[Title 7 CFR 319.56-2ff]
[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]
[Subpart - Fruits and Vegetables]
[Sec. 319.56-2ff - Administrative instructions governing movement of Hass avocados from Michoacan, Mexico, to approved States.]
[From the U.S. Government Printing Office]


7AGRICULTURE52003-01-012003-01-01false319.56-2ffSec. 319.56-2ffAGRICULTURERegulations of the Department of Agriculture (Continued)ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OFFOREIGN QUARANTINE NOTICESFruits and Vegetables
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

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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

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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

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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

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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]