercial shipments at the temperature prescribed in paragraph
(a)(2)(v) of this section. Since commercial varieties of oranges show a
wide variation in acceptable refrigeration temperatures, it is
recommended that extensive tests be made with each variety in the
country of origin before shipping in commercial quantities.
[31 FR 16601, Dec. 29, 1966; as amended at 32 FR 12832, Sept. 8, 1967;
32 FR 13215, Sept. 19, 1967; 35 FR 5031, Mar. 25, 1970; 36 FR 24917,
Dec. 24, 1971; 37 FR 10554, May 25, 1972; 59 FR 40796, Aug. 10, 1994; 59
FR 67610, Dec. 30, 1994; 61 FR 47666, Sept. 10, 1996; 67 FR 63536, Oct.
15, 2002]
Sec. 319.56-2e Administrative instructions; conditions governing the entry of cipollini from Morocco.
(a) Shipments of cipollini (Muscari comosum) from Morocco have
frequently been found infested at time of entry with an injurious
insect, Exosoma lusitanica, not known to occur in the United States. The
limited type of inspection at our disposal is not considered adequate to
detect all cases of infestation and, since the effectiveness of methyl
bromide fumigation in freeing this product from the insect in question
is now well established, it has been decided to require this fumigation
as a condition of entry for future shipments.
(b) On and after December 7, 1939, therefore, fumigation with methyl
bromide will be a condition of entry for all shipments of cipollini from
Morocco. This treatment shall be carried out under the supervision of a
plant quarantine inspector at the expense of the importer, and release
of the shipment will be withheld until the treatment has been completed.
In addition to fumigation only such inspection will be given as the
inspector may judge necessary from time to time to determine pest
conditions on arrival or to assure himself of the effectiveness of the
treatment.
(c) The entry of cipollini from Morocco may be made only through the
ports of New York and Boston at which
[[Page 299]]
ports facilities for vacuum fumigation with methyl bromide, as herein
required, are available.
[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]
Sec. 319.56-2f Administrative instructions governing importation of grapefruit, lemons, and oranges from Argentina.
Fresh grapefruit, lemons, and oranges may be imported from Argentina
into the continental United States (the contiguous 48 States, Alaska,
and the District of Columbia) only under permit and only in accordance
with this section and all other applicable requirements of this subpart.
(a) Origin requirement. The grapefruit, lemons, or oranges must have
been grown in a grove located in a region of Argentina that has been
determined to be free from citrus canker. The following regions in
Argentina have been determined to be free from citrus canker: The States
of Catamarca, Jujuy, Salta, and Tucuman.
(b) Grove requirements. The grapefruit, lemons, or oranges must have
been grown in a grove that meets the following conditions:
(1) The grove must be registered with the citrus fruit export
program of the Servicio Nacional de Sanidad y Calidad Agroalimentaria
(SENASA).
(2) The grove must be surrounded by a 150-meter-wide buffer area. No
citrus fruit grown in the buffer area may be offered for importation
into the United States.
(3) Any new citrus planting stock used in the grove must meet one of
the following requirements:
(i) The citrus planting stock originated from within a State listed
in paragraph (a) of this section; or
(ii) The citrus planting stock was obtained from a SENASA-approved
citrus stock propagation center.
(4) All fallen fruit, leaves, and branches must be removed from the
ground in the grove and the buffer area before the trees in the grove
blossom. The grove and buffer area must be inspected by SENASA before
blossom to verify that these sanitation measures have been accomplished.
(5) The grove and buffer area must be treated at least twice during
the growing season with an oil-copper oxychloride spray. The timing of
each treatment shall be determined by SENASA's expert system based on
its monitoring of climatic data, fruit susceptibility, and the presence
of disease inoculum. The application of treatments shall be monitored by
SENASA to verify proper application.
(6) The grove and buffer area must be surveyed by SENASA 20 days
before the grapefruit, lemons, or oranges are harvested to verify the
grove's freedom from citrus black spot (Guignardia citricarpa) and sweet
orange scab (Elsinoe australis). The grove's freedom from citrus black
spot and sweet orange scab shall be verified through:
(i) Visual inspection of the grove and buffer area; and
(ii) The sampling of 4 fruit from each of 298 randomly selected
trees from each grove and buffer area covering a maximum area of 800
hectares. If the area to be sampled exceeds 800 hectares, SENASA must
contact APHIS for APHIS' determination as to the number of trees to be
sampled. The sampled fruit must be taken from those portions of the
trees that are mostly likely to have infected, symptomatic fruit (i.e.
near the outer, upper part of the canopy on the sides of the tree that
receive the most sunlight). The sampled fruit must be held in the
laboratory for 20 days at 27 deg.C, 80 percent relative humidity, and
in permanent light to promote the expression of symptoms in any fruit
infected with citrus black spot.
(c) After harvest. After harvest, the grapefruit, oranges, or lemons
must be handled in accordance with the following conditions:
(1) The fruit must be moved from the grove to the packinghouse in
field boxes or containers of field boxes that are marked to show the
SENASA registration number of the grove in which the fruit was grown.
The identity of the origin of the fruit must be maintained.
(2) During the time that any grapefruit, lemons, or oranges from
groves meeting the requirements of paragraph (b) of this section are in
the packinghouse, no fruit from groves that do not meet the requirements
of paragraph (b)
[[Page 300]]
of this section may enter the packinghouse. A packinghouse technician
registered with SENASA must verify the origin of all fruit entering the
packinghouse.
(3) After arriving at the packinghouse, the fruit must be held at
room temperature for 4 days to allow bruises or other fruit damage to
become apparent.
(4) After the 4-day holding period, bruised or damaged fruit must be
culled and the fruit must be inspected by SENASA to verify its freedom
from citrus black spot and sweet orange scab. The fruit must then be
chemically treated as follows:
(i) Immersion in sodium hypochlorite (chlorine) at a concentration
of 200 parts per million for 2 minutes;
(ii) Immersion in orthophenilphenate of sodium;
(iii) Spraying with imidazole; and
(iv) Application of 2-4 thiazalil benzimidazole and wax.
(5) Before packing, the treated fruit must be individually labeled
with a sticker that identifies the packinghouse in which they were
packed and must be inspected by SENASA to verify its freedom from citrus
black spot and sweet orange scab and to ensure that all stems, leaves,
and other portions of plants have been removed from the fruit.
(6) The fruit must be packed in clean, new boxes that are marked
with the SENASA registration number of the grove in which the fruit was
grown and a statement indicating that the fruit may not be distributed
in Hawaii, Guam, the Northern Mariana Islands, Puerto Rico, the U.S.
Virgin Islands, or in any State (each of which must be individually
listed) into which the distribution of the fruit is prohibited pursuant
to paragraph (g)(1) or (g)(2) of this section.
(d) Phytosanitary certificate. Grapefruit, lemons, and oranges
offered for entry into the United States from Argentina must be
accompanied by a phytosanitary certificate issued by SENASA that states
the grapefruit, lemons, or oranges were produced and handled in
accordance with the requirements of paragraphs (a), (b), and (c) of this
section and that the grapefruit, lemons, or oranges are apparently free
from citrus black spot and sweet orange scab.
(e) Cold treatment. Due to the presence in Argentina of
Mediterranean fruit fly (Medfly) (Ceratitis capitata) and fruit flies of
the genus Anastrepha, grapefruit, lemons (except smooth-skinned lemons),
and oranges offered for entry from Argentina must be treated with an
authorized cold treatment listed in the Plant Protection and Quarantine
Treatment Manual, which is incorporated by reference at Sec. 300.1 of
this chapter. The cold treatment must be conducted in accordance with
the requirements of Sec. 319.56-2d of this subpart.
(f) Disease detection. If, during the course of any inspection or
testing required by this section or Sec. 319.56-6 of this subpart, or at
any other time, citrus black spot or sweet orange scab is detected on
any grapefruit, lemons, or oranges, APHIS and SENASA must be notified
and the grove in which the fruit was grown or is being grown shall be
removed from the SENASA citrus export program for the remainder of that
year's growing and harvest season, and the fruit harvested from that
grove may not be imported into the United States from the time of
detection through the remainder of that shipping season.
(g) Limitations on distribution. The distribution of the grapefruit,
lemons, and oranges is limited to the continental United States (the 48
contiguous States, Alaska, and the District of Columbia.). In addition,
during the 2000 through 2003 shipping seasons, the distribution of the
grapefruit, lemons, and oranges is further limited as follows:
(1) During the 2000 and 2001 shipping seasons, the fruit may be
distributed in all areas of the continental United States except
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia,
Louisiana, Mississippi, Nevada, New Mexico, Oklahoma, Oregon, Texas, and
Utah.
(2) During the 2002 and 2003 shipping seasons, the fruit may be
distributed in all areas of the continental United States except
Arizona, California, Florida, Louisiana, and Texas.
(3) For the 2004 shipping season and beyond, the fruit may be
distributed in
[[Page 301]]
all areas of the continental United States.
(h) Ports of entry. The grapefruit, lemons, and oranges may enter
the United States only through a port of entry located in a State where
the distribution of the fruit is authorized pursuant to paragraph (g) of
this section.
(i) Repackaging. If any grapefruit, lemons, or oranges are removed
from their original shipping boxes and repackaged, the stickers required
by paragraph (c)(5) of this section may not be removed or obscured and
the new boxes must be clearly marked with all the information required
by paragraph (c)(6) of this section.
(Approved by the Office of Management and Budget under control number
0579-0134)
[65 FR 37668, June 15, 2000]
Sec. 319.56-2g Administrative instructions prescribing method of treatment of garlic from specified countries.
(a) Except as otherwise provided in these administrative
instructions, fumigation with methyl bromide in vacuum fumigation
chambers, in accordance with the Plant Protection and Quarantine
Treatment Manual, which is incorporated by reference at Sec. 300.1 of
this chapter, is a condition of entry under permit for all shipments of
garlic (Allium sativum) from Algeria, Armenia, Austria, Azerbaijan,
Czech Republic, Egypt, Estonia, France, Georgia, Germany, Greece,
Hungary, Iran, Israel, Italy, Latvia, Lithuania, Moldova, Morocco,
Portugal, Romania, the area of the Russian Federation west of the Ural
Mountains, Slovakia, South Africa (Republic of), Spain, Switzerland,
Syria, Turkey, Ukraine, and the area of the former Yugoslavia.
Fumigation is to be carried out under the supervision of a plant
quarantine inspector and at the expense of the importer. While it is
believed that the garlic will be unaffected by the fumigation, the
treatment will be at the importer's risk. Such entry will be limited to
ports named in the permits, where approved facilities for vacuum
fumigation with methyl bromide are available.
(b)(1) The following alternate procedure is approved by the Deputy
Administrator of the Plant Protection and Quarantine Programs as a
condition of entry under permit for shipments of garlic (Allium sativum)
from Italy and Spain:
(i) A certificate shall be obtained from the appropriate
phytosanitary official of the country of origin to the effect that such
garlic is free of living stages of Brachycerus spp. and Dyspessa ulula
(Bkh.), said certification to be based on field inspection and
certification and subsequent reexamination at the port of departure
prior to exportation. The phytosanitary certificate to be issued by such
official shall show the shipment to be either initially free from these
pests or to have been fumigated.
(ii) The original copy of the phytosanitary certificate shall be
attached to the manifest accompanying the shipment. However, with the
consent of the Plant Quarantine inspector, the importer may arrange to
have the original phytosanitary certificate mailed direct to the
Inspector in Charge, Plant Protection and Quarantine Programs, at the
port of entry, if this will expedite inspection and release of certified
shipments. If such an arrangement is made, a copy of the phytosanitary
certificate shall be attached to the manifest accompanying the shipment.
(iii) Shipments of certified Italian or Spanish garlic will be
subject to inspection upon arrival in the United States and if found
infested with living stages of Brachycerus spp. or Dyspessa ulula (Bkh.)
shall be fumigated in accordance with paragraph (a) of this section.
(2) The entry of certified garlic under the alternate procedure
provided for in paragraph (b)(1) of this section will be limited to the
ports named in paragraph (a)(1) of this section or such other ports as
may subsequently be named in the permits.
(3) Continuance of the alternate procedure provided for in paragraph
(b)(1) of this section for the importation of Italian or Spanish garlic
is contingent upon the satisfactory observance of
[[Page 302]]
such procedure by the respective countries of origin.
[24 FR 10788, Dec. 29, 1959, as amended at 35 FR 18385, Dec. 3, 1970; 36
FR 24917, Dec. 24, 1971. Redesignated at 50 FR 9788, Mar. 12, 1985; 62
FR 50235, Sept. 25, 1997]
Sec. 319.56-2h Regulations governing the entry of grapes from Australia.
(a) Importations allowed. (1) Grapes from Australia may be imported
into the United States only if they are inspected by an inspector of the
Animal and Plant Health Inspection Service [APHIS], either in Australia
or the United States, and treated with an authorized treatment under the
supervision of an APHIS inspector for the following pests: the
Mediterranean fruit fly (Ceratitis capitata), the Queensland fruit fly
(Dacus tryoni), and the light brown apple moth (Epiphyas postvittana).
(2) If an APHIS inspector finds evidence of any other insect pests
for which a treatment authorized in the Plant Protection and Quarantine
Treatment Manual is available, the grapes will remain eligible for
importation into the United States only if they are treated for the
pests in Australia, or at their first port of arrival in the United
States, under the supervision of an APHIS inspector.
(b) Authorized treatments. Authorized treatments are listed in the
Plant Protection and Quarantine Treatment Manual, which is incorporated
by reference at Sec. 300.1 of this chapter.
(c) Trust Fund Agreement. Grapes that undergo the fumigation phase
of their treatment in Australia may be imported into the United States
only if the national plant protection service of Australia has entered
into a trust fund agreement with APHIS. This agreement requires the
national plant protection service of Australia to pay in advance all
costs that APHIS estimates it will incur in providing services in
Australia. These costs include administrative expenses and all salaries
(including overtime and the Federal share of employee benefits), travel
expenses, and other incidental expenses incurred by APHIS inspectors in
performing these services. The agreement requires the national plant
protection service of Australia to deposit a certified or cashier's
check with APHIS for the amount of these costs, as estimated by APHIS.
If the deposit is not sufficient to meet all costs incurred by APHIS,
the agreement further requires the national plant protection service of
Australia to deposit with APHIS a certified or cashier's check for the
amount of the remaining costs, as determined by APHIS, before the grapes
may be imported. After a final audit at the conclusion of each shipping
season, any overpayment of funds would be returned to the national plant
protection service of Australia, or held on account until needed.
(d) Department not responsible for damage. The treatment for grapes
from Australia prescribed in the Plant Protection and Quarantine
Treatment Manual is judged from experimental tests to be safe. However,
the Department assumes no responsibility for any damage sustained
through or in the course of such treatment.
[55 FR 25953, June 26, 1990, as amended at 67 FR 8465, Feb. 25, 2002]
Sec. 319.56-2i Administrative instructions prescribing treatments for mangoes from Central America, South America, and the West Indies.
(a) Authorized treatments. Treatment with an authorized treatment
listed in the Plant Protection and Quarantine Treatment Manual will meet
the treatment requirements imposed under Sec. 319.56-2 as a condition
for the importation into the United States of mangoes from Central
America, South America, and the West Indies. The Plant Protection and
Quarantine Treatment Manual is incorporated by reference at Sec. 300.1
of this chapter.
(b) Department not responsible for damage. The treatments for
mangoes prescribed in the Plant Protection and Quarantine Treatment
Manual are judged from experimental tests to be safe. However, the
Department assumes no responsibility for any damage sustained through or
in the course of such treatment.
[65 FR 37669, June 15, 2000, as amended at 67 FR 8466, Feb. 25, 2002]
[[Page 303]]
Sec. 319.56-2j Conditions governing the entry of apples and pears from Australia (including Tasmania) and New Zealand. \2\
---------------------------------------------------------------------------
\2\ Apples and pears from Australia (excluding Tasmania) where
certain tropical fruit flies occur are also subject to the cold
treatment requirements of Sec. 319.56-2d.
---------------------------------------------------------------------------
Apples and pears from Australia (including Tasmania) and New Zealand
may be imported only in accordance with Sec. 319.56-2(e) (2) or (3) and
under permit and in compliance with this section and the other
requirements of this subpart.
(a) Conditions of entry--(1) Statistical sample inspection. A
biometrically designed statistical sample will be taken under
Sec. 319.56-6 by the inspector of the plant protection and quarantine
programs from each shipment \3\ of apples and each shipment of pears
moved from New Zealand or Australia (including Tasmania), that are
offered for entry into the United States and, if inspection of such
sample discloses that pests of the family Tortricidae (fruit-leaf roller
complex) which are dangerous and destructive pests of apples and pears
are not present in the shipment sampled and the shipment therefore does
not present a risk of introducing such pest, such fruit may be imported
under Sec. 319.56-2(e)(2) without treatment as prescribed in paragraph
(a)(2) of this section. If any such pests are found on such inspection
the shipment must be treated as prescribed in paragraph (a)(2) of this
section.
---------------------------------------------------------------------------
\3\A shipment is defined as all of a type (genus) of fruit from the
same country of origin offered at a U.S. port and from a single carrier,
regardless of marks and numbers, growers' lots, Customs entries, or
numbers of importers involved.
---------------------------------------------------------------------------
(2) Approved fumigation. Fumigation with methyl bromide in
accordance with procedures described in this section is effective
against certain insect pests of the family Tortricidae found in
Australia (including Tasmania) and New Zealand. Accordingly, this
treatment is required as a condition of entry under Sec. 319.56-2(e)(3)
for any shipment of apples or pears required to be treated under
paragraph (a)(1) of this section.
The fruit may be fumigated in normal atmospheric chambers, under
tarpaulins, in van trucks or other enclosures that have been approved
for that purpose by an inspector of the plant protection and quarantine
programs. When the fumigation is carried out, it must be accomplished in
a manner satisfactory to the inspector to insure adequate air and
commodity temperatures, and proper volatilization, distribution, and
concentration of the fumigant, for effective destruction of all such
pests present. Apples and pears to be fumigated may be packed in wooden
crates, fiberboard cartons, or other gas-permeable containers. The fruit
must be packed so as to provide for maximum distribution of the
fumigant. If the fruit is packed in a gas-impervious liner, the liner
must be perforated to provide for the entry and aeration of the methyl
bromide gas. The individual fruit may be wrapped with tissue paper.
Cubic feet of space under fumigation shall include the load of fruit to
be fumigated. The exposure period shall begin when all the fumigant
which has been introduced into the chamber or enclosure has been
volatilized. The fumigation temperatures required in these treatments
shall be that of the pulp temperatures of the fruit. Fumigation with
methyl bromide shall be in accordance with the following schedules:
(i) Chamber: \1\
---------------------------------------------------------------------------
\1\ MB=methyl bromide; NAP=normal atmospheric pressure.
MB at NAP............................... 1\1/2\ lb for 2 hours at 80-89
deg.F.
2 lb for 2 hours at 70 deg.-79
deg.F.
2\1/2\ lb for 2 hours at 60-69
deg.F.
3 lb for 2 hours at 50-59
deg.F.
4 lb for 2 hours at 40-49
deg.F.
(ii) Tarpaulin truck van and refrigerator railway car fumigation:
[[Page 304]]
MB at NAP............................... 1\1/2\ lb/1,000 ft\3\ for 2\1/
2\ hours at 80-89 deg.F. (18
oz minimum gas concentration
at \1/2\ hour) (14 oz minimum
gas concentration at 2\1/2\
hours). 2 lbs/1,000 ft\3\ for
2\1/2\ hours at 70-79 deg.F.
(25 oz minimum gas
concentration at \1/2\ hour)
(18 oz minimum gas
concentration at 2\1/2\
hours). 2\1/2\ lbs/1,000
ft\3\ for 2\1/2\ hours at 60-
69 deg.F. (31 oz minimum gas
concentration at \1/2\ hour)
(24 oz minimum gas
concentration at 2\1/2\
hours). 3 lbs/1,000 ft\3\ for
2\1/2\ hours at 50 -59
deg.F. (36 oz minimum gas
concentration at \1/2\ hour)
(28 oz. minimum gas
concentration at 2\1/2\
hours). 4 lb/1,000 ft\3\ for
2\1/2\ hours at 40-49 deg.F.
(45 oz minimum gas
concentration at \1/2\ hour)
(34 oz minimum gas
concentration at 2\1/2\
hours).
(3) Ports of entry. Apples and pears to be offered for entry under
this section may be shipped to any U.S. port where inspectors are
located and which are named in the permit.
(4) Supervision of treatment. The treatment approved in this section
must be conducted under the supervision of an inspector of the plant
protection and quarantine programs. The inspector shall require such
safeguards in each specific case for unloading and handling of the fruit
at the port of entry, transportation of the fruit from the place of
unloading to the treatment facilities, and its handling during
fumigation and aeration as required by paragraph (a)(2) of this section,
as he deems necessary to prevent the spread of insect pests and assure
compliance with the provisions of this subpart.
(5) Costs. All costs of treatment, required safeguards, and
supervision, other than the services of the supervising inspector during
regularly assigned hours of duty and at the usual place of duty, shall
be borne by the owner of the fruit or his representative.
(6) Department not responsible for damages. The treatment prescribed
in paragraph (a)(2) of this section is judged from experimental tests
and uses for quarantine purposes to be safe for fumigation of apples and
pears. However, the Department assumes no responsibility for any damage
sustained through or in the course of the treatment or because of
safeguards required under paragraph (a)(4) of this section.
[38 FR 9005, Apr. 9, 1973, as amended at 47 FR 13320, Mar. 30, 1982.
Redesignated at 50 FR 9788, Mar. 12, 1985]
Sec. 319.56-2k Administrative instructions prescribing method of fumigation of field-grown grapes from specified countries.
Approved fumigation with methyl bromide at normal atmospheric
pressure, in accordance with the following procedure, is hereby
prescribed as a condition of entry under permit for all shipments of
field-grown grapes from the continental countries of southern and middle
Europe, North Africa, and the Near East listed in paragraph (a) of this
section. This fumigation shall be in addition to other conditions
prescribed in the permit as conditions of entry for field-grown grapes
from the areas named.
(a) Continental countries of southern and middle Europe, North
Africa, and the Near East. As used in this section, the term
``continental countries of southern and middle Europe, North Africa, and
the Near East'' means Algeria, Austria, Bulgaria, Cyprus, Egypt, France,
Germany, Greece, Hungary, Israel, Italy, Libya, Luxembourg, Portugal,
Spain, Switzerland, Syria, and Union of Soviet Socialist Republics.
(b) Ports of entry. Grapes to be offered for entry must be shipped
from the country of origin to New York or such other North Atlantic
ports as may be named in the permit.
(c) Precooling of fruit. Grapes to be offered for entry must be
shipped under refrigeration and the fruit may not be removed from the
vessel until the inspector has satisfied himself that this requirement
has been complied with and that the fruit can be moved promptly for
treatment without danger of plant pest dissemination. \1\
---------------------------------------------------------------------------
\1\ Grapes from countries where the Mediterranean fruit fly occurs
are subject to the cold treatment as described in Sec. 319.56-2d. Under
certain conditions such treatment may be effected in transit or upon
arrival at the port of New York.
---------------------------------------------------------------------------
(d) Approved fumigation. Approved fumigation shall consist of
fumigation
[[Page 305]]
with methyl bromide at normal atmospheric pressure in a fumigation
chamber that has been approved for that purpose by the Plant Protection
and Quarantine Programs. The fumigation may also be accomplished under
tarpaulins in a manner, satisfactory to the inspector, that will insure
adequate air and fruit temperatures, volatilization, distribution, and
concentration of the fumigant. Such fumigation shall be in accordance
with the following fumigation schedule:
------------------------------------------------------------------------
Methyl bromide
dosage in pounds Exposure
Temperature, degrees F. per 1,000 cubic time--hours
feet
------------------------------------------------------------------------
70-79................................. 2 2\1/2\
60-69................................. 2\1/2\ 2\1/2\
50-59................................. 3 2\1/2\
40-49................................. 3\1/2\ 2\1/2\
------------------------------------------------------------------------
(e) Supervision of fumigation. Inspectors of the Plant Protection
and Quarantine Programs shall supervise the fumigation of grapes and
shall prescribe such safeguards as may be necessary for unloading,
handling, and transportation preparatory to fumigation or other
treatment. The final release of the fruit for entry into the United
States will be conditioned upon compliance with prescribed safeguards
and required treatments.
(f) Costs. All costs of treatment and required safeguards and
supervision, other than the services of the supervising inspector during
regularly assigned hours of duty and at the usual place of duty, shall
be borne by the owner of the grapes or his representative.
(g) Department not responsible for damage. The treatment prescribed
in paragraph (d) of this section is judged from experimental tests to be
safe for use with field-grown grapes. However, the Department assumes no
responsibility for any damage sustained through or in the course of such
treatment or by compliance with requirements under paragraph (e) of this
section or in the precooling of fruit required prior to unloading from
the vessel.
[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]
Sec. 319.56-2l Administrative instructions prescribing method of treatment of imported yams.
(a) Fumigation upon arrival. Except as otherwise provided in
paragraph (b) of this section, approved fumigation with methyl bromide
at normal atmospheric pressure, in accordance with the following
procedure, upon arrival at the port of entry, is hereby prescribed as a
condition of importation under permit under Sec. 319.56-2 for shipments
of yams from all foreign countries.
(1) Ports of entry. Yams to be offered for entry may be shipped,
under permit under Sec. 319.56-2, direct from the country of origin to
ports in the United States where approved fumigation facilities are
available.
(2) Approved fumigation. (i) The approved fumigation shall consist
of fumigation with methyl bromide at normal atmospheric pressure, in a
fumigation chamber that has been approved for that purpose by the Plant
Protection and Quarantine Programs. The dosage shall be applied at the
following rates:
------------------------------------------------------------------------
Dosage (pounds of Exposure
Temperature, ( deg.F.) methyl bromide per period
1,000 cubic feet) (hours)
------------------------------------------------------------------------
90-96................................. 2.5 4
80-89................................. 3.0 4
70-79................................. 3.5 4
------------------------------------------------------------------------
(ii) Yams to be fumigated may be packed in slatted crates or other
gas-permeable containers. The fumigation chamber shall not be loaded to
more than two-thirds of its capacity. The four-hour exposure period
shall begin when all the fumigant has been introduced into the chamber
and volatilized. Cubic feet of space shall include the load of yams to
be fumigated. The required temperatures apply to both the air and the
yams. Good circulation above and below the load shall be provided as
soon as the yams are loaded in the chamber and shall continue during the
full period of fumigation and until the yams have been removed to a
well-ventilated location. Fumigation of yams below the minimum
temperature prescribed in the fumigation schedule may result in injury
to the yams and should be avoided. Yams are sensitive to bruising and
should be carefully
[[Page 306]]
packed to prevent this. At the same time they should be given as much
aeration as possible.
(3) Other conditions. (i) Inspectors of the Plant Protection and
Quarantine Programs will supervise the fumigation of yams and will
specify such safeguards as may be necessary for their handling and
transportation before and after fumigation, if, in the opinion of the
inspector, this is necessary to assure there will be no pest risk
associated with the importation and treatment. Final release of the yams
for entry into the United States will be conditioned upon compliance
with the specified safeguards.
(ii) Supervision of approved fumigation chambers will, if
practicable, be carried on as a part of normal port inspection
activities. When so available such supervision will be furnished without
cost to the owner of the yams or his representative.
(4) Costs. All costs of treatment and required safeguards and
supervision, other than the services of the supervising inspector during
regularly assigned hours of duty and at the usual place of duty, shall
be borne by the owner of the yams, or his representative.
(5) Department not responsible for damage. While the prescribed
treatment is judged from experimental tests to be safe for use with
yams, the Department assumes no responsibility for any damage sustained
through or in the course of treatment or because of pretreatment or
posttreatment safeguards.
(b) Alternate procedures. (1) Yams produced in Japan and offered for
entry under a permit issued in accordance with Sec. 319.56-2 shall be
subject to examination by an inspector at the port of entry. If this
examination shows the yams to be free of plant pests, they may be
imported without the fumigation required by paragraph (a) of this
section.
(2) Yams produced in Cuba, if satisfactorily treated in Cuba and
otherwise handled and certified as provided in this subparagraph will be
eligible for entry under permit under Sec. 319.56-2.
(i) Approved fumigation. The yams shall be fumigated at approved
plants in Cuba in accordance with paragraph (a)(2) of this section.
(ii) Approval of fumigation plants; costs of supervision. Fumigation
in Cuba will be contingent upon the availability of a fumigation plant,
approved by the Deputy Administrator of the Plant Protection and
Quarantine Programs, to apply the treatment prescribed in paragraph
(a)(2) of this section and upon the availability of qualified personnel
for assignment to approve the plant and to supervise the treatment and
posttreatment handling of the yams in Cuba. Those in interest must make
advance arrangements for approval of the fumigation plant and for
supervision, and furnish the Deputy Administrator of the Plant
Protection and Quarantine Programs with acceptable assurances that they
will provide, without cost to the United States Department of
Agriculture, for all transportation, per diem, and other incidental
expenses of such personnel and compensation for such personnel for their
services in excess of 40 hours weekly, in connection with such approval
and supervision, according to the rates established for the payment of
inspectors of the Plant Protection and Quarantine Programs.
(iii) Supervision of fumigation and subsequent handling. The
fumigation prescribed in this paragraph and the subsequent handling of
the yams so fumigated must be under the supervision of a representative
of the Plant Protection and Quarantine Programs. The treated yams must
be safeguarded against insect infestation during the period prior to
shipment from Cuba, in a manner required by such representative.
(iv) Certification. Yams will be certified by a representative of
the Plant Protection and Quarantine Programs in Cuba for entry into the
United States upon the basis of treatment under this subparagraph and
compliance with the posttreatment safeguard requirements imposed by such
representative. The final release of the yams for entry into the United
States will be conditioned upon compliance with such requirements and
upon satisfactory inspection on arrival to determine efficacy of
treatment.
[[Page 307]]
(v) Costs. All costs incident to fumigation, including those for
construction, equipping, maintaining and operating fumigation plants and
facilities, and carrying out requirements of posttreatment safeguards,
and all costs as indicated in paragraph (b)(2)(ii) of this section
incident to plant approval and supervision of treatment and subsequent
handling of the yams in Cuba shall be borne by the owner of the yams or
his representative.
(vi) Department not responsible for damage. The treatment prescribed
in paragraph (a)(2) of this section is judged from experimental tests to
be safe for use with yams. However, the Department assumes no
responsibility for any damage sustained through or in the course of
treatment, or because of posttreatment safeguards.
(vii) Ports of entry. Yams to be offered for entry in accordance
with the alternate procedure provided for in this subparagraph may be
entered under permit under Sec. 319.56-2 at any United States port where
an inspector is stationed.
(viii) Ineligible shipments. Any shipments of yams produced in Cuba
that are not eligible for certification under the alternate procedure
provided for in this paragraph may enter only upon compliance with
paragraph (a) of this section.
[24 FR 10788, Dec. 29, 1959. Redesignated at 50 FR 9788, Mar. 12, 1985]
Sec. 319.56-2m Administrative instructions prescribing method of fumigation of apricots, grapes, nectarines, peaches, plumcot, and plums from Chile.
Approved fumigation with methyl bromide at normal atmospheric
pressure, in accordance with the following procedure, is hereby
prescribed as a condition of entry under permit for all shipments of
apricots, grapes, nectarines, peaches, plumcot, and plums from Chile.
This fumigation shall be in addition to other conditions that may be
prescribed in the permit, such as a limitation as to origin, and
requirements as to marking containers, safeguarding shipments from fruit
fly infestation, and obtaining Chilean certification.
(a) Ports of entry. (1) Grapes from Chile may be imported through
all maritime ports when approved facilities are available for fumigation
in approved chambers or under tarpaulins.
(2) Apricots, nectarines, peaches, plumcot, and plums from Chile may
be imported through ports on the Great Lakes, or on the Atlantic and
Gulf Coasts (exclusive of Florida ports), subject to the availability of
such approved fumigation facilities.
(b) Approved fumigation. Approved fumigation shall consist of
fumigation with methyl bromide at normal atmospheric pressure in a
fumigation chamber that has been approved for that purpose by the Plant
Protection and Quarantine Programs. The fumigation may also be
accomplished under tarpaulins in a manner, satisfactory to the
inspector, that will ensure adequate air and fruit temperatures, and
volatilization, distribution, and concentration of the fumigant. The
treatment period shall be 2 hours for chamber fumigation and 2\1/2\
hours for tarpaulin fumigation, and the load shall not exceed 80 percent
of the chamber volume or area enclosed by the tarpaulin. The fumigation
shall be in accordance with the following schedule:
------------------------------------------------------------------------
Dosage--pounds of methyl
Temperature ( deg.F.) bromide per 1,000 cu. ft.
------------------------------------------------------------------------
80-89 (inclusive).......................... 1\1/2\
70-79 (inclusive).......................... 2
60-69 (inclusive).......................... 2\1/2\
50-59 (inclusive).......................... 3
40-49 (inclusive).......................... 4
------------------------------------------------------------------------
(c) Supervision of fumigation. Inspectors of the Plant Protection
and Quarantine Programs shall supervise the fumigation of apricots,
grapes, nectarines, peaches, plumcot, and plums from Chile and shall
prescribe such safeguards as may be necessary for unloading, handling,
and transportation preparatory to fumigation or other treatment. The
final release of the fruit for entry into the United States will be
conditioned upon compliance with prescribed safeguards and required
treatments.
(d) Costs. All costs of treatment and required safeguards and
supervision, other than the services of the supervising inspector during
regularly assigned hours of duty and at the usual
[[Page 308]]
place of duty, shall be borne by the owner of the fruits or his
representative.
(e) Department not responsible for damage. The treatment prescribed
in paragraph (b) of this section is judged from experimental tests to be
safe for use with apricots, grapes, nectarines, peaches, plumcot, and
plums from Chile. However, the Department assumes no responsibility for
any damage sustained through or in the course of such treatment or by
compliance with requirements under paragraph (c) of this section.
[25 FR 10865, Nov. 16, 1960, as amended at 36 FR 24917, Dec. 24, 1971.
Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985;
58 FR 69179, Dec. 30, 1993]
Sec. 319.56-2n Administrative instructions prescribing a combination treatment of fumigation plus refrigeration for certain fruits.
Fumigation with methyl bromide at normal atmospheric pressure
followed by refrigerated storage, in accordance with the procedures
described in this section, is specific for the Mediterranean fruit fly,
the oriental fruit fly, and the grape vine moth, and for certain pests
of grapes and other fruit from Chile, but may not be effective against
certain other dangerous pests of fruit. Accordingly this treatment will
be approved for use as an alternative method of treatment to the methods
prescribed in Sec. 319.56-2d and Sec. 319.56-2n, in connection with the
issuance of permits under Sec. 319.56-4 for the importation of fruits
from any country when it is determined that the pest risk involved in
the proposed importation is such that it will be eliminated by this
treatment.
(a) Ports of entry. Fruits to be offered for entry may be shipped
from the country of origin to United States ports which are named in the
permit.
(b) Approved treatment. The phases of the combination treatment
shall consist of fumigation and aeration, and a precooling and
refrigeration period. The fumigation dosage rates and refrigeration
periods are designated in the following table:
[[Page 309]]
----------------------------------------------------------------------------------------------------------------
Days of refrigeration at--
Methyl bromide at 70 deg.F. or Exposure period ---------------------------------------------------------------
above dosage 33-37 deg.F. 34-40 deg.F. 43-47 deg.F. 50-56 deg.F.
----------------------------------------------------------------------------------------------------------------
2 pounds/1000 cubic feet....... 2 hours 4 11
2 pounds/1000 cubic feet....... 2\1/2\ hours 4 6 10
2 pounds/1000 cubic feet....... 3 hours 3 6
----------------------------------------------------------------------------------------------------------------
[[Page 310]]
(1) Fumigation and aeration. The approved fumigation shall consist
of fumigation with methyl bromide at 70 deg.F. or above at normal
atmospheric pressure in a fumigation chamber that has been approved for
that purpose by the Plant Protection and Quarantine Programs. The
fumigation may also be accomplished under tarpaulins, in a manner
satisfactory to the inspector, that will insure adequate air circulation
and proper volatilization, distribution, and concentration of the
fumigant. The fruit may be packed in field boxes, slatted crates, or
well-perforated, unwaxed cardboard cartons with approved packing
material such as wood excelsior or cardboard dividers. The fruit may be
individually wrapped with conventional tissue which is gas permeable.
When stacking the fruit for fumigation, spacing must be provided to
insure adequate gas circulation. The load shall not exceed 80 percent of
the volume of the area under fumigation. Following the fumigation, an
aeration period of 2 hours is required.
(2) Precooling and refrigeration period. At the conclusion of the
aeration period, the fruit shall be precooled and refrigerated in
approved facilities for any one of the periods designated in the table
in this section. Cooling shall begin as soon as possible after the
aeration period, but in no event may the time lapse between the
termination of fumigation and the beginning of the precooling exceed 24
hours. Cooling to the required refrigeration temperature shall be
effected as soon as possible. The refrigeration period shall not
commence until the fruit pulp temperatures indicate the prescribed
temperature range has been reached.
(c) Supervision of treatment and subsequent handling. The treatment
approved in this section and the subsequent handling of the fruit so
treated must be conducted under the supervision of an inspector of the
Plant Protection and Quarantine Programs. If any part of the treatment
is conducted in the country of origin, the organization requesting the
service must enter into a formal agreement with this Plant Protection
and Quarantine Programs to secure the services of an inspector.
(d) Costs. All costs of treatment, required safeguards, and
supervision of treatments by the inspector shall be borne by the owner
of the fruit, or his representative, when the treatment is given in
foreign countries. There is no charge for supervision of treatments
given at authorized U.S. ports of entry during regularly scheduled hours
of duty.
(e) Department not responsible for damage. The treatment prescribed
in paragraph (b) of this section is judged from limited experimental
tests to be safe for use with fruits likely to be infested with the
Mediterranean fruit fly or the oriental fruit fly, or with the grape
vine moth or other pests of grapes or other fruits from Chile. However,
the Department assumes no responsibility for any damage sustained
through or in the course of the treatment. There has not been an
opportunity to test the treatment on all varieties of fruits that may be
offered for entry from various countries. It is recommended that the
phytotoxicity of the treatment to the variety to be shipped shall be
tested by exporters in the country of origin or by means of test
shipments sent to this country.
[35 FR 283, Jan. 8, 1970, as amended at 36 FR 24917, Dec. 24, 1971.
Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985]
Sec. 319.56-2o Administrative instructions prescribing method of treatment of avocados for the Mediterranean fruit fly, the melon fly, and the oriental fruit
fly.
Fumigation with methyl bromide at normal atmospheric pressure
followed by refrigerated storage in accordance with the procedures
described in this section is effective against the Mediterranean fruit
fly, the melon fly, and the oriental fruit fly in avocados but is not
effective against other dangerous pests of this fruit. Accordingly, this
treatment will be approved for treatment of avocados in connection with
the issuance of permits under Sec. 319.56-4 for the importation of
avocados from any country when it is determined that the pest risk
involved in the proposed importation is such that it will be eliminated
by this treatment.
[[Page 311]]
(a) Ports of entry. Avocados offered for entry will be regulated by
one of the following provisions:
(1) Avocados certified as having received the combined fumigation-
refrigeration treatment in the country of origin immediately prior to
shipment are enterable at all ports under permit.
(2) Avocados certified as having been fumigated in the country of
origin and which are receiving the refrigeration storage on board
approved transiting vessels are enterable at the U.S. ports named in the
permit upon completion of the refrigerated storage period.
(3) Avocados which have not been treated are enterable at the ports
named in the permit for treatment upon arrival.
(b) Approved treatment. The phases of the combination treatment
shall consist of fumigation and aeration; and a precooling and
refrigeration period.
(1) The fumigant shall be methyl bromide applied at normal
atmospheric pressure in an enclosure which has been approved for that
purpose by the Plant Protection and Quarantine Programs. The dosage
shall be two pounds per 1,000 cubic feet for 2\1/2\ hours at 70 deg.F.
or above. At the conclusion of the 2\1/2\-hour exposure period, the
avocados shall be aerated for minimum of 30 minutes. Avocados to be
fumigated shall be restricted to fruit at the mature green stage of
development and be arranged in ventilated wooden boxes, without packing
material or wrappings. Fumigation chambers should not be loaded to more
than two-thirds of their capacity. Tarpaulin enclosures should not be
loaded to more than 80 percent of their capacity. The 2\1/2\-hour
exposure period shall begin when all the fumigant has been volatilized
and introduced into the enclosure. Forced circulation above and below
the load, and between individual containers, shall be provided as soon
as the avocados are loaded in the chamber and shall continue during the
full period of fumigation and until the avocados have been removed to a
well ventilated location.
(2) The refrigerated phase of the treatment shall consist of
refrigeration for 7 days at 45 deg.F. or below. Cooling of the fruit
must begin within 24 hours following the fumigation. The refrigerated
storage shall consist of 7 days at fruit pulp temperature of 45 deg.F.
or below. The time required to cool the pulp temperature to 45 deg.F.
or below may be included in the 7-day period provided the cooling is
accomplished in 24 hours or less. Temperature sensors inserted in the
avocados will determine when pulp temperatures have reached 45 deg.F.
or below.
(c) Supervision of treatments and subsequent handling. The treatment
approved in this section and the subsequent handling of the avocados so
treated must be conducted under the supervision of an Inspector of the
Plant Protection and Quarantine Programs. If any part of the treatment
is conducted in the country of origin, the organization requesting the
service must enter into a formal agreement with this Plant Protection
and Quarantine Programs to secure the services of an inspector.
(d) Costs. All costs of treatment, required safeguards, and
supervision of treatments by the inspector shall be borne by the owner
of the avocados or his representative when the treatment is given in
foreign countries. There is no charge for supervision of treatments
given at authorized U.S. ports of entry during regularly scheduled hours
of duty.
(e) Department not responsible for damage. The treatment prescribed
in paragraph (b) of this section is judged from experimental tests to be
safe for use on avocados at the mature green stage of development.
However, the Department of Agriculture assumes no responsibility for any
damage sustained through or in the course of treatment. There has not
been an opportunity to test the treatment on all varieties of avocados
that may be offered for entry from various countries. It is recommended
that the phytotoxicity of the treatment to the variety to be shipped
shall be tested by exporters in the country of origin or by means of
test shipments sent to this country.
[35 FR 2503, Feb. 4, 1970, as amended at 36 FR 24917, Dec. 24, 1971.
Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985]
[[Page 312]]
Sec. 319.56-2p Administrative instructions prescribing treatment and relieving restrictions regarding importation of okra from Mexico, the West Indies, and
certain countries in South America.
(a) Conditions for issuance of permits. (1) Under Sec. 319.56-2,
okra may be imported under permit and in compliance with the regulations
in this subpart, from Mexico, the West Indies, Colombia, Ecuador, Peru,
Suriname and Venezuela and any other South American country specified in
the permit, upon presentation of evidence that it has been treated in
accordance with the procedure prescribed in paragraph (b) of this
section.
(2) Further, it is hereby determined, pursuant to Sec. 319.56, that
existing conditions as to the pest risk involved in the importation of
okra from such countries make it safe to make less stringent the
restrictions contained in Sec. 319.56-2, by allowing the importation of
okra, as provided in paragraphs (c), (d), and (e) of this section
without routinely requiring such treatment.
(3) As used in this section--(i) West Indies means the foreign
islands lying between North and South America, the Caribbean Sea, and
the Atlantic Ocean, divided into the Bahamas, the Greater Antilles, and
the Lesser Antilles (including the Leeward Islands, the Windward
Islands, and the islands north of Venezuela);
(ii) Inspector means an inspector of the Plant Protection and
Quarantine Programs, Animal and Plant Health Inspection Service of the
Department of Agriculture;
(iii) Enter into the United States means to introduce into the
commerce of the United States after release from government detention;
(iv) Import into the United States means to bring within the
territorial limits of the United States;
(v) Port of arrival means the first place at which a carrier
containing okra stops to unload cargo after coming within the
territorial limits of the United States;
(vi) Permit means a document issued for an article by Plant
Protection and Quarantine, Animal and Plant Health Inspection Service,
United States Department of Agriculture, stating that the article is
eligible for importation into the United States; and
(vii) United States means the several states of the United States,
the District of Columbia, the Northern Mariana Islands, Puerto Rico, and
all other territories and possessions of the United States.''
(b) Authorized treatment procedure. (1) The treatment shall consist
of fumigation with methyl bromide at normal atmospheric pressure, under
supervision, in a fumigation chamber which has been approved for that
purpose, as prescribed in this section. This treatment is specific for
the pink bollworm (Pectinophora gossypiella (Saunders) which is known to
occur in Mexico, the West Indies, and South America. Under certain
cultural conditions this pest will infest okra.
(2) Approval of fumigation chambers. (i) Fumigation chambers in the
United States or elsewhere will be approved only if they are properly
constructed and adequately equipped to handle and treat okra. Within the
United States the chambers must be located within the practicable
supervisory range of inspectors of the Plant Protection and Quarantine
Programs stationed at the ports of entry authorized in permits for the
importation of okra. Approval of fumigation chambers outside the United
States will depend upon the availability of qualified inspectors for
assignment to supervise the treatment and posttreatment handling of
okra.
(ii) Determination of eligibility for approval under this section of
fumigation plants will be made by an inspector of the Plant Protection
and Quarantine Programs.
(3) Fumigation schedule. Such fumigation shall be in accordance with
the following fumigation schedule:
------------------------------------------------------------------------
Dosage (pounds of Exposure
Temperature ( deg.F.) methyl bromide per period
1,000 cubic feet) (hours)
------------------------------------------------------------------------
90-96............................... 1.0 2
80-89............................... 1.5 2
70-79............................... 2.0 2
60-69............................... 2.5 2
50-59............................... 3.0 2
40-49............................... 3.5 2
------------------------------------------------------------------------
(4) Fumigation procedure. Okra to be fumigated may be packed in
slatted crates or other gas-permeable containers. The fumigation chamber
shall
[[Page 313]]
not be loaded to more than two-thirds of its capacity. The containers
may be stacked one on top of another, but a 3- to 4-inch space must be
provided between all containers throughout the load. Good air
circulation above and below the load shall be provided as soon as the
okra is loaded and must be continued during the full period of
fumigation and until the okra has been removed to a well-ventilated
location. Strong blasts of air should not be directed against the okra.
Fumigation at temperatures in excess of 90 deg.F. may result in injury
to okra and should be avoided if possible. Past experience indicates
that injury may also result from excess moisture, such as residual
moisture from harvesting when dew-covered.
(5) Supervision of fumigation--(i) Other than interior of Mexico.
Inspectors will supervise the fumigation of okra at approved fumigation
plants in locations other than those in the interior of Mexico and will
specify safeguards in specific cases for the packing, other handling and
transportation of the okra before and subsequent to fumigation, if, in
the opinion of the inspector, this is necessary to assure that there
will be no risk of introducing plant pests into the United States
associated with the treatment and importation of the okra. The final
release of the okra for entry into the United States will be conditioned
upon compliance with the specified safeguards. Such supervision at
plants within the United States will be carried on as a part of normal
port inspection activities.
(ii) Interior of Mexico. Inspectors will supervise the fumigation of
okra at approved fumigation plants in the interior of Mexico and will
prescribe safeguards in specific cases for the packing and other
handling of the okra at the treating plant and the transportation of the
okra from the time it leaves the treating plant until it reaches the
U.S. port of entry, if in the opinion of the inspector this is necessary
to assure that there will be no risk of introducing plant pests into the
United States associated with the treatment and importation of the okra.
The final release of the okra for entry into the United States will be
conditioned upon compliance with the prescribed safeguards.
(6) Ports of entry. Okra required to be treated for the pink
bollworm may be imported into the United States only at New Orleans or
such other South Atlantic or gulf ports with approved treatment
facilities as may be named in the permit, except that, in addition,
Mexican okra required to be treated for the pink bollworm may be
imported into the United States at Mexican Border ports named in the
permit.
(7) Costs. Persons desiring to import okra required to be treated
under this section must make advance arrangements for approval of the
fumigation plant and for supervision of the fumigation by an authorized
inspector. All costs of constructing, maintaining, and operating
fumigation plants and facilities, and carrying out specified
pretreatment and posttreatment safeguards, and all additional costs to
the Department arising from supervision under this section, by an
inspector away from his regular place of official duty or outside of his
regular hours of official duty (including as appropriate, base salary,
overtime and holiday pay, travel subsistence, transportation, employee
benefits, and incidental expenses) shall be borne by the owner of the
okra or his representative. Where normal inspection activities preclude
the furnishing of supervision during regularly assigned hours of duty,
supervision will be furnished on a reimbursable basis. The owner of the
okra or his representative must furnish the Deputy Administrator of the
Plant Protection and Quarantine Programs with acceptable assurances that
he will provide funds to the U.S. Department of Agriculture to cover all
costs of supervision, in accordance with Secs. 354.1 and 354.2 of this
chapter and this paragraph.
(8) Department not responsible for damage. While the prescribed
treatment is judged from experimental tests to be safe for use with
okra, the Department assumes no responsibility for any damage sustained
through or in the course of treatment or because of pretreatment or
posttreatment safeguards. There has not been an opportunity to test
these treatments under
[[Page 314]]
all conditions or on all okra varieties or on okra from all areas
involved.
(c) Importations of okra without treatment from the Dominican
Republic, Mexico, and Suriname Okra produced in the Dominican Republic,
Mexico, or Suriname, may be entered into the United States without
treatment for the pink bollworm only if:
(1) The okra is imported from the Dominican Republic, Mexico, or
Suriname under permit;
(2) The okra is made available for examination by an inspector at
the port of arrival and remains at the port of arrival until released by
an inspector;
(3) During March 16 through December 31, inclusive, the okra is not
moved into California; and
(4) During May 16 through November 30, inclusive, the okra is not
moved into Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi,
Nevada, North Carolina, South Carolina, Tennessee, or any part of
Illinois, Kentucky, Missouri, or Virginia south of the 38th parallel.
(d) Importation of okra without treatment from the West Indies and
certain countries in South America. Okra produced in the West Indies,
Colombia, Ecuador, Peru, Venezuela, or other South American country,
designated in accordance with Sec. 319.56-2 in a permit to import okra,
may be imported into the United States through any North Atlantic port
with approved treatment facilities, under permit and subject to
inspection at the port of arrival but without treatment for the pink
bollworm in paragraph (d)(2) of this section if destined to: Alaska,
Colorado, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Kansas,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska,
New Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon,
Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Washington,
West Virginia, Wisconsin, or Wyoming, or the District of Columbia, or
any part of Illinois, Kentucky, Missouri, or Virginia, north of the 38th
parallel.
(e) Importation of okra without treatment from Andros Island of the
Bahamas; and okra without treatment from the West Indies for importation
into the American Virgin Islands. Okra produced in Andros Island,
Bahamas, may be imported into the United States under permit through any
port named in the permit, without treatment but subject to inspection at
the port of arrival. Okra produced in the West Indies may be imported
into the American Virgin Islands without treatment but subject to
inspection at the port of arrival.
(f) Treatment of okra for pests other than pink bollworm. If, upon
examination of okra imported in accordance with paragraphs (c), (d), or
(e) of this section, an inspector at the port of arrival finds injurious
insects, other than the pink bollworm, that do not exist in the United
States or are not widespread in the United States, the okra will remain
eligible for entry into the United States only if it is treated for the
injurious insects in the physical presence of an inspector in accordance
with the Plant Protection and Quarantine Treatment Manual. The Plant
Protection and Quarantine Treatment Manual is incorporated by reference
at Sec. 300.1 of this chapter. If the treatment authorized by the Plant
Protection and Quarantine Treatment Manual is not available, or if no
authorized treatment exists, the okra may not be entered into the United
States.
[35 FR 18033, Nov. 25, 1970, as amended at 36 FR 24917, Dec. 24, 1971.
Redesignated at 50 FR 9788, Mar. 12, 1985; 50 FR 10750, Mar. 18, 1985;
54 FR 33666, Aug. 16, 1989; 57 FR 54489, Nov. 19, 1992; 67 FR 8466, Feb.
25, 2002]
Sec. 319.56-2q Administrative instructions: Conditions governing the entry of citrus from South Africa.
Clementine (Citrus reticulata), grapefruit (Citrus paradisi), lemon
(Citrus limon), minneola (C. paradisixC. reticulata), navel orange
(Citrus sinensis), satsuma (Citrus reticulata), and valencia orange
(Citrus sinensis) may be imported into the United States from the
Western Cape Province of South Africa only under the following
conditions:
(a) The citrus fruit must be grown in, packed in, and shipped from
the Western Cape Province of South Africa.
(b) The citrus fruit must be cold treated for false codling moth and
fruit flies of the genus Ceritatis and Pterandrus in accordance with the
Plant Protection and Quarantine
[[Page 315]]
Treatment Manual, which is incorporated by reference at Sec. 300.1 of
this chapter.
(1) If the cold treatment is to be conducted in the United States,
entry of the citrus fruit into the United States is limited to ports
listed in Sec. 319.56-2d(b)(1).
(2) If the cold treatment is conducted in South Africa or in transit
to the United States, entry of the citrus into the United States may be
made through any U.S. port.
(c) Each shipment of citrus fruit must be accompanied by a
phytosanitary certificate issued by the South African Ministry of
Agriculture stating that the conditions of paragraph (a) of this section
have been met.
(Approved by the Office of Management and Budget under control number
0579-0049)
[62 FR 595, Jan. 6, 1997]
Sec. 319.56-2r Administrative instructions governing the entry of apples and pears from certain countries in Europe.
(a) Importations allowed. Pursuant to Sec. 319.56(c), the
Administrator has determined that the following fruits may be imported
into the United States in accordance with this section and other
applicable provisions of this subpart:
(1) Apples from Belgium, Denmark, France, Germany, Great Britain,
Italy, The Netherlands, Northern Ireland, Norway, Portugal, the Republic
of Ireland, Spain, Sweden, and Switzerland;
(2) Pears from Belgium, France, Great Britain, Italy, The
Netherlands, Portugal, and Spain.
(b) Trust fund agreement. Except as provided in paragraph (h) of
this section, the apples or pears may be imported only if the national
plant protection service of the exporting country (referred to in this
section as the plant protection service) has entered into a trust fund
agreement with Plant Protection and Quarantine (PPQ) for that shipping
season. This agreement requires the plant protection service to pay in
advance all estimated costs incurred by PPQ in providing the
preclearance inspections prescribed in paragraph (d) of this section.
These costs will include administrative expenses incurred in conducting
the inspection services; and all salaries (including overtime and the
federal share of employee benefits), travel expenses (including per diem
expenses), and other incidental expenses incurred by the inspectors in
performing these services. The agreement requires the plant protection
service to deposit a certified or cashier's check with the Animal and
Plant Health Inspection Service (APHIS) for the amount of these costs,
as estimated by PPQ. If the deposit is not sufficient to meet all costs
incurred by PPQ, the agreement further requires the plant protection
service to deposit with APHIS a certified or cashier's check for the
amount of the remaining costs, as determined by PPQ, before the
inspection will be completed.
(c) Responsibilities of the exporting country. The apples or pears
may be imported in any single shipping season only if all of the
following conditions are met:
(1) Officials of the plant protection service must survey each
orchard producing apples or pears for shipment to the United States at
least two times between the time of spring blossoming and harvest. If
the officials find any leaf mines that suggest the presence of
Leucoptera malifoliella in an orchard, the officials must reject any
fruit harvested from that orchard during that growing season for
shipment to the United States. If the officials find evidence in an
orchard of any other plant pest referred to in paragraph (g) of this
section, they must ensure that the orchard and all other orchards within
1 kilometer of that orchard will be treated for that pest with a
pesticide approved by the U.S. Environmental Protection Agency, in
accordance with label directions and under the direction of the plant
protection service. If the officials determine that the treatment
program has not been applied as required or is not controlling the plant
pest in the orchard, they must reject any fruit harvested from that
orchard during that growing season for shipment to the United States.
(2) The apples or pears must be identified with the orchard from
which they are harvested (the producing orchard) until the fruit arrives
in the United States.
[[Page 316]]
(3) The apples or pears must be processed and inspected in the
approved packing sheds as follows:
(i) Upon arrival at the packing shed, the apples or pears must be
inspected for insect pests as follows: For each grower lot (all fruit
delivered for processing from a single orchard at a given time), packing
shed technicians must examine all fruit in one carton on every third
pallet (there are approximately 42 cartons to a pallet), or at least 80
apples or pears in every third bin (if the fruit is not in cartons on
pallets). If they find any live larva or pupa of Leucoptera
malifoliella, they must reject the entire grower lot for shipment to the
United States, and the plant protection service must reject for shipment
any additional fruit from the producing orchard for the remainder of the
shipping season.
(ii) The apples or pears must be sorted, sized, packed, and
otherwise handled in the packing sheds on grading and packing lines used
solely for fruit intended for shipment to the United States, or, if on
grading and packing lines used previously for other fruit, only after
the lines have been washed with water.
(iii) During packing operations, apples and pears must be inspected
for insect pests as follows: All fruit in each grower lot must be
inspected at each of two inspection stations on the packing line by
packing shed technicians. In addition, one carton from every pallet in
each grower lot must be inspected by officials of the plant protection
service. If the inspections reveal any live larva or pupa of Leucoptera
malifoliella, the entire grower lot must be rejected for shipment to the
United States, and the plant protection service must reject for shipment
any additional fruit from the producing orchard for the remainder of
that shipping season. If the inspections reveal any other insect pest
referred to in paragraph (g) of this section, and a treatment authorized
in the Plant Protection and Quarantine Treatment Manual is available,
the fruit will remain eligible for shipment to the United States if the
entire grower lot is treated for the pest under the supervision of a PPQ
inspector. However, if the entire grower lot is not treated in this
manner, or if a plant pest is found for which no treatment authorized in
the Plant Protection and Quarantine Treatment Manual is available, the
entire grower lot will be rejected for shipment to the United States.
(4) Apples or pears that pass inspection at approved packing sheds
must be presented to PPQ inspectors for preclearance inspection as
prescribed in paragraph (d) of this section or for inspection in the
United States as prescribed in paragraph (h) of this section.
(5) Apples and pears presented for preclearance inspection must be
identified with the packing shed where they were processed, as well as
with the producing orchard, and this identity must be maintained until
the apples or pears arrive in the United States.
(6) Facilities for the preclearance inspections prescribed in
paragraph (d) of this section must be provided in the exporting country
at a site acceptable to PPQ.
(7) Any apples or pears rejected for shipment into the United States
may not, under any circumstance, be presented again for shipment to the
United States.
(d) Preclearance inspection. Preclearance inspection will be
conducted in the exporting country by PPQ inspectors. Preclearance
inspection will be conducted for a minimum of 6,000 cartons of apples or
pears, which may represent multiple grower lots from different packing
sheds. The cartons examined during any given preclearance inspection
will be known as an inspection unit. Apples or pears in any inspection
unit may be shipped to the United States only if the inspection unit
passes inspection as follows:
(1) Inspectors will examine, fruit by fruit, a biometrically
designed statistical sample of 300 cartons drawn from each inspection
unit.
(i) If inspectors find any live larva or pupa of Leucoptera
malifoliella, they will reject the entire inspection unit for shipment
to the United States. The inspectors also will reject for shipment any
additional fruit from the producing orchard for the remainder of the
shipping season. However, other orchards represented in the rejected
inspection unit will not be affected for the remainder of the shipping
season because
[[Page 317]]
of that rejection. Additionally, if inspectors reject any three
inspection units in a single shipping season because of Leucoptera
malifoliella on fruit processed by a single packing shed, no additional
fruit from that packing shed will be accepted for shipment to the United
States for the remainder of that shipping season.
(ii) If the inspectors find evidence of any other plant pest
referred to in paragraph (g) of this section, and a treatment authorized
in the Plant Protection and Quarantine Treatment Manual is available,
fruit in the inspection unit will remain eligible for shipment to the
United States if the entire inspection unit is treated for the pest
under the supervision of a PPQ inspector. However, if the entire
inspectional unit is not treated in this manner, or if a plant pest is
found for which no treatment authorized in the Plant Protection and
Quarantine Treatment Manual is available, the inspectors will reject the
entire inspection unit for shipment to the United States. Rejection of
an inspection unit because of pests other than Leucoptera malifoliella
will not be cause for rejecting additional fruit from an orchard or
packing shed.
(iii) Apples and pears precleared for shipment to the United States
as prescribed in this paragraph will not be inspected again in the
United States (except as necessary to ensure that the fruit has been
precleared) unless the preclearance program with the exporting country
is terminated in accordance with paragraph (e) of this section. If the
preclearance program is terminated with any country, precleared fruit in
transit to the United States at the time of termination will be spot-
checked by PPQ inspectors upon arrival in the United States for evidence
of plant pests referred to in paragraph (g) of this section. If any live
larva or pupa of Leucoptera malifoliella is found in any carton of
fruit, inspectors will reject that carton and all other cartons in that
shipment that are from the same producing orchard. In addition, the
remaining cartons of fruit in that shipment will be reinspected as an
inspection unit in accordance with the preclearance procedures
prescribed in paragraph (d) of this section.
(e) Termination of preclearance programs. The Administrator may
terminate the preclearance program in a country if he determines that
any of the conditions specified in paragraph (c) of this section are not
met or because of pests found during preclearance inspections.
Termination of the preclearance program will stop shipments of apples or
pears from that country for the remainder of that shipping season.
Termination of the preclearance program for findings of Leucoptera
malifoliella in preclearance inspections in any country will be based on
rates of rejection of inspection units as follows:
(1) Termination because of findings of Leucoptera malifoliella. The
pre-clearance program will be terminated with a country when, in one
shipping season, inspection units are rejected because of Leucoptera
malifoliella as follows:
(i) 5 inspection units in sequence among inspection units 1-20, or a
total of 8 or more of the inspection units 1-20;
(ii) 5 inspection units in sequence among inspection units 21-40, or
a total of 10 or more of the inspection units 1-40;
(iii) 5 inspection units in sequence among inspection units 41-60,
or a total of 12 or more of the inspection units 1-60;
(iv) 5 inspection units in sequence among inspection units 61-80, or
a total of 14 or more of the inspection units 1-80;
(v) 5 inspection units in sequence among inspection units 81-100, or
a total of 16 or more of the inspection units 1-100;
(vi) 5 inspection units in sequence among inspection units 101-120,
or a total of 18 or more of the inspection units 1-120.
(Sequence can be continued in increments of 20 inspection units by
increasing the number of rejected inspection units by 2.)
(2) Termination because of findings of other plant pests. The
preclearance program will be terminated with a country when, in one
shipping season, inspection units are rejected because of other insect
pests as follows:
(i) 10 or more of the inspection units 1-20;
[[Page 318]]
(ii) 15 or more of the inspection units 1-40;
(iii) 20 or more of the inspection units 1-60;
(iv) 25 or more of the inspection units 1-80;
(v) 30 or more of the inspection units 1-100; or
(vi) 35 or more of the inspection units 1-120.
(Sequence can be continued in increments of 20 inspection units by
increasing the number of rejected inspection units by 5.)
(f) Cold treatment. In addition to all other requirements of this
section, apples or pears may be imported into the United States from
France, Italy, Portugal, or Spain only if the fruit is cold treated for
the Mediterranean fruit fly in accordance with Sec. 319.56-2d of this
subpart.
(g) Plant pests; authorized treatments. (1) Apples from Belgium,
Denmark, France, Great Britain, Italy, the Netherlands, Northern
Ireland, Norway, Portugal, the Republic of Ireland, Spain, Sweden,
Switzerland, and West Germany; and pears from Belgium, France, Great
Britain, Italy, the Netherlands, Portugal, and Spain may be imported
into the United States only if they are found free of the following
pests or, if an authorized treatment is available, they are treated for
the pest under the supervision of a PPQ inspector: the pear leaf blister
moth (Leucoptera malifoliella (O.G. Costa) (Lyonetiidae)), the plum
fruit moth (Cydia funebrana (Treitschke) (Tortricidae)), the summer
fruit tortrix moth (Adoxophyes orana (Fischer von Rosslertamm)
(Tortricidae)), a leaf roller (Argyrotaenia pulchellana (Haworth)
(Tortricidae)), and other insect pests that do not exist in the United
States or that are not widespread in the United States.
(2) Authorized treatments are listed in the Plant Protection and
Quarantine Treatment Manual, which is incorporated by reference at
Sec. 300.1 of this chapter.
(h) Inspection in the United States. Notwithstanding provisions to
the contrary in paragraphs (c) and (d) of this section, the
Administrator may allow apples or pears imported under this section to
be inspected at a port of arrival in the United States, in lieu of a
preclearance inspection, under the following conditions:
(1) The Administrator has determined that inspection can be
accomplished at the port of arrival without increasing the risk of
introducing insect pests into the United States;
(2) Each pallet of apples or pears must be completely enclosed in
plastic, to prevent the escape of insects, before it is offloaded at the
port of arrival;
(3) The entire shipment of apples or pears must be offloaded and
moved to an enclosed warehouse, where adequate inspection facilities are
available, under the supervision of PPQ inspectors.
(4) The Administrator must determine that a sufficient number of
inspectors are available at the port of arrival to perform the services
required.
(5) The method of inspection will be the same as prescribed in
paragraph (d) of this section for preclearance inspections.
[52 FR 46058, Dec. 4, 1987, as amended at 60 FR 14208, Mar. 16, 1995; 62
FR 50236, Sept. 25, 1997; 67 FR 8466, Feb. 25, 2002]
Sec. 319.56-2s Administrative instructions governing the entry of apricots, nectarines, peaches, plumcot, and plums from Chile.
(a) Importations allowed. Pursuant to Sec. 319.56(c), the
Administrator has determined that apricots, nectarines, peaches,
plumcot, and plums may be imported into the United States from Chile in
accordance with this section and other applicable provisions of this
subpart, as an alternative to importation in accordance with
Sec. 319.56-2m.
(b) Trust fund agreement. Except as provided in Sec. 319.56-2m or in
paragraph (g) of this section, apricots, nectarines, peaches, plumcot,
and plums may be imported only if the plant protection service of Chile
(Servicio Agricola Y Ganadero, referred to in this section as SAG), has
entered into a trust fund agreement with the Animal and Plant Health
Inspection Service (APHIS) for that shipping season. This agreement
requires SAG to pay in advance all estimated costs incurred by APHIS in
providing the preclearance prescribed
[[Page 319]]
in paragraph (d) of this section. Payment of costs will be made on a
monthly or other schedule designated by APHIS, but payment must be made
for each preclearance service before APHIS provides the service. These
costs will include administrative expenses incurred in conducting the
preclearance services; and all salaries (including overtime and the
federal share of employee benefits), travel expenses (including per diem
expenses), and other incidental expenses incurred by the inspectors in
providing these services. The agreement requires SAG to deposit
certified or cashier's checks with APHIS for the amount of these costs,
as estimated by APHIS based on projected shipment volumes and cost
figures from previous inspections. The agreement further requires that,
if the deposit is not sufficient to meet all costs incurred by APHIS,
SAG must deposit with APHIS a certified or cashier's check for the
amount of the remaining costs, as determined by APHIS, before the
inspections will be completed. The agreement also requires that, in the
event of unexpected end-of-season costs, SAG must deposit with APHIS a
certified cashier's check sufficient to meet such costs as estimated by
APHIS, before any further preclearance services will be provided. If the
amount SAG deposits during the shipping season exceeds the total costs
incurred by APHIS in providing preclearance services, the difference
will be returned to SAG by APHIS at the end of the shipping season upon
request, or otherwise will be applied to preclearance services for the
next shipping season.
(c) Responsibilities of Servicio Agricola Y Ganadero. SAG will
ensure that:
(1) Apricots, nectarines, peaches, plumcot, or plums are presented
to APHIS inspectors for preclearance in their shipping containers at the
shipping site for preclearance as prescribed in paragraph (d) of this
section.
(2) Apricots, nectarines, peaches, plumcot, and plums presented for
inspection are identified in shipping documents accompanying each load
of fruit that identify the packing shed where they were processed and
the orchards where they were produced; and this identity is maintained
until the apricots, nectarines, peaches, or plums are released for entry
into the United States.
(3) Facilities for the inspections prescribed in paragraph (d) of
this section are provided in Chile at an inspection site acceptable to
APHIS.
(d) Preclearance inspection. Preclearance inspection will be
conducted in Chile under the direction of APHIS inspectors. An
inspection unit will consist of a lot or shipment from which a
statistical sample is drawn and examined. An inspection unit may
represent multiple grower lots from different packing sheds. Apricots,
nectarines, peaches, plumcot, or plums in any inspection unit may be
shipped to the United Sates only if the inspection unit passes
inspection as follows:
(1) Inspectors will examine, fruit by fruit, the contents of the
cartons which were selected based on a sampling scheme established for
each inspection unit. An APHIS inspector will designate which cartons to
inspect in each inspection unit to ensure that units infested at a level
of 3 percent or more will be identified with a confidence level of 95
percent.
(i) If the inspectors find evidence of any plant pest for which a
treatment authorized in the Plant Protection and Quarantine Treatment
Manual is available, fruit in the inspection unit will remain eligible
for shipment to the United States if the entire inspection unit is
treated for the pest in Chile. However, if the entire inspection unit is
not treated in this manner, or if a plant pest is found for which no
treatment authorized in the Plant Protection and Quarantine Treatment
Manual is available, the entire inspection unit will not be eligible for
shipment to the United States.
(ii) Apricots, nectarines, peaches, plumcot, and plums precleared
for shipment to the United States as prescribed in this paragraph will
not be inspected again in the United States except as necessary to
ensure that the fruit has been precleared and for occasional monitoring
purposes.
(e) Termination of preclearance programs. Shipments of apricots,
nectarines, peaches, plumcot, and plums
[[Page 320]]
will be individually evaluated regarding the rates of infestation of
inspection units of these articles presented for preclearance. The
inspection program for an article will be terminated when inspections
determine that the rate of infestation of inspection units of the
article by pests listed in paragraph (f) of this section exceeds 20
percent calculated on any consecutive 14 days of actual inspections (not
counting days on which inspections are not conducted). Termination of
the inspection program for an article will require mandatory treatment
in Chile, prior to shipment to the United States, of shipments of the
article for the remainder of that shipping season. If a preclearance
inspection program is terminated with Chile, precleared fruit in transit
to the United States at the time of termination will be spot-checked by
APHIS inspectors upon arrival in the United States for evidence of plant
pests referred to in paragraph (f) of this section.
(f) Plant pests; authorized treatments.
(1) Apricots, nectarines, peaches, plumcot, or plums from Chile may
be imported into the United States only if they are found free of the
following pests or, if an authorized treatment is available, they are
treated for the pest under the supervision of an APHIS inspector:
Proeulia spp., Leptoglossus chilensis, Megalometis chilensis, Naupactus
xanthographus, Listroderes subcinctus, and Conoderus rufangulus, and
other insect pests that the Administrator has determined do not exist,
or are not widespread, in the United States.
(2) Authorized treatments are listed in the Plant Protection and
Quarantine Treatment Manual, which is incorporated by reference at
Sec. 300.1 of this chapter.
(g) Inspection in the United States. Notwithstanding provisions to
the contrary in paragraphs (c) and (d) of this section, the
Administrator may, in emergency or extraordinary situations, allow
apricots, nectarines, peaches, plumcot, or plums imported under this
section to be inspected at a port of arrival in the United States, in
lieu of a preclearance inspection of fumigation in Chile, under the
following conditions:
(1) The Administrator is satisfied that a unique situation exists
which justifies a limited exception to mandatory preclearance;
(2) The Administrator has determined that inspection and/or
treatment can be accomplished at the intended port of arrival without
increasing the risk of introducing insect pests into the United States;
(3) The entire shipment of apricots, nectarines, peaches, plumcot,
or plums must be offloaded and moved, under the supervision of APHIS
inspectors, to an enclosed warehouse, where inspection and treatment
facilities are available.
(4) The Administrator must determine that a sufficient number of
inspectors are available at the port of arrival to perform the services
required.
(5) The method of sampling and inspection will be the same as
prescribed in paragraph (d) of this section for preclearance
inspections.
[55 FR 42352, Oct. 19, 1990, as amended at 58 FR 69179, Dec. 30, 1993;
67 FR 8466, Feb. 25, 2002]
Sec. 319.56-2t Administrative instructions: conditions governing the entry of certain fruits and vegetables.
The following commodities may be imported into all parts of the
United States, unless otherwise indicated, from the places specified, in
accordance with Sec. 319.56-6 and all other applicable requirements of
this subpart:
----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina.......................... Artichoke, globe...... Cynara scolymus....... Immature flower head.
Basil................. Ocimum spp............ Above ground parts.
Currant............... Ribes spp............. Fruit.
Endive................ Cichorium endivia..... Leaf and stem.
Gooseberry............ Ribes spp............. Fruit.
Marjoram.............. Origanum spp.......... Above ground parts.
Oregano............... Origanum spp.......... Above ground parts.
Australia.......................... Currant............... Ribes spp............. Fruit.
Gooseberry............ Ribes spp............. Fruit.
Austria............................ Asparagus, white...... Asparagus officinalis. Shoot.\3\
[[Page 321]]
Barbados........................... Banana................ Musa spp.............. Flower.
Belgium............................ Leek.................. Allium spp............ Whole plant. (Must be
accompained by a
phytosanitary certificate
issued by the Ministry of
Agriculture of Belgium
stating that the leek is
apparently free of
Acrolepiopsis assectella.)
Pepper................ Capsicum spp.......... Fruit.
Belize............................. Banana................ Musa spp.............. Flower in bracts with
stems.
Bay leaf.............. Laurus nobilis........ Leaf and stem.
Mint.................. Mentha spp............ Above ground parts.
Papaya................ Carica papaya......... Fruit (from Medfly-free
areas--see Sec. 319.56-
2(j). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Belize
stating that the fruit
originated in a Medfly-
free area listed in Sec.
319.56-2(j).) Papayas are
prohibited entry into
Hawaii due to papaya fruit
fly. Cartons in which
fruit is packed must be
stamped ``Not for
importation into or
distribution within HI.''
Sage.................. Salivia officinalis... Leaf and stem.
Tarragon.............. Artemisia dracunculus. Above ground parts.
Bermuda............................ Avocado............... Persea americana...... Fruit.
Carambola............. Averrhoa carambola.... Fruit.
Grapefruit............ Citrus paradisi....... Fruit.
Guava................. Psidium guajava....... Fruit.
Lemon................. Citrus limon.......... Fruit.
Longan................ Dimocarpus longan..... Fruit.
Loquat................ Eriobotrya japonica... Fruit.
Mandarin orange....... Citrus reticulata..... Fruit.
Natal plum............ Carissa macrocarpa.... Fruit.
Orange, sour.......... Citrus aurantium...... Fruit.
Orange, sweet......... Citrus sinensis....... Fruit.
Papaya................ Carica papaya......... Fruit.
Passion fruit......... Passiflora spp........ Fruit.
Peach................. Prunus persica........ Fruit.
Pineapple guava....... Feijoa spp............ Fruit.
Suriname cherry....... Eugenia uniflora...... Fruit.
Bolivia............................ Belgian endive........ Cichorium intybus..... Leaf.
Chile.............................. Babaco................ Caricaxheilborni var. Fruit (from medfly-free
pentagona. areas--see Sec. 319.56-
2j. Fruit must be
accompanied by a
phytosanitary certificate
issued by the Chilean
department of agriculture
stating that the fruit
originated in a Medfly-
free province.)
Basil................. Ocimum spp............ Above ground parts.
Lucuma................ Manilkara sapota Fruit
(=Lucuma mammosa). (From Medfly-free areas
only--see Sec. 319.56-
2(j)).
[[Page 322]]
Mountain papaya....... Carica pubescens (=C. Fruit.
candamarcensis). (From Medfly-free areas--
see Sec. 319.56-2(j).
Fruit from outside Medfly-
free areas must be treated
in accordance with Sec.
319.56-2x.).
Oregano............... Origanum spp.......... Leaf and stem.
Sandpear.............. Pyrus pyrifolia....... Fruit
(From Medfly-free areas--
see Sec. 319.56-2(j).
Fruit from outside Medfly-
free areas must be treated
in accordance with Sec.
319.56-2x.).
Tarragon.............. Artemisia dracunculus. Above ground parts.
China.............................. Bamboo................ Bambuseae spp......... Edible shoot, free of
leaves and roots.
Colombia........................... Rhubarb............... Rheum rhabarbarum..... Stalk.
Snow pea.............. Pisum Sativum subsp. Flat, immature pod.
sativum.
Tarragon.............. Artemisia dracunculus. Above ground parts.
Cook Islands....................... Banana................ Musa spp.............. Green fruit.\1\
Cucumber.............. Cucumis sativus....... Fruit.
Drumstick............. Moringa pterygosperma. Leaf.
Ginger................ Zingiber officinale... Root (Prohibited entry into
Puerto Rico, Virgin
Islands, and Guam due to
ginger weevil
(Elytroteinus
subtruncatus). Cartons in
which ginger is packed
must be stamped ``Not for
distribution in PR, VI, or
Guam.'')
Indian mulberry....... Morinda citrifolia.... Leaf.
Lemongrass............ Cymbopogon spp........ Leaf.
Tossa jute............ Corchorus olitorius... Leaf.
Costa Rica......................... Basil................. Ocimum spp............ Whole plant.
Chinese kale.......... Brassica alboglabra... Leaf and stem.
Chinese turnip........ Raphanus sativus...... Root.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, including varieties only.
cabbages, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Jicama................ Pachyrhizus tuberosus Root.
or P. erosus.
Dominican Republic................. Bamboo................ Bambuseae spp......... Edible shoot, free of
leaves and roots.
Durian................ Durio zibethinus...... Fruit.
Ecuador............................ Banana................ Musa spp.............. Flower.
Basil................. Ocimum spp............ Above ground parts.
Chervil............... Anthriscus spp........ Leaf and stem.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, including varieties only.
cabbage, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Radicchio............. Cichorium spp......... Above ground parts.
El Salvador........................ Basil................. Ocimum spp............ Above ground parts.
Cilantro.............. Coriandrum sativum.... Above ground parts.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, including varieties only.
cabbage, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Dill.................. Anethum graveolens.... Above ground parts.
Eggplant.............. Solanum melongena..... Fruit, commercial shipments
only.
[[Page 323]]
France............................. Tomato................ (Lycopersicon Fruit, only if it is green
esculentum). upon arrival in the United
States (pink or red fruit
may only be imported from
the Region of Brittany and
only in accordance with
Sec. 319.56-2dd of this
subpart).
Great Britain...................... Basil................. Ocimum spp............ Leaf and stem.
Grenada............................ Abiu.................. Pouteria caimito...... Fruit.
Bilimbi............... Averrhoa bilimbi...... Fruit.
Breadnut.............. Brosimum alicastrum... Fruit.
Cocoplum.............. Chrysobalanus icaco... Fruit.
Cucurbits............. Cucurbitaceae......... Fruit.
Durian................ Durio zibethinus...... Fruit.
Jackfruit............. Artocarpus Fruit.
heterophyllus.
Jambolan.............. Syzygium cumini....... Fruit.
Jujube................ Ziziphus spp.......... Fruit.
Langsat............... Lansium domesticum.... Fruit.
Litchi................ Litchi chinensis...... Fruit.
Malay apple........... Syzygium malaccense... Fruit.
Mammee apple.......... Mammea americana...... Fruit.
Peach palm............ Bactris gasipaes...... Fruit.
Piper................. Piper spp............. Fruit.
Pulasan............... Nephelium ramboutan- Fruit.
ake.
Rambutan.............. Nephelium lappaceum... Fruit.
Rose apple............ Syzygium jambos....... Fruit.
Santol................ Sandoricum koetjape... Fruit.
Sapote................ Pouteria sapota....... Fruit.
Guatemala.......................... Artichoke, globe...... Cynara scolymus....... Immature flower head.
Basil................. Ocimum spp............ Above ground parts.
Dill.................. Anethum graveolens.... Above ground parts.
Eggplant.............. Solanum melongena..... Fruit.
Loroco................ Fernaldia spp......... Above ground parts.
Mint.................. Mentha spp............ Above ground parts.
Oregano............... Origanum spp.......... Leaf and stem.
Papaya................ Carica papaya......... Fruit (from Medfly-free
areas--see Sec. 319.56-
2(j). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Guatemala
stating that the fruit
originated in a Medfly-
free area listed in Sec.
319.56-2(j).) Papayas are
prohibited entry into
Hawaii due to papaya fruit
fly. Cartons in which
fruit is packed must be
stamped ``Not for
importation into or
distribution within HI.''
Rhubarb............... Rheum rhabarbarum..... Above ground parts.
Rosemary.............. Rosmarinus officinalis Above ground parts.
Tarragon.............. Artemisia dracunculus. Above ground parts.
Jicama................ Pachyrhizus tuberosus Root.
or P. erosus.
Haiti \2\.......................... Jackfruit............. Artocarpus Fruit.
heterophyllus.
Honduras........................... Banana................ Musa spp.............. Flower.
Chicory............... Cichorium spp......... Leaf and stem.
Cilantro.............. Coriandrum sativum.... Above ground parts.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, including varieties only.
cabbages, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Radish................ Raphanus sativus...... Root.
[[Page 324]]
Indonesia.......................... Dasheen............... Colocasia spp., Tuber (Prohibited entry
Alocasia spp., and into Guam due to dasheen
Xanthosoma spp. mosaic virus. Cartons in
which dasheen is packed
must be stamped ``Not for
distribution in Guam.'')
Onion................. Allium cepa........... Bulb.
Shallot............... Allium ascalonicum.... Bulb.
Israel............................. Arugula............... Eruca sativa.......... Leaf and stem.
Chives................ Allium schoenoprasum.. Leaf.
Dill.................. Anethum graveolens.... Above ground parts.
Mint.................. Mentha spp............ Above ground parts.
Parsley............... Petroselinum crispum.. Above ground parts.
Watercress............ Nasturtium officinale. Leaf and stem.
Jamaica............................ Fenugreek............. Tirgonella foenum- Leaf, stem, root.
graceum.
Jackfruit............. Artocarpus Fruit.
heterophyllus.
Ivy gourd............. Coccinia grandis...... Fruit.
Pak choi.............. Brassica chinensis.... Leaf and stem.
Pointed gourd......... Trichosanthes dioica.. Fruit.
Japan.............................. Bamboo................ Bambuseae spp......... Edible shoot, free of
leaves and roots.
Mioga Ginger.......... Zingiber mioga........ Above ground parts.
Mung bean............. Vigna radiata......... Seed sprout.
Soybean............... Glycine max........... Seed sprout
Liberia............................ Jute.................. Corchorus capsularis.. Leaf.
Potato................ Solanum tuberosum..... Leaf.
Mexico............................. Anise................. Pimpinella anisum..... Leaf and stem.
Apple................. Malus domestica....... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Apricot............... Prunus armeniaca...... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by national plant
protection organization of
Mexico stating: ``These
regulated articles
originated in an area free
from pests as designated
in 7 CFR 319.56-2(h).'')
Arugula............... Eruca sativa.......... Leaf and stem.
Banana................ Musa spp.............. Flower.
Bay leaf.............. Laurus nobilis........ Leaf and stem.
Blueberry............. Vaccinium spp......... Fruit.
Cucurbits............. Cucurbitaceae......... Inflorescence.
[[Page 325]]
Grapefruit............ Citrus paradisi....... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Lambsquarters......... Chenopodium spp....... Above ground parts.
Mango................. Mangifera indica...... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Orange................ Citrus sinensis....... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Peach................. Prunus persica........ Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Persimmon............. Diospyros spp......... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Piper................. Piper spp............. Leaf and stem.
[[Page 326]]
Pomegranate........... Punica granatum....... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Porophyllum........... Porophyllum spp....... Above ground parts.
Rosemary.............. Rosmarinus officinalis Above ground parts.
Salicornia............ Salicornia spp........ Above ground parts.
Tangerine............. Citrus reticulata..... Fruit (from fruit fly-free
areas--see Sec. 319.56-
2(h). Fruit must be
accompanied by a
phytosanitary certificate
issued by the national
plant protection
organization of Mexico
stating: ``These regulated
articles originated in an
area free from pests as
designated in 7 CFR 319.56-
2(h).'')
Tepeguaje............. Leucaena spp.......... Fruit.
Thyme................. Thymus vulgaris....... Above ground parts.
Morocco............................ Strawberry............ Fragaria spp.......... Fruit.
Morocco and Western Sahara......... Tomato................ (Lycopersicon Fruit, only if it is green
esculentum). upon arrival in the United
States (pink fruit may
only be imported from the
El Jadida or Safi
Province, Morocco, or
Dahkla Province, Western
Sahara, and only in
accordance with Sec.
319.56-2dd of this
subpart).
Netherlands........................ Leek.................. Allium spp............ Whole plant. (Must be
accompainied by a
phytosanitary certificate
issued by the Ministry of
Agriculture of The
Netherlands stating that
the leek is apparently
free of Acrolepiopsis
assectella.)
Radish................ Raphanus sativus...... Root.
New Zealand........................ Avocado............... Persea americana...... Fruit.
Fig................... Ficus carica.......... Fruit.
Oca................... Oxalis tuberosa....... Tuber.
Nicaragua.......................... Cilantro.............. Coriandrum sativum.... Above ground parts.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, including varieties only.
cabbage, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Eggplant.............. Solanum melongena..... Fruit, commercial shipments
only.
Mint.................. Mentha spp............ Above ground parts.
Parsley............... Petroselinum crispum.. Above ground parts.
Radicchio............. Cichorium spp......... Above ground parts.
Rosemary.............. Rosmarinus officinalla Above ground parts.
Panama............................. Basil................. Ocimum spp............ Above ground parts.
Bean, green and lima.. Phaseolus vulgaris and Seed.
P. lunatus.
[[Page 327]]
Belgian endive........ Cichorium spp......... Above ground parts.
Chervil............... Anthriscus cerefolium. Above ground parts.
Chicory............... Cichorium spp......... Above ground parts.
Eggplant.............. Solanum melongena..... Fruit.
Endive................ Cichorium spp......... Above ground parts.
Fenugreek............. Tirgonella foenum- Leaf, stem.
graceum.
Lemon thyme........... Thymus citriodorus.... Leaf and stem.
Mint.................. Mentha spp............ Above ground parts.
Oregano............... Origanum spp.......... Above ground parts.
Rosemary.............. Rosmarinus officinalis Above ground parts.
Tarragon.............. Artemisia dracunculus. Above ground parts.
Peru............................... Arugula............... Eruca sativa.......... Leaf and stem.
Basil................. Ocimum spp............ Leaf and stem.
Carrot................ Daucus carota......... Root.
Chervil............... Anthriscus spp........ Leaf and stem.
Cole and mustard Brassica spp.......... Whole plant of edible
crops, includ- ing varieties only.
cabbage, broccoli,
cauliflower, turnips,
mustards, and related
varieties.
Cornsalad............. Valerianella spp...... Whole plant.
Dill.................. Anethum graveolens.... Above ground parts.
Lambsquarters......... Chenopodium album..... Above ground parts.
Lemongrass............ Cymbopogon spp........ Leaf and stem.
Marjoram.............. Origanum spp.......... Above ground parts.
Mustard greens........ Brassica juncea....... Leaf.
Oregano............... Origanum spp.......... Leaf and stem.
Parsley............... Petroselinum crispum.. Leaf and stem.
Radicchio............. Cichorium spp......... Leaf.
Swiss chard........... Beta vulgaris......... Leaf and stem.
Thyme................. Thymus vulgaris....... Above ground parts.
Philippines........................ Jicama................ Pachyrhizus tuberosus Root.
or P. erosus.
Poland............................. Pepper................ Capsicum spp.......... Fruit.
Tomato................ Lycopersicon Fruit.
esculentum.
Republic of Korea.................. Angelica.............. Aralia elata.......... Edible shoot.
Aster greens.......... Aster scaber.......... Leaf, stem.
Bonnet bellflower..... Codonopsis lanceolata. Root.
Chard................. Beta vulgaris subsp. Leaf.
cicla.
Chinese bellflower.... Platycodon Root.
grandiflorum.
Dasheen............... Colocasia spp., Root (Prohibited entry into
Alocasia spp., and Guam due to da- sheen
Xanthosoma spp. mosaic virus). Cartons in
which da- sheen is packed
must be stamped ``Not for
distribution in Guam.''
Eggplant.............. Solanum melongena..... Fruit.
Kiwi.................. Actinidia deliciosa... Fruit.
Lettuce............... Lactuca sativa........ Leaf.
Mugwort............... Artemisia vulgaris.... Leaf and stem.
Onion................. Allium cepa........... Bulb.
Shepherd's purse...... Capsella bursa- Leaf and stem.
pastoris.
Strawberry............ Fragaria spp.......... Fruit (Entry permitted only
from September 15 to May
31, inclusive, to prevent
the introduction of a
complex of exotic pests
including, but not limited
to, a thrips (Haplothrips
chinensis) and a
leafroller (Capua
tortrix)).
Watercress............ Nasturtium officinale. Leaf and stem.
Youngia greens........ Youngia sonchifolia... Leaf, stem, root.
Sierra Leone....................... Cassava............... Manihot esculenta..... Leaf.
Jute.................. Corchorus capsularis.. Leaf.
Potato................ Solanum tuberosum..... Leaf.
St. Vincent and the Grenadines..... Turmeric.............. Curcuma longa......... Rhizome.
South Africa....................... Artichoke, globe...... Cynara scolymus....... Immature flower head.
Pineapple............. Ananas spp............ Fruit.
Spain.............................. Eggplant.............. Solanum melongena..... Fruit, commercial shipments
only.
[[Page 328]]
Tomato................ (Lycopersicon Fruit, only if it is green
esculentum). upon arrival in the United
States (pink or red fruit
may only be imported from
Almeria Province and only
in accordance with Sec.
319.56-2dd of this
subpart).
Watermelon............ Citrullus vulgaris.... Fruit, commercial shipments
only.
Suriname........................... Amaranth.............. Amaranthus spp........ Leaf and stem.
Black palm nut........ Astrocaryum spp....... Fruit.
Jessamine............. Cestrum latifolium.... Leaf and stem.
Malabar spinach....... Bassella alba......... Leaf and stem.
Mung bean............. Vigna radiata......... Seed sprout.
Pak choi.............. Brassica chinensis.... Leaf and stem.
Sweden............................. Dill.................. Anethum graveolens.... Above ground parts.
Taiwan............................. Bamboo................ Bambuseae spp......... Edible shoot, free of
leaves and roots.
Burdock............... Arctium lappa......... Root.
Wasabi (Japanese Wasabia japonica...... Root and stem.
horseradish).
Thailand........................... Dasheen............... Alocasia spp., Leaf and stem.
Colocasia spp., and
Xanthosoma spp.
Turmeric.............. Curcuma domestica..... Leaf and stem.
Tonga.............................. Burdock............... Arctium lappa......... Root, stem and leaf.
Jicama................ Pachyrhizus tuberosus. Root.
Pumpkin............... Cucurbita maxima...... Fruit.
Trinidad and Tobago................ Lemongrass............ Cymbopogon citratus... Leaf and stem.
Leren................. Calathea allouia...... Tuber.
Shield leaf........... Cecropia peltata...... Leaf and stem.
Zambia............................. Pea, snow............. Pisum sativum spp. Flat immature pod.
sativum.
----------------------------------------------------------------------------------------------------------------
\1\ The bananas must be green at the time of export. Inspectors at the port of arrival will determine that the
bananas were green at the time of export if: (1) bananas shipped by air are still green upon arrival in the
United States; and (2) bananas shipped by sea are either still green upon arrival in the United States or are
yellow but firm.
\2\ Executive Order 12779 of October 28, 1991 (56 FR 55975-55976, published October 30, 1991), prohibits the
importation into the United States of any goods of Haitian origin, other than publications and other
informational materials, or of services performed in Haiti. Importation of any Haitian produce will not be
allowed as long as this Executive order is in effect.
\3\ No green may be visible on the shoot.
(Approved by the Office of Management and Budget under control number
0579-0049)
[57 FR 54489, Nov. 19, 1992, as amended at 58 FR 43497, Aug. 17, 1993;
58 FR 69180, Dec. 30, 1993; 59 FR 43711, 43712, Aug. 25, 1994; 60 FR
14208, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; 62 FR 596, Jan.
6,1997; 62 FR 50236, Sept. 25, 1997; 63 FR 13485, Mar. 20, 1998; 63 FR
39215, July 22, 1998; 63 FR 65655, Nov. 30, 1998; 66 FR 45158, Aug. 28,
2001]
Sec. 319.56-2u Conditions governing the entry of lettuce and peppers from Israel.
(a) Lettuce may be imported into the United States from Israel
without fumigation for leafminers, thrips, and Sminthuris viridis only
under the following conditions:
(1) Growing conditions. (i) The lettuce must be grown in insect-
proof houses covered with 50 mesh screens, double self-closing doors,
and hard walks (no soil) between the beds;
(ii) The lettuce must be grown in growing media that has been
sterilized by steam or chemical means;
(iii) The lettuce must be inspected during its active growth phase
and the inspection must be monitored by a representative of the Israeli
Ministry of Agriculture;
(iv) The crop must be protected with sticky traps and prophylactic
sprays approved for the crop by Israel;
(v) The lettuce must be moved to an insect-proof packing house at
night in plastic containers covered by 50 mesh screens;
(vi) The lettuce must be packed in an insect-proof packing house,
individually packed in transparent plastic bags, packed in cartons,
placed on pallets, and then covered with shrink wrapping; and
(vii) The lettuce must be transported to the airport in a closed
refrigerated truck for shipment to the United States.
[[Page 329]]
(2) Each shipment of lettuce must be accompanied by a phytosanitary
certificate issued by the Israeli Ministry of Agriculture stating that
the conditions of paragraph (a)(1) of this section have been met.
(b) Peppers (fruit) (Capsicum spp.) from Israel may be imported into
the United States only under the following conditions:
(1) The peppers have been grown the Arava Valley by growers
registered with the Israeli Department of Plant Protection and
Inspection (DPPI).
(2) Malathion bait sprays shall be applied in the residential areas
of the Arava Valley at 6- to 10-day intervals beginning not less than 30
days before the harvest of backyard host material in residential areas
and shall continue through harvest.
(3) The peppers have been grown in insect-proof plastic screenhouses
approved by the DPPI and APHIS. Houses shall be examined periodically by
DPPI or APHIS personnel for tears in either plastic or screening.
(4) Trapping for Mediterranean fruit fly (Medfly) shall be conducted
by DPPI throughout the year in the agricultural region along Arava
Highway 90 and in the residential area of Paran. The capture of a single
Medfly in a screenhouse will immediately cancel export from that house
until the source of the infestation is delimited, trap density is
increased, pesticide sprays are applied, or other measures acceptable to
APHIS are taken to prevent further occurrences.
(5) Signs in English and Hebrew shall be posted along Arava Highway
90 stating that it is prohibited to throw out/discard fruits and
vegetables from passing vehicles.
(6) Sorting and packing of peppers shall be done in the insect-proof
screenhouses in the Arava Valley.
(7) The peppers must be packed in insect-proof packaging prior to
movement from approved insect-proof screenhouses in the Arava Valley.
[57 FR 3120, Jan. 28, 1992, as amended at 58 FR 69181, Dec. 30, 1993; 59
FR 46321, Sept. 8, 1994; 60 FR 50385, Sept. 29, 1995; 62 FR 50236, Sept.
25, 1997; 66 FR 45160, Aug. 28, 2001; 67 FR 8180, Feb. 22, 2002]
Sec. 319.56-2v Conditions governing the entry of citrus from Australia.
(a) The Administrator has determined that the irrigated
horticultural areas within the following districts of Australia meet the
criteria of Sec. 319.56-2 (e) and (f) with regard to the Mediterranean
fruit fly (Ceratitis capitata [Wiedemann]), the Queensland fruit fly
(Dacus tryoni [Frogg]), and other fruit flies destructive of citrus:
(1) The Riverland district of South Australia, defined as the county
of Hamley and the geographical subdivisions, called ``hundreds,'' of
Bookpurnong, Cadell, Gordon, Holder, Katarapko, Loveday, Markaranka,
Morook, Murtho, Parcoola, Paringa, Pooginook, Pyap, Stuart, and
Waikerie;
(2) The Riverina district of New South Wales, defined as:
(i) The shire of Carrathool; and
(ii) The Murrumbidgee Irrigation Area, which is within the
administrative boundaries of the city of Griffith and the shires of
Leeton, Narrendera, and Murrumbidgee; and
(3) The Sunraysia district, defined as the shires of Wentworth and
Balranald in New South Wales and the shires of Mildura, Swan Hill,
Wakool, and Kerang, the cities of Mildura and Swan Hill, and the borough
of Kerang in Victoria.
(b) Oranges (Citrus sinensis [Osbeck]); lemons (C. limonia [Osbeck]
and meyeri [Tanaka]); limes (C. aurantiifolia [Swingle] and latifolia
[Tanaka]); mandarins, including satsumas, tangerines, tangors, and other
fruits grown from this species or its hybrids (C. reticulata [Blanco]);
and grapefruit (C. paradisi [MacFad.]) may be imported from the
Riverland, Riverina, and Sunraysia districts without treatment for fruit
flies, subject to paragraph (c) of this section and all other applicable
requirements of this subpart.
(c) If surveys conducted in accordance with Sec. 319.56-2d(f)
detect, in a district listed in paragraph (a) of this section, the
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the Queensland
fruit fly (Dacus tryoni [Frogg]), or other fruit flies that attack
citrus and for which a treatment is listed in the Plant Protection and
Quarantine (PPQ) Treatment Manual,
[[Page 330]]
citrus fruit from that district will remain eligible for importation
into the United States in accordance with Sec. 319.56-2(e)(2), provided
the fruit undergoes cold treatment in accordance with the PPQ Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter, and provided the fruit meets all other applicable requirements
of this subpart. Entry is limited to ports listed in Sec. 319.56-
2d(b)(1) of this subpart if the treatment is to be completed in the
United States. Entry may be through any port if the treatment has been
completed in Australia or in transit to the United States. If no
approved treatment for the detected fruit fly appears in the PPQ
Treatment Manual, importation of citrus from the affected district or
districts is prohibited.
[61 FR 8207, Mar. 4, 1996]
Sec. 319.56-2w Administrative instruction; conditions governing the entry of papayas from Central America and Brazil.
The Solo type of papaya may be imported into the continental United
States, Alaska, Puerto Rico, and the U.S. Virgin Islands only under the
following conditions:
(a) The papayas were grown and packed for shipment to the United
States in one of the following locations:
(1) Brazil: State of Espirito Santo.
(2) Costa Rica: Provinces of Guanacaste, Puntarenas, San Jose.
(3) El Salvador: Departments of La Libertad, La Paz, and San
Vicente.
(4) Guatemala: Departments of Escuintla, Retalhuleu, Santa Rosa, and
Suchitep[eacute]quez.
(5) Honduras: Departments of Comayagua, Cort[eacute]s, and Santa
B[aacute]rbara.
(6) Nicaragua: Departments of Carazo, Granada, Managua, Masaya, and
Rivas.
(7) Panama: Provinces of Cocle, Herrera, and Los Santos; Districts
of Aleanje, David, and Dolega in the Province of Chiriqui; and all areas
in the Province of Panama that are west of the Panama Canal.
(b) Beginning at least 30 days before harvest began and continuing
through the completion of harvest, all trees in the field where the
papayas were grown were kept free of papayas that were \1/2\ or more
ripe (more than \1/4\ of the shell surface yellow), and all culled and
fallen fruits were buried, destroyed, or removed from the farm at least
twice a week.
(c) The papayas were treated with a hot water treatment consisting
of 20 minutes in water at 49 deg.C (120.2 deg.F).
(d) When packed, the papayas were less than \1/2\ ripe (the shell
surface was no more than \1/4\ yellow, surrounded by light green), and
appeared to be free of all injurious insect pests.
(e) The papayas were safeguarded from exposure to fruit flies from
harvest to export, including being packaged so as to prevent access by
fruit flies and other injurious insect pests. The package containing the
papayas does not contain any other fruit, including papayas not
qualified for importation into the United States.
(f) All cartons in which papayas are packed must be stamped ``Not
for importation into or distribution in HI.''
(g) All activities described in paragraphs (a) through (f) of this
section were carried out under the supervision and direction of plant
health officials of the national Ministry of Agriculture.
(h) Beginning at least 1 year before harvest begins and continuing
through the completion of harvest, fruit fly traps were maintained in
the field where the papayas were grown. The traps were placed at a rate
of 1 trap per hectare and were checked for fruit flies at least once
weekly by plant health officials of the national Ministry of
Agriculture. Fifty percent of the traps were of the McPhail type, and
fifty percent of the traps were of the Jackson type. If the average
Jackson trap catch was greater than 7 Medflies per trap per week,
measures were taken to control the Medfly population in the production
area. The national Ministry of Agriculture kept records of fruit fly
finds for each trap, updated the records each time the traps were
checked, and made the records available to APHIS inspectors upon
request. The records were maintained for at least 1 year.
(i) If the average Jackson trap catch exceeds 14 Medflies per trap
per week,
[[Page 331]]
importations of papayas from that production area must be halted until
the rate of capture drops to an average of 7 or fewer Medflies per trap
per week.
(j) In the State of Espirito Santo, Brazil, if the average McPhail
trap catch was greater than 7 South American fruit flies (Anastrepha
fraterculus) per trap per week, measures were taken to control the South
American fruit fly population in the production area. If the average
McPhail trap catch exceeds 14 South American fruit flies per trap per
week, importations of papayas from that production area must be halted
until the rate of capture drops to an average of 7 or fewer South
American fruit flies per trap per week.
(k) All shipments must be accompanied by a phytosanitary certificate
issued by the national Ministry of Agriculture stating that the papayas
were grown, packed, and shipped in accordance with the provisions of
this section.
(Approved by the Office of Management and Budget under control number
0579-0128)
[63 FR 12396, Mar. 13, 1998, as amended at 66 FR 45160, Aug. 28, 2001]
Sec. 319.56-2x Administrative instructions; conditions governing the entry of certain fruits and vegetables for which treatment is required.
(a) The following fruits and vegetables may be imported into the
United States only if they have been treated in accordance with the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
incorporated by reference at Sec. 300.1 of this chapter. Treatment by
irradiation in accordance with part 305 of this chapter may be
substituted for treatments in the PPQ Treatment Manual for the mango
seed weevil Sternochetus mangiferae (Fabricus) or for one or more of the
following 11 species of fruit flies: Anastrepha fraterculus, Anastrepha
ludens, Anastrepha obliqua, Anastrepha serpentina, Anastrepha suspensa,
Bactrocera cucurbitae, Bactrocera dorsalis, Bactrocera tryoni,
Bactrocera jarvisi, Bactrocera latifrons, and Ceratitis capitata.
[[Page 332]]
----------------------------------------------------------------------------------------------------------------
Country/locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina......................... Blueberry............ Vaccinium ssp............. fruit.
Kiwi................. Actinidia deliciosa....... Fruit.
Bolivia........................... Blueberry............ Vaccinium spp............. fruit.
Chile............................. Lime................. Citrus aurantifolia and C. fruit.
latifolia.
Mountain papaya...... Carica pubescens (=C. fruit (Treatment for
candamarcensis). Mediterranean fruit fly
(Medfly) not required if
fruit is grown in Medfly
free area (see Sec.
319.56-2(j)).)
Passion fruit........ Passiflora spp............ Fruit.
Sandpear............. Pyrus pyrifolia........... fruit (Treatment for
Mediterranean fruit fly
(Medfly) not required if
fruit is grown in Medfly
free area (see Sec.
319.56-2(j)).)
China............................. Litchi............... Litchi chinensis.......... fruit (Prohibited entry
into Florida due to
litchi rust mite.
Cartons in which litchi
are packed must be
stamped ``Not for
importation into or
distribution in FL'').
Ecuador........................... Blueberry............ Vaccinium spp............. fruit.
El Salvador....................... Garden bean.......... Phaseolus vulgaris........ pod or shelled.
Greece............................ Kiwi................. Actinidia deliciosa....... fruit.
Tangerine............ Citrus reticulata......... fruit.
Guatemala......................... Tuna................. Opuntia spp............... fruit.
Guyana............................ Apple................ Malus domestica........... fruit.
Honduras.......................... Hyacinth bean........ Lablab purpureus.......... Pod or shelled.
Yard long bean....... Vigna unguiculata, subsp. Pod or shelled
sesquipedalis.
India............................. Litchi............... Litchi chinensis.......... fruit (Prohibited entry
into Florida due to
litchi rust mite.
Cartons in which litchi
are packed must be
stamped ``Not for
importation into or
distribution in FL'').
Israel............................ Cactus............... Opuntia spp............... fruit.
Lettuce.............. Lactuca sativa............ leaf (Treatment for
leafminers, thrips, and
Sminthuris viridus not
required if the lettuce
si imported in
accordance with Sec.
319.56-2u(a)).
Litchi............... Litchi chinensis.......... fruit.
Loquat............... Eriobotrya japonica....... fruit.
Pummelo.............. Citrus grandis............ fruit.
Jordan............................ Apple................ Malus domestica........... fruit.
Grape................ Vitis spp................. fruit.
Persimmon............ Diospyros spp............. fruit.
Lebanon........................... Apple................ Malus domestica........... fruit.
Mexico............................ Carambola............ Averrhoa carambola........ Fruit.
Cherry Prunus avium......... fruit.....................
Grapefruit........... Citrus paradisi........... fruit.
Mango................ Mangifera indica.......... Fruit. (Must be
accompanied by a
phytosanitary
certificate issued by
the national plant
protection organization
of Mexico stating:
``These mangoes were
treated in accordance
with the Plant
Protection and
Quarantine Treatment
Manual,'' unless fruit
was grown in a fruit fly-
free area listed in Sec.
319.56-2(h).)
[[Page 333]]
Orange............... Citrus sinensis........... fruit.
Tangerine............ Citrus reticulata......... fruit.
Nicaragua......................... Broad bean........... Vicia faba................ Pod or shelled.
................................ Green bean........... Phaseolus spp............. Pod or shelled.
................................ Mung bean............ Vigna radiata............. Pod or shelled.
Panama............................ Bean, green and lima. Phaseolus vulgaris and P. pod.
lunatus.
Peru.............................. Blueberry............ Vaccinium spp............. fruit.
Spain............................. Kiwi................. Actinidia deliciosa....... Fruit.
Lettuce.............. Lactuca spp............... Above ground parts,
commercial shipments
only.
Taiwan............................ Carambola............ Averrhoa carambola........ fruit.
Litchi............... Litchi chinensis.......... fruit (Prohibited entry
into Florida due to
Eriophyes litchii.
Cartons in which litchi
are packed must be
stamped ``Not for
distribution in FL'').
Mango................ Mangifera indica.......... fruit.
Thailand.......................... Asparagus............ Asparagus officinalis..... shoot.
Uruguay........................... Plum................. Prunus domestica.......... fruit.
Zimbabwe.......................... Apple................ Malus domestica........... fruit.
Apricot.............. Prunus armeniaca.......... fruit.
Kiwi................. Actinidia deliciosa....... fruit.
Nectarine............ Prunus persica............ fruit.
Peach................ Prunus persica............ fruit.
Pear................. Pyrus communis............ fruit.
Plum................. Prunus domestica.......... fruit.
----------------------------------------------------------------------------------------------------------------
[[Page 334]]
(b) If treatment has not been completed before the fruits and
vegetables arrive in the United States, fruits and vegetables listed
above and requiring treatment for fruit flies may arrive in the United
States only at the following ports: Atlantic ports north of, and
including, Baltimore, MD; ports on the Great Lakes and St. Lawrence
Seaway; Canadian border ports on the North Dakota border and east of
North Dakota; the maritime ports of Wilmington, NC, Seattle, WA, and
Gulfport, MS; Seattle-Tacoma International Airport, Seattle, WA;
Hartsfield-Atlanta International Airport, Atlanta, GA; and Baltimore-
Washington International and Dulles International airports, Washington,
DC. North Atlantic ports are: Atlantic ports north of and including
Baltimore; ports on the Great Lakes and St. Lawrence Seaway; Canadian
border ports on the North Dakota border and east of North Dakota; and,
for air shipments, Washington, DC (including Baltimore-Washington
International and Dulles International airports).
[57 FR 54491, Nov. 19, 1992, as amended at 58 FR 69181, Dec. 30, 1993;
59 FR 40796, Aug. 10, 1994; 59 FR 43712, Aug. 25, 1994; 60 FR 6958, Feb.
6, 1995; 60 FR 14209, Mar. 16, 1995; 60 FR 50385, Sept. 29, 1995; 61 FR
47667, Sept. 10, 1996; 62 FR 597, Jan. 6, 1997; 66 FR 45161, Aug. 28,
2001; 67 FR 8180, Feb. 22, 2002; 67 FR 65029, Oct. 23, 2002]
Sec. 319.56-2y Administrative instructions; conditions governing the entry of cantaloupe and watermelon from Ecuador.
(a) Cantaloupe (Cucumis melo) and watermelon (fruit) (Citrullus
lanatus) may be imported into the United States from Ecuador only under
the following conditions:
(1) The cantaloupe or watermelon may be imported in commercial
shipments only;
(2) The cantaloupe or watermelon must have been grown in an area
where trapping for the South American cucurbit fruit fly has been
conducted for at least the previous 12 months by the plant protection
service of Ecuador, under the direction of APHIS,\1\ with no findings of
the pest.
---------------------------------------------------------------------------
\1\ Information on the trapping program may be obtained by writing
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.
---------------------------------------------------------------------------
(3) The following area meets the requirements of paragraph (a)(2) of
this section: The area within 5 kilometers of either side of the
following roads:
(i) Beginning in Guayaquil, the road north through Nobol, Palestina,
and Balzar to Velasco-Ibarra (Empalme);
(ii) Beginning in Guayaquil, the road south through E1 26, Puerto
Inca, Naranjal, and Camilo Ponce to Enriquez;
(iii) Beginning in Guayaquil, the road east through Palestina to
Vinces;
(iv) Beginning in Guayaquil, the road west through Piedrahita
(Novol) to Pedro Carbo; or
(v) Beginning in Guayaquil, the road west through Progreso, Engunga,
Tugaduaja, and Zapotal to El Azucar; and
(4) The cantaloupe or watermelon may not be moved into Alabama,
American Samoa, Arizona, California, Florida, Georgia, Guam, Hawaii,
Louisiana, Mississippi, New Mexico, Puerto Rico, South Carolina, Texas,
and the U.S. Virgin Islands. The boxes in which the cantaloupe or
watermelon is packed must be stamped with the name of the commodity
followed by the words ``Not to be distributed in the following States or
territories: AL, AS, AZ, CA, FL, GA, GU, HI, LA, MS, NM, PR, SC, TX, VI.
(b) [Reserved]
[57 FR 54491, Nov. 19, 1992, as amended at 58 FR 69182, Dec. 30, 1993;
59 FR 67610, Dec. 30, 1994]
Sec. 319.56-2z Administrative instructions governing the entry of cherimoyas from Chile.
Cherimoyas may be imported into the United States from Chile only
under the following conditions:
(a) Treatment. The cherimoyas must be treated, under the supervision
of an inspector, either in Chile or in the United States, for the Chile
false red mite of grapes (Brevipalpus chilensis) in accordance with one
of the following procedures:
(1) Fumigation. The cherimoyas must be fumigated with methyl bromide
at
[[Page 335]]
normal atmospheric pressure. The fumigation must be done in a fumigation
chamber that has been approved for that purpose by the Animal and Plant
Health Inspection Service, or under tarpaulins, according to the
schedule below. The treatment period must be 2 hours.
------------------------------------------------------------------------
Dosage--
pounds of
methyl
Temperature ( deg.F.) bromide
per 1,000
cu. ft.
------------------------------------------------------------------------
80-89 (inclusive)............................................ 1\1/2\
70-79 (inclusive)............................................ 2
60-69 (inclusive)............................................ 2\1/2\
50-59 (inclusive)............................................ 3
------------------------------------------------------------------------
(2) Soapy water and wax. The cherimoyas must be immersed in a soapy
water bath consisting of 1 part soap solution (such as Deterfrut) to
3,000 parts water for a minimum of 20 seconds, followed by a pressure
shower rinse to remove soapy excess, and then followed by immersion for
a minimum of 20 seconds in an undiluted wax coating (such as Johnson Wax
Primafresh 31 Kosher fruit coating).
(b) APHIS inspection. Cherimoyas from Chile are subject to
inspection under the direction of an inspector, either in Chile or at
the port of arrival in the United States. Imported cherimoyas inspected
in Chile are subject to reinspection at the port of arrival as provided
for in Sec. 319.56-6.
(c) Trust Fund Agreement. Cherimoyas that are treated or inspected
in Chile may be imported into the United States only if the plant
protection service of Chile (Servicio Agricola Y Ganadero, referred to
in this section as SAG) has entered into a trust fund agreement with
APHIS. This agreement requires SAG to pay in advance of each shipping
season all costs that APHIS estimates it will incur in providing
inspection services in Chile during that shipping season. These costs
include administrative expenses and all salaries (including overtime and
the Federal share of employee benefits), travel expenses (including per
diem expenses), and other incidental expenses incurred by APHIS in
performing these services. The agreement requires SAG to deposit a
certified or cashier's check with APHIS for the amount of these costs,
as estimated by APHIS. If the deposit is not sufficient to meet all
costs incurred by APHIS, the agreement further requires SAG to deposit
with APHIS a certified or cashier's check for the amount of the
remaining costs, as determined by APHIS, before any more cherimoyas will
be treated or inspected in Chile. After a final audit at the conclusions
of each shipping season, any overpayment of funds would be returned to
SAG, or held on account until needed, at SAG's option.
(d) Costs for services in the United States. All costs of treatment
and required safeguards and supervision, other than the services of the
supervising inspector during regularly assigned hours of duty and at the
usual place of duty, shall be borne by the owner of the fruits or a
representative of the owner.
(e) Limitation of origin. The cherimoyas must have been grown in a
province of Chile that is free from the Mediterranean fruit fly (see
Sec. 319.56-2(j)).
(f) Ports of entry. Cherimoyas from Chile may be imported through
all ports staffed by an inspector.\1\
---------------------------------------------------------------------------
\1\ Information concerning ports staffed by inspectors may be
obtained by contacting the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Port Operations, Permit Unit, 4700
River Road Unit 136, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(g) Department not responsible for damage. The treatments prescribed
in paragraph (a) of this section are judged from experimental tests to
be safe for use with cherimoyas from Chile. However, the Department
assumes no responsibility for any damage sustained through or in the
course of such treatment or by compliance with requirements under
paragraph (a) of this section.
[57 FR 56436, Nov. 30, 1992, as amended at 59 FR 67610, Dec. 30, 1994]
Sec. 319.56-2aa Administrative instructions governing the entry of cantaloupe, honeydew melons, and watermelon from Brazil and Venezuela.
Cantaloupe, honeydew melons, and watermelon may be imported into the
United States from Brazil and Venezuela only under permit, and only in
[[Page 336]]
accordance with this section and all other applicable requirements of
this subpart:
(a) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Brazil or the area of Venezuela considered by the
Animal and Plant Health Inspection Service to be free of the South
American cucurbit fly, (Anastrepha grandis), in accordance with
Sec. 319.56-2(e)(4) of this subpart. In addition, all shipments of
cantaloupe, honeydew melons, and watermelon must be accompanied by a
phytosanitary certificate issued either by the Departmento de Defesa e
Inspe[ccedil]a[tilde]o Vegetal (Brazilian Department of Plant Health and
Inspection) or the Servicio Autonomo de Sanidad Agropecuaria (the plant
protection service of Venezuela) that includes a declaration indicating
that the cantaloupe or melons were grown in an area recognized to be
free of the South American cucurbit fly.
(1) Area considered free of the South American cucurbit fly in
Brazil. The following area in Brazil is considered free of the South
American cucurbit fly: That portion of Brazil bounded on the north by
the Atlantic Ocean; on the east by the River Assu (Acu) from the
Atlantic Ocean to the city of Assu; on the south by Highway BR 304 from
the city of Assu (Acu) to Mossoro, and by Farm Road RN-015 from Mossoro
to the Ceara State line; and on the west by the Ceara State line to the
Atlantic Ocean.
(2) Area considered free of the South American cucurbit fly in
Venezuela. The following area in Venezuela is considered free of the
South American cucurbit fly: The Paraguana Peninsula, located in the
State of Falcon, bounded on the north and east by the Caribbean Ocean,
on the south by the Gulf of Coro and an imaginary line dividing the
autonomous districts of Falcon and Miranda, and on the west by the Gulf
of Venezuela.
(b) Shipping requirements. The cantaloupe, honeydew melons, and
watermelon must be packed in an enclosed container or vehicle, or must
be covered by a pest-proof screen or plastic tarpaulin while in transit
to the United States.
(c) Labeling. All shipments of cantaloupe, honeydew melons, and
watermelon must be labeled in accordance with Sec. 319.56-2(g) of this
subpart.
[63 FR 65656, Nov. 30, 1998]
Sec. 319.56-2bb Administrative instructions governing movement of Hass avocados from Mexico to Alaska.
Hass avocados may be imported from Mexico into the United States for
distribution in Alaska only under a permit issued in accordance with
Sec. 319.56-4, and only under the following conditions:
(a) Commercial shipments. The avocados may be imported in commercial
shipments only.
(b) Safeguards in Mexico. The avocados must have been grown in the
Mexican State of Michoacan by a participant in the avocado export
program administered by Sanidad Vegetal. Upon request, Sanidad Vegetal
will provide APHIS with a list of all participants. Under the
supervision of Sanidad Vegetal personnel:
(1) The avocados must have been inspected during growing,
harvesting, and packing and must have been found free from seed weevils
and other pests;
(2) The avocados must have been sealed in boxes after inspection at
the packing house with a seal that will be broken when the box is
opened; and
(3) The avocados must be packed in an enclosed container or vehicle
or under a tarpaulin cover while in transit through Mexico to prevent
exposure of the fruit to fruit flies.
(c) Certification. All shipments of avocados must be accompanied by
a document issued by Sanidad Vegetal certifying that the conditions
specified in paragraph (b) of this section have been met.
(d) Marking requirements. The boxes of avocados must be clearly
marked with the statement ``Distribution limited to the State of
Alaska.''
(e) Ports. The avocados may enter the United States only at the
following ports: Galveston or Houston, Texas; the border ports at
Nogales, Arizona; Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo,
Texas; any port in Alaska; or other ports within that area of the United
States specified in paragraph (f) of this section.
[[Page 337]]
(f) Shipping areas. Except as explained below for avocados that
enter the United States at Nogales, Arizona, avocados moved by truck or
rail car may transit only that area of the United States bounded on the
west and south by a line extending from El Paso, Texas, to Salt Lake
City, Utah, to Portland, Oregon, and due west from Portland; and on the
east and south by a line extending from Brownsville, Texas, to
Galveston, Texas, to Kinder, Louisiana, to Memphis, Tennessee, to
Louisville, Kentucky, and due east from Louisville. All cities on these
boundary lines are included in this area. If the avocados are moved by
air, the aircraft may not land outside this area. Avocados that enter
the United States at Nogales, Arizona, must be moved to El Paso, Texas,
by the route specified on the permit, and then must remain within the
shipping area described above.
(g) Shipping requirements. The avocados must be moved through the
United States either by air or in a refrigerated truck or refrigerated
rail car or in refrigerated containers on a truck or rail car. If the
avocados are moved in refrigerated containers on a truck or rail car, an
inspector must seal the containers with a serially numbered seal at the
port of first arrival in the United States. If the avocados are moved in
a refrigerated truck or a refrigerated rail car, an inspector must seal
the truck or rail car with a serially numbered seal at the port of first
arrival in the United States. If the avocados are transferred to another
vehicle or container in the United States, an inspector must be present
to supervise the transfer and must apply a new serially numbered seal.
The avocados must be moved through the United States under Customs bond.
(h) Inspection. The avocados are subject to inspection by the Animal
and Plant Health Inspection Service at the U.S./Mexico border, at any
stops in the United States en route to Alaska, and at the port of
arrival in Alaska.
[58 FR 40037, July 27, 1993]
Sec. 319.56-2cc Administrative instructions governing the entry of Fuji variety apples from Japan and the Republic of Korea.
Fuji variety apples may be imported into the United States from
Japan and the Republic of Korea only under the following conditions:
(a) Treatment and fumigation. The apples must be cold treated and
then fumigated, under the supervision of an Animal and Plant Health
Inspection Service (APHIS) inspector, either in Japan or the Republic of
Korea, for the peach fruit moth (Carposina niponensis), the yellow peach
moth (Conogethes punctiferalis), the fruit tree spider mite (Tetranychus
viennensis), and the kanzawa mite (T. kanzawai), in accordance with the
Plant Protection and Quarantine Treatment Manual, which is incorporated
by reference at Sec. 300.1 of this chapter.
(b) APHIS inspection. The apples must be inspected upon completion
of the treatments required by paragraph (a) of this section, prior to
export from Japan or the Republic of Korea, by an APHIS inspector and an
inspector from the national plant protection agency of Japan or the
Republic of Korea. The apples shall be subject to further disinfection
in the exporting country if plant pests are found prior to export.
Imported Fuji variety apples inspected in Japan or the Republic of Korea
are also subject to inspection and disinfection at the port of first
arrival, as provided in Sec. 319.56-6.
(c) Trust fund agreements. The national plant protection agency of
the exporting country must enter into a trust fund agreement with APHIS
before APHIS will provide the services necessary for Fuji variety apples
to be imported into the United States from Japan or the Republic of
Korea. The agreement requires the national plant protection agency to
pay in advance of each shipping season all costs that APHIS estimates it
will incur in providing services in Japan or the Republic of Korea
during that shipping season. These costs include administrative expenses
and all salaries (including
[[Page 338]]
overtime and the Federal share of employee benefits), travel expenses
(including per diem expenses), and other incidental expenses incurred by
APHIS in performing these services. The agreement requires the national
plant protection agency to deposit a certified or cashiers check with
APHIS for the amount of these costs, as estimated by APHIS. If the
deposit is not sufficient to meet all costs incurred by APHIS, the
agreement further requires the national plant protection agency to
deposit with APHIS a certified or cashiers check for the amount of the
remaining costs, as determined by APHIS, before APHIS will provide any
more services necessary for Fuji variety apples to be imported into the
United States from that country. After a final audit at the conclusion
of each shipping season, any overpayment of funds will be returned to
the national plant protection agency, or held on account until needed,
at that agency's option.
(d) Department not responsible for damage. The treatments prescribed
in paragraph (a) of this section are judged from experimental tests to
be safe for use with Fuji variety apples from Japan and the Republic of
Korea. However, the Department assumes no responsibility for any damage
sustained through or in the course of such treatment or by compliance
with requirements under paragraph (a) or (b) of this section.
[59 FR 42154, Aug. 17, 1994]
Sec. 319.56-2dd Administrative instructions: conditions governing the entry of tomatoes.
(a) Tomatoes (fruit) (Lycopersicon esculentum) from Spain. Pink or
red tomatoes may be imported into the United States from Spain only
under the following conditions: \1\
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\1\ The surface area of a pink tomato is more than 30 percent but
not more than 60 percent pink and/or red. The surface area of a red
tomato is more than 60 percent pink and/or red. Green tomatoes may be
imported in accordance with Sec. 319.56-2t of this subpart.
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(1) The tomatoes must be grown in the Almeria Province of Spain in
greenhouses registered with, and inspected by, the Spanish Ministry of
Agriculture, Fisheries, and Food (MAFF);
(2) The tomatoes may be shipped only from December 1 through April
30, inclusive;
(3) Two months prior to shipping, and continuing through April 30,
MAFF must set and maintain Mediterranean fruit fly (Medfly) traps baited
with trimedlure inside the greenhouses at a rate of four traps per
hectare. In all areas outside the greenhouses and within 8 kilometers,
including urban and residential areas, MAFF must place Medfly traps at a
rate of four traps per square kilometer. All traps must be checked every
7 days;
(4) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse until
the source of infestation is determined, the Medfly infestation is
eradicated, and measures are taken to preclude any future infestation.
Capture of a single Medfly within 2 kilometers of a registered
greenhouse will necessitate increasing trap density in order to
determine whether there is a reproducing population in the area. Capture
of two Medflies within 2 kilometers of a registered greenhouse and
within a 1-month time period will result in cancellation of exports from
all registered greenhouses within 2 kilometers of the find until the
source of infestation is determined and the Medfly infestation is
eradicated;
(5) MAFF must maintain records of trap placement, checking of traps,
and any Medfly captures, and must make the records available to APHIS
upon request;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by a fruit fly-proof mesh screen or plastic
tarpaulin while in transit to the packing house and while awaiting
packing, and packed in fruit fly-proof containers for transit to the
airport and subsequent shipping to the United States. Transit through
other fruit fly supporting areas is prohibited unless the fruit fly-
proof containers are sealed by MAFF before shipment and the official
seal number is recorded on the phytosanitary certificate; and
[[Page 339]]
(7) MAFF is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by MAFF and bearing
the declaration, ``These tomatoes were grown in registered greenhouses
in Almeria Province in Spain.''
(b) Tomatoes (fruit) (Lycopersicon esculentum) from France. Pink or
red tomatoes may be imported into the United States from France only
under the following conditions: \2\
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\2\ See footnote 1 in paragraph (a) of this section.
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(1) The tomatoes must be grown in the Brittany Region of France in
greenhouses registered with, and inspected by, the Service de la
Protection Vegetaux (SRPV);
(2) From June 1 through September 30, SRPV must set and maintain one
Medfly trap baited with trimedlure inside and one outside each
greenhouse and must check the traps every 7 days;
(3) Capture of a single Medfly inside or outside a registered
greenhouse will immediately result in cancellation of exports from that
greenhouse until the source of the infestation is determined, the Medfly
infestation is eradicated, and measures are taken to preclude any future
infestation;
(4) SRPV must maintain records of trap placement, checking of traps,
and any Medfly captures, and must make them available to APHIS upon
request;
(5) From June 1 through September 30, the tomatoes must be packed
within 24 hours of harvest. They must be safeguarded by fruit fly-proof
mesh screen or plastic tarpaulin while in transit to the packing house
and while awaiting packing, and be packed in fruit fly-proof containers
for transit to the airport and subsequent shipping to the United States.
At all times of the year, transit through other fruit fly supporting
areas is prohibited unless the fruit fly-proof containers are sealed by
SRPV before shipment and the official seal number is recorded on the
phytosanitary certificate; and
(6) SRPV is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by SRPV and bearing
the declaration, ``These tomatoes were grown in registered greenhouses
in the Brittany Region of France.''
(c) Tomatoes (fruit) (Lycopersicon esculentum) from Morocco and
Western Sahara. Pink tomatoes may be imported into the United States
from Morocco and Western Sahara only under the following conditions: \3\
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\3\ See footnote 1 in paragraph (a) of this section.
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(1) The tomatoes must be grown in the provinces of El Jadida or Safi
in Morocco or in the province of Dahkla in Western Sahara in insect-
proof greenhouses registered with, and inspected by, the Moroccan
Ministry of Agriculture, Division of Plant Protection, Inspection, and
Enforcement (DPVCTRF);
(2) The tomatoes may be shipped from Morocco and Western Sahara only
between December 1 and April 30, inclusive;
(3) Beginning 2 months prior to the start of the shipping season and
continuing through the end of the shipping season, DPVCTRF must set and
maintain Mediterranean fruit fly (Medfly) traps baited with trimedlure
inside the greenhouses at a rate of four traps per hectare. In Morocco,
traps must also be placed outside registered greenhouses within a 2
kilometer radius at a rate of four traps per square kilometer. In
Western Sahara, a single trap must be placed outside in the immediate
proximity of each registered greenhouse. All traps in Morocco and
Western Sahara must be checked every 7 days;
(4) DPVCTRF must maintain records of trap placement, checking of
traps, and any Medfly captures, and make the records available to APHIS
upon request;
(5) Capture of a single Medfly in a registered greenhouse will
immediately result in cancellation of exports from that greenhouse until
the source of the infestation is determined, the Medfly infestation has
been eradicated, and measures are taken to preclude any future
infestation. Capture of a single
[[Page 340]]
Medfly within 200 meters of a registered greenhouse will necessitate
increasing trap density in order to determine whether there is a
reproducing population in the area. Six additional traps must be placed
within a radius of 200 meters surrounding the trap where the Medfly was
captured. Capture of 2 Medflies within 200 meters of a registered
greenhouse and within a 1-month time period will necessitate Malathion
bait sprays in the area every 7 to 10 days for 60 days to ensure
eradication;
(6) The tomatoes must be packed within 24 hours of harvest. They
must be safeguarded by a fruit fly-proof mesh screen or plastic
tarpaulin while in transit to the packing house and while awaiting
packing, and packed in fruit fly-proof containers for transit to the
airport and subsequent shipping to the United States. The tomatoes must
be pink at the time of packing. Transit through other fruit fly
supporting areas is prohibited unless the fruit fly-proof containers are
sealed by the Moroccan Ministry of Agriculture, Fresh Product Export
(EACCE), before shipment and the official seal number is recorded on the
phytosanitary certificate; and
(7) EACCE is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by EACCE and
bearing the declaration, ``These tomatoes were grown in registered
greenhouses in El Jadida or Safi Province, Morocco, and were pink at the
time of packing'' or ``These tomatoes were grown in registered
greenhouses in Dahkla Province, Western Sahara and were pink at the time
of packing.''
(d) Tomatoes from Chile. Tomatoes (fruit) (Lycopersicon esculentum)
from Chile, whether green or at any stage of ripeness, may be imported
into the United States only under the following conditions:
(1) The tomatoes must be treated in Chile with methyl bromide in
accordance with the PPQ Treatment Manual, which is incorporated by
reference at Sec. 300.1 of this chapter. The treatment must be conducted
in facilities registered with the Servicio Agricola y Ganadero (SAG) and
with APHIS personnel monitoring the treatments;
(2) The tomatoes must be treated and packed within 24 hours of
harvest. Once treated, the tomatoes must be safeguarded by a fruit fly-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and while awaiting packing, and be packed in fruit fly-proof
containers under APHIS monitoring for transit to the airport and
subsequent shipping to the United States; and
(3) Tomatoes may be imported into the United States from Chile only
if SAG has entered into a trust fund agreement with APHIS for that
shipping season. This agreement requires SAG to pay in advance all costs
that APHIS estimates it will incur in providing the preclearance
services prescribed in this section for that shipping season. These
costs will include administrative expenses incurred in conducting the
preclearance services; and all salaries (including overtime and the
Federal share of employee benefits), travel expenses (including per diem
expenses), and other incidental expenses incurred by the inspectors in
providing these services. The agreement requires SAG to deposit a
certified or cashier's check with APHIS for the amount of these costs
for the entire shipping season, as estimated by APHIS based on projected
shipment volumes and cost figures from previous inspections. The
agreement further requires that, if the initial deposit is not
sufficient to meet all costs incurred by APHIS, SAG must deposit with
APHIS another certified or cashier's check for the amount of the
remaining costs, as determined by APHIS, before the inspections will be
completed. The agreement also requires that, in the event of unexpected
end-of-season costs, SAG must deposit with APHIS a certified cashier's
check sufficient to meet such costs as estimated by APHIS, before any
further preclearance services will be provided. If the amount SAG
deposits during a shipping season exceeds the total cost incurred by
APHIS in providing preclearance services, the difference
[[Page 341]]
will be returned to SAG by APHIS at the end of the shipping season.
(Approved by the Office of Management and Budget under control number
0579-0131)
[63 FR 39216, July 22, 1998]
Sec. 319.56-2ee Administrative instructions: Conditions governing the entry of Ya variety pears from China.
Ya variety pears may be imported into the United States from China
only under the following conditions:
(a) Growing and harvest conditions. (1) The pears must have been
grown by growers registered with the Chinese Ministry of Agriculture in
an APHIS-approved export growing area in the Hebei or Shadong Provinces.
(2) Field inspections for signs of pest infestation must be
conducted by the Chinese Ministry of Agriculture during the growing
season.
(3) The registered growers shall be responsible for following the
phytosanitary measures agreed upon by APHIS and the Chinese Ministry of
Agriculture, including applying pesticides to reduce the pest population
and bagging the pears on the trees to reduce the opportunity for pests
to attack the fruit during the growing season. The bags must remain on
the pears through the harvest and during their movement to the packing
house.
(4) The packing houses in which the pears are prepared for
exportation shall not be used for any fruit other than Ya variety pears
from registered growers during the pear export season. The packing
houses shall accept only those pears that are in intact bags as required
by paragraph (a)(3) of this section. The pears must be loaded into
containers at the packing house and the containers then sealed before
movement to the port of export.
(b) Treatment. The pears must be cold treated for Bactrocera
dorsalis in accordance with the Plant Protection and Quarantine
Treatment Manual, which is incorporated by reference at Sec. 300.1 of
this chapter.
(c) Each shipment of pears must be accompanied by a phytosanitary
certificate issued by the Chinese Ministry of Agriculture stating that
the conditions of paragraphs (a) and (b) of this section have been met.
[60 FR 50386, Sept. 29, 1995, as amended at 66 FR 45161, Aug. 28, 2001]
Sec. 319.56-2ff Administrative instructions governing movement of Hass avocados from Michoacan, Mexico, to approved States.
Fresh Hass variety avocados (Persea americana) may be imported from
Michoacan, Mexico, into the United States for distribution in approved
States only under a permit issued in accordance with Sec. 319.56-4, and
only under the following conditions:
(a) Shipping restrictions. (1) The avocados may be imported in
commercial shipments only;
(2) The avocados may be imported only between October 15 and April
15 of the following year; and
(3) The avocados may be distributed only in the following States:
Colorado, Connecticut, Delaware, the District of Columbia, Idaho,
Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland,
Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, New
Hampshire, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Rhode
Island, South Dakota, Utah, Vermont, Virginia, West Virginia, Wisconsin,
and Wyoming.
(b) Trust fund agreement. The avocados may be imported only if the
Mexican avocado industry association representing Mexican avocado
growers, packers, and exporters has entered into a trust fund agreement
with the Animal and Plant Health Inspection Service (APHIS) for that
shipping season. That agreement requires the Mexican avocado industry
association to pay in advance all estimated costs that APHIS expects to
incur through its involvement in the trapping, survey, harvest, and
packinghouse operations prescribed in paragraph (c) of this section.
These costs will include administrative expenses incurred in conducting
the services and all salaries (including overtime and the Federal share
of employee benefits), travel expenses (including per diem expenses),
and other incidental expenses incurred by the inspectors in performing
these services. The agreement requires the Mexican avocado industry
association to deposit
[[Page 342]]
a certified or cashier's check with APHIS for the amount of those costs,
as estimated by APHIS. If the deposit is not sufficient to meet all
costs incurred by APHIS, the agreement further requires the Mexican
avocado industry association to deposit with APHIS a certified or
cashier's check for the amount of the remaining costs, as determined by
APHIS, before the services will be completed. After a final audit at the
conclusion of each shipping season, any overpayment of funds would be
returned to the Mexican avocado industry association or held on account
until needed.
(c) Safeguards in Mexico. The avocados must have been grown in the
Mexican State of Michoacan in an orchard located in a municipality that
meets the requirements of paragraph (c)(1) of this section. The orchard
in which the avocados are grown must meet the requirements of paragraph
(c)(2) of this section. The avocados must be packed for export to the
United States in a packinghouse that meets the requirements of paragraph
(c)(3) of this section. Sanidad Vegetal must provide an annual work plan
to APHIS that details the activities that Sanidad Vegetal will, subject
to APHIS' approval of the work plan, carry out to meet the requirements
of this section; APHIS will be directly involved with Sanidad Vegetal in
the monitoring and supervision of those activities. The personnel
conducting the trapping and pest surveys must be hired, trained, and
supervised by Sanidad Vegetal or by the Michoacan State delegate of the
Secretaria de Agricultura, Ganaderia y Desarrollo Rural (SAGDR).
(1) Municipality requirements. (i) The municipality must be listed
as an approved municipality in the annual work plan provided to APHIS by
Sanidad Vegetal.
(ii) The municipality must be surveyed at least annually and found
to be free from the large avocado seed weevil Heilipus lauri, the
avocado seed moth Stenoma catenifer, and the small avocado seed weevils
Conotrachelus aguacatae and C. perseae. The survey must cover at least
300 hectares in the municipality and include randomly selected portions
of each registered orchard and areas with wild or backyard avocado
trees. The survey must be conducted during the growing season and
completed prior to the harvest of the avocados.
(iii) Trapping must be conducted in the municipality for
Mediterranean fruit fly (Medfly) (Ceratitis capitata) at the rate of 1
trap per 1 to 4 square miles. Any findings of Medfly must be reported to
APHIS.
(2) Orchard and grower requirements. The orchard and the grower must
be registered with Sanidad Vegetal's avocado export program and must be
listed as an approved orchard or an approved grower in the annual work
plan provided to APHIS by Sanidad Vegetal. The operations of the orchard
must meet the following conditions:
(i) The orchard and all contiguous orchards and properties must be
surveyed annually and found to be free from the avocado stem weevil
Copturus aguacatae. The survey must be conducted during the growing
season and completed prior to the harvest of the avocados.
(ii) Trapping must be conducted in the orchard for the fruit flies
Anastrepha ludens, A. serpentina, and A. striata at the rate of one trap
per 10 hectares. If one of those fruit flies is trapped, at least 10
additional traps must be deployed in a 50-hectare area immediately
surrounding the trap in which the fruit fly was found. If within 30 days
of the first finding any additional fruit flies are trapped within the
260-hectare area surrounding the first finding, malathion bait
treatments must be applied in the affected orchard in order for the
orchard to remain eligible to export avocados.
(iii) Avocado fruit that has fallen from the trees must be removed
from the orchard at least once every 7 days and may not be included in
field boxes of fruit to be packed for export.
(iv) Dead branches on avocado trees in the orchard must be pruned
and removed from the orchard.
(v) Harvested avocados must be placed in field boxes or containers
of field boxes that are marked to show the Sanidad Vegetal registration
number of the orchard. The avocados must be moved from the orchard to
the packinghouse within 3 hours of harvest or
[[Page 343]]
they must be protected from fruit fly infestation until moved.
(vi) The avocados must be protected from fruit fly infestation
during their movement from the orchard to the packinghouse and must be
accompanied by a field record indicating that the avocados originated
from a certified orchard.
(3) Packinghouse requirements. The packinghouse must be registered
with Sanidad Vegetal's avocado export program and must be listed as an
approved packinghouse in the annual work plan provided to APHIS by
Sanidad Vegetal. The operations of the packinghouse must meet the
following conditions:
(i) During the time the packinghouse is used to prepare avocados for
export to the United States, the packinghouse may accept fruit only from
orchards certified by Sanidad Vegetal for participation in the avocado
export program.
(ii) All openings to the outside must be covered by screening with
openings of not more than 1.6 mm or by some other barrier that prevents
insects from entering the packinghouse.
(iii) The packinghouse must have double doors at the entrance to the
facility and at the interior entrance to the area where the avocados are
packed.
(iv) Prior to the culling process, a sample of 300 avocados per
shipment must be selected, cut, and inspected by Sanidad Vegetal and
found free from pests.
(v) The identity of the avocados must be maintained from field boxes
or containers to the shipping boxes so the avocados can be traced back
to the orchard in which they were grown if pests are found at the
packinghouse or the port of first arrival in the United States.
(vi) Prior to being packed in boxes, each avocado fruit must be
cleaned of all stems, leaves, and other portions of plants and labeled
with a sticker that bears the Sanidad Vegetal registration number of the
packinghouse.
(vii) The avocados must be packed in clean, new boxes, or clean
plastic reusable crates. The boxes or crates must be clearly marked with
the identity of the grower, packinghouse, and exporter, and the
statement ``Not for distribution in AL, AK, AZ, AR, CA, FL, GA, HI, LA,
MS, NV, NM, NC, OK, OR, SC, TN, TX, WA, Puerto Rico, and all other U.S.
Territories.''
(viii) The boxes must be placed in a refrigerated truck or
refrigerated container and remain in that truck or container while in
transit through Mexico to the port of first arrival in the United
States. Prior to leaving the packinghouse, the truck or container must
be secured by Sanidad Vegetal with a seal that will be broken when the
truck or container is opened. Once sealed, the refrigerated truck or
refrigerated container must remain unopened until it reaches the port of
first arrival in the United States.
(ix) Any avocados that have not been packed or loaded into a
refrigerated truck or refrigerated container by the end of the work day
must be kept in the screened packing area.
(d) Certification. All shipments of avocados must be accompanied by
a phytosanitary certificate issued by Sanidad Vegetal certifying that
the conditions specified in this section have been met.
(e) Pest detection. (1) If any of the avocado seed pests Heilipus
lauri, Conotrachelus aquacatae, C. perseae, or Stenoma catenifer are
discovered in a municipality during an annual pest survey, orchard
survey, packinghouse inspection, or other monitoring or inspection
activity in the municipality, Sanidad Vegetal must immediately initiate
an investigation and take measures to isolate and eradicate the pests.
Sanidad Vegetal must also provide APHIS with information regarding the
circumstances of the infestation and the pest risk mitigation measures
taken. The municipality in which the pests are discovered will lose its
pest-free certification and avocado exports from that municipality will
be suspended until APHIS and Sanidad Vegetal agree that the pest
eradication measures taken have been effective and that the pest risk
within that municipality has been eliminated.
(2) If Sanidad Vegetal discovers the stem weevil Copturus aguacatae
in an orchard during an orchard survey or other monitoring or inspection
activity in the orchard, Sanidad Vegetal must
[[Page 344]]
provide APHIS with information regarding the circumstances of the
infestation and the pest risk mitigation measures taken. The orchard in
which the pest was found will lose its export certification immediately
and will be denied export certification for the entire shipping season
of October 15 through April 15.
(3) If Sanidad Vegetal discovers the stem weevil Copturus aguacatae
in fruit at a packinghouse, Sanidad Vegetal must investigate the origin
of the infested fruit and provide APHIS with information regarding the
circumstances of the infestation and the pest risk mitigation measures
taken. The orchard where the infested fruit originated will lose its
export certification immediately and will be denied export certification
for the entire shipping season of October 15 through April 15.
(f) Ports. The avocados may enter the United States at:
(1) Any port located in a State specified in paragraph (a)(3) of
this section;
(2) The ports of Galveston or Houston, TX, or the border ports of
Nogales, AZ, or Brownsville, Eagle Pass, El Paso, Hidalgo, or Laredo,
TX; or
(3) Other ports within that area of the United States specified in
paragraph (g) of this section.
(g) Shipping areas. (1) Except as explained below in paragraph
(g)(3) for avocados that enter the United States at Nogales, AZ,
avocados moved by truck or rail car may transit only that area of the
United States bounded as follows:
(i) On the east and south by a line extending from Brownsville, TX,
to Galveston, TX, to Kinder, LA, to Memphis, TN, to Knoxville, TN,
following Interstate 40 to Raleigh, NC, and due east from Raleigh, and
(ii) On the west by following Interstate 10 North from El Paso, TX,
to Las Cruces, NM, and north following Interstate 25 to the Colorado
border, then west along Colorado and Utah's southern borders, then north
along Utah's western border, then west along Idaho's southern border and
north along Idaho's western border to the border with Canada.
(2) All cities on the boundary lines described in paragraph (g)(1)
are included in this shipping area. If the avocados are moved by air,
the aircraft may not land outside this shipping area.
(3) Avocados that enter the United States at Nogales, AZ, must be
moved to Las Cruces, NM, by the route specified on the permit, and then
must remain within the shipping area described above in this paragraph.
(h) Shipping requirements. The avocados must be moved through the
United States either by air or in a refrigerated truck or refrigerated
rail car or in a refrigerated container on a truck or rail car. If the
avocados are moved in a refrigerated container on a truck or rail car,
an inspector must seal the container with a serially numbered seal at
the port of first arrival in the United States. If the avocados are
moved in a refrigerated truck or a refrigerated rail car, an inspector
must seal the truck or rail car with a serially numbered seal at the
port of first arrival in the United States. If the avocados are
transferred to another vehicle or container in the United States, an
inspector must be present to supervise the transfer and must apply a new
serially numbered seal. The avocados must be moved through the United
States under Customs bond.
(i) Inspection. The avocados are subject to inspection by an
inspector at the port of first arrival, at any stops in the United
States en route to an approved State, and upon arrival at the terminal
market in the approved States. At the port of first arrival, an
inspector will sample and cut avocados from each shipment to detect pest
infestation.
(j) Repackaging. If any avocados are removed from their original
shipping boxes and repackaged, the stickers required by paragraph
(c)(3)(vi) of this section may not be removed or obscured and the new
boxes must be clearly marked with all the information required by
paragraph (c)(3)(vii) of this section.
(k) Compliance agreements. (1) Any person, other than the permittee,
who moves or distributes the avocados following their importation into
the United States (i.e., a second-party or subsequent handler) must
enter into a compliance agreement with APHIS. In the compliance
agreement, the person
[[Page 345]]
must acknowledge, and agree to observe, the requirements of paragraph
(a) and paragraphs (f) through (k) of this section. Compliance agreement
forms are available, free of charge, from local offices of Plant
Protection and Quarantine, which are listed in local telephone
directories. A compliance agreement will not be required for an
individual place of business that only offers the avocados for sale
directly to consumers.
(2) Before transferring the avocados to any person (i.e., a second-
party handler) for movement or distribution, the permittee must confirm
that the second-party handler has entered into a compliance agreement
with APHIS as required by paragraph (k)(1) of this section. If the
permittee transfers the avocados to a second-party handler who has not
entered into a compliance agreement, APHIS may revoke the permittee's
import permit for the remainder of the current shipping season.
(3) Any second-party or subsequent handler who transfers the
avocados to another person for movement or distribution must confirm
that the person receiving the avocados has entered into a compliance
agreement with APHIS as required by paragraph (k)(1) of this section. If
the second-party or subsequent handler transfers the avocados to a
person who has not entered into a compliance agreement, APHIS may revoke
the handler's compliance agreement for the remainder of the current
shipping season.
(4) Action on repeat violators. APHIS may deny an application for an
import permit from, or refuse to enter into a compliance agreement with,
any person who has had his or her import permit or compliance agreement
revoked under paragraph (k)(2) or (k)(3) of this section twice within
any 5-year period.
(Approved by the Office of Management and Budget under control number
0579-0129)
[62 FR 5313, Feb. 5, 1997, as amended at 64 FR 68005, Dec. 6, 1999; 66
FR 55551, Nov. 1, 2001]
Sec. 319.56-2gg Administrative instructions; conditions governing the entry of peppers from Spain.
Peppers (fruit) (Capsicum spp.) may be imported into the United
States from Spain only under permit, and only in accordance with this
section and all other applicable requirements of this subpart:
(a) The peppers must be grown in the Almeria Province of Spain in
pest-proof greenhouses registered with, and inspected by, the Spanish
Ministry of Agriculture, Fisheries, and Food (MAFF);
(b) The peppers may be shipped only from December 1 through April
30, inclusive;
(c) Beginning October 1, and continuing through April 30, MAFF must
set and maintain Mediterranean fruit fly (Medfly) traps baited with
trimedlure inside the greenhouses at a rate of four traps per hectare.
In all outside areas, including urban and residential areas, within 8
kilometers of the greenhouses, MAFF must set and maintain Medfly traps
baited with trimedlure at a rate of four traps per square kilometer. All
traps must be checked every 7 days;
(d) Capture of a single Medfly in a registered greenhouse will
immediately halt exports from that greenhouse until the Deputy
Administrator determines that the source of infestation has been
identified, that all Medflies have been eradicated, and that measures
have been taken to preclude any future infestation. Capture of a single
Medfly within 2 kilometers of a registered greenhouse will necessitate
increased trap density in order to determine whether there is a
reproducing population in the area. Capture of two Medflies within 2
kilometers of a registered greenhouse during a 1-month period will halt
exports from all registered greenhouses within 2 kilometers of the
capture, until the source of infestation is determined and all Medflies
are eradicated;
(e) The peppers must be safeguarded against fruit fly infestation
from harvest to export. Such safeguarding includes covering newly
harvested peppers with fruit fly-proof mesh screen or plastic tarpaulin
while in transit to the packing house and while awaiting packing, and
packing the peppers in fruit fly-proof cartons, or cartons covered with
fruit-fly proof mesh or plastic tarpaulin, and placing those cartons in
enclosed shipping containers for transit to the airport and subsequent
shipment to the United States;
[[Page 346]]
(f) The peppers must be packed for shipment within 24 hours of
harvest;
(g) During shipment, the peppers may not transit other fruit fly-
supporting areas unless shipping containers are sealed by MAFF with an
official seal whose number is noted on the phytosanitary certificate;
and
(h) A phytosanitary certificate issued by MAFF and bearing the
declaration, ``These peppers were grown in registered greenhouses in
Almeria Province in Spain,'' must accompany the shipment.
[63 FR 65656, Nov. 30, 1998]
Sec. 319.56-2hh Conditions governing the entry of peppers from New Zealand.
Peppers from New Zealand may be imported into the United States only
under the following conditions:
(a) The peppers must be grown in New Zealand in insect-proof
greenhouses approved by the New Zealand Ministry of Agriculture and
Forestry (MAF).
(b) The greenhouses must be equipped with double self-closing doors,
and any vents or openings in the greenhouses (other than the double
closing doors) must be covered with 0.6 mm screening in order to prevent
the entry of pests into the greenhouse.
(c) The greenhouses must be examined periodically by MAF to ensure
that the screens are intact.
(d) Each shipment of peppers must be accompanied by a phytosanitary
certificate of inspection issued by MAF bearing the following
declaration: ``These peppers were grown in greenhouses in accordance
with the conditions in Sec. 319.56-2hh.''
[66 FR 45161, Aug. 28, 2001]
Sec. 319.56-2ii Administrative instructions: conditions governing the entry of mangoes from the Philippines.
Mangoes (fruit) (Mangifera indica) may be imported into the United
States from the Philippines only under the following conditions:
(a) Limitation of origin. The mangoes must have been grown on the
island of Guimaras, which the Administrator has determined meets the
criteria set forth in Sec. 319.56-2(e)(4) and Sec. 319.56-2(f) with
regard to the mango seed weevil (Sternochetus mangiferae).
(b) Treatment. The mangoes must be subjected to the following vapor
heat treatment for fruit flies of the genus Bactrocera. The treatment
must be conducted in the Philippines under the supervision of an
inspector.
(1) Size the fruit before treatment. Place temperature probes in the
center of the large fruits.
(2) Raise the temperature of the fruit by saturated water vapor at
117.5 deg.F (47.5 deg.C) until the approximate center of the fruit
reaches 114.8 deg.F (46 deg.C) within a minimum of 4 hours.
(3) Hold fruit temperature at 114.8 deg.F (46 deg.C) for 10
minutes.
(4) During the run-up time, temperature should be recorded from each
pulp sensor once every 5 minutes. During the 10 minutes holding time,
temperature should be recorded from each pulp sensor every minute.
During the last hour of the treatment, which includes the 10-minute
holding time, the relative humidity must be maintained at a level of 90
percent or higher. After the fruit are treated, air cooling and/or
drench cooling are optional.
(c) APHIS inspection. Mangoes from the Philippines are subject to
inspection under the direction of an inspector, either in the
Philippines or at the port of first arrival in the United States.
Mangoes inspected in the Philippines are subject to reinspection at the
port of first arrival in the United States as provided in Sec. 319.56-6.
(d) Labeling. Each box of mangoes must be clearly labeled in
accordance with Sec. 319.56-2(g).
(e) Phytosanitary certificate. Each shipment of mangoes must be
accompanied by a phytosanitary certificate issued by the Republic of the
Philippines Department of Agriculture that contains additional
declarations stating that the mangoes were grown on the island of
Guimaras and have been treated for fruit flies of the genus Bactrocera
in accordance with paragraph (b) of this section.
(f) Trust Fund Agreement. Mangoes that are treated or inspected in
the Philippines may be imported into the United States only if the
Republic of the Philippines Department of Agriculture (RPDA) has entered
into a
[[Page 347]]
trust fund agreement with APHIS. That agreement requires the RPDA to
pay, in advance of each shipping season, all costs that APHIS estimates
it will incur in providing inspection services in the Philippines during
that shipping season. Those costs include administrative expenses and
all salaries (including overtime and the Federal share of employee
benefits), travel expenses (including per diem expenses), and other
incidental expenses incurred by APHIS in performing these services. The
agreement requires the RPDA to deposit a certified or cashier's check
with APHIS for the amount of those costs, as estimated by APHIS. If the
deposit is not sufficient to meet all costs incurred by APHIS, the
agreement further requires the RPDA to deposit with APHIS a certified or
cashier's check for the amount of the remaining costs, as determined by
APHIS, before any more mangoes will be treated or inspected in the
Philippines. After a final audit at the conclusion of each shipping
season, any overpayment of funds would be returned to the RPDA or held
on account until needed, at the RPDA's option.
(g) Department not responsible for damage. The treatment for mangoes
prescribed in paragraph (b) of this section is judged from experimental
tests to be safe. However, the Department assumes no responsibility for
any damage sustained through or in the course of such treatment.
[66 FR 32213, June 14, 2001]
Sec. 319.56-2jj Administrative instructions; conditions governing the importation of clementines from Spain.
Clementines (Citrus reticulata) from Spain may only be imported into
the United States in accordance with the regulations in this section.
(a) Trust fund agreement. Clementines from Spain may be imported
only if the Government of Spain or its designated representative enters
into a trust fund agreement with the Animal and Plant Health Inspection
Service (APHIS) before each shipping season. The Government of Spain or
its designated representative is required to pay in advance all
estimated costs that APHIS expects to incur through its involvement in
overseeing the execution of paragraphs (b) through (g) of this section.
These costs will include administrative expenses incurred in conducting
the services enumerated in paragraphs (b) through (g) of this section
and all salaries (including overtime and the Federal share of employee
benefits), travel expenses (including per diem expenses), and other
incidental expenses incurred by the inspectors in performing these
services. The Government of Spain or its designated representative is
required to deposit a certified or cashier's check with APHIS for the
amount of the costs estimated by APHIS. If the deposit is not sufficient
to meet all costs incurred by APHIS, the agreement further requires the
Government of Spain or its designated representative to deposit with
APHIS a certified or cashier's check for the amount of the remaining
costs, as determined by APHIS, before the services will be completed.
After a final audit at the conclusion of each shipping season, any
overpayment of funds would be returned to the Government of Spain or its
designated representative or held on account until needed.
(b) Grower registration and agreement. Persons who produce
clementines in Spain for export to the United States must:
(1) Be registered with the Government of Spain; and
(2) Enter into an agreement with the Government of Spain whereby the
producer agrees to participate in and follow the Mediterranean fruit fly
management program established by the Government of Spain.
(c) Management program for Mediterranean fruit fly; monitoring. The
Government of Spain's Mediterranean fruit fly management program must be
approved by APHIS, and must contain the fruit fly trapping and
recordkeeping requirements specified in this paragraph. The program must
also provide that clementine producers must allow APHIS inspectors
access to clementine production areas in order to monitor compliance
with the Mediterranean fruit fly management program.
[[Page 348]]
(1) Trapping and control. In areas where clementines are produced
for export to the United States, traps must be placed in Mediterranean
fruit fly host plants at least 6 weeks prior to harvest. Bait treatments
using malathion, spinosad, or another pesticide that is approved by
APHIS and the Government of Spain must be applied in the production
areas at the rate specified by Spain's Medfly management program.
(2) Records. The Government of Spain or its designated
representative must keep records that document the fruit fly trapping
and control activities in areas that produce clementines for export to
the United States. All trapping and control records kept by the
Government of Spain or its designated representative must be made
available to APHIS upon request.
(3) Compliance. If APHIS determines that an orchard is not operating
in compliance with the regulations in this section, it may suspend
exports of clementines from that orchard.
(d) Phytosanitary certificate. Clementines from Spain must be
accompanied by a phytosanitary certificate stating that the fruit meets
the conditions of the Government of Spain's Mediterranean fruit fly
management program and applicable APHIS regulations.
(e) Labeling. Boxes in which clementines are packed must be labeled
with a lot number that provides information to identify the orchard
where the fruit was grown and the packinghouse where the fruit was
packed. The lot number must end with the letters ``US.'' For the 2002-
2003 shipping season, boxes must also be labeled with the following
statement ``Not for distribution in AZ, CA, FL, LA, TX, Puerto Rico, and
any other U.S. Territories.'' All labeling must be large enough to
clearly display the required information and must be located on the
outside of the boxes to facilitate inspection.
(f) Pre-treatment sampling; rates of inspection. For each shipment
of clementines intended for export to the United States, prior to cold
treatment, APHIS inspectors will cut and inspect 200 fruit that are
randomly selected from throughout the shipment. If inspectors find a
single live Mediterranean fruit fly in any stage of development during
an inspection, the entire shipment of clementines will be rejected. If a
live Mediterranean fruit fly in any stage of development is found in any
two lots of fruit from the same orchard during the same shipping season,
that orchard will be removed from the export program for the remainder
of that shipping season.
(g) Cold treatment. Clementines must be cold treated in accordance
with the Plant Protection and Quarantine (PPQ) Treatment Manual, which
is incorporated by reference at Sec. 300.1 of this chapter. Upon arrival
of clementines at a port of entry into the United States, APHIS
inspectors will examine the cold treatment data for each shipment to
ensure that the cold treatment was successfully completed. If the cold
treatment has not been successfully completed, the shipment will be held
until appropriate remedial actions have been implemented.
(h) Port of entry sampling. Clementines imported from Spain are
subject to inspection by an inspector at the port of entry into the
United States. At the port of first arrival, an inspector will sample
and cut clementines from each shipment to detect pest infestation
according to sampling rates determined by the Administrator. If a single
live Mediterranean fruit fly in any stage of development is found, the
shipment will be held until an investigation is completed and
appropriate remedial actions have been implemented.
(i) Limited distribution. For the 2002-2003 shipping season,
clementines from Spain may not be imported into, or distributed within,
the following U.S. States and Territories: Arizona, California, Florida,
Louisiana, Texas, Puerto Rico, the U.S. Virgin Islands, the Northern
Mariana Islands, Guam, or American Samoa.
(j) Suspension of program. If APHIS determines at any time that the
safeguards contained in this section are not protecting against the
introduction of Medflies into the United States, APHIS may suspend the
importation of clementines and conduct an investigation into the cause
of the deficiency.
(k) Definitions.
[[Page 349]]
Lot. A number of units of clementines that are from a common origin
(i.e., a single producer or a homogenous production unit \1\).
---------------------------------------------------------------------------
\1\ A homogeneous production unit is a group of adjacent orchards in
Spain that are owned by one or more growers who follow a homogenous
production system under the same technical guidance.
---------------------------------------------------------------------------
Orchard. A plot on which clementines are grown that is separately
registered in the Spanish Medfly management program.
Shipment. (1) Untreated fruit. For untreated fruit, the term means
one or more lots (containing no more than a combined total of 200,000
boxes of clementines) that are presented to an APHIS inspector for pre-
treatment inspection.
(2) Treated fruit. For treated fruit, the term means one or more
lots of clementines that are imported into the United States on the same
conveyance.
Shipping season. For the purposes of this section, a shipping season
is considered to include the period beginning approximately in mid-
September and ending approximately in late February of the next calendar
year.
(Approved by the Office of Management and Budget under control number
0579-0203)
[67 FR 64738, Oct. 21, 2002]
Sec. 319.56-3 Applications for permits for importation of fruits and vegetables.
(a) Persons contemplating the importation of fruits or vegetables
the entry of which is authorized in the regulations in this subpart
shall first make application to the Plant Protection and Quarantine
Programs for a permit, stating in the application the country or
locality of origin of the fruits or vegetables, the port of first
arrival, and the name and address of the importer in the United States
to whom the permit should be sent.
(b) Applications for permits should be made in advance of the
proposed shipments; but if, through no fault of the importer, a shipment
should arrive before a permit is received, the importation will be held
in customs custody at the port of first arrival, at the risk and expense
of the importer, for a period not exceeding 20 days pending the receipt
of the permit.
(c) Application may be made by telegraph, in which case the
information required above must be given.
(d) A separate permit must be secured for shipments from each
country and for each port of first arrival in the United States.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.56-4 Issuance of permits.
Upon receipt of an application and upon approval by an inspector a
permit will be issued specifying the conditions of entry and the port of
entry to carry out the purposes of this subpart, and a copy will be
supplied to the importer.
Sec. 319.56-5 Notice of arrival by permittee.
(a) Immediately upon the arrival of fruits or vegetables, from the
countries specified in Sec. 319.56, at the port of first arrival, the
permittee or his agent shall submit a notice, in duplicate, to the Plant
Protection and Quarantine Programs, through the United States Collector
of Customs, or, in the case of Guam, through the Customs officer of the
Government of Guam, on forms provided for that purpose, stating the
number of the permit; the kinds of fruits or vegetables; the quantity or
the number of crates or other containers included in the shipment; the
country or locality where the fruits or vegetables were grown; the date
of arrival; the name of the vessel, the name and the number, if any, of
the dock where the fruits or vegetables are to be unloaded, and the name
of the importer or broker at the port of first arrival, or, if shipped
by rail, the name of the railroad, the car numbers, and the terminal
where the fruits or vegetables are to be unloaded.
(b) Permits may be revoked and other permits refused if the
permittee or his agent fails to submit the notice
[[Page 350]]
of arrival or gives a false notice or in any other way violates the
quarantine.
(Approved by the Office of Management and Budget under control number
0579-0049)
[24 FR 10788, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.56-6 Inspection and other requirements at the port of first arrival.
(a) Inspection and treatment. All imported fruits or vegetables
shall be inspected, and shall be subject to such disinfection at the
port of first arrival as may be required by an inspector, and shall be
subject to reinspection at other locations at the option of an
inspector. If an inspector finds a plant pest or evidence of a plant
pest on or in any fruit or vegetable or its container, or finds that the
fruit or vegetable may have been associated with other articles infested
with plant pests, the owner or agent of the owner of the fruit or
vegetable shall clean or treat the fruit or vegetable and its container
as required by an inspector, and the fruit or vegetable shall also be
subject to reinspection, cleaning, and treatment at the option of an
inspector at any time and place before all applicable requirements of
this subpart have been accomplished.
(b) Assembly for inspection. The owner or agent of the owner shall
assemble imported fruits and vegetables for inspection at the port of
first arrival, or at any other place prescribed by an inspector, at a
place and time and in a manner designated by an inspector.
(c) Refusal of entry. If an inspector finds that an imported fruit
or vegetable is prohibited or is so infested with a plant pest that, in
the judgment of the inspector, it cannot be cleaned or treated, or
contains soil or other prohibited contaminants, the entire lot may be
refused entry into the United States.
(d) Release for movement. No person shall move from the port of
first arrival any imported fruit or vegetable unless and until an
inspector notifies the person (in person, in writing, by telephone, or
through electronic means) that the fruit or vegetable:
(1) Has been released; or
(2) Requires reinspection, cleaning, or treatment of the fruit or
vegetable at that port or at a place other than the port of first
arrival, or is prohibited and must be exported from the United States.
(e) Notice to owner of actions ordered by inspector. If an inspector
orders any disinfection, cleaning, treatment, reexportation, or other
action with regard to imported fruits or vegetables, the inspector shall
file an emergency action notification (PPQ Form 523) with the owner of
the fruits or vegetables or an agent of the owner. The owner must,
within the time specified in the PPQ Form 523, destroy the fruits and
vegetables, ship them to a point outside the United States, move them to
an authorized site, and/or apply treatments or other safeguards to the
fruits and vegetables as prescribed by an inspector to prevent the
introduction of plant pests into the United States.
(f) Costs and charges. The Animal and Plant Health Inspection
Service (APHIS), U.S. Department of Agriculture will be responsible only
for the costs of providing the services of an inspector during regularly
assigned hours of duty and at the usual places of duty.1 The
owner of imported fruits or vegetables is responsible for all additional
costs of inspection, treatment, movement, storage, or destruction
ordered by an inspector under this subpart, including any labor,
chemicals, packing materials, or other supplies required. APHIS will not
be responsible for any costs or charges, other than those identified in
this section.
---------------------------------------------------------------------------
\1\ Provisions relating to costs for other services of an inspector
are contained in 7 CFR part 354.
[60 FR 62320, Dec. 6, 1995]
Sec. 319.56-7 Inspection of baggage and cargo on the dock.
Inspectors of the U.S. Department of Agriculture are authorized to
cooperate with the customs inspectors in the examination of all baggage
or other personal belongings of passengers or members of crews of
vessels or other carriers whenever such examination is deemed necessary
for the purpose of enforcing the provisions of Sec. 319.56 with respect
to the entry of any prohibited or restricted fruits or vegetables or
[[Page 351]]
plants or portions of plants which may be contained in the baggage or
other belongings of such persons.
Sec. 319.56-8 Territorial applicability.
The regulations in this subpart shall apply with respect to
importations into the continental United States, Guam, Hawaii, Puerto
Rico, and the Virgin Islands of the United States.
Subpart--Wheat Diseases
Sec. 319.59 Prohibitions on importation; disposal of articles refused importation.
(a) To prevent the introduction into the United States of foreign
strains of flag smut and Karnal bunt, the importation of the articles
designated in Sec. 319.59-2(a) and (b) may not be imported into the
United States except as provided in Sec. 319.59-2(c).
(b) Any article refused importation in accordance with the
requirements of this subpart shall be promptly removed from the United
States or destroyed as deemed necessary by an inspector at the expense
of the importer, and pending such action shall be subject to the
immediate application of such safeguards against escape of injurious
plant diseases (including foreign strains of flag smut) and Karnal bunt,
injurious insect pests and other plant pests as an inspector determines
necessary to prevent the introduction into the United States of such
diseases or pests. If the article is not promptly safeguarded, removed
from the United States, or destroyed as deemed necessary by an inspector
at the expense of the importer, it may be seized, destroyed, or
otherwise disposed of in accordance with section 414 of the Plant
Protection Act (7 U.S.C. 7714).
[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735 Oct. 14, 1983; 63
FR 31101, June 8, 1998; 66 FR 21056, Apr. 27, 2001]
Sec. 319.59-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Deputy Administrator. The Deputy Administrator of Plant Protection
and Quarantine, Animal and Plant Health Inspection Service, U.S.
Department of Agriculture, or any other officer or employee of said
Service to whom authority to act in his/her stead has been or may
hereafter be delegated.
Disease. The term, in addition to its common meaning, includes a
disease agent which incites a disease.
Foreign strains of flag smut. Plant diseases caused by foreign
strains of highly infective fungi, Urocystis agropyri (Preuss) Schroet.,
which attack wheat and substantially reduce its yield, and which are new
to or not widely prevalent or distributed within and throughout the
United States.
From. An article is considered to be ``from'' any country or
locality in which it was grown.
Inspector. Any employee of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, U.S. Department of Agriculture, or
other person, authorized by the Deputy Administrator in accordance with
law to enforce the provisions of the regulations in this subpart.
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
Person. An individual, corporation, company, society, or
association.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Protection Act and related legislation, quarantines, and
regulations.
Prohibited article. Any class of seed, plant, or other plant product
specified as prohibited articles in Sec. 319.59-2(a) or (b).
Secretary. The Secretary of Agriculture, or any other officer or
employee of the Department of Agriculture to whom authority to act in
his/her stead has been or may hereafter be delegated.
Spp. (species). All species, clones, cultivars, strains, varieties,
and hybrids, of a genus.
United States. The States, District of Columbia, American Samoa,
Northern
[[Page 352]]
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735, Oct. 14, 1983; 63
FR 50752, Sept. 23, 1998; 66 FR 21057, Apr. 27, 2001]
Sec. 319.59-2 Prohibited articles.
(a) The articles listed in paragraph (a)(1) of this section from the
countries and localities listed in paragraph (a)(2) of this section are
prohibited articles because of foreign strains of flag smut and are
prohibited from being imported or offered for entry into the United
States except as provided in paragraph (c) of this section.
(1)(i) Seeds, plants, and straw (other than straw, with or without
heads and which have been processed or manufactured for use indoors,
such as for decorative purposes or for use as toys), chaff, and products
of the milling process (i.e., bran, shorts, thistle sharps, and
pollards) other than flour of Triticum spp. (wheat) or of Aegilops spp.
(barb goatgrass, goatgrass).
(ii) Seeds of melilotus indica (annual yellow sweetclover) and seeds
of any other field crops that have been separated from wheat during the
screening process.
(2) Afghanistan, Algeria, Armenia, Australia, Azerbaijan,
Bangladesh, Belarus, Bulgaria, Chile, China, Cyprus, Egypt, Estonia,
Falkland Islands, Georgia, Greece, Guatemala, Hungary, India, Iran,
Iraq, Israel, Italy, Japan, Kazakstan, Kyrgyzstan, Latvia, Libya,
Lithuania, Moldova, Morocco, Nepal, North Korea, Oman, Pakistan,
Portugal, Romania, Russia, Spain, Tajikistan, Tanzania, Tunisia, Turkey,
Turkmenistan, South Africa, South Korea, Ukraine, Uzbekistan, and
Venezuela.
(b) The articles listed in paragraph (b)(1) of this section from the
countries and locations listed in paragraph (b)(2) of this section are
prohibited articles because of Karnal bunt:
(1) Seeds, plants, straw (other than straw without heads and which
have been processed or manufactured into articles such as decorative
wall hangings, clothing or toys), chaff, and products of the milling
process (i.e., bran, shorts, thistle sharps, and pollards) other than
flour of Triticum spp. (wheat).
(2) Afghanistan, India, Iraq, Mexico (except for that portion of the
Mexicali Valley described in paragraph (b)(3) of this section) and
Pakistan.
(3) The following area of the Mexicali Valley in Mexico has been
determined to be free from Karnal bunt: Those portions of the
municipality of Mexicali, in the State of Baja California, and the
municipality of San Luis Rio Colorado, in the State of Sonora, that are
included in the Distrito de Desarrollo Rural (Rural Development
District) 002 Rio Colorado. Except for wheat (Triticum spp.) plants,
which are prohibited importation under Sec. 319.37-2(a) (see Poaceae) of
this part, any articles described in paragraph (b)(1) of this section
that are from that designated area may be imported into the United
States subject to the following conditions:
(i) The articles are offered for entry at the port of Calexico, CA;
and
(ii) The articles offered for entry are made available for
examination by an inspector and remain at the port until released, or
authorized further movement pending release, by an inspector; and
(iii) The articles are accompanied by a phytosanitary certificate
issued by the Mexican national plant protection organization that
certifies that the articles are from the area of the Mexicali Valley
described in this paragraph and remained within that area prior to and
during their movement to the United States.
(c) Any article listed as a prohibited article in paragraph (a) or
(b) of this section may be imported or offered for entry into the United
States if:
(1) Imported by the U.S. Department of Agriculture for experimental
or scientific purposes;
(2) Imported at the Plant Germplasm Quarantine Center, Building 320,
Beltsville Agricultural Center East, Beltsville, MD 20705 or at any port
of entry with an asterisk listed in Sec. 319.37-14(b) of this part.
(3) Imported pursuant to a Departmental permit issued for such
article and kept on file at the Plant Germplasm Quarantine Center;
(4) Imported under conditions specified on the Departmental permit
and found by the Deputy Administrator to
[[Page 353]]
be adequate to prevent the introduction into the United States of tree,
plant, or fruit diseases (including foreign strains of flag smut),
injurious insects, and other plant pests, i.e., conditions of treatment,
processing, growing, shipment, disposal; and
(5) Imported with a Departmental tag or label securely attached to
the outside of the container containing the article or securely attached
to the article itself if not in a container, and with such tag or label
bearing a Departmental permit number corresponding to the number of the
Departmental permit issued for such article.
[46 FR 54320, Nov. 2, 1981, as amended at 48 FR 46735 Oct. 14, 1983; 49
FR 24877, June 18, 1984; 63 FR 31101, June 8, 1998]
Subpart--Packing Materials
Quarantine
Sec. 319.69 Notice of quarantine.
(a) The following plants and plant products, when used as packing
materials, are prohibited entry into the United States from the
countries and localities named:
(1) Rice straw, hulls, and chaff; from all countries.
(2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass,
napier grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne);
all parts, from all countries except Mexico, and the countries of
Central America, the West Indies, and South America.
(3) Cotton and cotton products (lint, waste, seed cotton,
cottonseed, and cottonseed hulls); from all countries.
(4) Sugarcane; all parts of the plant including bagasse, from all
countries.
(5) Bamboo; leaves and small shoots, from all countries.
(6) Leaves of plants; from all countries.
(7) Forest litter; from all countries.
(8) Soil containing an appreciable admixture of vegetable matter,
from all countries, except such types of soil or earth as are authorized
as safe for packing by the rules and regulations promulgated
supplemental to this quarantine.
Exceptions to the above prohibitions may be authorized in the case of
specific materials which have been so prepared, manufactured, or
processed that in the judgment of the inspector no pest risk is involved
in their entry.
(b) The following plants and plant products when used as packing
materials will be permitted entry into the United States from the
countries and localities designated below only in accordance with the
regulations supplemental to this quarantine:
(1) Cereal straw, hulls, and chaff (such as oats, barley, and rye)
from all countries, except rice straw, hulls, and chaff, which are
prohibited importation from all countries by paragraph (a)(1) of this
section, and except wheat straw, hulls, and chaff, which are restricted
importation by Sec. 319.59 of this part from any country or locality
listed in Sec. 319.59-2 of this part.
(2) Corn and allied plants (maize, sorghum, broomcorn, Sudan grass,
napier grass, jobs-tears, teosinte, Polytoca, Sclerachne, Chionachne);
all parts, from Mexico and the countries of Central America, the West
Indies, and South America.
(3) Grasses and hay and similar indefinite dried or cured masses of
grasses, weeds, and herbaceous plants; from all countries.
(4) Soil containing an appreciable admixture of vegetable matter,
from all countries, which is authorized as safe for packing by the rules
and regulations promulgated supplemental to this quarantine.
(c) However, whenever the Deputy Administrator of the Plant
Protection and Quarantine Programs shall find that existing conditions
as to pest risk involved in the movement 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 findings in administrative instructions,
specifying the manner in which the regulations shall be made less
stringent, whereupon such modification shall become effective; or he
may, when the public interests will permit, with respect to the
importation of such articles into Guam, upon request in specific cases,
authorize such importation under conditions, specified in the permit to
carry out the purposes of this subpart, that are less stringent
[[Page 354]]
than those contained in the regulations.
(d) This quarantine shall leave in full force and effect all other
quarantines and orders.
(e) As used in this subpart, unless the context otherwise requires,
the term United States means the States, the District of Columbia, Guam,
Puerto Rico, and the Virgin Islands of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 26 FR 9333, Oct. 4, 1961; 36
FR 24917, Dec. 24, 1971; 60 FR 27682, May 25, 1995; 63 FR 31102, June 8,
1998]
Sec. 319.69a Administrative instructions and interpretation relating to the entry into Guam of plant materials specified in Sec. 319.69.
(a) Plants and products designated in Sec. 319.69(a)(1), (3), (4),
and (5) and (b)(1) and (3) as prohibited or restricted entry into the
United States from the countries and localities named may be imported
into Guam as packing materials without prohibition or restriction under
this subpart. Inspection of such importations may be made under the
general authority of Sec. 330.105(a) of this chapter. If an importation
is found infected, infested, or contaminated with any plant pest and is
not subject to disposal under this part, disposition may be made in
accordance with Sec. 330.106 of this chapter.
(b) Corn and allied plants listed in Sec. 319.69(a)(2) may be
imported into Guam subject to the requirements of Secs. 319.69-2,
319.69-3, and 319.69-4.
(c) Under Sec. 319.69(a) (6) and (7), coconut fronds and other parts
of the coconut trees are prohibited entry into Guam as packing materials
except as permitted in Sec. 319.37-9.
[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27682, May 25, 1995; 62
FR 65009, Dec. 10, 1997]
Rules and Regulations
Sec. 319.69-1 Definitions.
(a) Packing materials. The expression ``packing material'', as used
in Sec. 319.69, includes any of the plants or plant products enumerated,
when these are associated with or accompany any commodity or shipment to
serve for filling, wrapping, ties, lining, mats, moisture retention,
protection, or for any other purpose; and the word ``packing'', as used
in the expression ``packing materials'', shall include the presence of
such materials within, in contact with, or accompanying such commodity
or shipment. \1\
---------------------------------------------------------------------------
\1\ Since it is the packing materials themselves which constitute
the danger and not the manner of use, it is intended that the definition
shall include their presence within or accompanying a shipment
regardless of their function or relation to a shipment or the character
of the shipment.
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(b) Soil containing vegetable matter. Soil containing an appreciable
admixture of vegetable matter, here brought under quarantine only
because its content of decaying vegetation or plant remains carries a
definite pest risk, is to be distinguished from soil of purely mineral
or earthy composition, which is not covered by this quarantine.
(c) Inspector. An inspector of the U.S. Department of Agriculture.
Sec. 319.69-2 Freedom from pests.
All packing materials allowed entry under restriction shall be free
from injurious insects and plant diseases.
Sec. 319.69-3 Entry inspection.
All packing materials shall be subject to inspection at time of
entry.
Sec. 319.69-4 Disposition of materials found in violation.
If the inspector shall find packing materials associated with or
accompanying any commodity or shipment being imported, or to have been
imported, in violation of Sec. 319.69 or of the regulations in this
subpart or shall find them infested or infected with injurious insects
or plant diseases, he may refuse entry to the shipment, or he may seize
and destroy or otherwise dispose of such packing material, or he may
require it to be replaced, or sterilized, or otherwise treated.
Sec. 319.69-5 Types of soil authorized for packing.
The following types of soil or earth are authorized as safe for
packing: (a) Peat, (b) peat moss, and (c) Osmunda fiber.
[[Page 355]]
Subpart--Coffee
Source: 63 FR 65650, Nov. 30, 1998, unless otherwise noted.
Sec. 319.73-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to act
in his or her stead.
Inspector. Any individual authorized by the Administrator to enforce
this subpart.
Sample. Unroasted coffee not for commercial resale. Intended use
includes, but is not limited to, evaluation, testing, or market
analysis.
United States. The States, District of Columbia, Guam, Northern
Mariana Islands, Puerto Rico, and the Virgin Islands of the United
States.
Unroasted coffee. The raw or unroasted seeds or beans of coffee.
Sec. 319.73-2 Products prohibited importation.
(a) To prevent the spread of the coffee berry borer Hypothenemus
hampei (Ferrari) and the fungus Hemileia vastatrix (Berkely and Broome),
which causes an injurious rust disease, the following articles are
prohibited importation into Hawaii and Puerto Rico, except as provided
in Sec. 319.73-3 of this subpart:
(1) Unroasted coffee;
(2) Coffee plants and leaves; and
(3) Empty sacks previously used for unroasted coffee.
(b) Due to the risk of Mediterranean fruit fly and other injurious
insects, seeds of all kinds when in pulp, including coffee berries or
fruits, are prohibited importation into all parts of the United States
by Sec. 319.37-2(a) of this part, except as provided in Sec. 319.37-
2(c).
Sec. 319.73-3 Conditions for transit movement of certain products through Puerto Rico or Hawaii.
(a) Mail. Samples of unroasted coffee that are transiting Hawaii or
Puerto Rico en route to other destinations and that are packaged to
prevent the escape of any plant pests may proceed without action by an
inspector. Packaging that would prevent the escape of plant pests
includes, but is not limited to, sealed cartons, airtight containers, or
vacuum packaging. Samples of unroasted coffee received by mail but not
packaged in this manner are subject to inspection and safeguard by an
inspector. These samples must be returned to origin or forwarded to a
destination outside Hawaii or Puerto Rico in a time specified by an
inspector and in packaging that will prevent the escape of any plant
pests. If this action is not possible, the samples must be destroyed.
(b) Cargo. Samples of unroasted coffee that are transiting Hawaii or
Puerto Rico as cargo and that remain on the carrier may proceed to a
destination outside Hawaii or Puerto Rico without action by an
inspector. Samples may be transshipped in Puerto Rico or Hawaii only
after an inspector determines that they are packaged to prevent the
escape of any plant pests. Samples that are not packaged in this manner
must be rewrapped or packaged in a manner prescribed by an inspector to
prevent the escape of plant pests before the transshipment will be
allowed.
(c) Other mail, cargo, and baggage shipments of articles covered by
Sec. 319.73-2 arriving in Puerto Rico or Hawaii may not be unloaded or
transshipped in Puerto Rico or Hawaii and are subject to inspection and
other applicable requirements of the Plant Safeguard Regulations (part
352 of this chapter).
Subpart--Cut Flowers
Source: 64 FR 38110, July 15, 1999, unless otherwise noted.
[[Page 356]]
Sec. 319.74-1 Definitions.
Administrator. The Administrator of the Animal and Plant Health
Inspection Service, United States Department of Agriculture, or any
employee of the United States Department of Agriculture delegated to act
in his or her stead.
Cut flower. The highly perishable commodity known in the commercial
flower-producing industry as a cut flower, which is the severed portion
of a plant, including the inflorescence and any parts of the plant
attached to it, in a fresh state. This definition does not include
dried, bleached, dyed, or chemically treated decorative plant materials;
filler or greenery, such as fern fronds and asparagus plumes, frequently
packed with fresh cut flowers; or Christmas greenery, such as holly,
mistletoe, and Christmas trees.
Inspector. Any individual authorized by the Administrator to enforce
this subpart.
United States. All of the States, the District of Columbia, Guam,
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the
United States, and all other territories or possessions of the United
States.
Sec. 319.74-2 Conditions governing the entry of cut flowers.
(a) Inspection. All cut flowers imported into the United States must
be made available to an inspector for examination at the port of first
arrival and must remain at the port of first arrival until released, or
authorized further movement, by an inspector.
(b) Actions to prevent the introduction of plant pests; notice by an
inspector. If an inspector orders any disinfection, cleaning, treatment,
reexportation, or other action with regard to imported cut flowers that
are found to be infested with injurious plant pests or infected with
diseases, the inspector will provide an emergency action notification
(PPQ Form 523) to the importer, owner, or agent or representative of the
importer or owner of the cut flowers. The importer, owner, or agent or
representative of the importer or owner must, within the time specified
in the PPQ Form 523 and at his or her own expense, destroy the cut
flowers, ship them to a point outside the United States, move them to an
authorized site, and/or apply treatments, clean, or apply other
safeguards to the cut flowers as prescribed by the inspector on the PPQ
Form 523. Further, if the importer, owner, or agent or representative of
the importer or owner fails to follow the conditions on PPQ Form 523 by
the time specified on the form, APHIS will arrange for destruction of
the cut flowers, and the importer, owner, or agent or representative of
the importer or owner will be responsible for all costs incurred. Cut
flowers that have been cleaned or treated must be made available for
further inspection, cleaning, and treatment at the option of the
inspector at any time and place indicated by the inspector before the
requirements of this subpart will have been met. Neither the Department
of Agriculture nor the inspector may be held responsible for any adverse
effects of treatment on imported cut flowers.
(c) Fumigation for agromyzids. (1) Cut flowers imported from any
country or locality and found upon inspection to be infested with
agromyzids (insects of the family Agromyzidae) must be fumigated at the
time of importation with methyl bromide in accordance with paragraph
(c)(2) of this section, with the following exceptions:
(i) Fumigation will not be required for cut flowers imported from
Canada (including Labrador and Newfoundland) or Mexico because of the
finding of agromyzids.
(ii) Fumigation will not be required for cut flowers of
Chrysanthemum spp. imported from Colombia or the Dominican Republic
because of the finding of agromyzids, when such agromyzids are
identified by an inspector to be only agromyzids of the species
Liriomyza trifolii (Burgess).
(2) Fumigation schedules. Fumigation of cut flowers for agromyzids
(insects of the family Agromyzidae) must consist of fumigation with
methyl bromide at normal atmospheric pressure in a chamber or under a
tarpaulin in accordance with one of the following schedules:
1\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 80-90 deg.F.
(19 oz. concentration at first \1/2\ hour)
(12 oz. concentration at 2 hours); or
2 lbs. per 1,000 cu. ft. for 2 hours at 70-79 deg.F.
[[Page 357]]
(24 oz. concentration at first \1/2\ hour)
(16 oz. concentration at 2 hours); or
2\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 60-69 deg.F.
(30 oz. concentration at first \1/2\ hour)
(20 oz. concentration at 2 hours); or
3 lbs. per 1,000 cu. ft. for 2 hours at 50-59 deg.F.
(36 oz. concentration at first \1/2\ hour)
(24 oz. concentration at 2 hours); or
3\1/2\ lbs. per 1,000 cu. ft. for 2 hours at 40-49 deg.F.
(41 oz. concentration at first \1/2\ hour)
(27 oz. concentration at 2 hours)
Note: There is a possibility that some cut flowers could be damaged
by such fumigation.
(d) Refusal of entry. If an inspector finds that imported cut
flowers are so infested with a plant pest or infected with disease that,
in the judgment of the inspector, they cannot be cleaned or treated, or
if they contain soil or other prohibited contaminants, the entire lot
may be refused entry into the United States.
Sec. 319.74-3 Importations by the Department.
The U.S. Department of Agriculture may import cut flowers for
experimental or scientific purposes under such conditions and
restrictions as the Administrator may prescribe to prevent the
dissemination of plant pests.
Sec. 319.74-4 Costs and charges.
The Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, will be responsible only for the costs of providing the
services of an inspector during regularly assigned hours of duty and at
the usual places of duty (provisions relating to costs for other
services of an inspector are contained in 7 CFR part 354). The importer,
owner, or agent or representative of the importer or owner of cut
flowers is responsible for all additional costs of inspection,
treatment, movement, storage, or destruction ordered by an inspector
under this subpart, including the costs of any labor, chemicals, packing
materials, or other supplies required.
Subpart--Khapra Beetle
Sec. 319.75 Restrictions on importation of restricted articles; disposal of articles refused importation.
(a) The Secretary has determined that in order to prevent the entry
into the United States of khapra beetle (Trogoderma granarium Everts) it
is necessary to restrict the importation of certain articles from
foreign countries and localities. Accordingly, no person shall import
any restricted article unless in conformity with all of the applicable
restrictions in this subpart.
(b) Any article refused importation for noncompliance with the
requirements of this subpart shall be promptly removed from the United
States or abandoned by the importer, and pending such action shall be
subject to the immediate application of such safeguards against escape
of plant pests as the inspector determines necessary to prevent the
introduction into the United States of plant pests. If the article is
not promptly safeguarded, removed from the United States, or abandoned
by the importer for destruction, it may be seized, destroyed, or
otherwise disposed of in accordance with section 414 of the Plant
Protection Act (7 U.S.C. 7714).
(c) A restricted article may be imported without complying with
other restrictions under this subpart if:
(1) Imported by the U.S. Department of Agriculture for experimental
or scientific purposes;
(2) Imported at the Plant Germplasm Quarantine Center, Building 320,
Beltsville Agricultural Research Center East, Beltsville, MD 20705, or
at a port of entry designated by an asterisk in Sec. 319.37-14(b);
(3) Imported pursuant to a Departmental permit issued for such
article and kept on file at the port of entry;
(4) Imported under conditions specified on the Departmental permit
and found by the Deputy Administrator to be adequate to prevent the
introduction into the United States of plant pests, i.e., conditions of
treatment, processing, growing, shipment, disposal; and
(5) Imported with a Departmental tag or label securely attached to
the outside of the container containing the article or securely attached
to the article itself if not in a container, and with such tag or label
bearing a Departmental permit number corresponding
[[Page 358]]
to the number of the Departmental permit issued for such article.
[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 66
FR 21057, Apr. 27, 2001]
Sec. 319.75-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural, and vice-versa, as the case may demand. The following
terms, when used in this subpart, shall be construed, respectively, to
mean:
Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspection Service, U.S. Department of Agriculture for
Plant Protection and Quarantine, or any other officer or employee of the
Department to whom authority to act in his/her stead has been or many
hereafter be delegated.
From. An article is considered to be ``from'' any country or
locality in which it originated or any country(ies) or locality(ies) in
which it was offloaded prior to arrival in the United States.
Import. (importation, imported). To import or move into the United
States.
Inspector. Any employee of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, U.S. Department of Agriculture, or
other person, authorized by the Deputy Administrator in accordance with
law to enforce the provisions of the regulations in this subpart.
Nursery stock. All field-grown florist's stock, trees, shrubs,
vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of
fruit and ornamental trees or shrubs, and other plants and plant
products for propagation, except field, vegetable and flower seeds,
bedding plants, and other herbaceous plants, bulbs, and roots.
Person. Any individual, corporation, company, society, association
or other organized group.
Phytosanitary certificate of inspection. A document relating to a
restricted article, which is issued by a plant protection official of
the country in which the restricted article was grown, which is issued
not more than 15 days prior to shipment of the restricted article from
the country in which grown, which is addressed to the plant protection
service of the United States (Plant Protection and Quarantine), which
contains a description of the restricted article intended to be imported
into the United States, which certifies that the article has been
thoroughly inspected, is believed to be free from injurious plant
diseases, injurious insect pests, and other plant pests, and is
otherwise believed to be eligible for importation pursuant to the
current phytosanitary laws and regulations of the United States.
Plant gum. Any of numerous colloidal polysaccharide substances of
plant origin that are gelatinous when moist but harden on drying. Plant
gums include but are not limited to acacia gum, guar gum, gum arabic,
locust gum and tragacanth gum.
Plant pest. The egg, pupal, and larval stages as well as any other
living stage of any insects, mites, nematodes, slugs, snails, protozoa,
or other invertebrate animals, bacteria, fungi, other parasitic plants
or reproductive parts thereof, viruses, or any organisms similar to or
allied with any of the foregoing, or any infectious substances, which
can directly or indirectly injure or cause disease or damage in any
plants or parts thereof, or any processed, manufactured, or other
products of plants.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Protection Act and related legislation, quarantines, and
regulations.
Secretary. The Secretary of Agriculture, or any other officer or
employee of the Department of Agriculture to whom authority to act in
his/her stead has been or may hereafter be delegated.
United States. The States, District of Columbia, American Samoa,
Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of
the United States.
[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 49
FR 1876, Jan. 16, 1984; 50 FR 8704, 8706, Mar. 5, 1985; 66 FR 21057,
Apr. 27, 2001]
[[Page 359]]
Sec. 319.75-2 Restricted articles.1
---------------------------------------------------------------------------
\1\ The importation of restricted articles may be subject to
prohibitions or restrictions under other provisions of 7 CFR part 319.
For example, fresh whole chilies (Capsicum spp.) and fresh whole red
peppers (Capsicum spp.) from Pakistan are prohibited from being imported
into the United States under the provisions of 7 CFR 319.56 et seq.
---------------------------------------------------------------------------
(a) The following articles from the specified localities or
countries are restricted articles:
(1) Seeds of the plant family Cucurbitaceae \2\ if in shipments
greater than two ounces, if not for propagation, and if from a country
listed in paragraph (b) of this section;
---------------------------------------------------------------------------
\2\ Seeds of the plant family Cucurbitaceae include but are not
limited to: Benincasa hispida (wax gourd), Citrullus Lanatus
(watermelon) Cucumis melon (muskmelon, cantaloup, honeydew), Cumumis
sativius (cucumber), Cucurbita pepo (pumpkin, squashes, vegetable
marrow), Lagenaria siceraria (calabash, gourd), Luffa cylindrica
(dishcloth gourd), Mormoridica charantia (bitter melon), and Sechium
edule (chayote).
---------------------------------------------------------------------------
(2) Brassware and wooden screens from Bombay, India;
(3) Goatskins, lambskins, and sheepskins (excluding goatskins,
lambskins, and sheepskins which are fully tanned, blue-chromed, pickled
in mineral acid, or salted and moist) from Sudan or India;
(4) Plant gums shipped as bulk cargo (in an unpackaged state) if
from a country listed in paragraph (b) of this section;
(5) Used jute or burlap bagging not containing cargo if from a
country listed in paragraph (b) of this section; \3\
---------------------------------------------------------------------------
\3\ Such bagging may be subject to additional restrictions under the
provisions in 7 CFR 319.8 et seq.
---------------------------------------------------------------------------
(6) Used jute or burlap bagging from a country listed in paragraph
(b) of this section that contains cargo, and the cargo in such bagging;
\3\
(7) Used jute or burlap bagging from a country listed in paragraph
(b) of this section that is used as a packing material (such as filler,
wrapping, ties, lining, matting, moisture retention material, or
protection material), and the cargo for which the used jute or burlap
bagging is used as a packing material; \3\ and
(8) Whole chilies (Capsicum spp.), whole red peppers (Capsimcum
spp.), and cumin seeds (Cuminum cyminum) in new jute or burlap bags from
Pakistan.
(b) Afghanistan, Algeria, Bangladesh, Burma, Cyprus, Egypt, India,
Iran, Iraq, Israel, Libya, Mali, Mauritania, Morocco, Niger, Nigeria,
Pakistan, Saudi Arabia, Senegal, Sri Lanka, Sudan, Syria, Tunisia,
Turkey, and Upper Volta.
[50 FR 8706, Mar. 5, 1985]
Sec. 319.75-3 Permits.
(a) A restricted article may be imported only after issuance of a
written permit by Plant Protection and Quarantine.
(b) An application for a written permit 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, at least 60 days prior to arrival of the
article at the port of entry. The completed application shall include
the following information: \4\
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\4\ Application forms are available without charge from the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale,
Maryland 20737-1236, or local offices which are listed in telephone
directories.
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(1) Name, address, and telephone number of the importer;
(2) Approximate quantity and kinds of articles intended to be
imported;
(3) Country or locality of origin;
(4) Country(ies) or locality(ies) where it is intended to be off-
loaded prior to arrival in the United States;
(5) Intended U.S. port of entry;
(6) Means of transportation; and
(7) Expected date of arrival.
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles are deemed
eligible to be imported into the United States under the conditions
specified in the permit. However, even if such a permit is issued, the
regulated article may be imported only if all applicable requirements of
this subpart are met and only if an inspector at the port of entry
determines that no remedial measures pursuant to section 414
[[Page 360]]
of the Plant Protection Act (7 U.S.C. 7714) are necessary with respect
to the regulated article.\5\
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\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(d) Any permit which has been issued may be withdrawn by an
inspector or the Deputy Administrator if he/she determines that the
holder thereof has not complied with any condition for the use of the
document. The reasons for the withdrawal shall be confirmed in writing
as promptly as circumstances permit. Any person whose permit has been
withdrawn may appeal the decision in writing to the Deputy Administrator
within ten (10) days after receiving the written notification of the
withdrawal. The appeal shall state all of the facts and reasons upon
which the person relies to show that the permit was wrongfully
withdrawn. The Deputy Administrator shall grant or deny the appeal, in
writing, stating the reasons for the decision as promptly as
circumstances permit. If there is a conflict as to any material fact, a
hearing shall be held to resolve such conflict.
(Approved by the Office of Management and Budget under control number
0579-0049)
[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48
FR 57466, Dec. 30, 1983; 49 FR 1876, Jan. 16, 1984; 50 FR 8706, Mar. 5,
1985; 59 FR 67610, Dec. 30, 1994; 66 FR 21057, Apr. 27, 2001]
Sec. 319.75-4 Treatments. \6\
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\6\ There is a possibility that some articles, especially live
plants, could be damaged by fumigation.
---------------------------------------------------------------------------
A restricted article prior to movement into the United States from
the port of entry shall be treated under the supervision of an inspector
for possible infestation with khapra beetle as set forth below:
(a) Brassware; wooden screens; goatskins; lambskins; sheepskins;
plant gums; seeds of the plant family cucurbitaceae; jute or burlap
bagging that contains cargo, and the cargo in such bagging (except for
articles specified in paragraphs (b) and (c) of this section); and jute
or burlap bagging that is used as a packing material, and the cargo for
which the jute or burlap bagging is used as a packing material (except
for articles specified in paragraphs (b) and (c) of this section).
(1) Fumigation with methyl bromide under a tarpaulin at normal
atmospheric pressure in accordance with one of the following schedules:
(i) 40 g/m\3\ (2\1/2\a lb/1000 ft\3\) for 12 hrs. at 32 deg.C (90
deg.F) or above.
(20 g (oz) minimum gas concentration at 2-4 hrs.).
(15 g (oz) minimum gas concentration at 12 hrs.).
(ii) 56 g/m\3\ (3\1/2\ lb/1000 ft\3\) for 12 hrs. at 26.5 deg.-31.5
deg.C (80 deg.-89 deg.F).
(30 g (oz) minimum gas concentration at 2-4 hrs.).
(20 g (oz) minimum gas concentration at 12 hrs.).
(iii) 72 g/m\3\ (4\1/2\ lb/1000 ft\3\) for 12 hrs. at 21 deg.-26
deg.C (70 deg.-79 deg.F).
(40 g (oz) minimum gas concentration at 2-4 hrs.).
(25 g (oz) minimum gas concentration at 12 hrs.).
(iv) 96 g/m\3\ (6 lb/1000 ft\3\) for 12 hrs. at 15.5 deg.-20.5
deg.C (60 deg.-69 deg.F).
(50 g (oz) minimum gas concentration at 2-4 hrs.).
(30 g (oz) minimum gas concentration at 12 hrs.).
(v) 120 g/m\3\ (7\1/2\ lb/1000 ft\3\) for 12 hrs. at 10 deg.-15
deg.C (50 deg.-59 deg.F).
(60 g (oz) minimum gas concentration at 2-4 hrs.).
(35 g (oz) minimum gas concentration at 12 hrs.).
(vi) 144 g/m\3\ (9 lb/1000 ft\3\) for 12 hrs. at 4.5 deg.-9.5 deg.C
(40 deg.-49 deg.F).
(70 g (oz) minimum gas concentration at 2-4 hrs.).
(40 g (oz) minimum gas concentration at 12 hrs.).
(2) Fumigation with methyl bromide in a chamber at normal
atmospheric pressure at one of the following schedules:
(i) 40 g/m\3\ (2\1/2\ lb/1000 ft\3\) for 12 hrs. at 32 deg.C (90
deg.F) or above.
(ii) 56 g/m\3\ (3\1/2\ lb/1000 ft\3\) for 12 hrs. at 26.5 deg.-31.5
deg.C (80 deg.-89 deg.F).
(iii) 72 g/m\3\ (4\1/2\ lb/1000 ft\3\) for 12 hrs. at 21 deg.-26
deg.C (70 deg.-79 deg.F).
[[Page 361]]
(iv) 96 g/m\3\ (6 lb/1000 ft\3\) for 12 hrs. at 15.5 deg.-20.5
deg.C (60 deg.-69 deg.F).
(v) 160 g/m\3\ (10 lb/1000 ft\3\) for 12 hrs. at 10 deg.-15 deg.C
(50 deg.-59 deg.F).
(vi) 192 g/m\3\ (12 lb/1000 ft\3\) for 12 hrs. at 4.5 deg.-9.5
deg.C (40 deg.-49 deg.F).
(3) Fumigation with methyl bromide in a chamber at 660mm (26 inch)
vacuum at one of the following schedules:
(i) 128 g/m\3\ (2\1/2\ lb/1000 ft\3\) for 3 hrs. at 15.5 deg.C (60
deg.F) or above.
(ii) 144 g/m\3\ (9 lb/1000 ft\3\) for 3 hrs. at 4.5 deg.-15 deg.C
(40 deg.-59 deg.F).
(iii) 160 g/m\3\ (10 lb/1000 ft\3\) for 3 hrs. at -1 deg.-4 deg.C
(30 deg.-39 deg.F).
Note: Maximum volume of commodity being treated under subsection (3)
shall not exceed 75% of total volume of chamber.
(b) Burlap bagging and jute bagging not containing cargo; and flour
or finely ground oily meals, and the jute or burlap bagging used as a
container or packing material for such flour or meals.
(1) Fumigation with methyl bromide under a tarpaulin at normal
atmospheric pressure at one of the following schedules:
(i) 64 g/m\3\ (4 lb/1000 ft\3\) for 24 hrs. at 32 deg.C (90 deg.F)
or above.
(10 g (oz) gas concentration in commodity at 4-24 hrs.).
(35 g (oz) gas concentration in space at 4-12 hrs.).
(25 g (oz) gas concentration in space at 12-24 hrs.).
(ii) 96 g/m\3\ (6 lb/1000 ft\3\) for 24 hrs. at 26.5 deg.-31.5
deg.C (80 deg.-89 deg.F).
(15 g (oz) gas concentration in commodity at 4-24 hrs.).
(50 g (oz) gas concentration in space at 4-12 hrs.).
(30 g (oz) gas concentration in space at 12-24 hrs.).
(iii) 128 g/m\3\ (8 lbs/1000 ft\3\) for 24 hrs. at 21 deg.-26 deg.C
(70 deg.-79 deg.F).
(20 g (oz) gas concentration in commodity at 4-24 hrs.).
(65 g (oz) gas concentration in space at 4-12 hrs.).
(35 g (oz) gas concentration in space at 12-24 hrs.).
(iv) 192 g/m\3\ (12 lb/1000 ft\3\) for 24 hrs. at 15.5 deg.-20.5
deg.C (60 deg.-69 deg.F).
(30 g (oz) gas concentration in commodity at 4-24 hrs.).
(95 g (oz) gas concentration in space at 4-12 hrs.).
(50 g (oz) gas concentration in space at 12-24 hrs.).
(v) 192 g/m\3\ (12 lb/1000 ft\3\) for 28 hrs. at 10 deg.-15 deg.C
(50 deg.-59 deg.F).
(30 g (oz) gas concentration in commodity at 4-28 hrs.).
(95 g (oz) gas concentration in space at 4-12 hrs.).
(50 g (oz) gas concentration in space at 12-28 hrs.).
(vi) 192 g/m\3\ (12 lb/1000 ft\3\) for 32 hrs. at 4.5 deg.-9.5
deg.C (40 deg.-49 deg.F).
(30 g (oz) gas concentration in commodity at 4-32 hrs.).
(95 g (oz) gas concentration in space at 4-12 hrs.).
(50 g (oz) gas concentration in space at 12-32 hrs.).
(2) Fumigation with methyl bromide in a chamber at normal
atmospheric pressure at one of the following schedules:
(i) 64 g/m\3\ (4 lb/1000 ft\3\) for 24 hrs. at 32 deg.C (90 deg.F)
or above.
(ii) 96 g/m\3\ (6 lb/1000 ft\3\) for 24 hrs. at 26.5 deg.-31.5
deg.C (80 deg.-89 deg.F).
(iii) 128 g/m\3\ (8 lbs/1000 ft\3\) for 24 hrs. at 21 deg.-26 deg.C
(70 deg.-79 deg.F).
(iv) 192 g/m\3\ (12 lb/1000 ft\3\) for 24 hrs. at 15.5 deg.-20.5
deg.C (60 deg.-69 deg.F).
(v) 192 g/m\3\ (12 lb/1000 ft\3\) for 28 hrs. at 10 deg.-15 deg.C
(50 deg.-59 deg.F).
(vi) 192 g/m\3\ (12 lb/1000 ft\3\) for 32 hrs. at 4.5 deg.-9.5
deg.C (40 deg.-49 deg.F).
(3) Fumigation with methyl bromide in a chamber at 660 mm (26 inch)
vacuum at one of the following schedules:
(i) 128 g/m\3\ (8 lb/1000 ft\3\) for 3 hrs. at 15.5 deg.C (60
deg.F) or above.
(ii) 144 g/m\3\ (9 lb/1000 ft\3\) for 3 hrs. at 4.5-15 deg.C
(40 deg.-59 deg.F).
Note: Maximum volume of commodity being treated under subsection (3)
shall not exceed 75% of the total volume of chamber.
(c) Baled cotton lint, cotton linters, cotton waste, and cotton
piece goods; and the jute or burlap bagging used as a container or
packing material for such baled cotton lint, cotton linters, cotton
waste, or cotton piece goods.
(1) Fumigation with methyl bromide under a tarpaulin or in a chamber
at normal atmospheric pressure at one of the following schedules:
(i) 128 g/m3 (8 lb/1000 ft3) for 24 hours at
15.5 deg.C 60 deg.F or above
[[Page 362]]
(25 g (oz.) concentration in commodity 4-24 hrs.)
(65 g (oz.) concentration in space 4-12 hrs.)
(35 g (oz.) concentration in space 12-24 hrs.)
(ii) 176 g/m3 (11 lb/1000 ft3) for 24 hrs. at
4.5 deg.-15 deg.C (40 deg.-59 deg.F)
(30 g (oz.) concentration in commodity 4-24 hrs.)
(95 g (oz.) concentration in space 4-24 hrs.)
(50 g (oz.) concentration in space 12-24 hrs.)
Note: Maximum volume of commodity being treated under subsection (1)
shall not exceed 50% of the total volume of chamber. Concentration
readings may be omitted for chamber fumigations.
(2) Fumigation with methyl bromide in a chamber at 660mm (26 inch)
vacum at one of the following schedules:
(i) 128 g/m3 (8 lb/1000 ft3) for 3 hrs. at
15.5 deg.C (60 deg.F) or above.
(ii) 144 g/m3 (9 lb/1000 ft3) for 3 hrs. at
4.5 deg.-15 deg.C (40 deg.-59 deg.F).
Note: Maximum volume of commodity being treated under subsection (2)
shall not exceed 75% of the total volume of chamber.
[46 FR 38334, July 27, 1981, as amended at 49 FR 1876, Jan. 16, 1984; 50
FR 8706, Mar. 5, 1985]
Sec. 319.75-5 Marking and identity.
(a) Any restricted article at the time of importation shall plainly
and correctly bear on the outer container (if in a container) or on the
restricted article (if not in a container) the following information:
(1) General nature and quantity of the contents,
(2) Country or locality of origin,
(3) Name and address of shipper, owner, or person shipping or
forwarding the article,
(4) Name and address of consignee,
(5) Identifying shipper's mark and number, and
(b) Any restricted article shall be accompanied at the time of
importation by an invoice or packing list indicating the contents of the
shipment.
(Approved by the Office of Management and Budget under control number
0579-0049)
[46 FR 38334, July 27, 1981, as amended at 47 FR 3085, Jan. 22, 1982; 48
FR 57466, Dec. 30, 1983]
Sec. 319.75-6 Arrival notification.
Promptly upon arrival of any restricted article at a port of entry,
the importer shall notify Plant Protection and Quarantine of the arrival
by such means as a manifest, Customs entry document, commercial invoice,
waybill, a broker's document, or a notice form provided for that
purpose.
(Approved by the Office of Management and Budget under control number
0579-0049)
[46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983]
Sec. 319.75-7 Costs and charges.
The services of the inspector during regularly assigned hours of
duty and at the usual places of duty shall be furnished without cost to
the importer.\3\ The importer shall be responsible for arrangements for
treatments required under Sec. 319.75-4. Any treatment required under
Sec. 319.75-4 for a restricted article shall be performed at the port of
entry by a nongovernmental fumigator at the importer's expense, and
shall be performed under the supervision of an inspector. Plant
Protection and Quarantine will not be responsible for any costs or
charges, other than those indicated in this section.
---------------------------------------------------------------------------
\3\ Provisions relating to costs for other services of an inspector
are contained in 7 CFR part 354.
[46 FR 38334, July 27, 1981]
Sec. 319.75-8 Ports of entry.
Any restricted article shall be imported only at a port of entry
listed in Sec. 319.37-14 of this part and found by the Deputy
Administrator and specified on the permit issued pursuant to
Sec. 319.75-3 to have a nongovernmental fumigator available at the port
to treat such restricted article pursuant to Sec. 319.75-4. It is the
responsibility of the importer to arrange with the nongovernmental
fumigator for treatment of the article.
[46 FR 38334, July 27, 1981]
Sec. 319.75-9 Inspection and phytosanitary certificate of inspection.
(a) Any nursery stock, plant, fruit, vegetable, root, bulb, or other
plant
[[Page 363]]
product designated as a restricted article and grown in a country
maintaining an official system of inspection for the purpose of
determining whether such article is free from injurious plant diseases,
injurious insect pests, and other plant pests shall be accompanied by a
phytosanitary certificate of inspection from the plant protection
service of such country at the time of importation or offer for
importation into the United States. Such certificate may cover more than
one article and more than one container kept together during shipment
and offer for importation.
(b) Any nursery stock, plant, fruit, vegetable, root, bulb, seed, or
other plant product designated as a restricted article which is
accompanied by a valid phytosanitary certificate of inspection is
subject to inspection by an inspector at the time of importation into
the United States for the purpose of determining whether such article is
free of injurious plant diseases, injurious insect pests, and other
plant pests, and whether such article is otherwise eligible to be
imported into the United States.
(c) Any nursery stock, plant, fruit, vegetable, root, bulb, seed, or
other plant product designated as a restricted article and grown in a
country not maintaining an official system of inspection for the purpose
of determining whether such article is free from injurious plant
diseases, or injurious insect pests, and other plant pests shall be
inspected by an inspector at the time of importation into the United
States for the purpose of determining whether such article is free of
such diseases and pests and whether such article is otherwise eligible
to be imported into the United States.
[50 FR 8707, Mar. 5, 1985]
Subpart--Exotic Bee Diseases and Parasites
Source: 50 FR 24172, June 10, 1985, unless otherwise noted.
Sec. 319.76 Restrictions on importation of restricted articles; disposal of articles refused importation.
(a) No person may import any restricted article unless in conformity
with all of the restrictions in this subpart.
(b) Any article refused importation for noncompliance with the
requirements of this subpart shall be promptly removed from the United
States or abandoned by the importer, and pending such action shall be
subject to the immediate application of such safeguards against escape
of plant pests as the inspector determines necessary to prevent the
introduction into the United States of plant pests. If the article is
not promptly safeguarded, removed from the United States, or abandoned
for destruction by the importer, it may be seized, destroyed, or
otherwise disposed of in accordance with section 414 of the Plant
Protection Act (7 U.S.C. 7714).
(c) A restricted article may be imported without complying with
other provisions under this subpart if:
(1) Imported by the U.S. Department of Agriculture for experimental
or scientific purposes;
(2) Imported at the Plant Germplasm Quarantine Center, Building 320,
Beltsville Agricultural Research Center East, Beltsville MD 20705, or at
a port of entry designated by an asterisk in Sec. 319.37-14(b);
(3) Imported pursuant to a departmental permit issued for such
article and kept on file at the port of entry;
(4) Imported under conditions specified on the departmental permit
and found by the Deputy Administrator to be adequate to prevent the
introduction into the United States of plant pests, i.e., conditions of
treatment, processing, shipment, disposal; and
(5) Imported with a departmental tag or label securely attached to
the outside of the container or securely attached to the article itself
if not in a container, and with such tag or label
[[Page 364]]
bearing the name of the person to whom the permit is issued.
(Approved by the Office of Management and Budget under control number
0579-0072)
[50 FR 24172, June 10, 1985, as amended at 59 FR 67133, Dec. 29, 1994;
66 FR 21057, Apr. 27, 2001]
Sec. 319.76-1 Definitions.
Terms used in the singular form in this subpart shall be construed
as the plural, and vice versa, as the case may demand. The following
terms, when used in this subpart, shall be construed respectively, to
mean:
Bee. Any member of the superfamily Apoidea.
Deputy Administrator. The Deputy Administrator of the Animal and
Plant Health Inspector Service for Plant Protection and Quarantine, U.S.
Department of Agriculture, or any other officer or employee of the
Department to whom authority to act in his or her stead has been or may
hereafter be delegated.
Exotic bee diseases. Bee diseases of foreign origin, including but
not limited to Aspergillus spp., Bacillus spp., Entomophthora spp.,
Beauveria spp., Cordyceps spp., and Saccharomyces spp.
Exotic bee parasites. Bee parasites of foreign origin, including but
not limited to Coelioxys spp. and Chrysis spp., Varroa jacobsoni,
Euvarroa sinhai, Tropilaelaps clareae, and Acarapis woodi.
Import (importation, imported). To import or move into the United
States.
Inspector. Any employee of Plant Protection and Quarantine, Animal
and Plant Health Inspection Service, U.S. Department of Agriculture, or
other person authorized by the Deputy Administrator in accordance with
law to enforce the provisions of this subpart.
Person. Any individual, corporation, company, society, association,
or any other organized group.
Plant pest. The egg, pupal, and larval stages as well as any other
living stage of any insects, mites, nematodes, slugs, snails, protozoa,
or other invertebrate animals, bacteria, fungi, or other parasitic
plants or reproductive parts thereof, viruses, or any organisms similar
to or allied with any of the foregoing, or any infectious substances,
which can directly or indirectly injure or cause disease or damage in
any plants or parts thereof, or any processed, manufactured, or other
products of plants.
Plant Protection and Quarantine. The organizational unit within the
Animal and Plant Health Inspection Service, U.S. Department of
Agriculture, delegated responsibility for enforcing provisions of the
Plant Protection Act and related legislation, quarantines, and
regulations.
Secretary. The Secretary of Agriculture, or any other officer or
employee of the Department of Agriculture to whom authority to act in
his or her stead has been or may hereafter be delegated.
United States. The States, District of Columbia, American Samoa,
Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of
the United States.
[50 FR 24172, June 10, 1985, as amended at 66 FR 21057, Apr. 27, 2001]
Sec. 319.76-2 Restricted articles.
The following articles from any country or locality other than
Canada are restricted articles:
(a) Live bees, other than honeybees of the genus Apis, in any life
stage;1
---------------------------------------------------------------------------
\1\ Regulations regarding the importation of live honeybees of the
genus Apis are set forth in 7 CFR part 322.
---------------------------------------------------------------------------
(b) Dead bees of any genus;
(c) Used bee boards, hives, nests, and nesting material;
(d) Used beekeeping equipment, e.g. smokers, hive tools, gloves or
other clothing, and shipping containers;
(e) Beeswax, unless it has been liquefied;
(f) Pollen for bee feed; and
(g) Honey for bee feed.
[50 FR 24172, June 10, 1985, as amended at 60 FR 6000, Feb. 1, 1995]
Sec. 319.76-3 Permits.
(a) A restricted article may be imported only after issuance of a
written permit by Plant Protection and Quarantine.
(b) An application for a written permit must be submitted to the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Biological Assessments and Taxonomic
[[Page 365]]
Support, 4700 River Road Unit 133, Riverdale, Maryland 20737-1236, and
should be submitted at least 30 days prior to arrival of the article at
the U.S. port of entry. The completed application does not have to be on
any particular form but must indicate that it is an application for a
written permit, and include the following information:
(1) Name, address, and telephone number of the importer;
(2) Approximate quantity and kinds of articles intended to be
imported;
(3) Country or locality of origin;
(4) Intended United States port of entry;
(5) Means of transportation; and
(6) Expected date of arrival.
(c) A permit indicating the applicable conditions for importation
under this subpart will be issued by Plant Protection and Quarantine
Programs if, after review of the application, the articles are deemed
eligible to be imported into the United States under the conditions
specified in the permit. However, even if such a permit is issued, the
regulated article may be imported only if all applicable requirements of
this subpart are met and only if an inspector at the port of entry
determines that no remedial measures pursuant to section 414 of the
Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the
regulated article.\2\
---------------------------------------------------------------------------
\2\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(d) Any permit which has been issued may be withdrawn by an
inspector or the Deputy Administrator if he or she determines that the
permit holder has not complied with any condition for the use of the
permit. The reasons for the withdrawal shall be confirmed in writing as
promptly as circumstances allow. Any person whose permit has been
withdrawn may appeal the decision in writing to the Deputy Administrator
within 20 days after receiving the written notification of the
withdrawal. The appeal must state all of the facts and reasons upon
which the person relies to show that the permit was wrongfully
withdrawn. The Deputy Administrator shall grant or deny the appeal in
writing, stating the reasons for the decision, as promptly as
circumstances allow. If there is a conflict as to any material fact, a
hearing shall be held to resolve the conflict.
(Approved by the Office of Management and Budget under control number
0579-0072)
[50 FR 24172, June 10, 1985, as amended at 59 FR 67610, Dec. 30, 1994;
66 FR 21057, Apr. 27, 2001]
Sec. 319.76-4 Inspections and treatments.
(a) Live bees, other than honeybees of the genus Apis, in any life
stage shall be microscopically inspected by an inspector for exotic bee
diseases and parasites, and any bee disease or parasite found will be
physically removed by an inspector or destroyed by an inspector by
treatment with a pesticide registered by the Environmental Protection
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 135 et seq.), for use on bees and used in accordance
with directions on the label in connection with the registration under
the provisions of the Federal Insecticide, Fungicide, and Rodenticide
Act, as amended. The inspection may include dissection of a
statistically designed representative sample of the bees, if deemed
necessary by the inspector for determinations concerning the absence or
presence of bee diseases or parasites. If the inspector determines that
a disease or parasite cannot be removed or otherwise destroyed, the bees
shall be killed by immersion in a solution containing at least 70%
alcohol.
(b) Any dead bees for research at the time of importation must be in
a solution containing at least 70% alcohol, or must be in a dry, sealed
container. If in a dry, sealed container, the dead bees shall be kept in
the container under the control of an inspector at the port of entry for
7 days.
(c) Any restricted article not covered by paragraph (a) or (b) of
this section, prior to movement into the United States from the port of
entry, shall be treated under the supervision of an inspector as
follows:
(1) Dead bees; used bee boards, hives, nests, or nesting material;
used beekeeping equipment; and pollen for bee feed shall be treated in
an airtight chamber with 450 mg of ethylene oxide
[[Page 366]]
per liter of chamber space at a temperature of at least 100 deg.F
(37.78 deg.C) for 8 hours.
(2) Beeswax that has not been liquefied shall be melted.
(3) Honey for bee feed shall be heated to 212 deg.F (100 deg.C)
for 30 minutes.
Sec. 319.76-5 Marking and shipping.
(a) Any restricted article for importation by means other than mail
shall at the time of importation bear on the outer container (if in a
container) or on the article (if not in a container) the following
information:
(1) General nature and quantity of the contents,
(2) Country or locality of origin,
(3) Name and address of shipper, owner, or person shipping or
forwarding the article,
(4) Name and address of consignee, and
(5) Identifying shipper's mark and number.
(b) Any restriction article for importation by mail must be
addressed and mailed to Plant Protection and Quarantine at a port of
entry designated by an asterisk in Sec. 319.37-14(b) of this part; must
be accompanied by a separate sheet of paper within the package bearing
the name, address, and telephone number of the intended recipient; and
must bear on the outer container the following information:
(1) General nature and quantity of the contents,
(2) Country or locality of origin, and
(3) Name and address of shipper, owner, or person shipping or
forwarding the article.
(c) Any restricted article must be accompanied at the time of
importation by an invoice or packing list indicating the contents of the
shipment.
(d) Live bees in any life stage, other than honeybees of the genus
Apis, may be imported only in loose cells within noncrushable (hard
plastic, wood, or metal), insect-proof containers.
(Approved by the Office of Management and Budget under control number
0579-0072)
Sec. 319.76-6 Arrival notification.
Promptly upon arrival of any restricted article at a port of entry,
except for mail shipments, the importer must notify Plant Protection and
Quarantine of the arrival by such means as a manifest, customs entry
document, commercial invoice, waybill, a broker's document, or a notice
form provided for that purpose.
(Approved by the Office of Management and Budget under control number
0579-0049)
Sec. 319.76-7 Costs and charges.
The services of the inspector during regularly assigned hours of
duty and at the usual places of duty shall be furnished without cost to
the importer. \3\ The importer shall be responsible for arrangements for
treatments required under Sec. 319.76-4. Any treatment required under
Sec. 319.76-4 for a restricted article, other than for treatments of
live bees in any life stage or for holding dead bees in dry, sealed
containers, shall be performed at the port of entry by a nonfederal
establishment at the importer's expense, and shall be performed under
the direction of an inspector. Plant Protection and Quarantine will not
be responsible for any costs or charges, other than those indicated in
this section.
---------------------------------------------------------------------------
\3\ Provisions relating to costs for other services of an inspector
are contained in 7 CFR part 354.
---------------------------------------------------------------------------
Sec. 319.76-8 Ports of entry.
(a) Any restricted article, other than bees in any life stage,
imported by means other than mail may be imported only at a port of
entry listed in Sec. 319.37-14(b) of this part.
(b) Any restricted article, other than bees in any life stage,
imported by mail may be imported only at a port of entry designated by
an asterisk in Sec. 319.37-14(b) of this part.
(c) Live bees in any life stage, other than honeybees of the genus
Apis, may be imported at the Bee Biology and Systematics Laboratory,
USDA, ARS, 261 NRB-UMC 53, Utah State University, Logan, Utah 84322; or
at the Plant Germplasm Quarantine Center, Building 320, Beltsville
Agricultural Research Center East, Beltsville, MD 20705.
[[Page 367]]
Subpart--Gypsy Moth Host Material from Canada
Source: 64 FR 45866, Aug. 23, 1999, unless otherwise noted.
Sec. 319.77-1 Definitions.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Canadian infested area. Any area of Canada listed as a gypsy moth
infested area in Sec. 319.77-3 of this subpart.
Canadian noninfested area. Any area of Canada that is not listed as
a gypsy moth infested area in Sec. 319.77-3 of this subpart.
Certification of origin. A signed, accurate statement certifying the
area in which a regulated article was produced or grown. The statement
may be provided directly on the shipping documents accompanying
shipments of commercial wood products from Canada, or may be provided on
a separate certificate.
Gypsy moth. The insect known as the gypsy moth, Lymantria dispar
(Linnaeus), in any stage of development.
Import (imported, importation). To bring or move into the
territorial limits of the United States.
Mobile home. Any vehicle, other than a recreational vehicle,
designed to serve, when parked, as a dwelling or place of business.
Outdoor household articles. Articles associated with a household
that are generally kept or used outside the home. Examples of outdoor
household articles are awnings, barbeque grills, bicycles, boats, dog
houses, firewood, garden tools, hauling trailers, outdoor furniture and
toys, recreational vehicles and their associated equipment, and tents.
Phytosanitary certificate. A document issued by an official
authorized by the national government of Canada that contains a
description of the regulated article intended for importation into the
United States and that certifies that the article has been thoroughly
inspected or treated, is believed to be free from plant pests, and is
otherwise believed to be eligible for importation pursuant to the
current phytosanitary laws and regulations of the United States. A
phytosanitary certificate must be addressed to the Animal and Plant
Health Inspection Service and may be issued no more than 14 days prior
to the shipment of the regulated article.
Recreational vehicles. Vehicles, including pickup truck campers,
one-piece motor homes, and travel trailers, designed to serve as
temporary places of dwelling.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin
Islands of the United States, and all other territories and possessions
of the United States.
U.S. infested area. Any area of the United States listed as a gypsy
moth generally infested area in Sec. 301.45-3 of this chapter.
U.S. noninfested area. Any area of the United States that is not
listed as a gypsy moth generally infested area in Sec. 301.45-3 of this
chapter.
[64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38175, June 20, 2000]
Sec. 319.77-2 Regulated articles.
In order to prevent the spread of gypsy moth from Canada into
noninfested areas of the United States, the gypsy moth host materials
listed in paragraphs (a) through (g) of this section are designated as
regulated articles. Regulated articles may be imported into the United
States from Canada only under the conditions described in Sec. 319.77-4
of this subpart.
(a) Trees without roots (e.g., Christmas trees), unless they were
greenhouse-grown throughout the year;
(b) Trees with roots, unless they were greenhouse-grown throughout
the year;
(c) Shrubs with roots and persistent woody stems, unless they were
greenhouse-grown throughout the year;
(d) Logs with bark attached;
(e) Pulpwood with bark attached;
(f) Outdoor household articles; and
(g) Mobile homes and their associated equipment.
Sec. 319.77-3 Gypsy moth infested areas in Canada.
The following areas in Canada are known to be infested with gypsy
moth:
[[Page 368]]
(a) Province of New Brunswick. (1) Charlotte County. That portion of
Charlotte County that includes the following parishes: Campobello
Island, Dumbarton, Dufferin, Grand Manan Island, St. Andrews, St. Croix,
St. David, St. George, St. James, St. Patrick, and St. Stephen.
(2) Kings County. That portion of Kings County that includes the
following parishes: Greenwich, Kars, and Springfield.
(3) Queens County. (i) That portion of Queens County that includes
the following parishes: Canning, Cambridge, Gagetown, Johnston, and
Wickham; and
(ii) That portion of Chipman Parish south or west of highway 10; and
(iii) That portion of Waterborough Parish west of highway 10 and
south of highway 2.
(4) Sunbury County. That portion of Sunbury County that includes the
following parishes: Blissville, Burton, Gladstone, Lincoln, and
Sheffield.
(5) York County. (i) That portion of York County that includes the
City of Fredericton and the following parishes: North Lake and McAdam;
and
(ii) That portion of Queensbury parish south and east of the Scotch
Lake Road beginning in the west at Bear Island on the St. John River and
ending at the Parish border on the east.
(b) Province of Nova Scotia. (1) Annapolis County. The entire
county.
(2) Digby County. The entire county.
(3) Halifax County. The area of the county bounded by a line
beginning at the intersection of the Halifax/Lunenburg County border and
the Atlantic Ocean; then north along the Halifax/Lunenburg County border
to the Halifax/Hants County border; then east along the Halifax/Hants
County border to route 354; then south along route 354 to route 568
(Beaverbank-Windsor Junction Road); then east along route 568
(Beaverbank-Windsor Junction Road) to route 416 (Fall River Road); then
east and north along route 416 (Fall River Road) to route 2; then south
along route 2 to route 102/118; then south along route 118 to route 107;
then south along route 107 to route 7; then east along route 7 to route
328; then south along route 328 to the shoreline of Cole Harbour; then
west along the seashore from Cole Harbour to the point of beginning.
(4) Hants County. The area of the county bounded by a line beginning
at the intersection of the Hants/Kings County border and the shoreline
of the Minas Basin; then southwest along the Hants/Kings County border
to the Hants/Lunenburg County border; then southeast along the Hants/
Lunenburg County border to the Hants/Halifax County border; then east
along the Hants/Halifax County border to route 354; then north along
route 354 to the Minas Basin; then west along the shoreline of the Minas
Basin to the point of beginning.
(5) Kings County. The entire county.
(6) Lunenberg County. The entire county.
(7) Queens County. The entire county.
(8) Shelburne County. The entire county.
(9) Yarmouth County. The entire county.
(c) Province of Ontario. (1) That portion of the Province of Ontario
that includes the following counties and regional municipalities: Brant,
Bruce, Dufferin, Durham, Elgin, Essex, Frontenac, Grey, Haldimand-
Norfolk, Haliburton, Halton, Hamilton-Wentworth, Hastings, Huron, Kent,
Lambton, Lanark, Leeds-Granville, Lennox-Addington, Middlesex, Muskoka,
Niagara, Northumberland, Ottawa-Carleton, Oxford, Parry Sound, Peel,
Perth, Peterborough, Prescott-Russell, Prince Edward, Renfrew, Simcoe,
Stormont-Dundas-Glengarry, Victoria, Waterloo, Wellington, and York; and
(2) That portion of Algoma District that includes the City of Sault
Ste. Marie and the following townships: Bright, Bright Additional,
Cobden, Denis, Garden River First Nation, Indian Reserve 7,
Johnson, Korah, Laird, Lefroy, Lewis, Long, MacDonald, Parke, Plummer
Additional, Prince, Tarbutt, Tarbutt Additional, Tarentorus, Thessalon,
Thompson, Shedden, Spragge, and Striker; and
(3) That portion of Algoma District south of Highway 17 and east of
the City of Sault Ste. Marie; and
(4) That portion of Manitoulin District that includes: Cockburn
Island, Great Cloche Island, Manitoulin Island,
[[Page 369]]
St. Joseph Island, and all Indian Reserves; and
(5) That portion of Nipissing District that includes the City of
North Bay; and
(6) That portion of Nipissing District south of the Ottawa and
Mattawa rivers; and
(7) That portion of Nipissing District south of highway 17 and west
of the City of North Bay; and
(8) That portion of Sudbury District that includes the City of
Sudbury and the townships of Baldwin, Dryden, Dunlop, Graham, Hallam,
Hymen, Indian Reserves 4, 5, and 6, Lorne,
Louise; May, McKim, Nairn, Neelon, Porter, Salter, Shakespeare,
Victoria, and Waters; and
(9) That portion of the Sudbury District south of Highway 17.
(d) Province of Quebec. (1) That portion of the Province of Quebec
that includes the following regional county municipalities: Acton,
Arthabaska, Asbestos, Beauce-Sartigan, Beauharnois-Salaberry,
B[eacute]cancour, Bellechasse, Brome-Missisquoi, Champlain, Coaticook,
Communaut[eacute] Urbaine de Montr[eacute]al, Communaut[eacute] Urbaine
de L'Outaouais, D'Autray, Desjardins, Deux-Montagnes, Drummond,
Francheville, Joliette, L'Amiante, L'Assomption, L'[Eacute]rable,
L'[icirc]le-d'Orl[eacute]ans, Lajemmerais, Laval, La Nouvelle-Beauce, La
Rivi[egrave]re-du-Nord, La Vall[eacute]e-du-Richelieu, Le Bas-Richelieu,
Le Granit, Le Haut-Richelieu, Le Haut-Saint-Francois, Le Haut-Saint-
Laurent, Le Haute-Yamaska, Le Val-Saint-Francois, Les Chutes-de-la-
Chaudire, Les Collines-de-L'Outaouais, Les Etchemins, Les Jardins-de-
Napierville, Les Maskoutains, Les Moulins, Lotbini[egrave]re,
Memphr[eacute]magog, Mirabel, Montcalm, Montmagny, Nicolet-Yamaska,
Robert-Cliche, Roussillon, Rouville, Sherbrooke, Therese-de Blainville,
and Vaudreuil-Soulanges; and
(2) That portion of the regional county municipality of Antoine-
Llabelle that includes the following municipalities: Notre-Dame-du-Laus,
Notre-Dame-de-Pontmain, and Saint-Aim[eacute]-du-Lac-des-Iles; and
(3) That portion of the regional county municipality of Argenteuil
that includes the following municipalities: Brownsburg, Calumet,
Carillon, Chatham, Grenville, Lachute, Saint-Andr[eacute]-d'Argenteuil,
and Saint-Andr[eacute]-Est; and
(4) That portion of the regional county municipality of
Communaut[eacute] Urbaine De Qu[eacute]bec that includes the following
municipalities: Cap-Rouge, L'Ancienne-Lorette, Qu[eacute]bec, Saint-
Augustin-de-Desmaures, Sainte-Foy, Sillery, and Vanier; and
(5) That portion of the regional county municipality of La
Vall[eacute]e-de-la-Gatineau that includes the following municipalities:
Denholm, Gracefield, Kazabazua, Lac-Sainte-Marie, Low, Northfield, and
Wright; and
(6) That portion of the regional county municipality of Le Centre-
de-la-Mauricie that includes the following municipalities: Charette,
Notre-Dame-du-Mont-Carmel, Sainte-Elie, Shawinigan, and Shawinigan
(Sud); and
(7) That portion of the regional county municipality of Les
Laurentides that includes the following municipality: La Conception; and
(8) That portion of the regional county municipality of Les Pays-
d'en-Haut that includes the following municipality: Mont-Rolland; and
(9) That portion of the regional county municipality of
Maskinong[eacute] that includes the following municipalities:
Louiseville, Maskinong[eacute], Saint-Joseph-de-Maskinong[eacute],
Saint-Barnab[eacute], Saint-S[eacute]v[egrave]re, Saint-L[eacute]on-le-
Grand, Saint-Paulin, Sainte-Ursule, Saint-Justin, Saint-[eacute]douard-
de-Maskinong[eacute], Sainte-Ang[egrave]le-de-Pr[eacute]mont, and
Yamachiche; and
(10) That portion of the regional county municipality of Matawinie
that includes the following municipalities: Saint-F[eacute]lix-de-
Valois, Saint-Jean-de-Matha, Rawdon, and Chertsey; and
(11) That portion of the regional county municipality of Papineau
that includes the following municipalities: Fassett, Lochaber, Lochaber-
Partie-Ouest, Mayo, Montebello, Montpellier, Mulgrave-et-Derry, Notre-
Dame-de-Bon-Secours-Partie-Nord, Papineauville, Plaisance, Ripon
(Village et Canton), Saint-Andr[eacute]-Avellin (Village et Paroise),
Sainte-Ang[eacute]lique, Saint-Sixte, and Thurso; and
(12) That portion of the regional county municipality of Pontiac
that includes the following municipalities:
[[Page 370]]
Bristol, Shawville, Clarendon, Portage-du-Fort, Bryson, Campbell's Bay,
Grand-Calumet, Litchfield, Thorne, Alleyn-et-Cawood, Leslie-Clapham-et-
Huddersfield, Fort-Coulonge, Mansfield-et-Pontefract, Waltham-et-Bryson,
L'Isle-aux-Allumettes-Partie-Est, Chapeau, L'Isle-aux-Allumettes,
Chichester, Sheen-Esher-Aberdeen-et-Malakoff, and Rapides-des-Joachims;
and
(13) That portion of the regional county municipality of Portneuf
that includes the following municipalities: Cap-Sant[eacute],
Deschambault, Donnacona, Grondines, Neuville, and Pointe-aux-Trembles.
[65 FR 38175, June 20, 2000, as amended at 67 FR 59453, Sept. 23, 2002]
Sec. 319.77-4 Conditions for the importation of regulated articles.
(a) Trees and shrubs.\1\ (1) Trees without roots (e.g., Christmas
trees), trees with roots, and shrubs with roots and persistent woody
stems may be imported into the United States from any area of Canada
without restriction under this subpart if they:
---------------------------------------------------------------------------
\1\ Trees and shrubs from Canada that are capable of propagation may
be subject to additional restrictions under ``Subpart--Nursery Stock,
Plants, Roots, Seeds, and Other Plant Products'' (Secs. 319.37 through
319.37-14 of this part).
---------------------------------------------------------------------------
(i) Were greenhouse-grown throughout the year;
(ii) Are destined for a U.S. infested area and will not be moved
through any U.S. noninfested areas; or
(iii) Are Christmas trees destined for a U.S. infested area and will
not be moved through any U.S. noninfested areas other than noninfested
areas in the counties of Aroostock, Franklin, Oxford, Piscataquis,
Penobscot, and Somerset, ME (i.e., areas in those counties that are not
listed in 7 CFR 301.45-3).
(2) Trees without roots (e.g., Christmas trees), trees with roots,
and shrubs with roots and persistent woody stems that are destined for a
U.S. noninfested area or will be moved through a U.S. noninfested area
may be imported into the United States from Canada only under the
following conditions:
(i) If the trees or shrubs originated in a Canadian infested area,
they must be accompanied by an officially endorsed Canadian
phytosanitary certificate that includes an additional declaration
confirming that the trees or shrubs have been inspected and found free
of gypsy moth or that the trees or shrubs have been treated for gypsy
moth in accordance with the PlantProtection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
(ii) If the trees or shrubs originated in a Canadian noninfested
area, they must be accompanied by a certification of origin stating that
they were produced in an area of Canada where gypsy moth is not known to
occur.
(b) Logs and pulpwood with bark attached.\2\ (1) Logs or pulpwood
with bark attached that are destined for a U.S. infested area and that
will not be moved through any U.S. noninfested area other than
noninfested areas in the counties of Aroostock, Franklin, Oxford,
Piscataquis, Penobscot, and Somerset, ME (i.e., areas in those counties
that are not listed in 7 CFR 301.45-3) may be imported from any area of
Canada without restriction under this subpart.
---------------------------------------------------------------------------
\2\ Logs from Canada are also subject to restrictions under
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles''
(Secs. 319.40 through 319.40-11 of this part).
---------------------------------------------------------------------------
(2) Logs or pulpwood with bark attached that are destined for a U.S.
noninfested area or will be moved through a U.S. noninfested area may be
imported into the United States from Canada only under the following
conditions:
(i) If the logs or pulpwood originated in a Canadian infested area,
they must be either:
(A) Accompanied by an officially endorsed Canadian phytosanitary
certificate that includes an additional declaration confirming that they
have been inspected and found free of gypsy moth or that they have been
treated for gypsy moth in accordance with the Plant Protection and
Quarantine TreatmentManual, which is incorporated by reference at
Sec. 300.1 of this chapter; or
[[Page 371]]
(B) Destined for a specified U.S. processing plant or mill under
compliance agreement with the Animal and Plant Health Inspection Service
for specified handling or processing.
(ii) If the logs or pulpwood originated in a Canadian noninfested
area, they must be accompanied by a certification of origin stating that
they were produced in an area of Canada where gypsy moth is not known to
occur.
(c) Outdoor household articles and mobile homes and their associated
equipment. (1) Outdoor household articles and mobile homes and their
associated equipment that are destined for a U.S. infested area and will
not be moved through any U.S. noninfested areas may be imported from any
area in Canada without restriction under this subpart.
(2) Outdoor household articles and mobile homes and their associated
equipment that are being moved from a Canadian noninfested area may be
imported into any area of the United States without restriction under
this subpart.
(3) Outdoor household articles and mobile homes and their associated
equipment that are being moved from a Canadian infested area into a U.S.
noninfested area, or that will be moved through a U.S. noninfested area,
may be imported into the United States only if they are accompanied by a
statement, signed by their owner, stating that they have been inspected
and found free of gypsy moth.
(Approved by the Office of Management and Budget under control number
0579-0142)
[64 FR 45866, Aug. 23, 1999, as amended at 65 FR 38176, June 20, 2000]
Sec. 319.77-5 Disposition of regulated articles denied entry.
Any regulated article that is denied entry into the United States
because it does not meet the requirements of this subpart must be
promptly safeguarded or removed from the United States. If the article
is not promptly safeguarded or removed from the United States, it may be
seized, destroyed, or otherwise disposed of in accordance with section
414 of the Plant Protection Act (7 U.S.C. 7714).
[64 FR 45866, Aug. 23, 1999, as amended at 66 FR 21057, Apr. 27, 2001]