[Title 7 CFR 330.400]
[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 330 - FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE]
[Subpart - Garbage]
[Sec. 330.400 - Regulation of certain garbage.]
[From the U.S. Government Printing Office]


7AGRICULTURE52003-01-012003-01-01false330.400Sec. 330.400AGRICULTURERegulations of the Department of Agriculture (Continued)ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OFFEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGEGarbage
Sec. 330.400  Regulation of certain garbage.

    (a) Hawaii, Puerto Rico, the Virgin Islands of the United States, 
Guam, and all other Insular Possessions of the United States are hereby 
quarantined, and the movement therefrom to other parts of the United 
States of garbage is hereby regulated as provided in this section to 
prevent the spread of dangerous plant diseases and insect pests 
specified in Secs. 318.13, 318.58, and 318.82 or other plant pests which 
exist in these areas. Also, to prevent the dissemination of plant pests 
and livestock and poultry diseases, garbage is regulated as otherwise 
provided in this part because of international movements of means of 
conveyance.
    (b) Garbage. For purposes of this part, ``garbage'' means all waste 
material derived in whole or in part from fruits, vegetables, meats, or 
other plant or animal (including poultry) material, and other refuse of 
any character whatsoever that has been associated with any such material 
on board any means of conveyance, and including food scraps, table 
refuse, galley refuse, food wrappers or packaging materials, and other 
waste material from stores, food preparation areas, passengers' or 
crews' quarters, dining rooms, or any other areas on means of 
conveyance. For purposes of this part, garbage also means meals and 
other food that were available for consumption by passengers and crew on 
an aircraft but were not consumed.

    Note: Not all garbage is regulated for the purposes of this part. 
Garbage regulated for

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the purposes of this part is defined as ``regulated garbage'' in 
paragraphs (c) and (d) of this section.

    (c) Garbage regulated because of movements outside the United States 
or Canada. For purposes of this part, garbage on or removed from a means 
of conveyance is regulated garbage, if, when the garbage is on or 
removed from the means of conveyance, the means of conveyance has been 
in any port outside the United States and Canada within the previous 2-
year period. There are, however, two exceptions to this provision. These 
exceptions are as follows:
    (1) Exception 1. Garbage on or removed in the United States from a 
means of conveyance other than an aircraft is exempt from requirements 
under paragraph (c) of this section, if the following conditions are met 
when the garbage is on or removed from the means of conveyance:
    (i) The means of conveyance is accompanied by a certificate from an 
inspector stating the following:
    (A) That the means of conveyance had previously been cleared of all 
garbage and of all meats and meat products, whatever the country of 
origin, except meats that are shelf-stable; all fresh and condensed milk 
and cream from countries designated in 9 CFR 94.1 as those in which 
foot-and-mouth disease exists; all fresh fruits and vegetables; and all 
eggs; and the items cleared from the means of conveyance as prescribed 
by this paragraph have been disposed of according to the procedures for 
disposing of regulated garbage, as specified in paragraph (g)(1) of this 
section.
    (B) That the means of conveyance had then been cleaned and 
disinfected in the presence of the inspector; and
    (ii) Since being cleaned and disinfected, the means of conveyance 
has not been in a non-Canadian foreign port.
    (2) Exception 2. Garbage on or removed from an aircraft is exempt 
from requirements under paragraph (c) of this section if the following 
conditions are met when the garbage is on or removed from the aircraft:
    (i) The aircraft had been cleared of all garbage and all stores; and 
the items cleared from the aircraft as prescribed by this paragraph have 
been disposed of according to the procedures for disposing of regulated 
garbage, as specified in paragraph (g)(1) of this section.
    (ii) After the garbage and stores referred to in paragraph (c)(2)(i) 
of this section were removed, the aircraft has not been in a non-
Canadian foreign port.
    (d) Garbage regulated because of certain movements to or from 
Hawaii, territories, or possessions. For purposes of this part, garbage 
on or removed from a means of conveyance is regulated garbage, if at the 
time the garbage is on or removed from the means of conveyance, the 
means of conveyance has moved during the previous one-year period, 
either directly or indirectly, to the continental United States from any 
territory or possession or from Hawaii; to any territory or possession 
from any other territory or possession or from Hawaii, or to Hawaii from 
any territory or possession. There are, however, two exceptions to this 
provision. These exceptions are as follows:
    (1) Exception 1. Garbage on or removed from a means of conveyance 
other than an aircraft is exempt from requirements under paragraph (d) 
of this section if the following two conditions are met when the garbage 
is on or removed from the means of conveyance:
    (i) The means of conveyance is accompanied by certificate from an 
inspector, saying that the means of conveyance had been cleared of all 
garbage and all fresh fruits and vegetables; and the items cleared from 
the means of conveyance as prescribed by this paragraph have been 
disposed of according to the procedures for disposing of regulated 
garbage, as specified in paragraph (g)(1) of this section.
    (ii) After being cleared of the garbage and stores referred to in 
paragraph (d)(1)(i) of this section, the means of conveyance has not 
moved to the continental United States from any territory or possession 
or from Hawaii; to any territory or possession from any other territory 
or possession or from Hawaii; or to Hawaii from any territory or 
possession.
    (2) Exception 2. Garbage on or removed from an aircraft is exempt 
from

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requirements under paragraph (d) of this section if the following two 
conditions are met when the garbage is on or removed from the aircraft:
    (i) The aircraft had been previously cleared of all garbage and all 
fresh fruits and vegetables; and the items cleared from the aircraft as 
prescribed by this paragraph have been disposed of according to the 
procedures for disposing of regulated garbage, as specified in paragraph 
(g)(1) of this section.
    (ii) After the garbage and stores referred to in paragraph (d)(2)(i) 
of this section were removed, the aircraft has not moved to the 
continental United States from any territory or possession or from 
Hawaii; to any territory or possession from any other territory or 
possession or from Hawaii; or to Hawaii from any territory or 
possession.
    (e) Garbage that is commingled with regulated garbage is also 
regulated garbage.
    (f) Restrictions on regulated garbage.
    (1) Regulated garbage may not be disposed of, placed on, or removed 
from a means of conveyance except in accordance with this part.
    (2) Regulated garbage is subject to general surveillance for 
compliance with this section by Animal and Plant Health Inspection 
Service inspectors and to disposal measures authorized by sections 414 
and 421 of the Plant Protection Act (7 U.S.C. 7714 and 7731), section 2 
of the Act of February 2, 1903, as amended (21 U.S.C. 111), and section 
306 of the Act of July 17, 1930, as amended (19 U.S.C. 1306), to prevent 
the introduction and dissemination of pests and diseases of plants, 
livestock, and poultry.
    (g)(1) All regulated garbage must be contained in tight, leak-proof 
covered receptacles during storage on board a means of conveyance while 
in the territorial waters, or while otherwise within the territory of 
the United States. All such receptacles shall be contained inside the 
guard rail if on a watercraft. Such regulated garbage shall not be 
unloaded from such means of conveyance in the United States unless such 
regulated garbage is removed in tight, leak-proof receptacles under the 
direction of an Animal and Plant Health Inspection Service inspector to 
an approved facility for incineration, sterilization, or grinding into 
an approved sewage system, under supervision by such an inspector, or 
such regulated garbage is removed for other handling in such manner and 
under such supervision as may, upon request in specific cases, be 
approved by the Administrator as complying with the applicable laws for 
environmental protection and as adequate to prevent the dissemination 
into or within the United States of plant pests and livestock or poultry 
diseases. Provided that, a cruise ship may dispose of regulated garbage 
in landfills at Alaskan ports only, if and only if the cruise ship does 
not have prohibited or restricted meat or animal products on board at 
the time it enters Alaskan waters for the cruise season, and only if the 
cruise ship, except for incidental travel through international waters 
necessary to navigate safely between ports, remains in Canadian and U.S. 
waters off the west coast of North America, and calls only at 
continental U.S. and Canadian ports during the entire cruise season.
    (2) Application for approval of a facility or sewage system may be 
made in writing by the authorized representative of any carrier or by 
the official having jurisdiction over the port or place of arrival of 
the means of conveyance, to the Administrator, Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, Washington, DC 
20250. The application shall be endorsed by the operator of the facility 
or sewage system. Approval will be granted if the Administrator 
determines that the requirements set forth in this section are met. 
Approval may be denied or withdrawn at any time, if the Administrator 
determines that such requirements are not met, after notice of the 
proposed denial or withdrawal of the approval and the reasons therefor, 
and an opportunity to demonstrate or achieve compliance with such 
requirements, has been afforded to the operator of the facility or 
sewage system and to the applicant for approval. However, approval may 
also be withdrawn without such prior procedure in any case in which the 
public health, interest, or safety requires immediate action, and in 
such case, the operator of the facility or sewage system and the 
applicant for approval

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shall promptly thereafter be given notice of the withdrawal and the 
reasons therefor and an opportunity to show cause why the approval 
should be reinstated.
    (h) The Plant Protection and Quarantine Programs and Veterinary 
Services, Animal, and Plant Health Inspection Service, will cooperate 
with other Federal, State, and local agencies responsible for enforcing 
other statutes and regulations governing disposal of the regulated 
garbage to the end that such disposal shall be adequate to prevent the 
dissemination of plant pests and livestock or poultry diseases and 
comply with applicable laws for environmental protection. The 
inspectors, in maintaining surveillance over regulated garbage movements 
and disposal, shall coordinate their activities with the activities of 
representatives of the Environmental Protection Agency and other 
Federal, State, and local agencies also having jurisdiction over such 
regulated garbage.
    (i) As used in this section:
    (1) Sterilization'' means cooking regulated garbage at 212  deg.F. 
for 30 minutes and disposal of the residue by burying in a landfill, 
except that the burial provisions do not apply to materials extracted 
from the residue after cooking and determined by the Administrator to be 
unsuitable for use as food or as soil additives.
    (2) Incineration means to reduce the regulated garbage to ash by 
burning;
    (3) Approved sewage system means a sewage system approved by the 
Administrator, Animal and Plant Health Inspection Service, upon his 
determination that the system is designed and operated in such a way as 
to preclude the discharge of sewage effluents onto land surfaces or into 
lagoons or other stationary waters, and otherwise is adequate to prevent 
the dissemination of plant pests and livestock or poultry diseases, and 
that is certified by an appropriate Government official as currently 
complying with the applicable laws for environmental protection.
    (4) Approved facility means a facility approved by the 
Administrator, Animal and Plant Health Inspection Service, upon his 
determination that it has equipment and uses procedures that are 
adequate to prevent the dissemination of plant pests and livestock or 
poultry diseases, and that it is certified by an appropriate Government 
official as currently complying with the applicable laws for 
environmental protection.
    (5) Carrier means the principal operator of a means of conveyance.
    (j) Compliance agreement and cancellation. (1) Any person engaged in 
the business of handling or disposing of regulated garbage must first 
enter into a compliance agreement with the Animal and Plant Health 
Inspection Service (APHIS). Compliance agreement forms (PPQ Form 519) 
are available without charge from local USDA/APHIS/Plant Protection and 
Quarantine offices, which are listed in telephone directories.
    (2) A person who enters into a compliance agreement, and employees 
or agents of that person, shall comply with the following conditions and 
any supplemental conditions which shall be listed in the compliance 
agreement, as deemed by the Administrator to be necessary to prevent the 
dissemination into or within the United States of plant pests and 
livestock or poultry diseases:
    (i) Comply with the provisions of 7 CFR 330.400;
    (ii) Allow APHIS inspectors access to all records maintained by the 
person regarding handling or disposal of regulated garbage, and to all 
areas where handling or disposal of regulated garbage occurs;
    (iii) Remove regulated garbage from a means of conveyance only in 
tight, leak-proof receptacles;
    (iv) Move the receptacles of regulated garbage only to a facility 
approved in accordance with Sec. 330.400(g)(2); and
    (v) At the approved facility, dispose of the regulated garbage only 
through incineration, sterilization, grinding into a sewage system 
approved in accordance with Sec. 330.400(g)(2), or in any other manner 
approved by the Administrator and described in the compliance agreement.
    (3) Approval for a compliance agreement may be denied at any time if 
the Administrator determines that the requirements set forth in this 
subpart are not met, after notice of, and the reasons for, the proposed 
denial of the

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approval, and an opportunity to demonstrate or achieve compliance with 
such requirements, has been afforded to the compliance agreement 
applicant.
    (4) Any compliance agreement may be canceled in writing by the 
Administrator whenever it is found that the person who has entered into 
the compliance agreement has failed to comply with this subpart. Any 
person whose compliance agreement has been cancelled may appeal the 
decision, in writing, within 10 days after receiving written 
notification of the cancellation. The appeal must state all of the facts 
and reasons upon which the person relies to show that the compliance 
agreement was wrongfully cancelled. As promptly as circumstances allow, 
the Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator. This administrative remedy must be 
exhausted before a person can file suit in court challenging the 
cancellation of a compliance agreement.
    (5) Where a compliance agreement is denied or cancelled, regulated 
garbage may continue to be unloaded from a means of conveyance and 
disposed of at an approved facility in accordance with 
Sec. 330.400(g)(1).

(Approved by the Office of Management and Budget under control number 
0579-0054)

[39 FR 32320, Sept. 6, 1974, as amended at 43 FR 39954, Sept. 8, 1978; 
45 FR 80268, Dec. 4, 1980; 48 FR 57466, Dec. 30, 1983; 58 FR 66248, Dec. 
20, 1993; 62 FR 19903, Apr. 24, 1997; 66 FR 21058, Apr. 27, 2001]