[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



                    7


          Parts 300 to 399

                         Revised as of January 1, 2003

Agriculture





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2003
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
                              (202) 512-1800
      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001



[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    Subtitle B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter III--Animal and Plant Health Inspection 
          Service, Department of Agriculture                         5
  Finding Aids:
      Material Approved for Incorporation by Reference........     515
      Table of CFR Titles and Chapters........................     517
      Alphabetical List of Agencies Appearing in the CFR......     535
      List of CFR Sections Affected...........................     545



[[Page iv]]


      


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

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  7 CFR 300.1 refers 
                       to title 7, part 300, 
                       section 1.

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

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2003), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll free, 
866-512-1800 or DC area, 202-512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or 
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512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.access.gpo.gov/
nara (``GPO Access''). For more information, contact Electronic 
Information Dissemination Services, U.S. Government Printing Office. 
Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
[email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

January 1, 2003.



[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1899, 1900-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2003.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299, include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199. Part 900--General Regulations is carried as a note in the 
volume containing parts 1000-1199, as a convenience to the user.

[[Page x]]





[[Page 1]]



                          TITLE 7--AGRICULTURE




                  (This book contains parts 300 to 399)

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

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

                                                                    Part

chapter iii--Animal and Plant Health Inspection Service, 
  Department of Agriculture.................................         300

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

[[Page 5]]



 CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE




  --------------------------------------------------------------------
Part                                                                Page
300             Incorporation by reference..................           7
301             Domestic quarantine notices.................           8
302             District of Columbia; movement of plants and 
                    plant products..........................         165
305             Phytosanitary treatments....................         165
318             Hawaiian and territorial quarantine notices.         170
319             Foreign quarantine notices..................         210
322             Honeybees and honeybee semen................         371
330             Federal plant pest regulations; general; 
                    plant pests; soil, stone, and quarry 
                    products; garbage.......................         374
331             Possession of biological agents and toxins..         393
340             Introduction of organisms and products 
                    altered or produced through genetic 
                    engineering which are plant pests or 
                    which there is reason to believe are 
                    plant pests.............................         402
351             Importation of plants or plant products by 
                    mail....................................         419
352             Plant quarantine safeguard regulations......         421
353             Export certification........................         433
354             Overtime services relating to imports and 
                    exports; and user fees..................         444
355             Endangered species regulations concerning 
                    terrestrial plants......................         469
356             Forfeiture procedures.......................         475
360             Noxious weed regulations....................         479
361             Importation of seed and screenings under the 
                    Federal Seed Act........................         482

[[Page 6]]

370             Freedom of information......................         499
371             Organization, functions, and delegations of 
                    authority...............................         500
372             National Environmental Policy Act 
                    implementing procedures.................         506
380             Rules of practice governing proceedings 
                    under certain acts......................         511
381-399         [Reserved]

[[Page 7]]



PART 300--INCORPORATION BY REFERENCE--Table of Contents




              Subpart--Materials Incorporated by Reference

Sec.
300.1  Plant Protection and Quarantine Treatment Manual.
300.2  Dry Kiln Operator's Manual.
300.3  Reference Manual A.
300.4  Reference Manual B.

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    Source:  67 FR 8463, Feb. 25, 2002, unless otherwise noted.



Sec. 300.1  Plant Protection and Quarantine Treatment Manual.

    (a) In accordance with 5 U.S.C. 552(a) and 1 CFR part 51, the 
Director of the Office of the Federal Register has approved for 
incorporation by reference in 7 CFR chapter III the Plant Protection and 
Quarantine Treatment Manual, which was reprinted November 30, 1992, and 
all revisions through May 2000; and:
    (1) Treatment T101-n-2 and T102-b, and Table 5-2-5, revised July 
2001;
    (2) Treatment T102-e, revised July 2001;
    (3) Treatment T406-d, dated January 2002;
    (4) Treatments T102-d-1, T103-e, T106-c, T106-f, and T106-g, dated 
February 2002; and
    (5) Treatments T107-a, T107-a-1, T107-c, and T107-f, dated September 
2002.
    (b) The treatments specified in the Plant Protection and Quarantine 
Treatment Manual and its revisions are required to authorize the 
movement of certain articles regulated by domestic quarantines (7 CFR 
parts 301 and 318) and foreign quarantines (7 CFR part 319).
    (c) Availability. Copies of the Plant Protection and Quarantine 
Treatment Manual:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC; or
    (2) May be obtained by writing or calling the Animal and Plant 
Health Inspection Service, Documents Management Branch, Printing 
Distribution and Mail Section, 4700 River Road Unit 1, Riverdale, MD 
20737-1229, (301) 734-5524; or
    (3) May be obtained from field offices of the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine. Addresses of 
these offices may be found in local telephone directories.

[67 FR 8463, Feb. 25, 2002, as amended at 67 FR 41157, June 17, 2002; 67 
FR 63535, Oct. 15, 2002]



Sec. 300.2  Dry Kiln Operator's Manual.

    (a) The Dry Kiln Operator's Manual, which was published in August 
1991 as Agriculture Handbook No. 188 by the United States Department of 
Agriculture, Forest Service, has been approved for incorporation by 
reference in 7 CFR chapter III by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    (b) The kiln drying schedules specified in the Dry Kiln Operator's 
Manual provide a method by which certain articles regulated by 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' (7 CFR 
319.40-1 through 319.40-11) may be imported into the United States.
    (c) Availability. Copies of the Dry Kiln Operator's Manual:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC; or
    (2) Are for sale as ISBN 0-16-035819-1 by the U.S. Government 
Printing Office, Superintendent of Documents, Mail Stop: SSOP, 
Washington, DC 20402-9328.



Sec. 300.3  Reference Manual A.

    (a) The Reference Manual for Administration, Procedures, and 
Policies of the National Seed Health System, which was published on 
February 25, 2000, by the National Seed Health System (NSHS), has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
    (b) Availability. Copies of Reference Manual A:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite

[[Page 8]]

700, Washington, DC, and the APHIS Library, U.S. Department of 
Agriculture, 4700 River Road, Riverdale, MD; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



Sec. 300.4  Reference Manual B.

    (a) The Reference Manual for Seed Health Testing and Phytosanitary 
Field Inspection Methods, which was published on February 27, 2001, by 
the National Seed Health System (NSHS), has been approved for 
incorporation by reference in 7 CFR chapter III by the Director of the 
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.
    (b) Availability. Copies of Reference Manual B:
    (1) Are available for inspection at the Office of the Federal 
Register Library, 800 North Capitol Street NW., Suite 700, Washington, 
DC, and the APHIS Library, U.S. Department of Agriculture, 4700 River 
Road, Riverdale, MD; or
    (2) May be obtained by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236; or
    (3) May be viewed on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pim/accreditation.



PART 301--DOMESTIC QUARANTINE NOTICES--Table of Contents




                Subpart--Imported Plants and Plant Parts

Sec.
301.10  Definitions.
301.11  Notice of quarantine; prohibition on the interstate movement of 
          certain imported plants and plant parts.

                        Subpart--Black Stem Rust

301.38  Notice of quarantine; restrictions on interstate movement of 
          regulated articles.
301.38-1  Definitions.
301.38-2  Regulated articles.
301.38-3  Protected areas.
301.38-4  Interstate movement of regulated articles.
301.38-5  Assembly and inspection of regulated articles; issuance and 
          cancellation of certificates.
301.38-6  Compliance agreements and cancellation.
301.38-7  Attachment and disposition of certificates.
301.38-8  Costs and charges.

                           Subpart--Gypsy Moth

301.45  Notice of quarantine; restriction on interstate movement of 
          specified regulated articles.
301.45-1  Definitions.
301.45-2  Authorization to designate and terminate designation of 
          generally infested areas.
301.45-3  Generally infested areas.
301.45-4  Conditions governing the interstate movement of regulated 
          articles and outdoor household articles from generally 
          infested areas.
301.45-5  Issuance and cancellation of certificates, limited permits, 
          and outdoor household article documents.
301.45-6  Compliance agreement and cancellation thereof.
301.45-7  Assembly and inspection of regulated articles and outdoor 
          household articles.
301.45-8  Attachment and disposition of certificates, limited permits, 
          and outdoor household article documents.
301.45-9  Inspection and disposal of regulated articles and pests.
301.45-10  Movement of live gypsy moths.
301.45-11  Costs and charges.
301.45-12  Disqualification of qualified certified applicator to issue 
          certificates.

                        Subpart--Japanese Beetle

                       Quarantine and Regulations

301.48  Notice of quarantine; quarantine restrictions on interstate 
          movement of regulated articles.
301.48-1  Definitions.
301.48-2  Authorization to designate, and terminate designation of, 
          regulated airports.
301.48-3  Notification of designation, and termination of designation, 
          of regulated airports.
301.48-4  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.48-5  Inspection and disposal of regulated articles and pests.
301.48-6  Movement of live Japanese beetles.
301.48-7  Nonliability of the Department.
301.48-8    Compliance agreements and cancellation.

[[Page 9]]

                       Subpart--Pine Shoot Beetle

301.50  Restrictions on interstate movement of regulated articles.
301.50-1  Definitions.
301.50-2  Regulated articles.
301.50-3  Quarantined areas.
301.50-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.50-5  Issuance and cancellation of certificates and limited permits.
301.50-6  Compliance agreements and cancellation.
301.50-7  Assembly and inspection of regulated articles.
301.50-8  Attachment and disposition of certificates and limited 
          permits.
301.50-9  Costs and charges.
301.50-10  Treatments.

                    Subpart--Asian Longhorned Beetle

301.51-1  Definitions.
301.51-2  Regulated articles.
301.51-3  Quarantined areas.
301.51-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.51-5  Issuance and cancellation of certificates and limited permits.
301.51-6  Compliance agreements and cancellation.
301.51-7  Assembly and inspection of regulated articles.
301.51-8  Attachment and disposition of certificates and limited 
          permits.
301.51-9  Costs and charges.

                         Subpart--Pink Bollworm

                       Quarantine and Regulations

301.52  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.52-1  Definitions.
301.52-2  Authorization for Deputy Administrator to list regulated areas 
          and suppressive or generally infested areas.
301.52-2a    Regulated areas; suppressive and generally infested areas.
301.52-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.52-4  Issuance and cancellation of certificates and permits.
301.52-5  Compliance agreements; and cancellation thereof.
301.52-6  Assembly and inspection of regulated articles.
301.52-7  Attachment and disposition of certificates or permits.
301.52-8  Inspection and disposal of regulated articles and pests.
301.52-9  Movement of live pink bollworms.
301.52-10  Nonliability of the Department.

          Subpart--Mexican Fruit Fly Quarantine and Regulations

301.64  Quarantine and regulations; restrictions on interstate movement 
          of regulated articles.
301.64-1  Definitions.
301.64-2  Regulated articles.
301.64-3  Regulated areas.
301.64-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.64-5  Issuance and cancellation of certificates and limited permits.
301.64-6  Compliance agreement and cancellation thereof.
301.64-7  Assembly and inspection of regulated articles.
301.64-8  Attachment and disposition of certificates and limited 
          permits.
301.64-9  Costs and charges.
301.64-10  Treatments.

                            Subpart--Plum Pox

301.74  Restrictions on interstate movement of regulated articles.
301.74-1  Definitions.
301.74-2  Regulated articles.
301.74-3  Quarantined areas.
301.74-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.74-5  Compensation.

                         Subpart--Citrus Canker

                  Notice of Quarantine and Regulations

301.75-1  Definitions.
301.75-2  General prohibitions.
301.75-3  Regulated articles.
301.75-4  Quarantined areas.
301.75-5  Commercial citrus-producing areas.
301.75-6  Interstate movement of regulated articles from a quarantined 
          area, general requirements.
301.75-7  Interstate movement of regulated fruit from a quarantined 
          area.
301.75-8  Interstate movement of regulated seed from a quarantined area.
301.75-9  Interstate movement of regulated articles from a quarantined 
          area for experimental or scientific purposes.
301.75-10  Interstate movement of regulated articles through a 
          quarantined area.
301.75-11  Treatments.
301.75-12  Certificates and limited permits.
301.75-13  Compliance agreements.
301.75-14  Costs and charges.
301.75-15  Funds for the replacement of commercial citrus trees.
301.75-16  Payments for the recovery of lost production income.

[[Page 10]]

                    Subpart--Mediterranean Fruit Fly

301.78  Restrictions on interstate movement of regulated articles.
301.78-1  Definitions.
301.78-2  Regulated articles.
301.78-3  Quarantined areas.
301.78-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.78-5  Issuance and cancellation of certificates and limited permits.
301.78-6  Compliance agreements and cancellation.
301.78-7  Assembly and inspection of regulated articles.
301.78-8  Attachment and disposition of certificates and limited 
          permits.
301.78-9  Costs and charges.
301.78-10  Treatments.

                           Subpart--Witchweed

                       Quarantine and Regulations

301.80  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.80-1  Definitions.
301.80-2  Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.80-2a  Regulated areas; generally infested and suppressive areas.
301.80-2b  Exempted articles.
301.80-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.80-4  Issuance and cancellation of certificates and permits.
301.80-5  Compliance agreements; and cancellation thereof.
301.80-6  Assembly and inspection of regulated articles.
301.80-7  Attachment and disposition of certificates or permits.
301.80-8  Inspection and disposal of regulated articles and pests.
301.80-9  Movement of witchweed.
301.80-10  Nonliability of the Department.

                       Subpart--Imported Fire Ant

                       Quarantine and Regulations

301.81  Restrictions on interstate movement of regulated articles.
301.81-1  Definitions.
301.81-2  Regulated articles.
301.81-3  Quarantined areas.
301.81-4  Interstate movement of regulated articles from quarantined 
          areas.
301.81-5  Issuance of a certificate or limited permit.
301.81-6  Compliance agreements.
301.81-7  Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.81-8  Assembly and inspection of regulated articles.
301.81-9  Attachment and disposition of certificates and limited 
          permits.
301.81-10  Costs and charges.

Appendix to Subpart ``Imported Fire Ant''

Subpart--Unshu Oranges [Reserved]

                        Subpart--Golden Nematode

                       Quarantine and Regulations

301.85  Quarantine; restriction on interstate movement of specified 
          regulated articles.
301.85-1  Definitions.
301.85-2  Authorization to designate, and terminate designation of, 
          regulated areas and suppressive or generally infested areas; 
          and to exempt articles from certification, permit, or other 
          requirements.
301.85-2a    Regulated areas; suppressive and generally infested areas.
301.85-2b    Exempted articles.
301.85-3  Conditions governing the interstate movement of regulated 
          articles from quarantined States.
301.85-4  Issuance and cancellation of certificates and permits.
301.85-5  Compliance agreement and cancellation thereof.
301.85-6  Assembly and inspection of regulated articles.
301.85-7  Attachment and disposition of certificates and permits.
301.85-8  Inspection and disposal of regulated articles and pests.
301.85-9  Movement of live golden nematodes.
301.85-10  Nonliability of the Department.

                       Subpart--Sugarcane Diseases

                       Quarantine and Regulations

301.87  Quarantine; restrictions on interstate movement of specified 
          articles.
301.87-1  Definitions.
301.87-2  Regulated articles.
301.87-3  Regulated areas.
301.87-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.87-5  Issuance and cancellation of certificates and limited permits.
301.87-6  Compliance agreement; cancellation.
301.87-7  Assembly and inspection of regulated articles.
301.87-8  Attachment and disposition of certificates and limited 
          permits.
301.87-9  Costs and charges.
301.87-10  Treatments.

                          Subpart--Karnal Bunt

301.89-1  Definitions.
301.89-2  Regulated articles.

[[Page 11]]

301.89-3  Regulated areas.
301.89-4  Planting.
301.89-5  Movement of regulated articles from regulated areas.
301.89-6  Issuance of a certificate or limited permit.
301.89-7  Compliance agreements.
301.89-8  Cancellation of a certificate, limited permit, or compliance 
          agreement.
301.89-9  Assembly and inspection of regulated articles.
301.89-10  Attachment and disposition of certificates and limited 
          permits.
301.89-11  Costs and charges.
301.89-12  Cleaning and disinfection.
301.89-13  Treatments.
301.89-14  Compensation for the 1995-1996 crop season.
301.89-15  Compensation for growers, handlers, and seed companies in the 
          1999-2000 and subsequent crop seasons.
301.89-16  Compensation for grain storage facilities, flour millers, and 
          National Survey participants for the 1999-2000 and subsequent 
          crop seasons.

Subpart--Corn Cyst Nematode [Reserved]

                     Subpart--European Larch Canker

                       Quarantine and Regulations

301.91  Quarantine and regulations; restrictions on interstate movement 
          of regulated articles.
301.91-1  Definitions.
301.91-2  Regulated articles.
301.91-3  Regulated areas.
301.91-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas in quarantined States.
301.91-5  Issuance and cancellation of certificates and limited permits.
301.91-6  Compliance agreement and cancellation thereof.
301.91-7  Assembly and inspection of regulated articles.
301.91-8  Attachment and disposition of certificates and limited 
          permits.
301.91-9  Costs and charge.

                      Subpart--Phytophthora Ramorum

301.92  Restrictions on the interstate movement of regulated and 
          restricted articles.
301.92-1  Definitions.
301.92-2  Regulated and restricted articles.
301.92-3  Quarantined areas.
301.92-4  Conditions governing the interstate movement of regulated and 
          restricted articles from quarantined areas.
301.92-5  Issuance and cancellation of certificates.
301.92-6  Compliance agreements and cancellation.
301.92-7  Assembly and inspection of regulated articles.
301.92-8  Attachment and disposition of certificates.
301.92-9  Costs and charges.
301.92-10  Treatments.
301.92-11  Inspection and sampling protocol.

                       Subpart--Oriental Fruit Fly

301.93  Restrictions on interstate movement of regulated articles.
301.93-1  Definitions.
301.93-2  Regulated articles.
301.93-3  Quarantined areas.
301.93-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.93-5  Issuance and cancellation of certificates and limited permits.
301.93-6  Compliance agreements and cancellation.
301.93-7  Assembly and inspection of regulated articles.
301.93-8  Attachment and disposition of certificates and limited 
          permits.
301.93-9  Costs and charges.
301.93-10  Treatments.

                        Subpart--Melon Fruit Fly

301.97  Restrictions on interstate movement of regulated articles.
301.97-1  Definitions.
301.97-2  Regulated articles.
301.97-3  Quarantined areas.
301.97-4  Conditions governing the interstate movement of regulated 
          articles from regulated areas.
301.97-5  Issuance and cancellation of certificates and limited permits.
301.97-6  Compliance agreements and cancellation.
301.97-7  Assembly and inspection of regulated articles.
301.97-8  Attachment and disposition of certificates and limited 
          permits.
301.97-9  Costs and charges.
301.97-10  Treatments.

                     Subpart--West Indian Fruit Fly

301.98  Restrictions on interstate movement of regulated articles.
301.98-1  Definitions.
301.98-2  Regulated articles.
301.98-3  Quarantined areas.
301.98-4  Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.98-5  Issuance and cancellation of certificates and limited permits.
301.98-6  Compliance agreements and cancellation.
301.98-7  Assembly and inspection of regulated articles.
301.98-8  Attachment and disposition of certificates and limited 
          permits.
301.98-9  Costs and charges.
301.98-10  Treatments.


[[Page 12]]


    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 
7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued 
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 
note).



                Subpart--Imported Plants and Plant Parts

    Source: 62 FR 61212, Nov. 17, 1997, unless otherwise noted.



Sec. 301.10  Definitions.

    Move (moved, movement). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved.
    State. Any State, territory, district, or possession of the United 
States.



Sec. 301.11  Notice of quarantine; prohibition on the interstate movement of certain imported plants and plant parts.

    (a) In accordance with part 319 of this chapter, some plants and 
plant parts may only be imported into the United States subject to 
certain destination restrictions. That is, under part 319, some plants 
and plant parts may be imported into some States or areas of the United 
States but are prohibited from being imported into, entered into, or 
distributed within other States or areas, as an additional safeguard 
against the introduction and establishment of foreign plant pests and 
diseases.
    (b) Under this quarantine notice, whenever any imported plant or 
plant part is subject to destination restrictions under part 319:
    (1) The State(s) or area(s) into which the plant or plant part is 
allowed to be imported is quarantined with respect to that plant or 
plant part; and
    (2) No person shall move any plant or plant part from any such 
quarantined State or area into or through any State or area not 
quarantined with respect to that plant or plant part.



                        Subpart--Black Stem Rust

    Source: 54 FR 32791, Aug. 10, 1989, unless otherwise noted.



Sec. 301.38  Notice of quarantine; restrictions on interstate movement of regulated articles.

    The conterminous 48 States and the District of Columbia are 
quarantined in order to prevent the spread of black stem rust. No person 
shall move interstate any regulated article except in accordance with 
this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified employee of the Animal and Plant Health 
Inspection Service is authorized to stop and inspect persons and means 
of conveyance, and to seize, quarantine, treat, apply other remedial 
measures to destroy, or otherwise dispose of regulated articles as 
provided in sections 414 and 421 of the Plant Protection Act (7 U.S.C. 
7714 and 7731).

[54 FR 32791, Aug. 10, 1989, as amended at 66 FR 21050, Apr. 27, 2001]



Sec. 301.38-1  Definitions.

    In this subpart the following definitions apply:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service (APHIS), or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculure.
    Black stem rust. The disease commonly known as the black stem rust 
of grains (Puccinia graminis).
    Certificate. A document in which an inspector, or a person operating 
under a compliance agreement, affirms that a specified regulated article 
has met the criteria in Sec. 301.38-5(b) of this subpart and may be 
moved interstate to any destination.
    Compliance agreement. A written agreement between a State that is a 
protected area or that encompasses a protected area and a person who 
moves regulated articles interstate, or in a non-protected area between 
APHIS and such person, in which that person agrees to comply with this 
subpart.
    Departmental permit. A document issued by the Administrator in which

[[Page 13]]

he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes, 
and that the regulated article is eligible for interstate movement under 
the conditions specified on the Departmental permit and found by the 
Administrator to be adequate to prevent the introduction of rust-
susceptible varieties of the genera Berberis, Mahoberberis, and Mahonia 
into protected areas.
    Inspector. Any APHIS employee or other person authorized by the 
Administrator in accordance with law to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector to allow the 
interstate movement into or through a protected area of regulated 
articles not eligible for certification under this subpart to a 
specified destination outside the protected area.
    Moved (movement, move). Shipped, offered to a common carrier for 
shipment, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved. 
``Movement'' and ``move'' shall be construed in accordance with this 
definition.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Protected area. Those States or counties designated in Sec. 301.38-
3(c) of this subpart.
    Rust-resistant plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia species, and their progeny, that have proven 
resistant to black stem rust during testing by the United States 
Department of Agriculture,\2\ and that are listed as rust-resistant 
under Sec. 301.38-2 (a)(2) and (a)(3).
---------------------------------------------------------------------------

    \2\ Testing is performed by the Agricultural Research Service of 
USDA as follows: In a greenhouse, the suspect plant, or test subject, is 
placed under a screen with a control plant, i.e., a known rust-
susceptible variety of Berberis, Mahoberberis, or Mahonia. Infected 
wheat stems, a primary host of black stem rust, are placed on top of the 
screen. The plants are moistened and maintained in 100% humidity, 
causing the spores to swell and fall on the plants lying under the 
screen. The plants are then observed for 7 days at 20-80% relative 
humidity. This test procedure is repeated 12 times. If in all 12 tests, 
the rust-susceptible plant shows signs of infection after 7 days and the 
test plants do not, USDA will declare the test plant variety rust-
resistant. The tests must be performed on new growth, just as the leaves 
are unfolding.
---------------------------------------------------------------------------

    Rust-susceptible plants. All plants of the genera Berberis, 
Mahoberberis, and Mahonia species not listed as rust-resistant under 
Sec. 301.38-2 (a)(2) and (a)(3).
    Regulated article. Any article listed in Sec. 301.38-2 (a)(1) 
through (a)(4) of this subpart or otherwise designated as a regulated 
article in accordance with Sec. 301.38-2(a)(5) of this subpart.
    Seedling. Any plant of the genera Berberis, Mahoberberis, and 
Mahonia grown from seed and having less than 2 years' growth.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.
    Two years' growth. The growth of a plant during all growing seasons 
of 2 successive calendar years.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989; 67 FR 8178, 
Feb. 22, 2002]



Sec. 301.38-2  Regulated articles.

    (a) The following are regulated articles: \3\
---------------------------------------------------------------------------

    \3\ Permit and other requirements for the insterstate movement of 
black stem rust organisms are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (1) All seedlings and plants of less than 2 years' growth of the 
genus Berberis.
    (2) All plants, seeds, fruits, and other plant parts capable of 
propagation from the following rust-resistant Berberis species.
  B. aggregata x B. wilsoniae `Pirate King'
  B. `Amstelveen'
  B. aridocalida
  B. beaniana
  B. buxifolia
  B. buxifolia nana
  B. calliantha
  B. candidula
  B. candidula `Amstelveen'
  B. candidulaxB. verruculosa `Amstelveen'
  B. cavallieri
  B. chenaulti
  B. chanaulti `Apricot Queen'

[[Page 14]]

  B. circumserrata
  B. concinna
  B. coxii
  B. darwini
  B. dasystachya
  B. dubia
  B. feddeana
  B. formosana
  B. franchetiana
  B. gagnepainii
  B. gagnepaini `Chenault'
  B. gilgiana
  B. gladwynensis
  B. gladwynensis `William Penn'
  B. gyalaica
  B. heterophylla
  B. horvathi
  B. hybrido-gagnepaini
  B. insignis
  B. integerrima `Wallichs Purple'
  B. julianae
  B. julianae `Nana'
  B. julianae `Spring Glory'
  B. koreana
  B. koreanaxB. thunbergii hybrid Bailsel
  B. koreanaxB. thunbergii hybrid Tara
  B. lempergiana
  B. lepidifolia
  B. linearifolia
  B. linearifolia var. `Orange King'
  B. lologensis
  B. lologensis `Mystery Fire'
  B. manipurana
  B. media `Park Jewel'
  B. media `Red Jewel'
  B. mentorensis
  B. pallens
  B. poirettii `BJG 073', `MTA'
  B. potanini
  B. Renton
  B. replicata
  B. sanguinea
  B. sargentiana
  B. sikkimensis
  B. soulieana `Claret Cascade'
  B. stenophylla
  B. stenophylla diversifolia
  B. stenophylla gracilis
  B. stenophylla irwini
  B. stenophylla nana compacta
  B. taliensis
  B. telomaica artisepala
  B. thunbergii
  B. thunbergii `Antares'
  B. thunbergii argenteo marginata
  B. thunbergii atropurpurea
  B. thunbergii atropurpurea erecta
  B. thunbergii atropurpurea erecta Marshalli
  B. thunbergii atropurpurea `Golden Ring'
  B. thunbergii atropurpurea `Intermedia'
  B. thunbergii atropurpurea `Knight Burgundy'
  B. thunbergii atropurpurea nana
  B. thunbergii atropurpurea `Redbird'
  B. thunbergii atropurpurea `Rose Glow'
  B. thunbergii aurea
  B. thunbergii `Aurea Nana'
  B. thunbergii `Bagatelle'
  B. thunbergii `Bailgreen' (Jade CarouselTM)
  B. thunbergii `Bailone'
  B. thunbergii `Bailone' (Ruby Carousel[reg])
  B. thunbergii `Bailtwo'
  B. thunbergii `Bailtwo' (Burgundy Carousel[reg])
  B. thunbergii `Bonanza Gold'
  B. thunbergii `Concorde'
  B. thunbergii `Crimson Pygmy'
  B. thunbergii `Criruzam' Crimson RubyTM
  B. thunbergii `Dwarf Jewell'
  B. thunbergii erecta
  B. thunbergii `globe'
  B. thunbergii `golden'
  B. thunbergii `Golden Pygmy'
  B. thunbergii `Green Carpet'
  B. thunbergii `Harlequin'
  B. thunbergii `Helmond Pillar'
  B. thunbergii `Kobold'
  B. thunbergii `Lime Glow'
  B. thunbergii `Lustre Green'
  B. thunbergii maximowiczi
  B. thunbergii `Midruzam' Midnight RubyTM
  B. thunbergii minor
  B. thunbergii `Monlers'
  B. thunbergii `Monomb'
  B. thunbergii `Monry'
  B. thunbergii `Painter's Palette'
  B. thunbergii `Pink Queen'
  B. thunbergii pluriflora
  B. thunbergii `Royal Burgundy'
  B. thunbergii `Royal Cloak'
  B. thunbergii `Sparkle'
  B. thunbergii `Thornless'
  B. thunbergii `Upright Jewell'
  B. thunbergii variegata
  B. thunbergii xanthocarpa
  B. thunbergiix`Bailsel' (Golden Carousel[reg])
  B. thunbergiix`Tara' (Emerald Carousel[reg])
  B. triacanthophora

[[Page 15]]

  B. triculosa
  B. verruculosa
  B. virgatorum
  B. workingensis
  B. xanthoxylon
  B.xcarminea `Pirate King'
  B.xfrikartii `Amstelveen'
    (3) All plants, seedlings, seeds, fruits, and other plant parts 
capable of propagation from the following rust-resistant Mahoberberis 
and Mahonia species, except Mahonia cuttings for decorative purposes:
    (i) Genus Mahoberberis:
  M. aqui-candidula
  M. aquifolium `Smaragd'
  M. aqui-sargentiae
  M. miethkeana
  M.x`Magic'
    (ii) Genus Mahonia:
  M. amplectens
  M. aquifolium
  M. aquifolium atropurpurea
  M. aquifolium compacta
  M. aquifolium compacta `John Muir'
  M. aquifolium `Donewell'
  M. aquifolium `Kings Ransom'
  M. aquifolium `Orangee Flame'
  M. aquifolium `Undulata'
  M. aquifolium `Winter Sun'
  M. `Arthur Menzies'
  M. bealei
  M. dictyota
  M. fortunei
  M. `Golden Abundance'
  M. japonica
  M. japonicaxM. lomariifolia `Charity'
  M. lomarifolia
  M. nervosa
  M. pinnata
  M. pinnata `Ken Hartman'
  M. piperiana
  M. pumila
  M. repens
  M.xmedia `Charity'
  M.xmedia `Winter Sun'
    (4) All plants, seeds, fruits, and other plant parts capable of 
propagation from rust-susceptible species and varieties of the genera 
Berberis, Mahoberberis, and Mahonia, and seedlings from rust-susceptible 
species and varieties of the genera Mahoberberis and Mahonia, except 
Mahonia cuttings for decorative purposes.
    (5) Any other product or article not listed in paragraphs (a)(1) 
through (a)(4) of thissection that an inspector determines presents a 
risk of spread of black stem rust. The inspectormust notify the person 
in possession of the product or article that it is subject to the 
provisions ofthis subpart.
    (b) A person may request that an additional rust-resistant variety 
be added to paragraph (a)(2) or (a)(3) of this section. The person 
requesting that a rust-resistant variety be added to paragraph (a)(2) or 
(a)(3) of this section must provide APHIS with a description of the 
variety, including a written description and color pictures that can be 
used by an inspector to clearly identify the variety and distinguish it 
from other varities.

(Approved by the Office of Management and Budget under control number 
0579-0186)

[67 FR 8179, Feb. 22, 2002]



Sec. 301.38-3  Protected areas.

    (a) The Administrator may designate as a protected area in paragraph 
(c) of this section any State that has eradicated rust-susceptible 
plants of the genera Berberis, Mahoberberis, and Mahonia under the 
cooperative Federal-State eradication program. In addition, the State 
must employ personnel with responsibility for the issuance and 
withdrawal of certificates in accordance with Sec. 301.38-5, and 
maintain and enforce an inspection program under which every plant 
nursery within the State is inspected at least once each year to ensure 
that they are free of rust-susceptible plants. During the requisite 
nursery inspections, all nursery stock shall be examined to determine 
that it consists only of rust-resistant varieties of the genera 
Berberis, Mahoberberis, and Mahonia, and that the plants are true to 
type. Plants that do not meet this criteria must be destroyed.
    (b) The Administrator may designate as a protected area any county 
within a State, rather than the entire State, if areas within the State 
have eradicated rust-susceptible plants of the genera Berberis, 
Mahoberberis, and Mahonia under the cooperative Federal-State program, 
and;
    (1) The State employs personnel with responsibility for the issuance 
and withdrawal of certificates in accordance with Sec. 301.38-5;

[[Page 16]]

    (2) The State is enforcing restrictions on the intrastate movement 
of the regulated articles that are equivalent to those imposed by this 
subpart on the interstate movement of regulated articles, as determined 
by the Administrator; and
    (3) The State maintains and enforces an inspection program under 
which every plant nursery within the county is inspected at least once 
each year to ensure that plant nurseries within that area are free of 
rust-susceptible plants of the genera Berberis, Mahoberberis, and 
Mahonia. During the requisite nursery inspections, all nursery stock 
shall be examined to determine that it consists only of rust-resistant 
varieties of the genera Berberis, Mahoberberis, and Mahonia, and that 
the plants are true to type. Plants that do not meet this criteria must 
be destroyed.
    (c) All seed used to propagate plants of the genera Berberis, 
Mahoberberis, and Mahonia in protected areas, and all seed used to 
propagate plants of the genera Berberis, Mahoberberis, and Mahonia that 
are certified as rust-resistant for interstate movement into protected 
areas, must be produced at properties where a State inspector has 
verified that no wild or domesticated rust-susceptible plants are 
growing at or within one-half mile of the property.\4\
---------------------------------------------------------------------------

    \4\ Persons performing the inspections must be able to recognize 
rust-susceptible varieties of Berberis, Mahoberberis, and Mahonia. 
Inspectors must work side by side, 10 to 20 feet apart, and walk outward 
away from the property a distance of one-half mile measured from the 
edge of the property, and observe all plants growing in the half-mile 
band. The distance between the inspectors may vary within this range, 
depending upon the visibility of the plant growth. In areas with low 
brush and flat terrain, the inspectors may be the maximum distance of 20 
feet apart if they can observe all plants growing within 10 feet of 
them. In areas of high plant growth or hilly terrain, the inspectors 
must be closer together due to limited or obstructed visibility. 
Inspectors must observe all plants growing between themselves and the 
mid-point of the distance between themselves and the next inspector. 
This process must be repeated so that the entire band, measured from the 
border of the property to the circumference of an imaginary circle 
having the property as its mid-point, is visually inspected in this 
manner.
---------------------------------------------------------------------------

    (d) The following are designated as protected areas:
    (1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, 
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
    (2) The following counties in the State of Washington: Adams, 
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, 
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, 
Stevens, Walla Walla, Whitman, Yakima.
    (e) Each State that is a protected area or that encompasses a 
protected area must submit annually to the Administrator a written 
statement, signed by an inspector, assuring APHIS that all nursery 
inspections have been performed in accordance with this section. The 
statement must be submitted by January 1st of each year, and must 
include a list of the nurseries inspected and found free of rust-
susceptible plants.
    (f) The Administrator may remove a protected area from the list of 
designated protected areas in paragraph (c) of this section if he or she 
determines that it no longer meets the criteria of paragraph (a) or 
(b)(1) through (3) of this section. A hearing will be held to resolve 
any conflict as to any material fact. Rules of practice for the hearing 
shall be adopted by the Administrator.

[54 FR 32791, Aug. 10, 1989, as amended at 55 FR 29558, July 20, 1990; 
57 FR 3118, Jan. 28, 1992]



Sec. 301.38-4  Interstate movement of regulated articles.

    (a) Non-protected areas. (1) Interstate movement of regulated 
articles into or through any State or area that is not designated a 
protected area under Sec. 301.38-3(c) is allowed without restriction 
under this subpart.
    (b) Protected areas--(1) Prohibited movement. The following 
regulated articles are prohibited from moving interstate into or through 
any protected area:
    (i) All Berberis seedlings and plants of less than 2 years' growth, 
and rust-susceptible Berberis plants, seeds, fruits,

[[Page 17]]

and other plant parts capable of propagation.
    (ii) Rust-susceptible Mahoberberis and Mahonia plants, seedlings, 
seeds, fruits, and other plant parts capable of propagation.
    (2) Restricted movement: The following regulated articles may be 
moved interstate into or through a protected area with a certificate 
issued and attached in accordance with Secs. 301.38-5 and 301.38-7 of 
this subpart:
    (i) Plants of at least two years' growth, seeds, fruits, and other 
plant parts capable of propagation of the genus Berberis that are 
designated as rust-resistant in Sec. 301.38-2(a)(2) of this subpart;
    (ii) Plants, seedlings, seeds, fruits, and other plant parts capable 
of propagation of the genera Mahoberberis and Mahonia that are 
designated as rust-resistant in Sec. 301.38-2(a)(3) of this subpart.
    (c) An inspector may issue a limited permit to allow a regulated 
article not eligible for certification under Sec. 301.38-4(b)(2) to move 
interstate into or through a protected area to a specified destination 
that is stated in the permit and is outside the protected area, if the 
requirements of all other applicable Federal domestic plant quarantines 
are met. A regulated article moved interstate under a limited permit 
must be placed in a closed sealed container that prevents unauthorized 
removal of the regulated article, and that remains sealed until the 
regulated article reaches the final destination stated in the permit. At 
the final destination, the sealed container must be opened only in the 
presence of an inspector or with the authorization of an inspector 
obtained expressly for that shipment.
    (d) The United States Department of Agriculture may move any 
regulated article interstate into or through a protected area in 
accordance with the conditions determined necessary to prevent the 
introduction or spread of black stem rust in protected areas, as 
specified in a Departmental permit issued for this purpose.

[54 FR 32791, Aug. 10, 1989, as amended at 67 FR 8180, Feb. 22, 2002]



Sec. 301.38-5  Assembly and inspection of regulated articles: issuance and cancellation of certificates.

    (a) Any person, other than a person authorized to issue certificates 
under paragraph (c) of this section, who desires to move interstate a 
regulated article that must be accompanied by a certificate under 
Sec. 301.38-4(b), shall, as far in advance of the desired interstate 
movement as possible (and no less than 48 hours before the desired 
interstate movement), request an inspector \5\ to issue a certificate. 
To expedite the issuance of a certificate, an inspector may direct that 
the regulated articles be assembled in a manner that facilitates 
inspection.
---------------------------------------------------------------------------

    \5\ Services of an inspector may be requested by contacting a local 
APHIS office (listed in telephone directories under Animal and Plant 
Health Inspection Service (APHIS), Plant Protection and Quarantine). The 
addresses and telephone numbers of local offices may also be obtained by 
writing to the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) An inspector may issue a certificate for the interstate movement 
of a regulated article if he or she:
    (1) Determines, upon examination, that the regulated article may be 
moved interstate in accordance with this subpart; and
    (2) Determines that the regulated article may be moved interstate in 
accordance with all other Federal domestic plant quarantines and 
regulations applicable to the regulated article.
    (c) Certificates for interstate movement of regulated articles may 
be issued by an inspector to a person operating under a compliance 
agreement for use with subsequent shipments of regulated articles to 
facilitate their movement. A person operating under a compliance 
agreement must make the determinations set forth in paragraph (b) of 
this section before shipping any regulated articles.
    (d) Any certificate that has been issued may be withdrawn by an 
inspector, orally or in writing, if he or she determines that the holder 
of the certificate has not complied with the conditions of this subpart 
for the use of the certificate. If the withdrawal is oral,

[[Page 18]]

the inspector will confirm the withdrawal and the reasons for the 
withdrawal, in writing, within 20 days of oral notification of the 
withdrawal. Any person whose certificate has been withdrawn may appeal 
the decision, in writing within 10 days after receiving written 
notification of the withdrawal. The appeal must state all of the facts 
and reasons upon which the person relies to show that the certificate 
was wrongfully withdrawn. A hearing will be held to resolve any conflict 
as to any material fact. An appeal shall be granted or denied, in 
writing, as promptly as circumstances allow, and the reasons for the 
decision shall be stated. In a non-protected area, appeal shall be made 
to the Administrator. The Administrator shall adopt rules of practice 
for the hearing. The certificate will remain withdrawn pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989, as amended at 59 FR 67608, Dec. 30, 1994; 
67 FR 8180, Feb. 22, 2002]



Sec. 301.38-6  Compliance agreements and cancellation.

    (a) Any State may enter into a written compliance agreement with any 
person who grows or handles regulated articles in a protected area, or 
moves interstate regulated articles from a protected area, under which 
that person agrees to comply with this subpart, to provide inspectors 
with information concerning the source of any regulated articles 
acquired each year, and to prevent the unauthorized use of certificates 
issued for future use under the compliance agreement.\6\
---------------------------------------------------------------------------

    \6\ In non-protected areas, compliance agreements may be arranged by 
contacting a local office of the Animal and Plant Health Inspection 
Service (APHIS), Plant Protection and Quarantine, or by writing to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) A compliance agreement may be cancelled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed, in writing, 
within 20 days of oral notification of the cancellation. 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. A hearing will be held to resolve any conflict as 
to any material fact. An appeal shall be granted or denied, in writing, 
as promptly as circumstances allow, and the reasons for the decision 
shall be stated. In a non-protected area, appeal shall be made to the 
Administrator. The Administrator shall adopt rules of practice for the 
hearing. The compliance agreement will remain cancelled pending decision 
of the appeal.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989, as amended at 
57 FR 3118, Jan. 28, 1992; 59 FR 67608, Dec. 30, 1994]



Sec. 301.38-7  Attachment and disposition of certificates.

    (a) The certificate required for the interstate movement of a 
regulated article must, at all times during the interstate movement, be 
attached to the outside of the container containing the regulated 
article except as follows:
    (1) The certificate may be attached to the regulated article itself 
if it is not in container; or
    (2) The certificate may be attached to the accompanying waybill or 
other shipping document if the regulated article is identified and 
described on the certificate or waybill.
    (b) The carrier must furnish the certificate to the consignee at the 
destination of the regulated article.



Sec. 301.38-8  Costs and charges.

    The services of an inspector \4\ during normal business hours, 
Monday through Friday, 8 a.m. to 4:30 p.m., will be furnished without 
cost to persons requiring the services. The United States Department of 
Agriculture will not be responsible for any other costs or charges.

[54 FR 32791, Aug. 10, 1989; 54 FR 38494, Sept. 18, 1989]

[[Page 19]]



                           Subpart--Gypsy Moth

    Source: 58 FR 39423, July 23, 1993, unless otherwise noted.



Sec. 301.45  Notice of quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Pursuant to the provisions of , sections 
411, 412, 414, 431, and 434 of the Plant Protection Act (7 U.S.C. 7711, 
7712, 7714, 7751, and 7754), the Secretary of Agriculture hereby 
quarantines the States of Connecticut, Delaware, District of Columbia, 
Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, New 
Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, 
Rhode Island, Vermont, Virginia, West Virginia, and Wisconsin in order 
to prevent the spread of the gypsy moth, Lymantria dispar (Linnaeus), a 
dangerous insect injurious to forests and shade trees and not 
theretofore widely prevalent or distributed within or throughout the 
United States; and establishes regulations governing the interstate 
movement from generally infested areas of the quarantined States of 
regulated articles and outdoor household articles defined in 
Sec. 301.45-1.
    (b) Restrictions on the interstate movement of regulated articles 
and outdoor household articles. No common carrier or other person may 
move interstate from any generally infested area any regulated article 
or outdoor household article except in accordance with the conditions 
prescribed in this subpart.

[58 FR 39423, July 23, 1993, as amended at 62 FR 29287, May 30, 1997; 63 
FR 38280, July 16, 1998; 66 FR 21050, Apr. 27, 2001; 66 FR 37114, July 
17, 2001]



Sec. 301.45-1  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:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Associated equipment. Articles associated and moved with mobile 
homes and recreational vehicles, such as, but not limited to, awnings, 
tents, outdoor furniture, trailer blocks, and trailer skirts.
    Certificate. A document issued by an inspector, or by a qualified 
certified applicator or any other person operating in accordance with a 
compliance agreement, to allow the movement of regulated articles to any 
destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and APHIS, wherein 
the former agrees to comply with the requirements of the compliance 
agreement.
    Effectively diminishing. An eradication program is considered to be 
effectively diminishing the gypsy moth population of an area if the 
results of two successive annual Federal or State delimiting trapping 
surveys of the area conducted in accordance with Section II, ``Survey 
Procedures--Gypsy Moth,'' of the Gypsy Moth Treatment Manual show that 
the average number of gypsy moths caught per trap in the second 
delimiting survey (when comparable geographical areas and trapping 
densities are used) is: (1) Less than 10, and (2) less than the average 
number of gypsy moths caught per trap in the first survey.
    Eradication program. A program that uses pesticide application, 
biological controls, or other methods with the goal of eliminating gypsy 
moth from a particular area.
    General infestation. (1) The detection of gypsy moth egg masses 
through visual inspection by an inspector during a 10-minute walk 
through the area; however, it does not include the presence of gypsy 
moth egg masses which are found as a result of hitchhiking on transitory 
means of conveyance; or
    (2) The detection of gypsy moth through multiple catches of adult 
gypsy moths at multiple trapping locations in the area over a period of 
2 or more consecutive years, if the Administrator determines, after 
consulting

[[Page 20]]

with the State plant regulatory official, that gypsy moth is established 
in the area.
    Generally infested area. Any State, or portion thereof, listed as a 
generally infested area in Sec. 301.45-3 or temporarily designated as a 
generally infested area in accordance with Sec. 301.45-2(c).
    Gypsy moth. The live insect known as the gypsy moth, Lymantria 
dispar (Linnaeus), in any life stage (egg, larva, pupa, adult).
    Inspector. Any employee of APHIS, a State government, or any other 
person, authorized by the Administrator in accordance with law to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector to allow the 
interstate movement of regulated articles to a specified destination.
    Mobile home. Any vehicle, other than a recreational vehicle, 
designed to serve, when parked, as a dwelling or place of business.
    Move (movement, moved). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``moved'' shall be construed in accordance with this 
definition.
    Outdoor household articles. Articles associated with a household 
that have been kept outside the home such as awnings, barbecue grills, 
bicycles, boats, dog houses, firewood, garden tools, hauling trailers, 
outdoor furniture and toys, recreational vehicles and associated 
equipment, and tents.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Qualified certified applicator. Any individual (1) certified 
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) (86 Stat. 983; 7 U.S.C. 136b) as a certified commercial 
applicator in a category allowing use of the restricted pesticides Spray 
N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration No. 
45639-1), and acephate (Orthene[reg]); (2) who has attended and 
completed a workshop approved by the Administrator on the identification 
and treatment of gypsy moth life stages on outdoor household articles 
and mobile homes; and (3) who has entered into a compliance agreement in 
accordance with Sec. 301.45-6 of this part for the purpose of 
inspecting, treating, and issuing certificates for the movement of 
outdoor household articles and mobile homes.\1\
---------------------------------------------------------------------------

    \1\ Names of qualified certified applicators and plant regulatory 
officials for the States and Territories of the United States are 
available upon request from the regional offices of the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, or from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    Recreational vehicles. Highway vehicles, including pickup truck 
campers, one-piece motor homes, and travel trailers, designed to serve 
as temporary places of dwelling.
    Regulated articles. (1) Trees without roots (e.g., Christmas trees), 
trees with roots, and shrubs with roots and persistent woody stems, 
unless they are greenhouse grown throughout the year.
    (2) Logs, pulpwood, and wood chips.
    (3) Mobile homes and associated equipment.
    (4) Any other products, articles, or means of conveyance, of any 
character whatsoever, when it is determined by an inspector that any 
life stage of gypsy moth is in proximity to such articles and the 
articles present a high risk of artificial spread of gypsy moth 
infestation and the person in possession thereof has been so notified.
    State. Any State, Territory, or District of the United States 
including Puerto Rico.
    Treatment manual. The provisions currently contained in the Gypsy 
Moth

[[Page 21]]

Program Manual \2\ and the Plant Protection and Quarantine Treatment 
Manual. \3\
---------------------------------------------------------------------------

    \2\ Pamphlets containing such provisions are available upon request 
to the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236. Relevant portions of the Gypsy Moth 
Program Manual are published as an appendix to these regulations.
    \3\ The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference at Sec. 300.1 of this chapter.
---------------------------------------------------------------------------

    Under the direction of. Monitoring treatments to assure compliance 
with the requirements in this subpart.
    Under the direct supervision of a qualified certified applicator. An 
inspection or treatment is considered to be applied under the direct 
supervision of a qualified certified applicator if the inspection or 
treatment is performed by a person acting under the instructions of a 
qualified certified applicator who is available if and when needed, even 
though such qualified certified applicator is not physically present at 
the time and place the inspection or treatment occurred.

[58 FR 39423, July 23, 1993, as amended at 59 FR 67608, Dec. 30, 1994; 
67 FR 8464, Feb. 25, 2002]



Sec. 301.45-2  Authorization to designate and terminate designation of generally infested areas.

    (a) Generally infested areas. The Administrator shall list as 
generally infested areas in Sec. 301.45-3 each State or each portion 
thereof in which a gypsy moth general infestation has been found by an 
inspector, or each portion of a State which the Administrator deems 
necessary to regulate because of its proximity to infestation or its 
inseparability for quarantine enforcement purposes from infested 
localities; Except that, an area shall not be listed as a generally 
infested area if the Administrator has determined that:
    (1) The area is subject to a gypsy moth eradication program 
conducted by the Federal government or a State government in accordance 
with the Integrated Pest Management (IPM) alternative of the Final 
Environmental Impact Statement (FEIS) on Gypsy Moth Suppression and 
Eradication Projects that was filed with the United States Environmental 
Protection Agency on March 18, 1985; and
    (2) State or Federal delimiting trapping surveys conducted in 
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the 
Gypsy Moth Treatment Manual show that the average number of gypsy moths 
caught per trap is less than 10 and that the trapping surveys show that 
the eradication program is effectively diminishing the gypsy moth 
population of the area.
    (b) Less than an entire State will be designated as a generally 
infested area only if the Administrator has determined that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and,
    (2) The designation of less than the entire State as a generally 
infested area will be adequate to prevent the artificial interstate 
spread of infestations of the gypsy moth.
    (c) Temporary designation of areas as generally infested areas. The 
Administrator or an inspector may temporarily designate any area in any 
State as a generally infested area in accordance with the criteria 
specified in paragraph (a) of this section. An inspector will give 
written notice of the designation to the owner or person in possession 
of the area and thereafter, the interstate movement of any regulated 
article from such areas is subject to the applicable provisions of this 
subpart. As soon as practicable, each generally infested area will be 
added to the list in Sec. 301.45-3 or the designation will be terminated 
by the Administrator or an authorized inspector, and notice thereof 
shall be given to the owner or person in possession of the areas.
    (d) Termination of designation as a generally infested area. The 
Administrator shall terminate the designation of any area as a generally 
infested area whenever the Administrator determines that the area no 
longer requires designation under the criteria specified in paragraph 
(a) of this section.

[[Page 22]]



Sec. 301.45-3  Generally infested areas.

    (a) The areas described below are designated as generally infested 
areas:

                               Connecticut

    The entire State.

                                Delaware

    The entire State.

                          District of Columbia

    The entire district.

                                Illinois

    Lake County. The entire county.

                                 Indiana

    Allen County. The entire county.
    De Kalb County. The entire county.
    Elkhart County. The entire county.
    LaGrange County. The entire county.
    Noble County. The entire county.
    Porter County. The entire county.
    Steuben County. The entire county.

                                  Maine

    Androscoggin County. The entire county.
    Aroostook County. The townships of Bancroft, Benedicta, Crystal, 
Island Falls, Macwahoc Plantation, Molunkus, North Yarmouth Academy 
Grant, Reed Plantation, Sherman, Silver Ridge, Upper Molunkus, Weston, 
and 1 R5 WELS.
    Cumberland County. The entire county.
    Franklin County. The townships of Avon, Carthage, Chesterville, 
Coplin Plantation, Crockertown, Dallas Plantation, Davis, Lang, 
Farmington, Freeman, Industry, Jay, Jerusalem, Kingfield, Madrid, Mount 
Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley 
Plantation, Redington, Salem, Sandy River Plantation, Strong, Temple, 
Washington, Weld, Wilton, Wyman, 6, D and E.
    Hancock County. The entire county.
    Kennebec County. The entire county.
    Knox County. The entire county.
    Lincoln County. The entire county.
    Oxford County. The townships of Adamstown, Albany, Andover, Andover 
North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, 
Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, 
Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower 
Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton 
Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, 
Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, 
Upton, Waterford, Woodstock, C, and C Surplus.
    Penobscot County. The townships of Alton, Argyle, Bangor City, 
Bradford, Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, 
Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, Drew 
Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, Exeter, 
Garland, Glenburn, Grand Falls Plantation, Greenbush, Greenfield, 
Grindstone, Hampden, Hermon, Hersey Town, Holden, Hopkins Academy Grant, 
Howland, Hudson, Indian Purchase, Kenduskeag, Kingman, Lagrange, 
Lakeville, Lee, Levant, Lincoln, Long A, Lowell, Mattamiscontis, 
Mattawamkeag, Maxfield, Medway, Milford, Millinocket, Newburgh, Newport, 
Old Town City, Orono, Orrington, Passadumkeag, Plymouth, Prentiss 
Plantation, Seboesis Plantation, Soldiertown, Springfield, Stacyville, 
Stetson, Summit, Veazie, Webster Plantation, Winn, Woodville, AR 7, AR 
8, AR 9, 1 ND, 3 R1 NBPP, 1 R6 WELS, 1 R8 WELS, 2 R8 NWP, 2 R9 NWP, 3 R9 
NWP, 5 R1 NBPP, and 2 R8 WELS.
    Piscataquis County. The townships of Abbott, Atkinson, Barnard, 
Blanchard Plantation, Bowerbank, Brownville, Dover-Foxcroft, Guilford, 
Kingsbury Plantation, Lakeview Plantation, Medford, Milo, Monson, 
Orneville, Parkman, Sangerville, Sebec, Williamsburg, Willimantic, 
Willington, 1 R9, 2 R9 WELS, 4 R9 NWP, and 5 R9 NWP.
    Sagadahoc County. The entire county.
    Somerset County. The townships of Anson, Athens, Bald Mountain, 
Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, Caratunk, 
Carrying Place, Carrying Place Town, Concord Plantation, Cornville, Dead 
River, Detroit, Embden, Fairfield, Harmony, Hartland, Highland 
Plantation, Lexington Plantation, Madison, Mayfield,

[[Page 23]]

Mercer, Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, 
Pittsfield, Pleasant Ridge Plantation, Ripley, Skowhegan, Smithfield, 
Solon, St. Albans, Starks, The Forks Plantation, and West Forks 
Plantation.
    Waldo County. The entire county.
    Washington County. The entire county.
    York County. The entire county.

                                Maryland

    The entire State.

                              Massachusetts

    The entire State.

                                Michigan

    The entire State.

                              New Hampshire

    The entire State.

                               New Jersey

    The entire State.

                                New York

    The entire State.

                             North Carolina

    Currituck County. The entire county.
    Dare County. The area bounded by a line beginning at the 
intersection of State Road 1208 and Roanoke Sound; then easterly along 
this road to its junction with State Road 1206; then southerly along 
this road to its intersection with U.S. Highway Business 158; then 
easterly along an imaginary line to its intersection with the Atlantic 
Ocean; then northwesterly along the coastline to its intersection with 
the Dare-Currituck County line; then westerly along this county line to 
its intersection with the Currituck Sound; then southeasterly along this 
sound to the point of beginning.

                                  Ohio

    Ashland County. The entire county.
    Ashtabula County. The entire county.
    Belmont County. The entire county.
    Carroll County. The entire county.
    Columbiana County. The entire county.
    Coshocton County. The entire county.
    Cuyahoga County. The entire county.
    Defiance County. The entire county.
    Erie County. The entire county.
    Fairfield County. The entire county.
    Fulton County. The entire county.
    Geauga County. The entire county.
    Guernsey County. The entire county.
    Harrison County. The entire county.
    Henry County. The entire county.
    Holmes County. The entire county.
    Huron County. The entire county.
    Jefferson County. The entire county.
    Knox County. The entire county.
    Lake County. The entire county.
    Licking County. The entire county.
    Lorain County. The entire county.
    Lucas County. The entire county.
    Mahoning County. The entire county.
    Medina County. The entire county.
    Monroe County. The entire county.
    Morgan County. The entire county.
    Muskingum County. The entire county.
    Noble County. The entire county.
    Ottawa County. The entire county.
    Perry County. The entire county.
    Portage County. The entire county.
    Richland County. The entire county.
    Sandusky County. The entire county.
    Stark County. The entire county.
    Summit County. The entire county.
    Trumbull County. The entire county.
    Tuscarawas County. The entire county.
    Washington County. The entire county.
    Wayne County. The entire county.
    Williams County. The entire county.
    Wood County. The entire county.

                              Pennsylvania

    The entire State.

                              Rhode Island

    The entire State.

                                 Vermont

    The entire State.

                                Virginia

    City of Alexandria. The entire city.
    City of Bedford. The entire city.
    City of Buena Vista. The entire city.
    City of Charlottesville. The entire city.
    City of Chesapeake. The entire city.
    City of Colonial Heights. The entire city.
    City of Danville. The entire city.
    City of Emporia. The entire city.

[[Page 24]]

    City of Fairfax. The entire city.
    City of Falls Church. The entire city.
    City of Franklin. The entire city.
    City of Fredericksburg. The entire city.
    City of Hampton. The entire city.
    City of Harrisonburg. The entire city.
    City of Hopewell. The entire city.
    City of Lexington. The entire city.
    City of Lynchburg. The entire city.
    City of Manassas. The entire city.
    City of Manassas Park. The entire city.
    City of Newport News. The entire city.
    City of Norfolk. The entire city.
    City of Petersburg. The entire city.
    City of Poquoson. The entire city.
    City of Portsmouth. The entire city.
    City of Richmond. The entire city.
    City of South Boston. The entire city.
    City of Staunton. The entire city.
    City of Suffolk. The entire city.
    City of Virginia Beach. The entire city.
    City of Waynesboro. The entire city.
    City of Williamsburg. The entire city.
    City of Winchester. The entire city.
    Accomack County. The entire county.
    Albemarle County. The entire county.
    Alleghany County. The entire county.
    Amelia County. The entire county.
    Amherst County. The entire county.
    Appomattox County. The entire county.
    Arlington County. The entire county.
    Augusta County. The entire county.
    Bath County. The entire county.
    Bedford County. The entire county.
    Botetourt County. The entire county.
    Brunswick County. The entire county.
    Buckingham County. The entire county.
    Campbell County. The entire county.
    Caroline County. The entire county.
    Charles City County. The entire county.
    Charlotte County. The entire county.
    Chesterfield County. The entire county.
    Clarke County. The entire county.
    Culpeper County. The entire county.
    Cumberland County. The entire county.
    Dinwiddie County. The entire county.
    Essex County. The entire county.
    Fairfax County. The entire county.
    Fauquier County. The entire county.
    Fluvanna County. The entire county.
    Frederick County. The entire county.
    Gloucester County. The entire county.
    Goochland County. The entire county.
    Greene County. The entire county.
    Greensville County. The entire county.
    Halifax County The entire county.
    Hanover County. The entire county.
    Henrico County. The entire county.
    Highland County. The entire county.
    Isle of Wight County. The entire county.
    James City County. The entire county.
    King and Queen County. The entire county.
    King George County. The entire county.
    King William County. The entire county.
    Lancaster County. The entire county.
    Loudoun County. The entire county.
    Louisa County. The entire county.
    Lunenburg County. The entire county.
    Madison County. The entire county.
    Mathews County. The entire county.
    Mecklenburg County The entire county.
    Middlesex County. The entire county.
    Nelson County. The entire county.
    New Kent County. The entire county.
    Northampton County. The entire county.
    Northumberland County. The entire county.
    Nottoway County. The entire county.
    Orange County. The entire county.
    Page County. The entire county.
    Pittsylvania County. The entire county.
    Powhatan County. The entire county.
    Prince Edward County. The entire county.
    Prince George County. The entire county.
    Prince William County. The entire county.
    Rappahannock County. The entire county.
    Richmond County. The entire county.
    Rockbridge County. The entire county.
    Rockingham County. The entire county.
    Shenandoah County. The entire county.
    Southampton County. The entire county.
    Spotsylvania County. The entire county.
    Stafford County. The entire county.
    Surry County. The entire county.
    Sussex County. The entire county.

[[Page 25]]

    Warren County. The entire county.
    Westmoreland County. The entire county.
    York County. The entire county.

                              West Virginia

    Barbour County. The entire county.
    Berkeley County. The entire county.
    Braxton County. The entire county.
    Brooke County. The entire county.
    Calhoun County. The entire county.
    Doddridge County. The entire county.
    Gilmer County. The entire county.
    Grant County. The entire county.
    Greenbrier County. The entire county.
    Hampshire County. The entire county.
    Harrison County. The entire county.
    Hancock County. The entire county.
    Hardy County. The entire county.
    Jefferson County. The entire county.
    Lewis County. The entire county.
    Marion County. The entire county.
    Marshall County. The entire county.
    Mineral County. The entire county.
    Monongalia County. The entire county.
    Morgan County. The entire county.
    Nicholas County. The entire county.
    Ohio County. The entire county.
    Pendleton County. The entire county.
    Pleasants County. The entire county.
    Pocahontas County. The entire county.
    Preston County. The entire county.
    Randolph County. The entire county.
    Ritchie County. The entire county.
    Taylor County. The entire county.
    Tucker County. The entire county.
    Tyler County. The entire county.
    Upshur County. The entire county.
    Webster County. The entire county.
    Wetzel County. The entire county.
    Wirt County. The entire county.
    Wood County. The entire county.

                                Wisconsin

    Brown County. The entire county.
    Calumet County. The entire county.
    Columbia County. The entire county.
    Dodge County. The entire county.
    Door County. The entire county.
    Florence County. The entire county.
    Fond du Lac County. The entire county.
    Forest County. The entire county.
    Green Lake County. The entire county.
    Jefferson County. The entire county.
    Kenosha County. The entire county.
    Kewaunee County. The entire county.
    Langlade County. The entire county.
    Manitowoc County. The entire county.
    Marinette County. The entire county.
    Menominee County. The entire county.
    Milwaukee County. The entire county.
    Oconto County. The entire county.
    Outagamie County. The entire county.
    Ozaukee County. The entire county.
    Portage County. The entire county.
    Racine County. The entire county.
    Rock County. The entire county.
    Shawano County. The entire county.
    Sheboygan County. The entire county.
    Walworth County. The entire county.
    Washington County. The entire county.
    Waukesha County. The entire county.
    Waupaca County. The entire county.
    Waushara County. The entire county.
    Winnebago County. The entire county.
    Wood County. The entire county.

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994; 
62 FR 29287, May 30, 1997; 62 FR 36646, July 9, 1997; 63 FR 25748, May 
11, 1998; 63 FR 38280, July 16, 1998; 64 FR 40510, July 27, 1999; 66 FR 
37114, July 17, 2001; 67 FR 41810, June 20, 2002]



Sec. 301.45-4  Conditions governing the interstate movement of regulated articles and outdoor household articles from generally infested areas.

    (a) Regulated articles and outdoor household articles from generally 
infested areas. (1) A regulated article, except for an article moved in 
accordance with paragraph (c) of this section, shall not be moved 
interstate from any generally infested area into or through any area 
that is not generally infested unless a certificate or permit has been 
issued and attached to such regulated article in accordance with 
Secs. 301.45-5 and 301.45-8.4
---------------------------------------------------------------------------

    \4\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (2) An outdoor household article shall not be moved interstate from 
any generally infested area into or through any area that is not 
generally infested unless a certificate or OHA document has been issued 
and attached to such outdoor household article in accordance with 
Secs. 301.45-5 and 301.45-8.
    (b) A regulated article originating outside of any generally 
infested area

[[Page 26]]

may be moved interstate directly through any generally infested area 
without a certificate or permit if the point of origin of the article is 
clearly indicated by shipping documents, its identity has been 
maintained, and it has been safeguarded against infestation while in any 
generally infested area during the months of April through June. To be 
safeguarded, the article must be in an enclosed vehicle, or completely 
enclosed by a covering adequate to prevent access by gypsy moths, such 
as canvas, plastic, or closely woven cloth.
    (c) A regulated article originating in a generally infested area may 
be moved interstate from a generally infested area without a certificate 
if it complies with (1) or (2) of this paragraph:
    (1) The article is moved by the U.S. Department of Agriculture for 
experimental or scientific purposes, and:
    (i) Is moved pursuant to a permit issued for each article by the 
Administrator;
    (ii) Is moved in accordance with conditions specified on the permit 
and found by the Administrator to be adequate to prevent the 
dissemination of the gypsy moth, i.e., conditions of treatment, 
processing, shipment, and disposal; and
    (iii) Is moved with a 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 permit number corresponding to the number of the permit issued for 
such article.
    (2) The article is logs, pulpwood, or wood chips, and the person 
moving the article has attached a signed accurate statement to the 
waybill or other shipping documents accompanying the article stating 
that he or she has inspected the article in accordance with the Gypsy 
Moth Program Manual no more than 5 days prior to the date of movement 
and has found no life stages of gypsy moth on the article.



Sec. 301.45-5  Issuance and cancellation of certificates, limited permits, and outdoor household article documents.

    (a) A certificate may be issued by an inspector for the movement of 
a regulated article or an outdoor household article (OHA) if the 
inspector determines that it is eligible for certification for movement 
to any destination under all Federal domestic plant quarantines 
applicable to such article and:
    (1) It has originated in noninfested premises in a generally 
infested area and has not been exposed to the gypsy moth while within 
the generally infested area; or
    (2) The inspector inspects the article no more than 5 days prior to 
the date of movement during the months of April through August (14 days 
prior to the date of movement from September through March) and finds it 
to be free of the gypsy moth; or
    (3) It has been treated under the direction of an inspector to 
destroy the gypsy moth in accordance with the treatment manual; or
    (4) It has been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby as 
determined by an inspector.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of any regulated article under this subpart to 
specified destinations for specified handling, utilization, processing, 
or treatment in accordance with the treatment manual, when, upon 
evaluation of all of the circumstances involved in each case, the 
Administrator determines that such movement will not result in the 
spread of the gypsy moth because life stages of the moths will be 
destroyed by such specified handling, utilization, processing or 
treatment, or the pest will not survive in areas to which shipped, and 
the requirements of all other applicable Federal domestic plant 
quarantines have been met.
    (c) Certificate and limited permit forms may be issued by an 
inspector to any person for use for subsequent shipments of regulated 
articles provided the person is operating under a compliance agreement. 
Any person operating under a compliance agreement may reproduce the 
forms as needed to attach them to regulated articles moved under a 
compliance agreement. Any person

[[Page 27]]

operating under a compliance agreement may execute and issue the 
certificate forms or reproduction of such forms, for the interstate 
movement of regulated articles from the premises of such person 
identified in the compliance agreement, if the person has treated such 
regulated articles as specified in the compliance agreement, and if the 
regulated articles are eligible for certification for movement to any 
destination under all applicable Federal domestic plant quarantines. Any 
person operating under a compliance agreement may execute and issue the 
limited permit forms, or reproductions of such forms, for the interstate 
movement of regulated articles to specified destinations when an 
inspector has made the determinations specified in paragraph (b) of this 
section.
    (d) A certificate may be issued by a qualified certified applicator 
for the interstate movement of any outdoor household article or mobile 
home if such qualified certified applicator determines the following:
    (1) That the article has been inspected by the qualified certified 
applicator and found to be free of any life stage of the gypsy moth; or
    (2) That the article has been treated by, or treated under the 
direct supervision of, the qualified certified applicator to destroy any 
life stage of the gypsy moth in accordance with methods and procedures 
prescribed in section III of the Gypsy Moth Program Manual.
    (e) An OHA document may be issued by the owner of an outdoor 
household article for the interstate movement of the article if such 
person has inspected the outdoor household article and has found it to 
be free of any life stage of gypsy moth.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by an inspector if he determines that the holder 
thereof has not complied with any condition for the use of such 
document. The reasons for the withdrawal shall be confirmed in writing 
as promptly as circumstances permit. Any person whose certificate or 
permit has been withdrawn may appeal the decision in writing to the 
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 certificate or 
permit was wrongfully withdrawn. The Administrator shall grant or deny 
the appeal, in writing, stating the reasons for his 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. Rules of practice 
concerning such a hearing will be adopted by the Administrator.

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

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Qualified 
certified applicators must enter into compliance agreements, in 
accordance with the definition of qualified certified applicator in 
Sec. 301.45-1. A compliance agreement shall specify safeguards necessary 
to prevent spread of the gypsy moth, such as disinfestation practices or 
application of chemical materials in accordance with the treatment 
manual. 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 such person has failed to comply with the 
conditions of the agreement. If the cancellation is oral, the decision 
and the reasons therefore 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 
ten (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 such

[[Page 28]]

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. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.

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

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-7  Assembly and inspection of regulated articles and outdoor household articles.

    Persons (other than those authorized to use certificates or limited 
permits, or reproductions thereof, under Sec. 301.45-5(c)) who desire to 
move interstate a regulated article which must be accompanied by a 
certificate or permit shall, at least 7 days before the desired 
movement, request an inspector to examine the article prior to movement. 
Persons who desire to move interstate an outdoor household article 
accompanied by a certificate issued in accordance with Sec. 301.45-5 
shall, at least 14 days before the desired movement, request an 
inspector to examine the article prior to movement. Persons who desire 
to move interstate an outdoor household article or a mobile home 
accompanied by a certificate issued by a qualified certified applicator 
in accordance with Sec. 301.45-5(d) shall request a qualified certified 
applicator to examine the article prior to movement. Such articles shall 
be assembled at such point and in such manner as the inspector or 
qualified certified applicator designates to facilitate inspection.



Sec. 301.45-8  Attachment and disposition of certificates, limited permits, and outdoor household article documents.

    (a) A certificate, limited permit, or OHA document required for the 
interstate movement of a regulated article or outdoor household article 
must at all times during such movement be securely attached to the 
outside of the container containing the regulated article or outdoor 
household article, securely attached to the article itself if not in a 
container, or securely attached to the consignee's copy of the waybill 
or other shipping document: Provided, however, That the requirements of 
this section may be met by attaching the certificate, limited permit, or 
OHA document to the consignee's copy of the waybill or other shipping 
document only if the regulated article or outdoor household article is 
sufficiently described on the certificate, limited permit, OHA document 
or shipping document to identify such article.
    (b) The certificate, limited permit, or OHA document for the 
movement of a regulated article or outdoor household article shall be 
furnished by the carrier to the consignee at the destination of the 
shipment.
    (c) Any qualified certified applicator who issues a certificate or 
OHA document shall at the time of issuance send a copy of the 
certificate or OHA document to the APHIS officer in charge for the State 
in which the document is issued.

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

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



Sec. 301.45-9  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles, outdoor household articles, and gypsy moths as 
provided in sections 414, 421, and 434 of the Plant Protection Act (7 
U.S.C. 7714, 7731, and 7754).

[58 FR 39423, July 23, 1993, as amended at 66 FR 21050, Apr. 27, 2001]



Sec. 301.45-10  Movement of live gypsy moths.

    Regulations requiring a permit for, and otherwise governing the 
movement of, live gypsy moths in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter.



Sec. 301.45-11  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and

[[Page 29]]

regulations in this subpart, other than for the services of the 
inspector.



Sec. 301.45-12  Disqualification of qualified certified applicator to issue certificates.

    (a) Any qualified certified applicator may be disqualified from 
issuing certificates by the Administrator if he determines that one of 
the following has occurred:
    (1) Such person is not certified by a State and/or Federal 
Government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (86 Stat. 983; 7 
U.S.C. 136b) in a category allowing use of the restricted pesticides 
Spray N Kill (EPA Registration No. 8730-30), Ficam W (EPA Registration 
No. 45639-1), and acephate (Orthene[reg]); or
    (2) Noncompliance with any of the provisions of this subpart; or,
    (3) Failure to attend and complete, each time such person is 
recertified as a certified commercial applicator under FIFRA, a workshop 
approved by the Administrator on the identification and treatment of 
life stages of gypsy moth on outdoor household articles and mobile 
homes.
    (b) The disqualification is effective upon oral or written 
notification, whichever is earlier. The reasons for the disqualification 
shall be confirmed in writing as promptly as circumstances permit, 
unless contained in the written notification. Any qualified certified 
applicator who is disqualified from issuing certificates may appeal the 
decision in writing to the Administrator within ten (10) days after 
receiving written notification of the disqualification. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the disqualification was a wrongful action. The Administrator shall 
grant or deny the appeal, in writing, stating the reasons for his 
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. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.

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

[58 FR 39423, July 23, 1993, as amended at 59 FR 46902, Sept. 13, 1994]



                        Subpart--Japanese Beetle

    Source: 44 FR 24035, Apr. 24, 1979, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.48  Notice of quarantine; quarantine restrictions on interstate movement of regulated articles.

    (a) Pursuant to the provisions of sections 411, 412, 414, 431, and 
434 of the Plant Protection Act ( 7 U.S.C. 7711, 7712, 7714, 7751, and 
7754), the Secretary of Agriculture heretofore determined after public 
hearing to quarantine the States of Alabama, Connecticut, Delaware, 
Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, 
Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, 
North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, 
Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District 
of Columbia in order to prevent the spread of the Japanese beetle, a 
dangerous insect injurious to cultivated crops and not theretofore 
widely prevalent or distributed within or throughout the United States.
    (b) No person shall move any regulated article interstate from any 
regulated airport destined to any of the following States except in 
accordance with the conditions prescribed in this subpart: Arizona, 
California, Idaho, Nevada, Oregon, Utah, and Washington.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996; 
66 FR 21050, Apr. 27, 2001]



Sec. 301.48-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart shall be construed, respectively, to 
mean:

[[Page 30]]

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any person authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
moving regulated articles interstate, in which the person agrees to 
comply with the provisions of this subpart.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person, authorized by 
the Administrator to enforce the provisions of the quarantine and 
regulations in this subpart.
    Interstate. From any State into or through any other State.
    Japanese beetle. The live insect known as the Japanese beetle 
(Popillia japonica Newm.) in any stage of development (egg, larva, pupa, 
or adult).
    Person. Any individual, corporation, company, partnership, society, 
or association, or other organized group of any of the foregoing.
    Regulated airport. Any airport or portions of an airport in a 
quarantined State declared regulated in accordance with provisions in 
Sec. 301.48-2 of this subpart.
    Regulated articles. Aircraft at or from regulated airports.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    State Plant Regulatory Official. The authorized official of a State 
who has responsibility for the operation of the State plant regulatory 
program.
    Treatment Manual. The Plant Protection and Quarantine Treatment 
Manual, which is incorporated by reference at Sec. 300.1 of this 
chapter.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-2  Authorization to designate, and terminate designation of, regulated airports.

    (a) An inspector may declare any airport within a quarantined State 
to be a regulated airport when he or she determines that adult 
populations of Japanese beetle exist during daylight hours at the 
airport to the degree that aircraft constitute a threat to spread the 
Japanese beetle and aircraft destined for the States listed in 
Sec. 301.48(b) may be leaving the airport.
    (b) An inspector shall terminate the designation provided for under 
paragraph (a) of this section when he or she determines that adult 
populations of Japanese beetle no longer exist at the airport to the 
degree that the aircraft pose a threat to spread the Japanese beetle.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-3  Notification of designation, and termination of designation, of regulated airports.

    Upon designating, or terminating the designation of, an airport as 
regulated, the inspector shall give written notice to the official in 
charge of the airport that the airport has been designated as a 
regulated airport or that the designation has been terminated. The 
inspector shall also give the same information in writing to the 
official at the airport in charge of each airline or the operator of any 
other aircraft, which will move a regulated article to any State 
designated in Sec. 301.48(b). The Administrator shall also give the same 
information to the State Plant Regulatory Official of each State 
designated in Sec. 301.48(b) to which any regulated article will move.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996]



Sec. 301.48-4  Conditions governing the interstate movement of regulated articles from quarantined States.

    A regulated article may be moved interstate from a regulated airport 
to any State \1\ designated in Sec. 301.48(b) only if:
---------------------------------------------------------------------------

    \1\ Requirements under all other applicable Federal domestic plant 
quarantines must be met.
---------------------------------------------------------------------------

    (a) An inspector, upon visual inspection of the airport and/or the 
aircraft, determines that the regulated article does not present a 
threat to spread the Japanese beetle because adult beetle populations 
are not present; or

[[Page 31]]

    (b) The aircraft is opened and loaded only while it is enclosed 
inside a hangar that an inspector has determined to be free of and 
safeguarded against Japanese beetle; or
    (c) The aircraft is loaded during the hours of 8:00 p.m. to 7:00 
a.m. only or lands and departs during those hours and, in either 
situation, is kept completely closed while on the ground during the 
hours of 7:00 a.m. to 8:00 p.m.; or
    (d) If opened and loaded between the hours of 7:00 a.m. to 8:00 
p.m., the aircraft is inspected, treated, and safeguarded. Inspection, 
treatment, and safeguarding must be done either under a compliance 
agreement in accordance with Sec. 301.48-8 or under the direct 
supervision of an inspector. On a case-by-case basis, inspectors will 
determine which of the following conditions, and any supplemental 
conditions deemed necessary by the Administrator to prevent the spread 
of Japanese beetle, are required:
    (1) All openings of the aircraft must be closed or safeguarded 
during the hours of 7:00 a.m. to 8:00 p.m. by exclusionary devices or by 
other means approved by the Administrator.
    (2) All cargo containers that have not been safeguarded in a 
protected area must be inspected immediately prior to and during the 
loading process. All personnel must check their clothing immediately 
prior to entering the aircraft. All Japanese beetles found must be 
removed and destroyed.
    (3) All areas around doors and hatches or other openings in the 
aircraft must be inspected prior to removing the exclusionary devices. 
All Japanese beetles found must be removed and destroyed. All doors and 
hatches must be closed immediately after the exclusionary devices are 
moved away from the aircraft.
    (4) Aircraft must be treated in accordance with the Treatment Manual 
no more than 1 hour before loading. Particular attention should be paid 
to the ball mat area and the holes around the main entrance. The 
aircraft must then be aerated under safeguard conditions as required by 
the Treatment Manual.
    (5) Aircraft treatment records must be maintained by the applicator 
completing or supervising the treatment for a period of 2 years. These 
records must be provided upon request for review by an inspector. 
Treatment records shall include the pesticide used, the date of 
application, the location where the pesticide was applied (airport and 
aircraft), the amount of pesticide applied, and the name of the 
applicator.
    (6) When a designated aircraft is replaced with an alternate one 
just prior to departure (the procedure known as ``tail swapping''), the 
alternate aircraft must be inspected and all Japanese beetles must be 
removed. The aircraft must be safeguarded by closing all openings and 
hatches or by equipping the aircraft with exclusionary devices until the 
aircraft is ready for use. During loading, all treatment and safeguard 
requirements applicable to regularly scheduled aircraft must be 
implemented.
    (7) Aircraft may be retreated in the noninfested State if live 
Japanese beetles are found.
    (8) Notification of unscheduled commercial flights and of all 
military flights must be given at least 1 hour before departure to the 
appropriate person in the destination airport of any of the States 
listed in Sec. 301.48(b). Notification of arriving military flights 
should also be given to base commanders to facilitate the entrance of 
Federal and/or State inspectors onto the base if necessary.

[61 FR 32640, June 25, 1996, as amended at 61 FR 56404, Nov. 1, 1996]



Sec. 301.48-5  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of or require disposal of 
regulated articles and Japanese beetles as provided in sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754) 
in accordance with instructions issued by the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996; 
66 FR 21051, Apr. 27, 2001]

[[Page 32]]



Sec. 301.48-6  Movement of live Japanese beetles.

    Regulations requiring a permit for and otherwise governing the 
movement of live Japanese beetles in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Administrator.

[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32641, June 25, 1996]



Sec. 301.48-7  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart other than for the services 
of the inspector.



Sec. 301.48-8  Compliance agreements and cancellation.

    (a) Any person engaged in the business of moving regulated articles 
may enter into a compliance agreement to facilitate the movement of such 
articles under this subpart. Any person who enters into a compliance 
agreement, and employees or agents of that person, must allow an 
inspector access to all records regarding treatment of aircraft and to 
all areas where loading, unloading, and treatment of aircraft occurs.
    (b) A compliance agreement may be canceled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed in writing within 
20 days of oral notification. 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 must state all of the facts and reasons upon which the person 
relies to show that the compliance agreement was wrongfully canceled. A 
hearing will be held to resolve any conflict as to any material fact. 
The Administrator shall adopt rules of practice for the hearing. An 
appeal shall be granted or denied, in writing, as promptly as 
circumstances allow, and the reasons for the decision shall be stated. 
The compliance agreement will remain canceled pending the decision on 
the appeal.

[61 FR 32641, June 25, 1996]



                       Subpart--Pine Shoot Beetle

    Source: 57 FR 54496, Nov. 19, 1992, unless otherwise noted.



Sec. 301.50  Restrictions on interstate movement of regulated articles.

    Regulated articles may be moved interstate from any quarantined area 
only in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance; and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 66 
FR 21051, Apr. 27, 2001]



Sec. 301.50-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector, or person operating 
under a compliance agreement, affirms that a specified regulated article 
is free of pine shoot beetle and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart.
    Infestation. The presence of the pine shoot beetle or the existence 
of circumstances that make it reasonable to believe that the pine shoot 
beetle is present.

[[Page 33]]

    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual, authorized by the Administrator to enforce 
this subpart.
    Interstate. From any State into or through any other State.
    Limited permit (permit). A document in which an inspector, or person 
operating under a compliance agreement, affirms that the regulated 
article identified on the document is eligible for interstate movement 
in accordance with Sec. 301.50-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Pine nursery stock. All Pinus spp. woody plants, shrubs, and rooted 
trees, including dug (balled and burlaped) Christmas trees, and 
ornamental pine, such as bonsai.
    Pine shoot beetle. The insect known as pine shoot beetle, Tomicus 
piniperda (Linnaeus), in any stage of development.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.50-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.50-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.50-2 (a) or (b) of 
this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.50-2(c) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993]



Sec. 301.50-2  Regulated articles.

    The following are regulated articles:
    (a) Pine products (Pinus spp.), as follows: Bark nuggets (including 
bark chips); Christmas trees; logs with bark attached; lumber with bark 
attached; nursery stock; raw pine materials for pine wreaths and 
garlands; and stumps.
    (b) Any article, product, or means of conveyance not covered by 
paragraph (a) of this section, that presents a risk of spread of the 
pine shoot beetle and that an inspector notifies the person in 
possession of it is subject to the restrictions of this subpart.

[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65 
FR 51518, Aug. 24, 2000]



Sec. 301.50-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area, in paragraph (c) of 
this section, each State, or each portion of a State, in which the pine 
shoot beetle has been found by an inspector, in which the Administrator 
has reason to believe that the pine shoot beetle is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the pine shoot beetle has been found. Less than an entire State 
will be designated as a quarantined area only if the Administrator 
determines that:
    (1) The State has adopted and is enforcing a quarantine and 
regulations that impose restrictions on the intrastate movement of the 
regulated articles that are equivalent to those imposed by this subpart 
on the interstate movement of these articles; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the pine shoot beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section. The 
Administrator will give a copy of this regulation along with a written 
notice of this temporary designation to the owner or person in 
possession of the nonquarantined area; thereafter, the interstate 
movement of any regulated article from an area temporarily designated as 
a quarantined area is subject to this subpart. As soon as practicable, 
this area will be added to the list in paragraph (c) of this section, or 
the designation will be terminated by the Administrator or an

[[Page 34]]

inspector. The owner or person in possession of an area for which 
designation is terminated will be given notice of the termination as 
soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                                Illinois

Boone County. The entire county.
Bureau County. The entire county.
Champaign County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Du Page County. The entire county.
Grundy County. The entire county.
Iroquois County. The entire county.
Kane County. The entire county.
Kankakee County. The entire county.
Kendall County. The entire county.
La Salle County. The entire county.
Lake County. The entire county.
Lee County. The entire county.
Livingston County. The entire county.
Macon County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Marshall County. The entire county.
Ogle County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Stephenson County. The entire county.
Tazewell County. The entire county.
Vermilion County. The entire county.
Whiteside County. The entire county.
Will County. The entire county.
Winnebago County. The entire county.
Woodford County. The entire county.

                                 Indiana

Adams County. The entire county.
Allen County. The entire county.
Benton County. The entire county.
Blackford County. The entire county.
Boone County. The entire county.
Brown County. The entire county.
Carroll County. The entire county.
Cass County. The entire county.
Clinton County. The entire county.
De Kalb County. The entire county.
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Fulton County. The entire county.
Grant County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hendricks County. The entire county.
Henry County. The entire county.
Howard County. The entire county.
Huntington County. The entire county.
Jasper County. The entire county.
Jay County. The entire county.
Johnson County. The entire county.
Kosciusko County. The entire county.
Lagrange County. The entire county.
Lake County. The entire county.
La Porte County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. The entire county.
Miami County. The entire county.
Montgomery County. The entire county.
Newton County. The entire county.
Noble County. The entire county.
Owen County. The entire county.
Park County. The entire county.
Porter County. The entire county.
Pulaski County. The entire county.
Randolph County. The entire county.
Rush County. The entire county.
Shelby County. The entire county.
St. Joseph County. The entire county.
Starke County. The entire county.
Steuben County. The entire county.
Tippecanoe County. The entire county.
Tipton County. The entire county.
Vermillion County. The entire county.
Wabash County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Wells County. The entire county.
White County. The entire county.
Whitley County. The entire county.

                                  Maine

Franklin County. The entire county.
Oxford County. The entire county.

                                Maryland

Allegany County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Washington County. The entire county.

                                Michigan

    Alcona County. The entire county.
    Allegan County. The entire county.
    Alpena County. The entire county.
    Antrim County. The entire county.
    Arenac County. The entire county.
    Barry County. The entire county.
    Bay County. The entire county.
    Benzie County. The entire county.
    Berrien County. The entire county.
    Branch County. The entire county.
    Calhoun County. The entire county.
    Cass County. The entire county.
    Charlevoix County. The entire county.
    Cheboygan County. The entire county.
    Chippewa County. The entire county.
    Clare County. The entire county.
    Clinton County. The entire county.
    Crawford County. The entire county.
    Delta County. The entire county.
    Dickinson County. The entire county.
    Eaton County. The entire county.
    Emmet County. The entire county.
    Genesee County. The entire county.

[[Page 35]]

    Gladwin County. The entire county.
    Grand Traverse County. The entire county.
    Gratiot County. The entire county.
    Hillsdale County. The entire county.
    Huron County. The entire county.
    Ingham County. The entire county.
    Ionia County. The entire county.
    Iosco County. The entire county.
    Isabella County. The entire county.
    Jackson County. The entire county.
    Kalamazoo County. The entire county.
    Kalkaska County. The entire county.
    Kent County. The entire county.
    Lake County. The entire county.
    Lapeer County. The entire county.
    Leelanau County. The entire county.
    Lenawee County. The entire county.
    Livingston County. The entire county.
    Luce County. The entire county.
    Mackinac County. The entire county.
    Macomb County. The entire county.
    Manistee County. The entire county.
    Marquette County. The entire county.
    Mason County. The entire county.
    Mecosta County. The entire county.
    Midland County. The entire county.
    Missaukee County. The entire county.
    Monroe County. The entire county.
    Montcalm County. The entire county.
    Montmorency County. The entire county.
    Muskegon County. The entire county.
    Newaygo County. The entire county.
    Oakland County. The entire county.
    Oceana County. The entire county.
    Ogemaw County. The entire county.
    Osceola County. The entire county.
    Oscoda County. The entire county.
    Otsego County. The entire county.
    Ottawa County. The entire county.
    Presque Isle County. The entire county.
    Roscommon County. The entire county.
    Saginaw County. The entire county.
    St. Clair County. The entire county.
    St. Joseph County. The entire county.
    Sanilac County. The entire county.
    Schoolcraft County. The entire county.
    Shiawassee County. The entire county.
    Tuscola County. The entire county.
    Van Buren County. The entire county.
    Washtenaw County. The entire county.
    Wayne County. The entire county.
    Wexford County. The entire county.

                              NEW HAMPSHIRE

Coos County. The entire county.

                                New York

    Allegany County. The entire county.
    Broome County. The entire county.
    Cattaraugus County. The entire county.
    Cayuga County. The entire county.
    Chautauqua County. The entire county.
    Chemung County. The entire county.
    Chenango County. The entire county.
    Cortland County. The entire county.
    Delaware County. The entire county.
    Erie County. The entire county.
    Genesee County. The entire county.
    Jefferson County. The entire county.
    Lewis County. The entire county.
    Livingston County. The entire county.
    Madison County. The entire county.
    Monroe County. The entire county.
    Niagara County. The entire county.
    Oneida County. The entire county.
    Onondaga County. The entire county.
    Ontario County. The entire county.
    Orleans County. The entire county.
    Oswego County. The entire county.
    Otsego County. The entire county.
    St. Lawrence County. The entire county.
    Schuyler County. The entire county.
    Seneca County. The entire county.
    Steuben County. The entire county.
    Tioga County. The entire county.
    Tompkins County. The entire county.
    Wayne County. The entire county.
    Wyoming County. The entire county.
    Yates County. The entire county.

                                  Ohio

Allen County. The entire county.
Ashland County. The entire county.
Ashtabula County. The entire county.
Auglaize County. The entire county.
Belmont County. The entire county.
Butler County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Clark County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford County. The entire county.
Cuyahoga County. The entire county.
Darke County. The entire county.
Defiance County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Fairfield County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Geauga County. The entire county.
Greene County. The entire county.
Guernsey County. The entire county.
Hamilton County. The entire county.
Hancock County. The entire county.
Hardin County. The entire county.
Harrison County. The entire county.
Henry County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Licking County. The entire county.
Logan County. The entire county.
Lorain County. The entire county.
Lucas County. The entire county.
Madison County. The entire county.
Mahoning County. The entire county.
Marion County. The entire county.
Medina County. The entire county.

[[Page 36]]

Mercer County. The entire county.
Miami County. The entire county.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan County. The entire county.
Morrow County. The entire county.
Muskingum County. The entire county.
Noble County. The entire county.
Ottawa County. The entire county.
Paulding County. The entire county.
Perry County. The entire county.
Pickaway County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Sandusky County. The entire county.
Seneca County. The entire county.
Shelby County. The entire county.
Stark County. The entire county.
Summit County. The entire county.
Trumbull County. The entire county.
Tuscarawas County. The entire county.
Union County. The entire county.
Van Wert County. The entire county.
Vinton County. The entire county.
Warren County. The entire county.
Wayne County. The entire county.
Williams County. The entire county.
Wood County. The entire county.
Wyandot County. The entire county.

                              Pennsylvania

Allegheny County. The entire county.
Armstrong County. The entire county.
Beaver County. The entire county.
Bedford County. The entire county.
Blair County. The entire county.
Bradford County. The entire county.
Butler County. The entire county.
Cambria County. The entire county.
Cameron County. The entire county.
Clarion County. The entire county.
Clearfield County. The entire county.
Crawford County. The entire county.
Elk County. The entire county.
Erie County. The entire county.
Fayette County. The entire county.
Forest County. The entire county.
Greene County. The entire county.
Huntingdon County. The entire county.
Indiana County. The entire county.
Jefferson County. The entire county.
Lawrence County. The entire county.
McKean County. The entire county.
Mercer County. The entire county.
Potter County. The entire county.
Somerset County. The entire county.
Tioga County. The entire county.
Venango County. The entire county.
Warren County. The entire county.
Washington County. The entire county.
Westmoreland County. The entire county.

                                 VERMONT

Caledonia County. The entire county.
Essex County. The entire county.
Orleans County. The entire county.

                              West Virginia

The entire state.

                                Wisconsin

Grant County. The entire county.
Green County. The entire county.
Kenosha County. The entire county.
Rock County. The entire county.
(d) A map of the quarantined areas follows:

[[Page 37]]

[GRAPHIC] [TIFF OMITTED] TR18JN02.017


[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34682, June 29, 1993; 58 FR 63027, Nov. 
30, 1993; 59 FR 39939, Aug. 5, 1994; 59 FR 52892, Oct. 20, 1994; 60 FR 
2322, Jan. 9, 1995; 60 FR 55779, Nov. 3, 1995; 62 FR 64679, Dec. 9, 
1997; 63 FR 25155, May 7, 1998; 64 FR 387, Jan. 5, 1999; 65 FR 37842, 
June 19, 2000; 66 FR 37403, July 18, 2001; 66 FR 46692, Sept. 6, 2001; 
67 FR 41308, June 18, 2002]



Sec. 301.50-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.50-5 and 301.50-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1)(i) The regulated article originates outside any quarantined area 
and is moved through the quarantined area without stopping (except for 
dropoff loads, refueling, or traffic conditions, such as traffic lights 
or stop signs) during October, November, or December, or when ambient 
air temperature is below 10  deg.C (50  deg.F); or
    (ii) The regulated article originates outside any quarantined area 
and, during the period of January through September, is moved through 
the quarantined area at a temperature higher than 10  deg.C (50  deg.F), 
if the article is shipped in an enclosed vehicle or completely covered 
(such as with plastic, canvas, or other closely woven cloth) so as to 
prevent access by the pine shoot beetle; and
    (2) The point of origin of the regulated article is indicted on the 
waybill.
    (c) With a limited permit issued by the Administrator if the 
regulated article is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Under conditions, specified on the permit, which the 
Administrator has found to be adequate to prevent the spread of the pine 
shoot beetle; and
    (3) With a tag or label, bearing the number of the permit issued for 
the regulated article, attached to the outside of the container of the 
regulated

[[Page 38]]

article or attached to the regulated article itself, if the regulated 
article is not in a container.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 28335, May 13, 1993]



Sec. 301.50-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate will be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting the 
local offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.50-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, if the regulated 
article is a greenhouse-grown pine (such as bonsai), that the greenhouse 
is free from the pine shoot beetle and is screened to prevent entry of 
the pine shoot beetle; or
    (iii) Based on inspection of the regulated article, if the regulated 
article is a pine seedling or a pine transplant and is no greater than 
36 inches high with a bole diameter at soil level of 1 inch or less, 
that it is free from the pine shoot beetle; or
    (iv) Based on inspection by an inspector (branch tip-by-branch tip) 
of pine nursery stock, that it is free from the pine shoot beetle; or
    (v) If the regulated article is a pine log with bark attached or 
pine lumber with bark attached or a pine stump, that its source tree has 
been felled during the period of July through October; and
    (2)(i) The regulated article will be moved through the quarantined 
area during October, November, or December, or when the ambient air 
temperature is below 10  deg.C (50  deg.F); or
    (ii) The regulated article will be moved through the quarantined 
area during the period of January through September, if the ambient air 
temperature is 10  deg.C (50  deg.F) or higher, in an enclosed vehicle 
or completely enclosed by a covering adequate to prevent access by the 
pine shoot beetle; or
    (iii) The pine log with bark attached, pine lumber with bark 
attached, or pine stump, from a tree felled during the period of July 
through October, will be shipped interstate from the quarantined area 
during the period of July through October; and
    (3) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the pine 
shoot beetle; and
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated articles.
    (b) An inspector \5\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (1)(i) The regulated article is to be moved interstate to a 
specified destination for specified handling, processing, or utilization 
(the destination and other conditions to be listed in the limited 
permit), and this interstate movement will not result in the spread of 
the pine shoot beetle. If the regulated article is part of a shipment of 
pine Christmas trees, the inspector will make a pest-risk determination 
on the basis of an inspection conducted in accordance with Sec. 301.50-
5(c) of this paragraph; or
    (ii) The regulated article is to be moved interstate from a 
quarantined area to a quarantined area and will transit any non-
quarantined area in an enclosed vehicle or completely enclosed by a 
covering adequate to prevent access by the pine shoot beetle; and
    (2) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary

[[Page 39]]

under section 414 of the Plant Protection Act (7 U.S.C. 7714) to prevent 
the spread of the pine shoot beetle; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) The number of pine Christmas trees randomly selected for 
inspection is determined by the size and type of shipment, in accordance 
with the following tables. If a shipment mixes painted and natural 
trees, the inspection procedure for painted trees will apply.

       Table 1--Painted (Color-Enhanced) Pine Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-72...........................      All  701-800..............      120
73-100.........................       73  801-900..............      121
101-200........................       96  901-1,000............      122
201-300........................      106  1,001-2,000..........      126
301-400........................      111  2,001-3,000..........      127
401-500........................      115  3,001-5,000..........      128
501-600........................      117  5,001-10,000.........      129
601-700........................      119  10,001 or more.......      130
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''


            Table 2--Natural (Unpainted) Christmas Trees \1\
------------------------------------------------------------------------
                                  No. of                          No. of
                                  trees      No. of trees in      trees
    No. of trees in shipment        to           shipment           to
                                  sample                          sample
------------------------------------------------------------------------
1-57...........................      All  501-600..............       80
58-100.........................       58  601-700..............       81
101-200........................       69  701-1,000............       82
201-300........................       75  1,001-3,000..........       84
301-400........................       77  3,001-10,000.........       85
401-500........................       79  10,001 or more.......       86
------------------------------------------------------------------------
\1\ If a pine shoot beetle is detected in any one of the trees being
  sampled, the entire shipment must be rejected. If no pine shoot beetle
  is detected in any of the trees sampled, the shipment will be allowed
  to move with a limited permit. The limited permit must state, ``All
  trees that remain unsold as of December 25 must be destroyed by
  burning or chipping, or must be fumigated, prior to January 1.''

    (d) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section. A person operating under a compliance 
agreement may issue a limited permit for interstate movement of a 
regulated article when an inspector has determined that the regulated 
article is eligible for a limited permit in accordance with paragraph 
(b) of this section.
    (e) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally, or in writing, if he or she determines 
that the holder of the certificate or limited permit has not complied 
with all conditions under this subpart for the use of the certificate or 
limited permit. If the withdrawal is oral, the withdrawal and the 
reasons for the withdrawal shall be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit has 
been withdrawn may appeal the decision in writing to the Administrator 
within 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 certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning such a hearing 
will be adopted by the Administrator.

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

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 34683, June 29, 1993; 59 FR 67608, Dec. 
30, 1994; 66 FR 21051, Apr. 27, 2001]



Sec. 301.50-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.

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

[[Page 40]]

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation shall be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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 such a hearing will be adopted by the Administrator.

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

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 
59 FR 67608, Dec. 30, 1994]



Sec. 301.50-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.50-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector,\7\ at least 48 hours in advance of the 
desired interstate movement.
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.50-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

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

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must be attached, at all times during 
the interstate movement, to the outside of the container containing the 
regulated article, or to the regulated article itself, if not in a 
container. The requirements of this section may also be met by attaching 
the certificate or limited permit to the consignee's copy of the 
waybill, provided the regulated article is sufficiently described on the 
certificate or limited permit and on the waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

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

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993]



Sec. 301.50-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.



Sec. 301.50-10  Treatments.

    (a) Fumigation is authorized for use on pine logs with bark 
attached, pine lumber with bark attached, pine bark nuggets (including 
bark chips), and pine stumps, as follows: Logs, lumber, and stumps may 
be treated with methyl bromide at normal atmospheric pressure with 48 g/
m3 (3 lb/1000 ft3) for 16 hours at 21  deg.C (70 
deg.F) or above, or 80 g/m3 (5 lb/1000 ft3) for 16 
hours at 4.5 - 20.5  deg.C (40 - 69  deg.F.).
    (b) Cold treatment is authorized for cut pine Christmas trees, pine 
nursery stock, and raw pine materials for pine wreaths and garlands as 
follows: The regulated articles must be loaded into a refrigeration unit 
and held at -20.6  deg.C (-5  deg.F) for one hour; the period before the 
refrigeration unit reaches the

[[Page 41]]

specified temperature is not part of the treatment period.
    (c) Any one of these fumigation treatments is authorized for use on 
cut pine Christmas trees and raw pine materials for pine wreaths and 
garlands. Cut pine Christmas trees and raw pine materials for pine 
wreaths and garlands may be treated with methyl bromide at normal 
atmospheric pressure as follows:

----------------------------------------------------------------------------------------------------------------
                                                Dosage:                 Concentration readings: ounces per 1000
                                              pounds per   Exposure:                   feet \3\
                 Temperature                   1000 feet     hours   -------------------------------------------
                                                  \3\                   2.0 hr     3.0 hr     3.5 hr     4.0 hr
----------------------------------------------------------------------------------------------------------------
40-49  deg.F................................         4.0         4.0         57         --         --         48
50-59  deg.F................................         4.0         3.5         57         --         48         --
50-59  deg.F................................         3.5         4.0         50         --         --         42
60  deg.F+..................................         4.0         3.0         57         48         --         --
60  deg.F+..................................         3.0         4.0         43         --         --        36
----------------------------------------------------------------------------------------------------------------
Note: APHIS assumes no responsibility for damage to cut pine Christmas trees due to possible phytotoxic effects
  of these treatments. Trees should be cut at least 14 days before treatment to reduce the possibility of
  phytotoxic effects.


[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6348, Jan. 28, 1993; 58 
FR 28335, May 13, 1993; 58 FR 63027, Nov. 30, 1993; 60 FR 55780, 55781, 
Nov. 3, 1995; 65 FR 51518, Aug. 24, 2000]



                    Subpart--Asian Longhorned Beetle

    Source: 62 FR 10416, Mar. 7, 1997, unless otherwise noted.



Sec. 301.51-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Asian longhorned beetle. The insect known as Asian longhorned beetle 
(Anoplophora glabripennis) in any stage of development.
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.51-5(a).
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Infestation. The presence of the Asian longhorned beetle in any life 
stage.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to enforce 
the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that the 
regulated article not eligible for a certificate is eligible for 
interstate movement only to a specified destination and in accordance 
with conditions specified on the permit.
    Moved (movement, move). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.51-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.51-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.51-2(a) of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec. 301.51-2(b) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.51-2  Regulated articles.

    The following are regulated articles:

[[Page 42]]

    (a) Firewood (all hardwood species), and green lumber and other 
material living, dead, cut, or fallen, inclusive of nursery stock, logs, 
stumps, roots, branches, and debris of half an inch or more in diameter 
of the following genera: Acer (maple), Aesculus (horse chestnut), Betula 
(birch), Hibiscus syriacus L. (Rose of Sharon), Malus (apple), Melia 
(chinaberry), Morus (mulberry), Populus (poplar), Prunus (cherry), Pyrus 
(pear), Robinia (locust), Salix (willow), Ulmus (elm), and Citrus.
    (b) Any other article, product, or means of conveyance not covered 
by paragraph (a) of this section if an inspector determines that it 
presents a risk of spreading Asian longhorned beetle and notifies the 
person in possession of the article, product, or means of conveyance 
that it is subject to the restrictions of this subpart.

[62 FR 10416, Mar. 7, 1997, as amended at 62 FR 60764, Nov. 13, 1997]



Sec. 301.51-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section, each State or each portion of a State in which the Asian 
longhorned beetle has been found by an inspector, in which the 
Administrator has reason to believe that the Asian longhorned beetle is 
present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities where Asian longhorned beetle has been found. Less than an 
entire State will be designated as a quarantined area only if the 
Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated articles that are equivalent to those 
imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than an entire State as a quarantined 
area will be adequate to prevent the artificial interstate spread of the 
Asian longhorned beetle.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraph (a) of this section. The Administrator 
will give written notice of this designation to the owner or person in 
possession of the nonquarantined area, or, in the case of publicly owned 
land, to the person responsible for the management of the nonquarantined 
area. Thereafter, the interstate movement of any regulated article from 
an area temporarily designated as a quarantined area is subject to this 
subpart. As soon as practicable, this area either will be added to the 
list of designated quarantined areas in paragraph (c) of this section, 
or the Administrator will terminate the designation. The owner or person 
in possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (c) The following areas are designated as quarantined areas:

                                Illinois

    Cook County. That area in the Ravenswood community in the city of 
Chicago that is bounded as follows: Beginning on the shoreline of Lake 
Michigan at Howard Street; then west on Howard Street to Western Avenue; 
then south on Western Avenue to Bryn Mawr Avenue; then west on Bryn Mawr 
Avenue to Central Park Avenue; then south on Central Park Avenue to 
Diversey Avenue; then east on Diversey Avenue to the shoreline of Lake 
Michigan; then north along the shoreline of Lake Michigan to the point 
of beginning.
    Cook and DuPage Counties. That area in Cook and DuPage Counties that 
is bounded as follows: Beginning at the intersection of Supreme Drive 
and Thomas Drive in the Village of Bensenville; then south on Thomas 
Drive to its end; then on a line southwest from the end of Thomas Drive 
to Church Road; then south on Church Road to Jefferson Street; then east 
on Jefferson Street to the Redmond Recreational Complex property line; 
then south and east along the Redmond Recreational Complex property line 
to John Street; then north on John Street to Jefferson Street; then east 
on Jefferson Street to County Line Road; then

[[Page 43]]

continuing east on an imaginary line from the intersection of Jefferson 
Street and County Line Road through the Chicago, Milwaukee, St. Paul and 
Pacific Railroad Yards to the intersection of Waveland Avenue and 
Centrella Street in the Village of Franklin Park; then east on Waveland 
Avenue to Mannheim Road (State Route 12); then north on Mannheim Road to 
Interstate 190; then west on Interstate 190 to Bessie Coleman Drive; 
then north on Bessie Coleman Drive to a point in line with Runway 27 
Right on the grounds of O'Hare International Airport; then west along an 
imaginary line from Bessie Coleman Drive following the line of Runway 27 
Right across the grounds of O'Hare International Airport to North York 
Road; then north on North York Road to Supreme Drive; then west on 
Supreme Drive to the point of beginning.
    DuPage County. That area near Addison in DuPage County that is 
bounded as follows: Beginning at the intersection of Fullerton Avenue 
and Swift Road; then east along Fullerton Avenue to Lombard Road; then 
north along Lombard Road to Army Trail; then west along Army Trail to 
Swift Road; then south along Swift Road to the point of beginning.
    Village of Summit. That area in the Village of Summit that is 
bounded as follows: Beginning at the intersection of Archer and 59th 
Street; then south along Archer to 67th Street; then east along 67th 
Street to the end; then east along the railroad tracks to Sayre; then 
north along Sayre to 59th Street; then west along 59th Street to the 
point of beginning.

                                New York

    New York City. That area in the boroughs of Manhattan, Brooklyn, and 
Queens in the City of New York that is bounded by a line beginning at 
the point where the Brooklyn Battery Tunnel intersects the Manhattan 
shoreline of the East River; then west and north along the shoreline of 
the Hudson River to Martin Luther King Jr. Boulevard; then east on 
Martin Luther King Jr. Boulevard and across the Triborough Bridge to its 
intersection with the west shoreline of Randall's and Ward's Island; 
then east and south along the shoreline of Randall's and Ward's Island 
to its intersection with the Triborough Bridge; then east along the 
Triborough Bridge to its intersection with the Queens shoreline; then 
north and east along the Queens shoreline to its intersection with the 
City of New York/Nassau County line; then southeast along the City of 
New York/Nassau County line to its intersection with Grand Central 
Parkway; then west on Grand Central Parkway to Jackie Robinson Parkway; 
then west on Jackie Robinson Parkway to Woodhaven Boulevard; then south 
on Woodhaven Boulevard to Atlantic Avenue; then west on Atlantic Avenue 
to the Eastern Parkway Extension; then south and west along the Eastern 
Parkway Extension and Eastern Parkway to Grand Army Plaza; then west 
along the south side of Grand Army Plaza to Union Street; then west on 
Union Street to Van Brunt Street; then south on Van Brunt Street to 
Hamilton Avenue and the Brooklyn Battery Tunnel; then north on Hamilton 
Avenue and the Brooklyn Battery Tunnel to the East River; then north 
along the Brooklyn Battery Tunnel across the East River to the point of 
beginning.
    Nassau and Suffolk Counties. That area in the villages of 
Amityville, West Amityville, North Amityville, Babylon, West Babylon, 
Copiague, Lindenhurst, Massapequa, Massapequa Park, and East Massapequa; 
in the towns of Oyster Bay and Babylon; in the counties of Nassau and 
Suffolk that is bounded as follows: Beginning at a point where West Main 
Street intersects the west shoreline of Carlis Creek; then west along 
West Main Street to Route 109; then north along Route 109 to Arnold 
Avenue; then northwest along Arnold Avenue to Albin Avenue; then west 
along Albin Avenue to East John Street; then west along East John Street 
to Wellwood Avenue; then north along Wellwood Avenue to the Southern 
State Parkway; then west along the Southern State Parkway to Broadway; 
then south along Broadway to Hicksville Road; then south along 
Hicksville Road to Division Avenue; then south along Division Avenue to 
South Oyster Bay; then east along the shoreline of South Oyster Bay to 
Carlis Creek; then along

[[Page 44]]

the west shoreline of Carlis Creek to the point of beginning.
    That area in the villages of Bayshore, East Islip, Islip, and Islip 
Terrace in the Town of Islip, in the County of Suffolk, that is bounded 
as follows: Beginning at a point where Route 27A intersects Brentwood 
Road; then east along Route 27A to the Southern State Parkway Heckscher 
Spur; then north and west along the Southern State Parkway Heckscher 
Spur to Carleton Avenue; then north along Carleton Avenue to the 
southern boundary of the New York Institute of Technology; then west 
along the southern boundary of the New York Institute of Technology 
through its intersection with Wilson Boulevard to Pear Street; then west 
along Pear Street through its intersection with Freeman Avenue to Riddle 
Street; then west along Riddle Street to Broadway; then south along 
Broadway to the Southern State Parkway Heckscher Spur; then west along 
the Southern State Parkway Heckscher Spur to Brentwood Road; then south 
along Brentwood Road to the point of beginning.

[62 FR 10416, Mar. 7, 1997, as amended at 63 FR 63387, Nov. 13, 1998; 64 
FR 28715, May 27, 1999; 65 FR 4866, Feb. 2, 2000; 65 FR 54944, Sept. 12, 
2000; 66 FR 56430, Nov. 8, 2001]



Sec. 301.51-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined 
area only if moved under the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.51-5 and 301.51-8;
    (2) Without a certificate or limited permit if:
    (i) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (ii) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the following 
conditions:
    (A) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (B) The regulated article is moved through the quarantined area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of infestation by Asian 
longhorned beetle; and
    (C) The article has not been combined or commingled with other 
articles so as to lose its individual identity.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article interstate, the 
inspector is authorized to stop the person or means of conveyance to 
determine whether a regulated article is present and to inspect the 
regulated article. Articles found to be infected by an inspector, and 
articles not in compliance with the regulations in this subpart, may be 
seized, quarantined, treated, subjected to other remedial measures, 
destroyed, or otherwise disposed of.



Sec. 301.51-5   Issuance and cancellation of certificates and limited permits.

    (a) An inspector \1\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:
---------------------------------------------------------------------------

    \1\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) Is apparently free of Asian longhorned beetle in any stage of 
development, based on inspection of the regulated article; or
    (ii) Has been grown, produced, manufactured, stored, or handled in 
such a manner that, in the judgment of the inspector, the regulated 
article does not present a risk of spreading Asian longhorned beetle; 
and
    (2) Is to be moved in compliance with any additional conditions 
deemed necessary under section 414 of the Plant Protection Act (7 U.S.C. 
7714) \2\ to prevent the artificial spread of the Asian longhorned 
beetle; and
---------------------------------------------------------------------------

    \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).

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

[[Page 45]]

    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
articles.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if he or she determines that the 
regulated article:
    (1) Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and other 
conditions to be listed on the limited permit), and this interstate 
movement will not result in the spread of Asian longhorned beetle 
because Asian longhorned beetle will be destroyed by the specific 
processing, handling, or utilization; and
    (2) It is to be moved in compliance with any additional conditions 
that the Administrator may impose under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) in order to prevent the spread of the 
Asian longhorned beetle; and
    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.51-6 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the interstate 
movement of regulated articles that have met all of the requirements of 
paragraph (a) or (b), respectively, of this section.
    (d) Any certificate or limited permit may be canceled orally or in 
writing by an inspector whenever the inspector determines that the 
holder of the certificate or limited permit has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any person 
whose certificate or limited permit has been cancelled may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written cancellation notice. The appeal must state all of the facts 
and reasons that the person wants the Administrator to consider in 
deciding the appeal. A hearing may be held to resolve a conflict as to 
any material fact. Rules of practice for the hearing will be adopted by 
the Administrator. As soon as practicable, the Administrator will grant 
or deny the appeal, in writing, stating the reasons for the decision.

[62 FR 10416, Mar. 7, 1997, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.51-6   Compliance agreements and cancellation.

    (a) Persons engaged in growing, handling, or moving regulated 
articles interstate may enter into a compliance agreement \3\ if such 
persons review with an inspector each stipulation of the compliance 
agreement. Any person who enters into a compliance agreement with APHIS 
must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \3\ Compliance agreements may be initiated by contacting a local 
office of APHIS. The addresses and telephone numbers of local offices 
are listed in local telephone directories and may also be obtained from 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector determines that the person who has 
entered into the compliance agreement has not complied with this subpart 
or any conditions imposed under this subpart. If the cancellation is 
oral, the cancellation will become effective immediately, and the 
cancellation and the reasons for the cancellation will be confirmed in 
writing as soon as circumstances permit. Any person whose

[[Page 46]]

compliance agreement has been cancelled may appeal the decision in 
writing to the Administrator within 10 days after receiving the written 
cancellation notice. The appeal must state all of the facts and reasons 
that the person wants the Administrator to consider in deciding the 
appeal. A hearing may be held to resolve a conflict as to any material 
fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the appeal, in writing, stating the reasons for the decision.



Sec. 301.51-7   Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \4\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec. 301.51-5.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner that the inspector designates as necessary to comply with this 
subpart.



Sec. 301.51-8   Attachment and disposition of certificates and limited permits.

    (a) A regulated article must be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
must have the certificate or limited permit issued for the interstate 
movement of a regulated article securely attached at all times during 
interstate movement to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill; Provided, that 
the description of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the destination of the shipment.



Sec. 301.51-9   Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.



                         Subpart--Pink Bollworm

    Source: 32 FR 16385, Nov. 30, 1967, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.52  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. The following States are quarantined to 
prevent the spread of the pink bollworm (Pectinophora gossypiella 
(Saund.)): Arizona, California, New Mexico, and Texas.
    (b) Regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any regulated article, except in 
accordance with this subpart. The following are regulated articles:
    (1) Cotton and wild cotton, including all parts of these plants.
    (2) Seed cotton.
    (3) Cottonseed.
    (4) American-Egyptian (long-staple) varieties of cotton lint, 
linters, and lint cleaner waste; except:\1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and must have not been exposed to 
pink bollworm infestation after ginning or compression as prescribed.
---------------------------------------------------------------------------

    (i) American-Egyptian cotton lint, linters, and lint cleaner waste 
compressed to a density of at least 22 pounds per cubic foot.
    (ii) Trade samples of American-Egyptian cotton lint and linters.
    (5) Cotton waste produced at cotton gins and cottonseed oil mills.
    (6) Cotton gin trash.
    (7) Used bagging and other used wrappers for cotton.
    (8) Used cotton harvesting equipment and used cotton ginning and 
used cotton oil mill equipment.
    (9) Kenaf, including all parts of the plants.
    (10) Okra, including all parts of these plants, except:
    (i) Canned or frozen okra; or
    (ii) Okra seed; and

[[Page 47]]

    (iii) Fresh, edible fruits of okra:
    (A) During December 1 through May 15 if moved interstate, but only 
during January 1 through March 15 if moved to California.
    (B) During May 16 through November 30, if moved interstate to any 
portion of Illinois, Kentucky, Missouri, or Virginia that is north of 
the 38th parallel; or to any destination in Colorado, Connecticut, 
Delaware, District of Columbia, 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.
    (11) Any other product, article, or means of conveyance not covered 
by paragraphs (b) (1) through (10) of this section, when an inspector 
determines that it presents a risk of spread of the pink bollworm and 
the person in possession of the product, article, or means of conveyance 
has actual notice that it is subject to the restrictions of this 
subpart.

[32 FR 16385, Nov. 30, 1967, as amended at 48 FR 28424, June 22, 1983; 
49 FR 26188, June 27, 1984; 52 FR 26943, July 17, 1987; 53 FR 4842, Feb. 
18, 1988; 53 FR 36432, Sept. 20, 1988; 56 FR 9274, Mar. 6, 1991; 57 FR 
31304, July 15, 1992; 58 FR 36952, July 8, 1993; 58 FR 39418, July 23, 
1993; 59 FR 44608, Aug. 30, 1994; 59 FR 46721, Sept. 12, 1994; 62 FR 
23945, May 2, 1997; 65 FR 11204, Mar. 2, 2000; 67 FR 34818, May 16, 
2002]



Sec. 301.52-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, 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 stead has been 
or may hereafter be delegated.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.52-2.
    Infestation. The presence of the pink bollworm or the existence of 
circumstances that make it reasonable to believe that pink bollworm is 
present.
    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 to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State, territory, or district of the United 
States into or through any other State, territory, or district of the 
United States (including Puerto Rico).
    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertified regulated 
articles to a specified destination for limited handling, utilization, 
or processing or for treatment.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Pink bollworm. The live insect known as the pink bollworm of cotton 
(Pectinophora gossypiella Saund.), in any stage of development.

[[Page 48]]

    Regulated area. Any quarantined State, territory, or district, or 
any portion thereof, listed as a regulated area in Sec. 301.52-2a by the 
Deputy Administrator in accordance with Sec. 301.52-2(a).
    Regulated articles. Any articles described in Sec. 301.52(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certified under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Suppressive area. That part of a regulated area where eradication of 
infestation is undertaken as an objective, as designated by the Deputy 
Administrator under Sec. 301.52-2(a).
    Treatment manual. The provisions currently contained in the ``Plant 
Protection and Quarantine Treatment Manual'' and any amendments thereto. 
\2\
---------------------------------------------------------------------------

    \2\ The Plant Protection and Quarantine Treatment Manual is 
incorporated by reference at Sec. 300.1 of this chapter.

[32 FR 16385, Nov. 30, 1967, as amended at 35 FR 2859, Feb. 12, 1970; 36 
FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 1972; 52 FR 26943, July 
17, 1987; 67 FR 34818, May 16, 2002]



Sec. 301.52-2  Authorization for Deputy Administrator to list regulated areas and suppressive or generally infested areas.

    The Deputy Administrator shall publish and amend from time to time 
as the facts warrant, the following lists:
    (a) List of regulated areas and suppressive or generally infested 
areas. The Deputy Administrator shall list as regulated areas in a 
supplemental regulation designated as Sec. 301.52-2a, the quarantined 
States, territories, or districts, or portions thereof, in which pink 
bollworm has been found or in which there is reason to believe that pink 
bollworm is present, or which it is deemed necessary to regulate because 
of their proximity to infestation or their inseparability for quarantine 
enforcement purposes from infested localities. The Deputy Administrator, 
in the supplemental regulation, may divide any regulated area into a 
suppressive area and a generally infested area in accordance with the 
definitions thereof in Sec. 301.52-1. Less than an entire quarantined 
State, territory, or district will be designated as a regulated area 
only if the Deputy Administrator is of the opinion that:
    (1) The State, territory, or district has adopted and is enforcing a 
quarantine or regulations which imposes restrictions on the intrastate 
movement of the regulated articles which are substantially the same as 
those which are imposed with respect to the interstate movement of such 
articles under this subpart; and
    (2) The designation of less than the entire State, territory, or 
district, as a regulated area will otherwise be adequate to prevent the 
interstate spread of the pink bollworm.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]



Sec. 301.52-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and part of civil divisions described below are 
designated as pink bollworm regulated areas within the meaning of the 
provisions of this subpart; and such regulated areas are hereby divided 
into generally infested areas or suppressive areas as indicated below.

                                 Arizona

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                               California

    (1) Generally infested area.
    Imperial County. The entire county.
    Inyo County. The entire county.
    Los Angeles County. The entire county.
    Orange County. The entire county.
    Riverside County. The entire county.
    San Bernardino County. The entire county.
    San Diego County. The entire county.
    (2) Suppressive area.
    Fresno County. The entire county.
    Kern County. The entire county.
    Kings County. The entire county.
    Madera County. The entire county.
    Merced County. The entire county.
    San Benito County. The entire county.
    Tulare County. The entire county.

[[Page 49]]

                               New Mexico

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

                                  Texas

    (1) Generally infested area. Entire State.
    (2) Suppressive area. None.

[42 FR 13533, Mar. 11, 1977]

    Editorial Note: For Federal Register citations affecting 
Sec. 301.52-2a, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.



Sec. 301.52-3  Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated articles may be moved interstate from any quarantined 
State under the following conditions:
    (a) From any regulated area, with certificate or permit issued and 
attached in accordance with Secs. 301.52-4 and 301.52-7 if moved:
    (1) From any regulated area into or through any point outside of the 
regulated areas; or
    (2) From any generally infested area into or through any suppressive 
area; or
    (3) Between any noncontiguous suppressive areas; or
    (4) Between contiguous suppressive areas when it is determined by 
the inspector that the regulated articles present a hazard of the spread 
of the pink bollworm and the person in possession thereof has been so 
notified; or
    (b) From any regulated area, without certificate or permit if moved;
    (1) From a generally infested area to a contiguous generally 
infested area; or
    (2) From a suppressive area to a contiguous generally infested area; 
or
    (3) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the pink bollworm exists; or
    (4) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (c) From any area outside the regulated areas, without a certificate 
or permit if the point of origin of such movement is clearly indicated 
on the articles or shipping document which accompanies the articles and 
if the movement is not made through any regulated area.

[32 FR 16385, Nov. 30, 1967, as amended at 52 FR 26943, July 17, 1987]



Sec. 301.52-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles by any 
inspector if he determines that they are eligible for certification for 
movement to any destination under all Federal domestic plant quarantines 
applicable to such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Upon examination, have been found to be free of infestation; or
    (3) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (4) Have been grown, produced, manufactured, stored, or handled in 
such manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles, not eligible for 
certification under this subpart, to specified destinations for limited 
handling, utilization, or processing, or for treatment in accordance 
with the treatment manual, when upon evaluation of the circumstances 
involved in each specific case he determines that such movement will not 
result in the spread of the pink bollworm and requirements of other 
applicable Federal domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement of regulated articles to any destination 
permitted under all applicable Federal domestic plant quarantines (for 
other than scientific purposes) if such articles are not eligible for 
certification under all

[[Page 50]]

such quarantines but would otherwise qualify for certification under 
this subpart.
    (d) Scientific permits may be issued by the Deputy Administrator to 
allow the interstate movement of regulated articles for scientific 
purposes under such conditions as may be prescribed in each specific 
case by the Deputy Administrator.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments provided such person is operating under a 
compliance agreement; and any such person may be authorized by an 
inspector to reproduce such forms on shipping containers or otherwise. 
Any such person may use the certificate forms, or reproductions of such 
forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement if such 
person has made one of the determination specified in paragraph (a) of 
this section with respect to such articles. Any such person may use the 
limited permit forms, or reproductions of such forms, for interstate 
movement of regulated articles to specific destinations authorized by 
the inspector in accordance with paragraph (b) of this section. Any such 
person may use the restricted destination permit forms, or reproductions 
of such forms, for the interstate movement of regulated articles not 
eligible for certification under all Federal domestic plant quarantines 
applicable to such articles, under the conditions specified in paragraph 
(c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector if he determines that the holder 
thereof has not complied with any condition for the use of such document 
imposed by this subpart.



Sec. 301.52-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be cancelled by the inspector who 
is supervising its enforcement whenever he finds, after notice and 
reasonable opportunity to present views has been accorded to the other 
party thereto, that such other party has failed to comply with the 
conditions of the agreement.



Sec. 301.52-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.52-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
manner as the inspector designates to facilitate inspection.



Sec. 301.52-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.



Sec. 301.52-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and pink bollworms as provided sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and

[[Page 51]]

7754), in accordance with instructions issued by the Deputy 
Administrator.

[32 FR 16385, Nov. 30, 1967, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.52-9  Movement of live pink bollworms.

    Regulations requiring a permit for, and otherwise governing the 
movement of live pink bollworms in interstate or foreign commerce are 
contained in the Federal Plant Pest regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.52-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



          Subpart--Mexican Fruit Fly Quarantine and Regulations

    Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.



Sec. 301.64  Quarantine and regulations; restrictions on interstate movement of regulated articles.\1,2\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
    \2\ Regulations concerning the movement of live Mexican fruit flies 
in interstate or foreign commerce are contained in part 330 of this 
chapter.
---------------------------------------------------------------------------

    (a) Quarantine and regulations. The Secretary of Agriculture hereby 
quarantines the State of Texas in order to prevent the artificial spread 
of the Mexican fruit fly, a dangerous plant pest not heretofore widely 
prevalent or distributed within and throughout the United States; and 
hereby establishes regulations governing the interstate movement of 
regulated articles specified in Sec. 301.64-2.
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move from any regulated area any 
regulated article interstate into or through American Samoa, Arizona, 
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana 
Islands, Puerto Rico, Texas, and the Virgin Islands of the United 
States, except in accordance with the conditions prescribed in this 
subpart.

[48 FR 54580, Dec. 6, 1983, as amended at 49 FR 33992, Aug. 28, 1984; 50 
FR 14087, Apr. 10, 1985; 55 FR 27181, July 2, 1990; 55 FR 47738, Nov. 
15, 1990; 57 FR 521, Jan. 7, 1992; 58 FR 219, Jan. 5, 1993; 58 FR 64103, 
Dec. 9, 1993; 59 FR 51840, Oct. 13, 1994; 61 FR 2392, Jan. 26, 1996; 62 
FR 44202, Aug. 20, 1997; 62 FR 61214, Nov. 17, 1997; 64 FR 40282, July 
26, 1999; 66 FR 21051, Apr. 27, 2001]



Sec. 301.64-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as a plural and vice versa, as the case may demand. The following terms, 
when used in this subpart, shall be construed, respectively, to mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.64-5(c).
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
    Core area. The 1 square mile area surrounding each property where 
Mexican fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of a Mexican fruit fly 
life cycle. Day degrees are the product of the following formula, with 
all temperatures measured in  deg.F:

(Minimum Daily Temp + Maximum Daily Temp)/2)-54 deg.=Day Degrees.

    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service for Plant

[[Page 52]]

Protection and Quarantine, or any officer or employee of the Department 
to whom authority to act in his/her stead has been or may hereafter be 
delegated.
    Infestation. The presence of the Mexican fruit fly or the existence 
of circumstances that make it reasonable to believe that the Mexican 
fruit fly is present.
    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 quarantines and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that such regulated article is eligible for 
interstate movement in accordance with Sec. 301.64-5(b).
    Mexican fruit fly. The insect known as Mexican fruit fly (Anastrepha 
ludens (Loew)) in any stage of development.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    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.
    Regulated area. Any State, or any portion thereof, listed in 
Sec. 301.64-3(c) or otherwise designated as a regulated area in 
accordance with Sec. 301.64-3(b).
    Regulated article. Any article listed in Sec. 301.64-2 of otherwise 
designated as a regulated article in accordance with Sec. 301.64-2(c).
    State. Each of the several 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.

[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 521, Jan. 7, 1992; 66 FR 
21051, Apr. 27, 2001]



Sec. 301.64-2  Regulated articles.

    (a) The following fruits are regulated articles:

Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Calamondin orange (X citrofortunella mitis)
Cherimoya (Annona cherimola)
Citrus citron (Citrus medica)
Custard apple (Annona reticulata)
Grapefruit (Citrus paradisi)
Guava (Pisdium guajava)
Japanese plum (Prunus salicina)
Lemon (Citrus limon) except Eureka, Lisbon, and Villa Franca cultivars 
(smooth-skinned sour lemon)
Lime (Citrus aurantiifolia) except sour limes
Mamey (Mammea americana)
Mandarin orange (tangerine) (Citrus reticulata)
Mango (Mangifera indica)
Nectarine (Prunus persica)
Peach (Prunus persica)
Pear (Pyrus communis)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune, Plum (Prunus domestica)
Plummelo (Shaddock) (Citrus maxima)
Quince (Cydonia oblonga)
Rose apple (Syzygium jambos (Eugenia jambos))
Sour orange (Citrus aurantium)
Sapote (Casimiroa spp.)
Sapota, Sapodilla (Sapotaceae)
Sargentia, yellow chapote (Sargentia greggii)
Spanish plum, purple mombin or Ciruela (Spondias spp.)
Sweet orange (Citrus sinensis)


Except that the list does not include any fruits which have been canned, 
or frozen below -17.8  deg.C (0  deg.F);
    (b) Soil within the drip line of plants which are producing or have 
produced the fruits listed in paragraph (a) of this section, and
    (c) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) or paragraph (b) of 
this section, when it is determined by an inspector that it presents a 
risk of spread of the Mexican fruit fly and the person in possession 
thereof has actual notice that

[[Page 53]]

the product, article or means of conveyance is subject to the 
restrictions of this section.

[48 FR 54580, Dec. 6, 1983, as amended at 64 FR 71269, Dec. 21, 1999]



Sec. 301.64-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, each quarantined State, or each portion thereof, in 
which the Mexican fruit fly has been found by an inspector or in which 
the Deputy Administrator has reason to believe that the Mexican fruit 
fly is present, or each portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to 
the Mexican fruit fly or its inseparability for quarantine enforcement 
purposes from localities in which the Mexican fruit fly occurs. Less 
than an entire quarantined State will be designated as a regulated area 
only if the Deputy Administrator determines that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the Mexican fruit fly.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such area. Written notice of such designation shall 
be given to the owner or person in possession of such nonregulated area, 
and, thereafter, the interstate movement of any regulated article from 
such area shall be subject to the applicable provisions of this subpart. 
As soon as practicable, such area shall be added to the list in 
paragraph (c) of this section or such designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas:

                               California

    Los Angeles County. That portion of the county in the Monterey Park 
area bounded by a line as follows: Beginning at the intersection of 
Valley Boulevard and Peck Road; then south along Peck Road to its 
intersection with Workman Mill Road; then southwest along Workman Mill 
Road to its intersection with Norwalk Boulevard; then southwest along 
Norwalk Boulevard to its intersection with Whittier Boulevard; then 
northwest along Whittier Boulevard to its intersection with Passons 
Boulevard; then southwest along Passons Boulevard to its intersection 
with Washington Boulevard; then northwest along Washington Boulevard to 
its intersection with Paramount Boulevard; then southwest along 
Paramount Boulevard to its intersection with East Slauson Avenue; then 
west along East Slauson Avenue to its intersection with U.S. Interstate 
710; then northwest along U.S. Interstate 710 to its intersection with 
U.S. Interstate 5; then northwest along U.S. Interstate 5 to its 
intersection with South Indiana Street; then north along South Indiana 
Street to its intersection with North Indiana Street; then north along 
North Indiana Street to its intersection with Cesar Chavez Avenue; then 
northwest along Cesar Chavez Avenue to its intersection with North Soto 
Street; then north along North Soto Street to its intersection with 
North Huntington Drive; then northeast along North Huntington Drive to 
its intersection with Del Mar Avenue; then south along Del Mar Avenue to 
its intersection with East Longden Drive; then east along East Longden 
Drive to its intersection with Longden Drive; then east along Longden 
Drive to its intersection with Encinita Avenue; then south along 
Encinita Avenue to its intersection with Las Tunas Drive; then east 
along Las Tunas Drive to its intersection with Temple City Boulevard; 
then south along Temple City Boulevard to its intersection with Olive 
Street; then east along Olive Street to its intersection with Baldwin 
Avenue; then south along Baldwin Avenue to its intersection with Lower 
Azusa Road; then east along Lower Azusa Road to its intersection with 
Arden Drive; then south along Arden Drive to its intersection with 
Valley Boulevard; then southeast along Valley Boulevard to the point of 
origin.

                                  Texas

    Cameron County. The entire county.
    Hidalgo County. The entire county.
    Willacy County. The entire county.

[48 FR 54580, Dec. 6, 1983]

[[Page 54]]


    Editorial Note: For Federal Register citations affecting 
Sec. 301.64-3, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.



Sec. 301.64-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State into or through those areas listed in 
Sec. 301.64(b) of this subpart only if moved under the following 
conditions: \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.64-5 and 301.64-8;
    (b) Without a certificate or limited permit, if:
    (1) Moved to any State not listed in Sec. 301.64(b) or
    (2)(i) Moved directly through (moved without stopping except under 
normal traffic conditions, such as for traffic lights or stop signs) any 
regulated area in an enclosed vehicle or completely enclosed by a 
covering adequate to prevent the introduction of the Mexican fruit fly 
(such as canvas, plastic , or closely woven cloth), and
    (ii) The article originated outside of any regulated area, and
    (iii) The point of origin of the article is clearly indicated by 
shipping documents and its identity has been maintained.

[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992]



Sec. 301.64-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector for the movement 
of a regulated article if such inspector:
    (1)(i) Determines that it has been treated under the direction of an 
inspector \4\ in accordance with Sec. 301.64-10; or
---------------------------------------------------------------------------

    \4\ Treatments shall be monitored by inspectors in order to assure 
compliance with the requirements in this subpart.
---------------------------------------------------------------------------

    (ii) Determines based on inspection of the premises of origin that 
the premises are free from the Mexican fruit fly and the article has not 
been exposed to Mexican fruit fly; or
    (iii) Determines based on inspection of the article that it is free 
from Mexican fruit fly; and
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican 
fruit fly; \5\ and
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to such article.
    (b) A limited permit shall be issued by an inspector for the 
movement of a regulated article if such inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved to a specified destination for specified handling, 
utilization, processing, or for treatment in accordance with 
Sec. 301.64-10 (such destination and other conditions to be specified on 
the limited permit), when, upon evaluation of all of the circumstances 
involved in each case, it is determined that such movement will not 
result in the spread of the Mexican fruit fly because life stages of the 
pest will be destroyed by such specified handling, utilization, 
processing, or treatment;
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) to prevent the spread of the Mexican 
fruit fly; \5\ and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines and regulations applicable to such 
article.
    (c) Certificates and limited permits for use for movement of 
regulated articles may be issued by an inspector or person engaged in 
the business of growing, handling, or moving regulated articles provided 
such person is operating under a compliance agreement. Any such person 
may execute and issue a certificate for the interstate movement

[[Page 55]]

of a regulated article if such person has treated such regulated article 
to destroy infestation in accordance with the provisions in Sec. 301.64-
10 and the inspector has made the determination that such article is 
otherwise eligible for a certificate in accordance with paragraph (a) of 
this section; or if the inspector has made the determination that such 
article is eligible for a certificate in accordance with paragraph (a) 
of this section without such treatment. Any such person may execute and 
issue a limited permit for interstate movement of a regulated article 
when the inspector has made the determination that such article is 
eligible for a limited permit in accordance with paragraph (b) of this 
section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if such inspector determines 
that the holder thereof has not complied with any conditions under the 
regulations for the use of such document. The reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances permit. Any 
person whose certificate or limited 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 certificate or limited permit was wrongfully withdrawn. 
The Deputy Administrator shall grant or deny the appeal, in writing, 
stating the reasons for such decision, as promptly as circumstances 
permit. If there is a conflict to any material fact, a hearing shall be 
held to resolve such conflict. Rules of Practice concerning such a 
hearing will be adopted by the Deputy Administrator.

[48 FR 54580, Dec. 6, 1983, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.64-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \6\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, wherein 
the person agrees to comply with the provisions of this subpart and any 
conditions imposed pursuant thereto.
---------------------------------------------------------------------------

    \6\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefore 
shall be confirmed in writing, as promptly as circumstances permit. Any 
person whose compliance agreement has been cancelled may appeal the 
decision, in writing, within ten (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 cancelled. The Deputy Administrator 
shall grant or deny the appeal, in writing, stating the reasons for such 
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. 
Rules of Practice concerning such a hearing will be adopted by the 
Deputy Administrator.

[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.64-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.64-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement),

[[Page 56]]

request an inspector \7\ to take any necessary action under this subpart 
prior to movement of the regulated article.
---------------------------------------------------------------------------

    \7\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Such article shall be assembled at such point and in such manner 
as the inspector designates as necessary to comply with the requirements 
of this subpart.

[48 FR 54580, Dec. 6, 1983, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.64-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at the times during such movement, 
shall be securely attached to the outside of the containers containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; Provided however, That 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping documents only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify such article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.64-9  Costs and charges.

    The service of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.64-10  Treatments.

    Treatments for regulated articles must be one of the following:
    (a) Apple, grapefruit, orange, pear, plum, pomegranate, quince, and 
tangerine. Cold treatment in accordance with the PPQ Treatment Manual, 
which is incorporated by reference at Sec. 300.1 of this chapter. For 
the full identification of this standard, see Sec. 300.1 of this 
chapter, ``Materials incorporated by reference''.
    (b) Soil within the dripline of plants that are producing or that 
have produced fruits listed in Sec. 301.64-2(a). Remove host fruits from 
host plants prior to treatment. Using ground equipment, drench the soil 
under the host plants with 5 lb a.i. diazinon per acre (0.12 lb or 2 oz 
avdp per 1,000 ft \2\) mixed with 130 gal of water per acre (3 gal per 
1,000 ft \2\). Apply at 14- to 16-day intervals as needed. Repeat 
applications if infestations become established. In addition to the 
above, follow all label directions for diazinon.
    (c) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with either 
malathion or spinosad bait spray. These treatments must take place at 6-
to 10-day intervals, starting a sufficient time before harvest (but not 
less than 30 days before harvest) to allow for completion of egg and 
larvae development of the Mexican fruit fly. Determination of the time 
period must be based on the day degrees model for Mexican fruit fly. 
Once treatment has begun, it must continue through the harvest period. 
The malathion bait spray treatment must be applied by aircraft or ground 
equipment at a rate of 2.4 oz of technical grade malathion and 9.6 oz of 
protein hydrolysate per acre. The spinosad bait spray treatment must be 
applied by aircraft or ground equipment at a rate of 0.01 oz of a USDA-
approved spinosad formulation and 48 oz of protein hydrolysate per acre. 
For ground applications, the mixture may be diluted with water to 
improve coverage.
    (d) Grapefruit and oranges. Methyl bromide in accordance with the 
PPQ Treatment Manual.

[[Page 57]]

    (e) Grapefruit, oranges, and tangerines. High-temperature forced air 
in accordance with the PPQ Treatment Manual.
    (f) Citrons, litchis, longans, persimmons, and white zapotes. Cold 
treatment in accordance with the PPQ Treatment Manual, which is 
incorporated by reference at Sec. 300.1 of this chapter, and in 
accordance with the following schedule:

------------------------------------------------------------------------
                Treatment                         Exposure  period
------------------------------------------------------------------------
33  deg.F or below.......................  18 days.
34  deg.F or below.......................  20 days.
35  deg.F or below.......................  22 days.
------------------------------------------------------------------------


[63 FR 68164, Dec. 10, 1998, as amended at 64 FR 37665, July 13, 1999; 
64 FR 71270, Dec. 21, 1999; 67 FR 8464, Feb. 25, 2002]



                            Subpart--Plum Pox

    Source: 65 FR 35264, June 2, 2000, unless otherwise noted.



Sec. 301.74  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, qurantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles a provided in sections 414, 421, and 434 of the Plant 
Protection Act (7 U.S.C. 7714, 7731, and 7754).

[65 FR 35264, June 2, 2000, as amended at 66 FR 21051, Apr. 27, 2001]



Sec. 301.74-1  Definitions.

    The following definitions apply to this subpart.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.74-4 of this subpart.
    Infestation (infested, infected). The presence of plum pox or 
circumstances or symptoms that makes it reasonable to believe that plum 
pox is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or other person 
authorized by the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Plum pox. A plant disease caused by plum pox potyvirus that can 
affect many Prunus (stone fruit) species, including, but not limited to, 
almond, apricot, nectarine, peach, plum, and sweet and tart cherry. The 
strain of plum pox in Pennsylvania does not affect cherry trees.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.74-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.74-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.74-2(a) or 
otherwise designated as a regulated article in accordance with 
Sec. 301.74-2(b), based on its susceptibility to the form or strain of 
plum pox detected in the quarantined area.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.74-2  Regulated articles.

    The following are regulated articles:
    (a) All plant material and plant parts of Prunus (stone fruit) 
species other

[[Page 58]]

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, except for seeds and fruit 
that is free of leaves and other plant parts. This includes, but is not 
limited to, trees, seedlings, root stock, budwood, branches, twigs, and 
leaves.
    (b) Any other product or article that an inspector determines to 
present a risk of spreading plum pox when the inspector notifies the 
person in possession of the product or article that it is subject to the 
restrictions in the regulations.



Sec. 301.74-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which plum pox 
has been detected through inspection and laboratory testing, or in which 
the Administrator has reason to believe that plum pox is present, or 
that the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which plum pox has been detected. Less than an entire State will be 
designated as a quarantined area if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of plum pox.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated article from 
an area temporarily designated as a quarantined area will be subject to 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (c) of this section or the designation will be 
terminated by the Administrator or an inspector. The owner or person in 
possession of an area for which the quarantine designation is terminated 
will be given notice of the termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                              Pennsylvania

Adams County. The townships of Latimore and Huntington.



Sec. 301.74-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    The interstate movement of any regulated article from a quarantined 
area \2\ is prohibited except when:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) The regulated article is moved by the United States Department 
of Agriculture:
    (1) For an experimental or scientific purpose;
    (2) Pursuant to a Departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of plum pox; 
and
    (4) With a tag or label bearing the number of the Departmental 
permit issued for the regulated article attached to the outside of the 
container of the regulated article or attached to the regulated article 
itself if not in a container; or
    (b) The regulated article originated outside the quarantined area 
and:
    (1) Is moved in an enclosed vehicle or is completely enclosed by a 
covering (such as canvas, plastic, or other closely woven cloth) 
adequate to prevent access by aphids or other transmission agents of 
plum pox while in the quarantined area;
    (2) The regulated article's point of origin is indicated on the 
waybill; and
    (3) The regulated article must not be uncovered, unpacked, or 
unloaded

[[Page 59]]

while moving through the quarantined area.



Sec. 301.74-5  Compensation.

    (a) Eligibility. The following individuals are eligible to receive 
compensation from the U.S. Department of Agriculture to mitigate losses 
or expenses incurred because of the plum pox quarantine and emergency 
actions:
    (1) Owners of commercial stone fruit orchards. The owner of a 
commercial stone fruit orchard will be eligible to receive compensation 
for losses associated with the destruction of trees in order to control 
plum pox pursuant to an emergency action notification issued by the 
Animal and Plant Health Inspection Service (APHIS).
    (2) Owners of fruit tree nurseries. The owner of a fruit tree 
nursery will be eligible to receive compensation for net revenue losses 
associated with the prohibition on the movement or sale of nursery stock 
as a result of the issuance of an emergency action notification by APHIS 
with respect to regulated articles within the nursery in order to 
control plum pox.
    (b) Amount of payment. Upon approval of a claim submitted in 
accordance with paragraph (c) of this section, individuals eligible for 
compensation under paragraph (a) of this section will be paid at the 
rates indicated in this paragraph.
    (1) Owners of commercial stone fruit orchards. Owners of commercial 
stone fruit orchards who meet the eligibility requirements of paragraph 
(a)(1) of this section will be compensated on a per-acre basis at a rate 
based on the age of the trees destroyed. If the trees were not destroyed 
by the date specified on the emergency action notification, the 
compensation payment will be reduced by 10 percent and by any tree 
removal costs incurred by the State or the U.S. Department of 
Agriculture (USDA). The maximum USDA compensation rate is 85 percent of 
the loss in value, adjusted for any State-provided compensation to 
ensure total compensation from all sources does not exceed 100 percent 
of the loss in value.

------------------------------------------------------------------------
                                                               Maximum
                                                            compensation
                                                              rate  ($/
                   Age of trees  (years)                     acre, equal
                                                              to 85% of
                                                               loss in
                                                               value)
------------------------------------------------------------------------
1.........................................................         4,805
2.........................................................         7,394
3.........................................................         9,429
4.........................................................        12,268
5.........................................................        14,505
6.........................................................        14,918
7.........................................................        15,000
8.........................................................        14,709
9.........................................................        14,383
10........................................................        14,015
11........................................................        13,601
12........................................................        13,136
13........................................................        12,613
14........................................................        12,024
15........................................................        11,361
16........................................................        10,616
17........................................................         9,854
18........................................................         9,073
19........................................................         8,272
20........................................................         7,446
21........................................................         6,594
22........................................................         5,789
23........................................................         5,035
24........................................................         4,341
25........................................................         3,713
------------------------------------------------------------------------

    (2) Owners of fruit tree nurseries. Owners of fruit tree nurseries 
who meet the eligibility requirements of paragraph (a)(2) of this 
section will be compensated for up to 85 percent of the net revenues 
lost from their first and second year crops as the result of the 
issuance of an emergency action notification which will be calculated as 
follows:
    (i) First year crop. The net revenue loss for trees that were 
expected to be sold in the year during which the emergency action 
notification was issued (i.e., the first year crop) will be calculated 
as (expected number of trees to be sold) x (average price per tree) - 
(digging, grading, and storage costs) = net revenue lost for first year 
crop, where:
    (A) The expected number of trees to be sold equals the number of 
trees in the field minus 2 percent culls minus 3 percent unsold trees; 
and
    (B) The average price per tree is $4.65; and
    (C) Digging, grading and storage costs are $0.10 per tree.
    (ii) Second year crop. The net revenue loss for trees that would be 
expected to be sold in the year following the year during which the 
emergency action notification was issued (i.e., the second

[[Page 60]]

year crop) will be calculated as (expected number of trees to be sold) x 
(average price per tree) = net revenue lost for second year crop, where:
    (A) The expected number of trees to be sold equals the number of 
budded trees in the field minus 20 percent death loss minus 2 percent 
culls; and
    (B) The average price per tree is $4.65 for plum and apricot trees 
and $3.30 for peach and nectarine trees.
    (c) How to apply. The form necessary to submit a claim for 
compensation may be obtained from the Plum Pox Cooperative Eradication 
Program, USDA, APHIS, PPQ, 401 East Louther Street, Suite 102, Carlisle, 
PA 17013-2625. The completed claim form must be sent to the same 
address. Claims for trees or nursery stock destroyed on or before the 
effective date of this rule must be received within 60 days after the 
effective date of this rule. Claims for trees or nursery stock destroyed 
after the effective date of this rule must be received within 60 days 
after the destruction of the trees or nursery stock. Claims must be 
submitted as follows:
    (1) Claims by owners of commercial stone fruit orchards. The 
completed application must be accompanied by a copy of the PDA or APHIS 
document ordering the destruction of the trees, its accompanying 
inventory that describes the acreage and ages of trees removed, and 
documentation verifying that the destruction of trees has been completed 
and the date of that destruction.
    (2) Claims by owners of fruit tree nurseries. The completed 
application must be accompanied by a copy of the order prohibiting the 
sale or movement of the nursery stock, its accompanying inventory that 
describes the total number of trees and the age and variety, and 
documentation describing the final disposition of the nursery stock.
    (d) Replanting. Premises on which trees have been destroyed because 
of plum pox pursuant to an emergency action notification issued by APHIS 
may not be replanted with susceptible Prunus species (Prunus species 
identified as regulated articles) for 3 years.

(Approved by the Office of Management and Budget under control number 
0579-0159)

[65 FR 55435, Sept. 14, 2000]



                         Subpart--Citrus Canker

    Source: 50 FR 51231, Dec. 13, 1985, unless otherwise noted.

                  Notice of Quarantine and Regulations



Sec. 301.75-1  Definitions.

    ACC coverage. The crop insurance coverage against Asiatic citrus 
canker (ACC) provided under the Florida Fruit Tree Pilot Crop Insurance 
Program authorized by the Federal Crop Insurance Corporation.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. An official document of the United States Department of 
Agriculture authorizing the interstate movement of a regulated article 
from a quarantined area into any area of the United States.
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas axonopodis pv. citri.
    Commercial citrus grove. An establishment maintained for the primary 
purpose of producing citrus fruit for commercial sale.
    Commercial citrus-producing area. Any area designated as a 
commercial citrus-producing area in accordance with Sec. 301.75-5 of 
this subpart.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
growing or handling regulated articles for interstate movement, in which 
the person pledges to comply with this subpart.
    Departmental permit. An official document of the United States 
Department

[[Page 61]]

of Agriculture authorizing the movement of a regulated article from a 
quarantined area.
    Departmental tag or label. An official tag or label of the United 
States Department of Agriculture, which, attached to a regulated article 
or its container, indicates that the regulated article is eligible for 
interstate movement with a Departmental permit.
    Exposed. Determined by an inspector to be at risk for developing 
citrus canker because of proximity during the past 2 years to infected 
plants, or to personnel, vehicles, equipment, or other articles that may 
have been contaminated with bacteria that cause citrus canker.
    Grove. Any tree or stand of trees maintained to produce fruit and 
separated from other trees by a boundary, such as a fence, stream, road, 
canal, irrigation ditch, hedgerow, open space, or sign or marker 
denoting change of fruit variety.
    Infected. Containing bacteria that cause citrus canker.
    Infestation. The presence of a plant or plants infected with citrus 
canker at a particular location, except when the plant or plants 
contracted the infection at a previous location and the infection has 
not spread to any other plant at the present location.
    Inspector. An individual authorized by the Administrator to perform 
the specified duties.
    Interstate. From any State into or through any other State.
    Limited permit. An official document of the United States Department 
of Agriculture authorizing the interstate movement of a regulated 
article from a quarantined area, but restricting the areas of the United 
States into which the regulated article may be moved.
    Move. Ship, carry, transport, offer for shipment, receive for 
shipment, or allow to be transported by any means.
    Movement. The act of shipping, carrying, transporting, offering for 
shipment, receiving for shipment, or allowing to be transported by any 
means.
    Nursery. Any premises, including greenhouses but excluding any 
grove, at which plants are grown or maintained for propagation or 
replanting.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Public order. Either an ``Agreement to Destroy and Covenant Not to 
Sue'' signed by the grove owner and the Florida Department of Food and 
Consumer Services, Division of Plant Industry (DPI), or an ``Immediate 
Final Order'' issued by DPI, both of which identify citrus trees 
infected with or exposed to citrus canker and order their destruction.
    Quarantined area. Any area designated as a quarantined area in 
accordance with Sec. 301.75-4 of this subpart.
    Regulated article. Any article listed in Sec. 301.75-3 (a) or (b) of 
this subpart or designated as a regulated article in accordance with 
Sec. 301.75-3(c) of this subpart.
    Regulated fruit, regulated plant, regulated seed, regulated tree. 
Any fruit, plant, seed, or tree defined as a regulated article.
    State. Each of the 50 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.
    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 and possessions of the United 
States.

[55 FR 37450, Sept. 11, 1990, as amended at 61 FR 1521, Jan. 22, 1996; 
65 FR 61080, Oct. 16, 2000; 66 FR 32717, June 18, 2001]



Sec. 301.75-2  General prohibitions.

    (a) Regulated articles may not be moved interstate from a 
quarantined area expect in accordance with this subpart.
    (b) Regulated articles moved from a quarantined area with a limited 
permit may not be moved interstate into any commercial citrus-producing 
area, except as follows: The regulated articles may be moved through a 
commercial citrus-producing area if they are covered, or enclosed in 
containers or in a compartment of a vehicle, while in the commercial 
citrus-producing area, and are not unloaded in the commercial

[[Page 62]]

citrus-producing area without the permission of an inspector.
    (c) Regulated articles moved interstate with a limited permit to an 
area of the United States that is not a commercial citrus-producing area 
may not subsequently be moved interstate into any commercial citrus-
producing area.

[55 FR 37450, Sept. 11, 1990; 55 FR 48208, Nov. 19, 1990]



Sec. 301.75-3  Regulated articles.

    (a) Plants or plant parts, including fruit and seeds, or any of the 
following: All species, clones, cultivars, strains, varieties, and 
hybrids of the genera Citrus and Fortunella, and all clones, cultivars, 
strains, varieties, and hybrids of the species Clausena lansium and 
Poncirus trifoliata. The most common of these are: lemon, pummelo, 
grapefruit, key lime, persian lime, tangerine, satsuma, tangor, citron, 
sweet orange, sour orange, mandarin, tangelo, ethrog, kumquat, limequat, 
calamondin, trifoliate orange, and wampi.
    (b) Grass, plant, and tree clippings.
    (c) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
citrus canker and the person in possession thereof has actual notice 
that the product, article, or means of conveyance is subject to the 
provisions of this subpart.

[50 FR 51231, Dec. 13, 1985, as amended at 54 FR 12180, Mar. 24, 1989. 
Redesignated and amended at 55 FR 37450, Sept. 11, 1990]



Sec. 301.75-4  Quarantined areas.

    (a) The following States or portions of States are designated as 
quarantined areas:

                                 Florida

    Broward and Dade Counties. That portion of the counties bounded by a 
line drawn as follows: Beginning at the intersection of the shoreline of 
the Atlantic Ocean and the Broward/Palm Beach County line; then west 
along the Broward/Palm Beach County line to the eastern boundary of the 
Loxahatchee Conservation Area; then south along the eastern boundary of 
the Loxahatchee Conservation Area to the Sawgrass Expressway; then south 
along the Sawgrass Expressway to Interstate Highway 75; then north along 
Interstate Highway 75 to U.S. Highway 27; then south along U.S. Highway 
27 to the Florida Turnpike Homestead Extension; then south along the 
Florida Turnpike Homestead Extension to NW 58th Street; then west along 
NW 58th Street to Krome Avenue (NW 177th Avenue); then south along Krome 
Avenue (NW and SW 177th Avenue) to U.S. Highway 41 (Tamiami Trail); then 
west along U.S. Highway 41 (Tamiami Trail) to sec. 11, 14, 23, 26, 35, 
and lot 2, T. 54, R. 38; then south along sec. 11, 14, 23, 26, 35, and 
lot 2, T. 54, R. 38, to sec. 2 and 11, T. 55, R. 38; then south along 
sec. 2 and 11, T. 55, R. 38, to SW 197th Avenue; then south along SW 
197th Avenue to SW 152nd Street; then west along SW 152nd Street to the 
L-31N Canal; then south and west along the L-31N Canal to the shoreline 
of the Florida Bay; then east along the shoreline of the Florida Bay to 
the shoreline of the Atlantic Ocean; then north along the shoreline of 
the Atlantic Ocean to the point of beginning.
    Collier County. That portion of the county bounded by a line drawn 
as follows: Beginning at the intersection of State Highway 29 and County 
Road 858; then west along County Road 858 to sec. 13, T. 48 S., R. 29 
E.; then north along sec. 13, T. 48 S., R. 29 E., to sec. 25, T. 47 S., 
R. 29 E.; then east along sec. 25, T. 47 S., R. 29 E., to sec. 30, T. 47 
S., R. 30 E.; then north along sec. 30, T. 47 S., R. 30 E., to sec. 19, 
T. 47 S., R. 30 E.; then east along sec. 19, T. 47 S., R. 30 E., to sec. 
20, T. 47 S., R. 30 E.; then south along sec. 20, T. 47 S., R. 30 E., to 
sec. 29, T. 47 S., R. 30 E.; then east along sec. 29, T. 47 S., R. 30 
E., to sec. 28, T. 47 S., R. 30 E.; then south along sec. 28, T. 47 S., 
R. 30 E., to sec. 33, T. 47 S., R. 30 E.; then east along sec. 33, T. 47 
S., R. 30 E., to the Collier/Hendry County line; then south along the 
Collier/Hendry County line to sec. 25, T. 48 S., R. 30 E.; then west 
along sec. 25, T. 48 S., R. 30 E., to State Highway 29; then north along 
State Highway 29 to the point of beginning.
    Hendry County. That portion of the county bounded by a line drawn as 
follows: Beginning at the northwest corner of sec. 7, T. 48 S., R. 33 
E.; then east along sec. 7, T. 48 S., R. 33 E., to Government Road; then 
north along Government Road to State Road 833; then north along State 
Road 833 to sec. 11, T. 48 S., R. 33 E.; then east along sec. 11, T. 48 
S., R. 33 E., to sec. 24, T. 48 S., R. 33 E.; then west along sec. 24, 
T. 48 S., R. 33 E., to sec. 19, T. 48 S., R. 33 E.; then north along 
sec. 19, T. 48 S., R. 33 E., to the point of beginning.
    That portion of the county bounded by a line drawn as follows: 
Beginning at the intersection of State Road 835 and Deer Fence Road; 
then north along Deer Fence Road to sec. 6; then east along sec. 6 to 
sec. 2; then south along sec. 2 to sec. 35; then west along sec. 35 to 
the point of beginning.
    Manatee County. That portion of the county bounded by a line drawn 
as follows:

[[Page 63]]

    Beginning at the northwest corner of sec. 24, T. 33 S., R. 17 E.; 
then east along the northern boundary of sec. 24, T. 33. S., R. 17 E. 
(Bishop Harbor Road) until it becomes SR 683 (Moccasin Wallow Road); 
then east on SR 683 to the northeast boundary of sec. 22, T. 33 S., R. 
18 E., then south along the eastern boundary of sec. 22, T. 33 S., R. 18 
E. to 69th Street East; then east on 69th Street East to Erie Road; then 
south on Erie Road to U.S. Highway 301; then south on U.S. Highway 301 
to Interstate 75; then south on Interstate 75 to the southern boundary 
of sec. 24, T. 35 S., R. 18 E.; then west along the southern boundaries 
of secs. 24, 23, and 22 to where the southern boundary of sec. 22 meets 
Whitfield Avenue; then west on Whitfield Avenue to U.S. Highway 301; 
then north on U.S. Highway 301 to SR 70; then west on SR 70 to U.S. 
Highway 41; then north on U.S. Highway 41 to where it becomes 14th 
Street West; then north on 14th Street West to 1st Avenue West; then 
east on 1st Avenue West to 9th Street West; then north on 9th Street 
West to the north bank of the Manatee River; then west along the north 
bank of the Manatee River to Terra Ceia Bay; then north along the 
western boundaries of secs. 25 and 24 to the point of the beginning.

    (b) The Administrator may designate any non-quarantined area as a 
quarantined area in accordance with paragraphs (c) and (d) of this 
section upon giving written notice of this designation to the owner or 
persons in possession of the non-quarantined area. Thereafter, regulated 
articles may be moved interstate from that area only in accordance with 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (a) of this section, or the Administrator will 
terminate the designation. The owner or person in possession of an area 
for which designation is terminated will be given written notice as soon 
as practicable.
    (c) Any State or portion of a State where an infestation is detected 
will be designated as a quarantined area and will remain so until the 
area has been without infestation for 2 years.
    (d) Less than an entire State will be designated as a quarantined 
area only if all of the following conditions are met:
    (1) Survey. No area has been designated a survey area.
    (2) Intrastate movement of regulated articles. The State enforces 
restrictions on the intrastate movement of regulated articles from the 
guarantined area that are at least as stringent as those on the 
interstate movement of regulated articles from the guarantined area, 
except as follows:
    (i) Regulated fruit may be moved intrastate from a quarantined area 
for processing into a product other than fresh fruit if all of the 
following conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for processing, 
and the date the intrastate movement began,
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.
    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301-11(d) 
of this subpart before leaving the premises where the regulated fruit is 
unloaded for processing, and
    (D) All leaves, litter, and culls collected from the shipment of 
regulated fruit at the processing facility are either incinerated at the 
processing facility or buried at a public landfill that is fenced, 
prohibits the removal of dumped material, and covers dumped material 
with dirt at the end of every day that dumping occurs.
    (ii) Regulated fruit may be moved intrastate from a quarantined area 
for packing, either for subsequent interstate movement with a limited 
permit or for export from the United States, if all of the following 
conditions are met:
    (A) The regulated fruit is accompanied by a document that states the 
location of the grove in which the regulated fruit was produced, the 
variety and quantity of regulated fruit being moved intrastate, the 
address to which the regulated fruit will be delivered for packing, and 
the date the intrastate movement began.
    (B) The regulated fruit and any leaves and litter are completely 
covered, or enclosed in containers or in a compartment of a vehicle, 
during the intrastate movement.

[[Page 64]]

    (C) The vehicles, covers, and any containers used to carry the 
regulated fruit intrastate are treated in accordance with Sec. 301.75-
11(d) of this subpart before leaving the premises where the regulated 
fruit is unloaded for packing.
    (D) At the packing plant, the regulated fruit is stored separately 
from and has no contact with fruit eligible for interstate movement to 
commercial citrus-producing areas. Any equipment that comes in contact 
with the regulated fruit at the packing plant is treated in accordance 
with Sec. 301.75-11(d) of this subpart before being used to handle any 
fruit eligible for interstate movement to commercial citrus-producing 
areas, and
    (E) All leaves and litter collected from the shipment of regulated 
fruit at the packing plant are either incinerated at the packing plant 
or buried at a public landfill that is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs. All culls collected from the shipment of 
regulated fruit are either processed into a product other than fresh 
fruit, incinerated at the packing plant, or buried at a public landfill 
that is fenced, prohibits the removal of dumped material, and covers 
dumped material with dirt at the end of every day that dumping occurs. 
Any culls moved intrastate for processing must be completely covered, or 
enclosed in containers or in a compartment of a vehicle, during the 
intrastate movement, and the vehicles, covers, and any containers used 
to carry the regulated fruit must be treated in accordance with 
Sec. 301.75-11(d) of this subpart before leaving the premises where the 
regulated fruit is unloaded for processing.
    (iii) Grass, tree, and plant clippings may be moved intrastate from 
the quarantined area for disposal in a public landfill or for composting 
in a recycling facility, if all of the following conditions are met:
    (A) The public landfill or recycling facility is located within the 
survey area described in paragraph (d)(1) of this section,
    (B) The grass, tree, or plant clippings are completely covered 
during the movement from the quarantined area to the public landfill or 
recycling facility, and
    (C) Any public landfill used is fenced, prohibits the removal of 
dumped material, and covers dumped material with dirt at the end of 
every day that dumping occurs.

[55 FR 37450, Sept. 11, 1990; 55 FR 42698, Oct. 23, 1990, as amended at 
55 FR 49502, Nov. 29, 1990; 56 FR 8102, Feb. 27, 1991; 57 FR 49374, Nov. 
2, 1992; 59 FR 25288, May 16, 1994; 61 FR 1521, Jan. 22, 1996; 64 FR 
4780, Feb. 1, 1999; 65 FR 53530, Sept. 5, 2000; 65 FR 57723, Sept. 26, 
2000; 67 FR 9390, Mar. 1, 2002; 67 FR 13084, Mar. 21, 2002; 67 FR 18463, 
Apr. 16, 2002; 67 FR 30771, May 8, 2002]



Sec. 301.75-5  Commercial citrus-producing areas.

    (a) The following are designated as commercial citrus-producing 
areas:

AmericanSamoa
Arizona
California
Florida
Guam
Hawaii
Louisiana
Northern Mariana Islands
Puerto Rico
Texas
Virgin Islands of the United States

    (b) The list in paragraph (a) of this section is intended to include 
jurisdictions which have commercial citrus-producing areas. Less than an 
entire State may be designated as a commercial citrus-producing area 
only if the Administrator determines that the area not included as a 
commercial citrus-producing area does not contain commercial citrus 
plantings; that the State has adopted and is enforcing a prohibition on 
the intrastate movement from areas not designated as commercial citrus-
producing areas to commercial citrus-producing areas of fruit which are 
designated as regulated articles and which were moved interstate from a 
quarantined State pursuant to a limited permit; and that the designation 
of less than the entire State as a commercial citrus-producing area will 
otherwise be adequate to prevent the interstate spread of citrus canker.

[50 FR 51231, Dec. 13, 1985, 51 FR 2873, Jan. 22, 1986; as amended at 53 
FR 13242, Apr. 22, 1988; 53 FR 44173, Nov. 2, 1988. Redesignated at 55 
FR 37450, Sept. 11, 1990]

[[Page 65]]



Sec. 301.75-6  Interstate movement of regulated articles from a quarantined area, general requirements.

    No regulated article may be moved interstate from a quarantined area 
unless all of the following conditions are met:
    (a) Inspections. (1) In the quarantined area, every regulated plant 
and regulated tree, except indoor houseplants and regulated plants and 
regulated trees at nurseries, is inspected for citrus canker at least 
once a year, during May 1 through December 31, by an inspector, on foot.
    (2) In the quarantined area, every regulated plant and regulated 
tree at every nursery containing regulated plants or regulated trees is 
inspected for citrus canker by an inspector at intervals of no more than 
45 days.
    (b) Treatment of personnel, vehicles, and equipment. In the 
quarantined area, all vehicles, equipment, and other articles used in 
providing inspection, maintenance, harvesting, or related services in 
any grove containing regulated plants or regulated trees, or in 
providing landscaping or lawn care services on any premises containing 
regulated plants or regulated trees, must be treated in accordance with 
Sec. 301.75-11(d) of this subpart upon leaving the grove or premises. 
All personnel who enter the grove or permises to provide these services 
must be treated in accordance with Sec. 301.75-11(c) of this subpart 
upon leaving the grove or premises.
    (c) Destruction of infected plants and trees. No more than 7 days 
after a State or Federal laboratory confirms that a regulated plant or 
regulated tree is infected, the State must provide written notice to the 
owner of the infected plant or infected tree that the infected plant or 
infected tree must be destroyed. The owner must have the infected plant 
or infected tree destroyed within 45 days after receiving the written 
notice.

[55 FR 37451, Sept. 11, 1990]



Sec. 301.75-7  Interstate movement of regulated fruit from a quarantined area.

    (a) Regulated fruit produced in a quarantined area. Regulated fruit 
may be moved interstate from a quarantined area into any area of the 
United States except commercial citrus-producing areas if all of the 
following conditions are met:
    (1) During the year before the interstate movement, the grove 
producing the regulated fruit received regulated plants only from the 
following nurseries:
    (i) Nurseries located outside any quarantined areas, or
    (ii) Nurseries where an inspector has found every regulated plant 
free of citrus canker on each of three successive inspections conducted 
at intervals of no more than 45 days, with the third inspection no more 
than 45 days before shipment.
    (2) During the 2 years before the interstate movement, no plants or 
plant parts infected with citrus canker were found in the grove 
producing the regulated fruit and any exposed plants in the grove at 
high risk for developing citrus canker have been destroyed. 
Identification of exposed plants at high risk for developing citrus 
canker will be based on an evaluation of all of the circumstances 
related to their exposure, including, but not limited to, the following:
    (i) The stage of maturity of the exposed plant at the time of 
exposure, the size and degree of infestation to which the plants were 
exposed.
    (ii) The proximity of exposed plants to infected plants or 
contaminated articles at the time of exposure, and
    (iii) The length of time the plants were exposed.
    (3) No more than 30 days before the beginning of harvest, an 
inspector walked through the grove, inspected every tree, and found the 
grove free of citrus canker, and, in groves producing limes, an 
inspector walked through the grove every 120 days or less thereafter for 
as long as harvest continued, inspected every lime tree on each walk-
through, and continued to find the grove free of citrus canker.
    (4) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
    (5) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the fruit.

[[Page 66]]

    (6) The regulated fruit is accompanied by a limited permit issued in 
accordance with Sec. 301.75-12 of this subpart.
    (b) Regulated fruit not produced in a quarantined area. Regulated 
fruit not produced in a quarantined area but moved into a quarantined 
area for packing may be subsequently moved out of the quarantined area 
only if all the conditions of either paragraph (b)(1) or (b)(2) of this 
section are met.
    (1) Conditions for subsequent movement into any area of the United 
States except commercial citrus-producing areas. (i) The regulated fruit 
was accompanied to the packing plant by a bill of lading stating the 
location of the grove in which the regulated fruit was produced.
    (ii) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
    (iii) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than one inch long and attached to 
the regulated fruit.
    (iv) The regulated fruit is accompanied by a limited permit issued 
in accordance with Sec. 301.75-12 of this subpart.
    (2) Conditions for subsequent movement into any area of the United 
States including commercial citrus-producing areas. (i) The regulated 
fruit is accompanied by a bill of lading that states the location of the 
grove where the fruit was produced, the variety and quantity of fruit, 
the address to which the fruit will be delivered for packing, and the 
date the movement of the fruit began.
    (ii) The regulated fruit is moved through the quarantined area 
without being unloaded and no regulated article is added to the shipment 
in the quarantined area.
    (iii) The regulated fruit is completely covered, or enclosed in 
containers or in a compartment of a vehicle, both during its movement to 
a packing plant in a quarantined area and during its movement from a 
packing plant in a quarantined area to destinations outside that 
quarantined area.
    (iv) At the packing plant, regulated fruit produced outside the 
quarantined areas is stored separately from and has had no contact with 
regulated fruit produced in a quarantined area. Any equipment at the 
packing plant that comes in contact with regulated fruit produced in a 
quarantined area is treated in accordance with Sec. 310.75-11(d) of this 
subpart before being used to handle any regulated fruit not produced in 
a quarantined area.
    (v) The regulated fruit is treated at the packing plant in 
accordance with Sec. 301.75-11(a) of this subpart.
    (vi) Due to the likelihood that they will be commingled with similar 
regulated articles collected from regulated fruit produced in a 
quarantined area, all leaves, litter, and culls collected from the 
shipment of regulated fruit at the packing plant are handled as 
prescribed in Sec. 301.75-4(d)(2)(ii)(E) of this subpart.
    (vii) The regulated fruit is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

[55 FR 37452, Sept. 11, 1990, as amended at 64 FR 60091, Nov. 4, 1999]



Sec. 301.75-8  Interstate movement of regulated seed from a quarantined area.

    Regulated seed may be moved interstate from a quarantined area into 
any area of the United States if all of the following conditions are 
met:
    (a) During the 2 years before the interstate movement, no plants or 
plant parts infected with or exposed to citrus canker were found in the 
grove or nursery producing the fruit from which the regulated seed was 
extracted.
    (b) The regulated seed was treated in accordance with Sec. 301.75-
11(b) of this subpart.
    (c) The regulated seed is accompanied by a certificate issued in 
accordance with Sec. 301.75-12 of this subpart.

[55 FR 37452, Sept. 11, 1990]



Sec. 301.75-9  Interstate movement of regulated articles from a quarantined area for experimental or scientific purposes.

    A regulated article may be moved interstate from a quarantined area 
if:

[[Page 67]]

    (a) Moved by the United States Department of Agriculture for 
experimental or scientific purposes;
    (b) Moved pursuant to a Departmental permit issued for such article 
by the Administrator;
    (c) Moved in accordance with conditions specified on the 
Departmental permit and determined by the Administrator to be adequate 
to prevent the spread of citrus canker, i.e., conditions of treatment, 
processing, growing, shipment, disposal; and
    (d) Moved 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, with such tag or label bearing 
a Departmental permit number corresponding to the number of the 
Departmental permit issued for such article.

[50 FR 51231, Dec. 13, 1985. Redesignated and amended at 55 FR 37450, 
Sept. 11, 1990]



Sec. 301.75-10  Interstate movement of regulated articles through a quarantined area.

    Any regulated article not produced in a quarantined area may be 
moved interstate through a quarantined area, without a certificate, 
limited permit, or Departmental permit, if all of the following 
conditions are met:
    (a) The regulated article is accompanied by either: A receipt 
showing that the regulated article was purchased outside the quarantined 
area, or a bill of lading stating the location of the premises where the 
shipment originated, the type and quantity of regulated articles being 
moved interstate, and the date the interstate movement began.
    (b) The regulated article is moved through the quarantined area 
without being unloaded, and no regulated article, except regulated fruit 
that qualifies for interstate movement from the quarantined area in 
accordance with Sec. 301.75-7 of this subpart, is added to the shipment 
in the quarantined area.
    (c) The regulated article is completely covered, or enclosed in 
containers or in a compartment of a vehicle, during movement through the 
quarantined area, except that, covering or enclosure is not required if 
the regulated article is moved through the quarantined area without 
stopping, except for refueling or for traffic conditions, such as 
traffic lights or stop signs.

[55 FR 37452, Sept. 11, 1990]



Sec. 301.75-11  Treatments.

    (a) Regulated fruit. Regulated fruit for which treatment is required 
by this subpart must be treated in one of the following ways in the 
presence of an inspector, or at a facility whose owner operates under a 
compliance agreement:
    (1) The regulated fruit must be thoroughly wetted for at least 2 
minutes with a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5, or
    (2) The regulated fruit must be thoroughly wetted with a solution 
containing sodium o-phenyl phenate (SOPP) at a concentration of 1.86 to 
2.0 percent of the total solution, for 45 seconds if the solution has 
sufficient soap or detergent to cause a visible foaming action or for 1 
minute if the solution does not contain sufficient soap to cause a 
visible foaming action.
    (3) Sodium hypochlorite and SOPP must be applied in accordance with 
label directions.
    (b) Regulated seed. Regulated seed for which treatment is required 
by this subpart must be extracted from fruit that has been treated in 
accordance with paragraph (a) of this section. The regulated seed must 
then be cleaned free of pulp, immersed for 10 minutes in water heated to 
125  deg.F. (51.6  deg.C.) or higher, then immersed for at least 2 
minutes in a solution containing 200 parts per million sodium 
hypochlorite, with the solution maintained at a pH of 6.0 to 7.5.
    (c) Personnel. All personnel for which treatment is required by this 
subpart must clean their hands using one of the following disinfectants:
    (1) Gallex 1027 Antimicrobial Soap;
    (2) Hibiclens;
    (3) Hibistat;
    (4) Sani Clean Hand Soap; or
    (5) Seventy Percent Isopropyl Alcohol.
    (d) Vehicles, equipment, and other articles. All vehicles, 
equipment, and other

[[Page 68]]

articles for which treatment is required by this subpart must be cleaned 
and disinfected by removing all plants, leaves, twigs, fruit, and other 
plant parts from all areas of the equipment or vehicles, including in 
cracks, under chrome strips, and on the undercarriage of vehicles, and 
by wetting all surfaces (including the inside of boxes and trailers), to 
the point of runoff, with one of the following disinfectants:
    (1) A 200-ppm solution of sodium hypochlorite with a pH of 6.0 to 
7.5;
    (2) A 0.2-percent solution of a quaternary ammonium chloride (QAC) 
compound;
    (3) A solution of hot water and detergent, under high pressure (at 
least 30 pounds per square inch), at a minimum temperature of 160 
deg.F; or
    (4) Steam, at a minimum temperature of 160  deg.F. at the point of 
contact.

[50 FR 51231, Dec. 13, 1985, as amended at 53 FR 4006, Feb. 11, 1988; 54 
FR 12183, Mar. 24, 1989. Redesignated and amended at 55 FR 37450, Sept. 
11, 1990]



Sec. 301.75-12  Certificates and limited permits.

    (a) Issuance and withdrawal. (1) Certificates and limited permits 
may be issued for the interstate movement of regulated articles only by 
an inspector or by persons operating under a compliance agreement.
    (2) A certificate or limited permit may be withdrawn by an inspector 
if the inspector determines that any of the applicable requirements of 
this subpart have not been met. The decision of the inspector and the 
reason for the withdrawal must be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit is 
withdrawn may appeal the decision in writing to the Administrator within 
10 days after receiving the written notification. The appeal must state 
all of the facts and reasons upon which the person relies to show that 
the certificate or limited permit was wrongfully withdrawn. The 
Administrator must 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 will be held to resolve 
the conflict. Rules of practice concerning the hearing will be adopted 
by the Administrator.
    (b) Attachment and disposition. (1) Certificates and limited permits 
accompanying regulated articles interstate must be attached during the 
interstate movement to one of the following:
    (i) The outside of the regulated article, if the regulated article 
is not packed in a container, or
    (ii) The outside of the container in which the regulated article is 
packed, or
    (iii) The consignee's copy of the accompanying waybill, but only if 
the regulated article is described on the certificate, limited permit, 
or waybill in a way that allows the regulated article to be identified.
    (2) Certificates and limited permits accompanying regulated articles 
interstate must be given to the consignee at the point of destination.

[55 FR 37453, Sept. 11, 1990]



Sec. 301.75-13  Compliance agreements.

    (a) Eligibility. Any person engaged in the business of growing or 
handling regulated articles for interstate movement may enter into a 
compliance agreement with the Animal and Plant Health Inspection Service 
to facilitate the interstate movement of regulated articles in 
accordance with this subpart. Compliance agreements may be arranged by 
contacting a local office of Plant Protection and Quarantine, Animal and 
Plant Health Inspection Service (listed in local telephone directories), 
or by contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 River 
Road Unit 134, Riverdale, Maryland 20737-1236.
    (b) Cancellation. Any compliance agreement may be cancelled orally 
or in writing by an inspector if the inspector finds that the person who 
entered into the compliance agreement has failed to comply with this 
subpart. If the person is given notice of cancellation orally, written 
confirmation of the decision and the reasons for it must be provided as 
promptly as circumstances allow. Any person whose compliance agreement 
is cancelled may appeal the decision in writing to the Administrator 
within 10 days after receiving

[[Page 69]]

the written notification. The appeal must state all of the facts and 
reasons upon which the person relies to show that the compliance 
agreement was wrongfully cancelled. The Administrator must 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 will be held to resolve the conflict. Rules of 
practice concerning the hearing will be adopted by the Administrator.

[55 FR 37453, Sept. 11, 1990, as amended at 59 FR 67608, Dec. 30, 1994]



Sec. 301.75-14  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
United States Department of Agriculture will not be responsible for any 
costs or charges incident to inspections or compliance with the 
provisions in this subpart, other than for the services of the 
inspector.

[50 FR 51231, Dec. 13, 1985. Redesignated at 55 FR 37450, Sept. 11, 
1990]



Sec. 301.75-15  Funds for the replacement of commercial citrus trees.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive funds to replace 
commercial citrus trees in accordance with the provisions of this 
section.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive funds to replace commercial citrus trees removed to 
control citrus canker if the trees were removed pursuant to a public 
order between 1986 and 1990 or on or after September 28, 1995.
    (b) Tree replacement payments. The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
funds to replace commercial citrus trees will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment of $26 per tree up to the following per-acre maximum 
payments:

------------------------------------------------------------------------
                                                                Maximum
                           Variety                              payment
                                                               per acre
------------------------------------------------------------------------
Grapefruit, red seedless....................................      $2,704
Orange, Valencia............................................       3,198
Orange, early/midseason/navel...............................       3,068
Tangelo.....................................................       2,964
Lime........................................................       4,004
Other or mixed citrus.......................................       2,704
------------------------------------------------------------------------

    (c) How to apply for tree replacement funds. The form necessary to 
apply for funds to replace commercial citrus trees may be obtained from 
any local citrus canker eradication program office in Florida, or from 
the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, 
Plantation, FL 33313. The completed application should be accompanied by 
a copy of the public order directing the destruction of the trees and 
its accompanying inventory that describes the number and the variety of 
trees removed. Your completed application must be sent to the USDA 
Citrus Canker Eradication Program, Attn: Commercial Tree Replacement 
Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter 
Haven, FL 33881. Claims for trees destroyed on or before October 16, 
2000, must have been received on or before December 15, 2000. Claims for 
trees destroyed after October 16, 2000, must be received within 60 days 
after the destruction of the trees. The Administrator may, on a case-by-
case basis, approve the consideration of late claims when it appears 
that the claim was late through no fault of the owner of the trees, in 
the opinion of the Administrator. However, any request for consideration 
of a late claim must be submitted to the Administrator on or before 
August 19, 2002 for trees destroyed on or before August 17, 2001, and 
within 1 year after the destruction of the trees for trees destroyed 
after August 17, 2001.

(Approved by the Office of Management and Budget under control number 
0579-0163)

[65 FR 61080, Oct. 16, 2000, as amended at 66 FR 43066, Aug. 17, 2001]



Sec. 301.75-16  Payments for the recovery of lost production income.

    Subject to the availability of appropriated funds, the owner of a 
commercial citrus grove may be eligible to receive payments in 
accordance with the

[[Page 70]]

provisions of this section to recover income from production that was 
lost as the result of the removal of commercial citrus trees to control 
citrus canker.
    (a) Eligibility. The owner of a commercial citrus grove may be 
eligible to receive payments to recover income from production that was 
lost as the result of the removal of commercial citrus trees to control 
citrus canker if the trees were removed pursuant to a public order 
between 1986 and 1990 or on or after September 28, 1995.
    (b) Calculation of payments. (1) The owner of a commercial citrus 
grove who is eligible under paragraph (a) of this section to receive 
payments to recover lost production income will, upon approval of an 
application submitted in accordance with paragraph (c) of this section, 
receive a payment calculated using the following rates:

------------------------------------------------------------------------
                                                               Payment
                       Citrus variety                         (per acre)
------------------------------------------------------------------------
Grapefruit.................................................       $3,342
Orange, Valencia, and tangerine............................        6,446
Orange, navel (includes early and midseason oranges).......        6,384
Tangelo....................................................        1,989
Lime.......................................................        6,503
Other or mixed citrus......................................        3,342
------------------------------------------------------------------------

    (2) Payment adjustments. (i) In cases where the owner of a 
commercial citrus grove had obtained ACC coverage for trees in his or 
her grove and received crop insurance payments following the destruction 
of the insured trees, the payment provided for under paragraph (b)(1) of 
this section will be reduced by the total amount of the crop insurance 
payments received by the commercial citrus grove's owner for the insured 
trees.
    (ii) In cases where ACC coverage was available for trees in a 
commercial citrus grove but the owner of the grove had not obtained ACC 
coverage for his or her insurable trees, the per-acre payment provided 
for under paragraph (b)(1) of this section will be reduced by 5 percent.
    (c) How to apply for lost production payments. The form necessary to 
apply for lost production payments may be obtained from any local citrus 
canker eradication program office in Florida, or from the USDA Citrus 
Canker Project, 6901 West Sunrise Boulevard, Plantation, FL 33313. The 
completed application should be accompanied by a copy of the public 
order directing the destruction of the trees and its accompanying 
inventory that describes the acreage, number, and the variety of trees 
removed. Your completed application must be sent to the USDA Citrus 
Canker Eradication Project, Attn: Lost Production Payments Program, c/o 
Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 
33881. Claims for losses attributable to the destruction of trees on or 
before the effective date of this rule must be received on or before 
September 17, 2001. Claims for losses attributable to the destruction of 
trees after the effective date of this rule must be received within 60 
days after the destruction of the trees. The Administrator may, on a 
case-by-case basis, approve the consideration of late claims when the 
circumstances appear, in the opinion of the Administrator, to warrant 
such consideration. However, any request for consideration of a late 
claim must be submitted to the Administrator on or before July 18, 2002 
for trees destroyed on or before July 18, 2001, and within 1 year after 
the destruction of the trees for trees destroyed after July 18, 2001.

[66 FR 32717, June 18, 2001; 66 FR 33740, June 25, 2001]



                    Subpart--Mediterranean Fruit Fly

    Source: 56 FR 57576, Nov. 13, 1991, unless otherwise noted.



Sec. 301.78  Restrictions on interstate movement of regulated articles.

    No person shall move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[56 FR 57576, Nov. 13, 1991, as amended at 66 FR 21051, Apr. 27, 2001]

[[Page 71]]



Sec. 301.78-1  Definitions.

    In this subpart the following definitions apply:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of Mediterranean fruit fly and may be moved interstate to any 
destination.
    Commercially produced. 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, monocultural 
practices, pest management programs, good sanitation practices including 
destruction of culls, type of packaging, identification of grower or 
packing house on the packaging, and documents consigning the shipment to 
a wholesaler or retailer.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with the provisions of this subpart.
    Core area. The 1 square mile area surrounding each property where 
Mediterranean fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of a Mediterranean fruit 
fly life cycle. Day degrees are the product of the following formula, 
with all temperatures measured in  deg.F: [(Minimum Daily Temp + Maximum 
Daily Temp)/2] - 54 deg. = Day Degrees.
    Drip line. The line around the canopy of a plant.
    Infestation. The presence of the Mediterranean fruit fly or the 
existence of circumstances that make it reasonable to believe that the 
Mediterranean fruit fly is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person authorized by 
the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.78-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Mediterranean fruit fly. The insect known as Mediterranean fruit fly 
Ceratitis capitata (Wiedemann) in any stage of development.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.78-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.78-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.78-2(a) or (b) of 
this subpart or otherwise designated as a regulated article in 
accordance with Sec. 301.78-2(c) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.

[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991; 62 FR 33538, 
June 20, 1997; 62 FR 47556, Sept. 10, 1997]



Sec. 301.78-2  Regulated articles.

    The following are regulated articles:
    (a) The following berries, fruits, nuts, and vegetables.

Almond with husk (Prunus dulcis (P. amygdalus))
Apple (Malus sylvestris)
Apricot (Prunus armeniaca)
Avocado (Persea americana)
Black Myrobalan (Terminalia cherbula)
Cherries (sweet and sour) (Prunus avium, P. cerasus)
Citrus citron (Citrus medica)
Date (Phoenix dactylifera)
Eggplant (Solanum melongena L.), other than commercially produced 
eggplant

[[Page 72]]

Fig (ficus carica)
Grape (Vitis spp.)
Grapefruit (Citrus paradisi)
Guava (Psidium guajava)
Japanese persimmon (Diospyros kaki)
Japanese plum (Prunus salicina)
Kiwi (Actinidia chinensis)
Kumquat (Fortunella japonica)
Lemon (Citrus limon) except smooth-skinned lemons harvested for packing 
by commercial packing houses.
Lemon, Meyer (Citrus limonxreticulata)
Lemon, Rough (Citrus jambhiri)
Lime, sweet (Citrus aurantiifolia)
Loquat (Eriobotrya japonica)
Mandarin orange (Citrus reticulata) (tangerine)
Mango (Mangifera indica)
Mock orange (Murraya exotica)
Mountain apple (Syzigium malaccense (Eugenia malaccensis))
Natal plum (Carissa macrocarpa)
Nectarine (Prunus persica var. nectarina)
Olive (Olea europea)
Opuntia cactus (Opuntia spp.)
Orange, calamondin (Citrus reticulata x. Fortunella)
Orange, Chinese (Fortunella japonica)
Orange, king (Citrus reticulata x. C. sinensis)
Orange, sweet (Citrus sinensis)
Orange, Unshu (Citrus reticulata var. Unshu)
Papaya (Carica papaya)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum frutescens, C. annuum)
Pineapple guava (Feijoa sellowiana)
Plum (Prunus americana)
Pomegranate (Punica granatum)
Prune (Prunus domestica)
Pummelo (Citrus grandis)
Quince (Cydonia oblonga)
Rose apple (Eugenia jambos)
Sour orange (Citrus aurantium)
Spanish cherry (Brazilian plum) (Eugenia dombeyi (E. brasiliensis))
Strawberry guava (Psidium cattleianum)
Surinam cherry (Eugenia uniflora)
Tomato (pink and red ripe) (Lycopersicon esculentum)
Walnut with husk (Juglans spp.)
White sapote (Casimiroa edulis)
Yellow oleander (Bestill) (Thevetia peruviana)

    Any berries, fruits, nuts, or vegetables that are canned or dried or 
frozen below -17.8  deg.C. (0  deg.F.) are not regulated articles.
    (b) Soil within the drip area of plants that are producing or have 
produced the berries, fruits, nuts, or vegetables listed in paragraph 
(a) of this section.
    (c) Any other article, product, or means of conveyance, not covered 
by paragraphs (a) or (b) of this section, that presents a risk of spread 
of the Mediterranean fruit fly and an inspector notifies the person in 
possession of it that the article, product, or means of conveyance is 
subject to the restrictions of this subpart.

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 25791, May 18, 1994; 62 
FR 33538, June 20, 1997; 62 FR 47556, Sept. 10, 1997]



Sec. 301.78-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator shall list as a quarantined area in paragraph (c) of 
this section, each State, or each portion of a State, in which the 
Mediterranean fruit fly has been found by an inspector, in which the 
Administrator has reason to believe that the Mediterranean fruit fly is 
present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities in which the Mediterranean fruit fly has been found. Less 
than an entire State will be designated as a quarantined area only if 
the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are equivalent to 
those imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the Mediterranean fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section for listing such 
area. The Administrator will give a copy of this regulation along with a 
written notice of this temporary designation to the owner or person in 
possession of the nonquarantined area; thereafter, the interstate 
movement of any regulated article from an area temporarily designated as 
a quarantined area is subject to this subpart. As soon as practicable, 
this area will be added to the list in paragraph (c) of this section or 
the designation shall be terminated by the Administrator or an 
inspector. The owner or person in possession of an

[[Page 73]]

area for which designation is terminated will be given notice of the 
termination as soon as practicable.
    (c) There are no areas in the continental United States quarantined 
because of the Mediterranean fruit fly.

[56 FR 57576, Nov. 13, 1991]

    Editorial Note: For Federal Register citations affecting 
Sec. 301.78-3, see the List of CFR Sections Affected, which appears in 
the Finding Aids section of the printed volume and on GPO Access.



Sec. 301.78-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \2\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.78-5 and 301.78-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1) The regulated article is moving as air cargo or as a meal 
intended for in-flight consumption, and is transiting Los Angeles 
International Airport, California;
    (2) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by Mediterranean fruit flies (such 
as canvas, plastic, or other closely woven cloth) while moving through 
the quarantined area; and
    (3) The point of origin of the regulated article is indicated on the 
waybill.
    (c) Without a certificate or limited permit, if:
    (1) The regulated article originated outside any quarantined area 
and is moved through (without stopping except for refueling, or for 
traffic conditions, such as traffic lights or stop signs) the 
quarantined area in an enclosed vehicle or is completely enclosed by a 
covering adequate to prevent access by Mediterranean fruit flies (such 
as canvas, plastic, or other closely woven cloth) while moving through 
the quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area.
    (d) Without a certificate or limited permit if the regulated article 
is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of Mediterranean 
fruit fly; and
    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container.

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

[56 FR 57576, Nov. 13, 1991, as amended at 57 FR 54169, Nov. 17, 1992]



Sec. 301.78-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector \3\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.78-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, that the 
premises are free from the Mediterranean fruit fly; or
    (iii) Based on inspection of the regulated article, that it is free 
of Mediterranean fruit fly; and

[[Page 74]]

    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or is completely enclosed by a covering adequate 
to prevent access by Mediterranean fruit fly; and
    (3) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the 
Mediterranean fruit fly; and
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    (4) The regulated articles is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated articles.
    (b) An inspector \5\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that--
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the 
Mediterranean fruit fly because life stages of the Mediterranean fruit 
fly will be destroyed by the specified handling, processing, or 
utilization;
    (2) The regulated article is to be moved in compliance with any 
additional conditions the Administrator may impose under section 414 of 
the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the 
Mediterranean fruit fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section. A person operating under a compliance 
agreement may issue a limited permit for interstate movement of a 
regulated article when an inspector has determined that the regulated 
article is eligible for a limited permit in accordance with paragraph 
(b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally or in writing, if he or she determines 
that the holder of the certificate or limited permit has not complied 
with all conditions under this subpart for the use of the certificate or 
limited permit. If the withdrawal is oral, the withdrawal and the 
reasons for the withdrawal shall be confirmed in writing as promptly as 
circumstances allow. Any person whose certificate or limited permit has 
been withdrawn may appeal the decision in writing to the Administrator 
within 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 certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.

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

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67608, Dec. 30, 1994; 
66 FR 21051, Apr. 27, 2001]



Sec. 301.78-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart.\6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories.

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

[[Page 75]]

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation shall be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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.

[56 FR 57576, Nov. 13, 1991, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.78-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.78-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector,\7\ as far in advance of the desired 
interstate movement as possible (but no less than 48 hours before the 
desired interstate movement).
---------------------------------------------------------------------------

    \7\ See footnote 3 to Sec. 301.78-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.78-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during the interstate 
movement, must be attached to the outside of the container containing 
the regulated article, attached to the regulated article itself if not 
in a container, or attached to the consignee's copy of the accompanying 
waybill: Provided however, that the requirements of this section may be 
met by attaching the certificate or limited permit to the consignee's 
copy of the waybill only if the regulated article is sufficiently 
described on the certificate or limited permit and on the waybill to 
identify the regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

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



Sec. 301.78-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside of normal 
business hours.



Sec. 301.78-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy Mediterranean fruit fly are authorized for 
use on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments may be used for the regulated articles indicated:
    (a) Fruits and vegetables.
    (1) Bell Pepper--(i) Vapor Heat. Heat by saturated water vapor at 
44.4  deg.C. (112  deg.F.) until approximate center of bell pepper 
reaches 44.4  deg.C. (112  deg.F.). Maintain at 44.4  deg.C. (112 
deg.F.) for 8\3/4\ hours, then immediately cool.
    (2) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal 
atmospheric pressure with 32 g/m \3\ (2 lb/1000 ft \3\) for 3\1/2\ hours 
at 21  deg.C. (70  deg.F.) or above.
    (ii) Vapor heat. Heat by saturated water vapor at 44.4  deg.C. (112 
deg.F.) until approximate center of tomato reaches 44.4  deg.C. (112 
deg.F.). Maintain at 44.4  deg.C.

[[Page 76]]

(112  deg.F.) for 8\3/4\ hours, then immediately cool.

    Note: Commodities should be tested by the shipper to determine each 
commodity's tolerance to the treatment before commercial shipments are 
attempted. The USDA is not liable for damages caused by this quarantine.

    (b) Regulated citrus fruit that has been harvested. (1) Fumigation 
with methyl bromide at normal atmospheric pressure with 32 g/
m3 (2 pounds per 1000 cubic feet) for 3\1/2\ hours at 21 
deg.C. (70  deg.F.) or above.

    Note: Some varieties of fruit may be injured by methyl bromide 
exposure. Shippers should test treat before making commercial shipments.

    (2) Fumigation plus refrigeration: Fumigation with methyl bromide at 
normal atmospheric pressure with 32 g/m3 (2 pounds per 1000 
cubic feet) at 21  deg.C. (70  deg.F.) or above.

------------------------------------------------------------------------
        Fumigation exposure time                   Refrigeration
------------------------------------------------------------------------
2 hours.................................  4 days at 0.55 to 0.7  deg.C.
                                           (33 to 37  deg.F.); or 11
                                           days at 3.33 to 8.3  deg.C.
                                           (38 to 47  deg.F.).
2\1/2\ hours............................  4 days at 1.11 to 4.44  deg.C.
                                           (34 to 40  deg.F.); or 6 days
                                           at 5.0 to 8.33  deg.C. (41 to
                                           47  deg.F.); or 10 days at
                                           8.88 to 13.33  deg.C. (48 to
                                           56  deg.F.).
3 hours.................................  3 days at 6.11 to 8.33  deg.C.
                                           (43 to 47  deg.F.); or 6 days
                                           at 9.88 to 13.33  deg.C. (48
                                           to 56  deg.F.).
------------------------------------------------------------------------

    Note: Some varieties of fruit may be injured by methyl bromide 
exposure. Shippers should test treat before making commercial shipments.

    Time lapse between fumigation and start of cooling not to exceed 24 
hours. Chamber load not to exceed 80 percent of volume.
    (3) Cold treatment: 14 days at 1.11  deg.C. (34  deg.F.) or below; 
16 days at 1.67  deg.C. (35  deg.F) or below; or 18 days at 2.22  deg.C. 
(36  deg.F.) or below.
    (c) Approved irradiation treatment. Irradiation, carried out in 
accordance with the provisions of this paragraph, is approved as a 
treatment for any berry, fruit, nut, or vegetable listed as a regulated 
article in Sec. 301.78-2(a) of this subpart.
    (1) Approved facility. The irradiation treatment facility and 
treatment protocol must be approved by the Animal and Plant Health 
Inspection Service. In order to be approved, a facility must:
    (i) Be capable of administering a minimum absorbed ionizing 
radiation dose of 225 Gray (22.5 krad) to the fruits and vegetables; \8\
---------------------------------------------------------------------------

    \8\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (ii) Be constructed so as to provide physically separate locations 
for treated and untreated fruits and vegetables, except that fruits and 
vegetables traveling by conveyor directly into the irradiation chamber 
may pass through an area that would otherwise be separated. The 
locations must be separated by a permanent physical barrier such as a 
wall or chain link fence 6 or more feet high to prevent transfer of 
cartons;
    (iii) Complete a compliance agreement with the Animal and Plant 
Health Inspection Service as provided in Sec. 301.78-6 of this subpart; 
and
    (iv) Be certified by Plant Protection and Quarantine for initial use 
and annually for subsequent use. Recertification is required in the 
event that an increase or decrease in radioisotope or a major 
modification to equipment that affects the delivered dose. 
Recertification may be required in cases where a significant variance in 
dose delivery is indicated.
    (2) Treatment monitoring. Treatment must be carried out under the 
monitoring of an inspector. This monitoring must include inspection of 
treatment records and unannounced inspection visits to the facility by 
an inspector. Facilities that carry out continual irradiation operations 
must notify an inspector at least 24 hours before the date of 
operations. Facilities that carry out periodic irradiation operations 
must notify an inspector of scheduled operations at least 24 hours 
before scheduled operations.9
---------------------------------------------------------------------------

    \9\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (3) Packaging. Fruits and vegetables that are treated within a 
quarantined area must be packaged in the following manner:
    (i) The cartons must have no openings that will allow the entry of 
fruit flies and must be sealed with seals that will visually indicate if 
the cartons

[[Page 77]]

have been opened. They may be constructed of any material that prevents 
the entry of fruit flies and prevents oviposition by fruit flies into 
the fruit in the carton.\10\
---------------------------------------------------------------------------

    \10\ If there is a question as to the adequacy of a carton, send a 
request for approval of the carton, together with a sample carton, to 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, 
Oxford, NC 27565.
---------------------------------------------------------------------------

    (ii) The pallet-load of cartons must be wrapped before it leaves the 
irradiation facility in one of the following ways:
    (A) With polyethylene sheet wrap;
    (B) With net wrapping; or
    (C) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (iii) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of packing 
and treatment.
    (4) Dosage. The fruits and vegetables must receive a minimum 
absorbed ionizing radiation dose of 225 Gray (22.5 krad).11
---------------------------------------------------------------------------

    \11\ See footnote 8.
---------------------------------------------------------------------------

    (5) Dosimetry systems. (i) Dosimetry must demonstrate that the 
absorbed dose, including areas of minimum and maximum dose, is mapped, 
controlled, and recorded.
    (ii) Absorbed dose must be measured using a dosimetry system that 
can accurately measure an adsorbed dose of 225 Gray (22.5 krad).
    (iii) The utilization of the dosimetry system, including its 
calibration and the number and placement of dosimeters used, must be in 
accordance with the American Society for Testing and Materials (ASTM) 
standards.\12\
---------------------------------------------------------------------------

    \12\ Designation E 1261, ``Standard Guide for Selection and 
Calibration of Dosimetry Systems for Radiation Processing,'' American 
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------

    (6) Records. Records or invoices for each treated lot must be made 
available for inspection by an inspector during normal business hours (8 
a.m. to 4:30 p.m., Monday through Friday, except holidays). An 
irradiation processor must maintain records as specified in this section 
for a period of time that exceeds the shelf life of the irradiated food 
product by 1 year, and must make these records available for inspection 
by an inspector. These records must include the lot identification, 
scheduled process, evidence of compliance with the scheduled process, 
ionizing energy source, source calibration, dosimetry, dose distribution 
in the product, and the date of irradiation.
    (7) Request for approval and inspection of facility. Persons 
requesting approval of an irradiation treatment facility and treatment 
protocol must submit the request for approval in writing to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. 
Before the Administrator determines whether an irradiation facility is 
eligible for approval, an inspector will make a personal inspection of 
the facility to determine whether it complies with the standards of 
paragraph (c)(1) of this section.
    (8) Denial and withdrawal of approval. (i) The Administrator will 
withdraw the approval of any irradiation treatment facility when the 
irradiation processor requests in writing the withdrawal of approval.
    (ii) The Administrator will deny or withdraw approval of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying approval, the Administrator will 
inform the irradiation processor in writing of the reasons for the 
proposed action and provide the irradiation processor with an 
opportunity to respond. The Administrator will give the irradiation 
processor an opportunity for a hearing regarding any dispute of a 
material fact, in accordance with rules of practice that will be adopted 
for the proceeding. However, the Administrator will suspend approval 
pending final determination in the proceeding, if he or she determines 
that suspension is necessary to prevent the spread of any dangerous 
insect infestation. The suspension will be effective upon oral or 
written notification, whichever is earlier, to the irradiation 
processor. In the event of oral notification, written confirmation

[[Page 78]]

will be given to the irradiation processor within 10 days of the oral 
notification. The suspension will continue in effect pending completion 
of the proceeding and any judicial review of the proceeding.
    (9) Department not responsible for damage. This treatment is 
approved to assure quarantine security against Mediterranean fruit fly. 
From the literature available, the fruits and vegetables authorized for 
treatment under this section are believed tolerant to the treatment; 
however, the facility operator and shipper are responsible for 
determination of tolerance. The Department of Agriculture and its 
inspectors assume no responsibility for any loss or damage resulting 
from any treatment prescribed or supervised. Additionally, the Nuclear 
Regulatory Commission is responsible for ensuring that irradiation 
facilities are constructed and operated in a safe manner. Further, the 
Food and Drug Administration is responsible for ensuring that irradiated 
foods are safe and wholesome for human consumption.
    (d) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with malathion bait 
spray. These treatments must take place at 6 to 10-day intervals, 
starting a sufficient time before harvest (but not less than 30 days 
before harvest) to allow for completion of egg and larvae development of 
the Mediterranean fruit fly. Determination of the time period must be 
based on day degrees. Once treatment has begun, it must continue through 
the harvest period. The malathion bait spray treatment must be applied 
at a rate of 1.2 fluid ounces of technical grade malathion (1.4 ounces 
by weight) and 10.8 fluid ounces of protein hydrolysate (13.2 ounces by 
weight) per acre, for a total of 12 fluid ounces per acre.
    (e) Soil. Soil within the drip area of plants that are producing or 
have produced the berries, fruits, nuts, and vegetables listed in 
Sec. 301.78-2(a) of this subpart: Apply diazinon at the rate of 5 pounds 
actual ingredient per acre to the soil within the drip area with 
sufficient water to wet the soil to a depth of at least \1/2\ inch. Both 
immersion and pour-on treatment procedures are also acceptable.

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

[56 FR 57576, Nov. 13, 1991; 56 FR 63550, Dec. 4, 1991, as amended at 58 
FR 63031, Nov. 30, 1993; 59 FR 25791, May 18, 1994; 60 FR 52834, Oct. 
11, 1995; 62 FR 47557, Sept. 10, 1997; 65 FR 54742, Sept. 11, 2000; 67 
FR 8464, Feb 25, 2002; 67 FR 63536, Oct. 15, 2002]



                           Subpart--Witchweed

                       Quarantine and Regulations



Sec. 301.80  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the States of North 
Carolina and South Carolina in order to prevent the spread of witchweed 
(Striga spp.), a parasitic plant that causes a dangerous disease of 
corn, sorghum, and other crops of the grass family and is not widely 
prevalent or distributed within and throughout the United States. 
Through the aforementioned authorities, the Secretary imposes a 
quarantine on the States of North Carolina and South Carolina with 
respect to the interstate movement from those States of articles 
described in paragraph (b) of this section, issues regulations in this 
subpart governing the movement of such articles, and gives notice of 
this quarantine action.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.80-1(p) as regulated articles), except in 
accordance with the conditions prescribed in this subpart:
    (1) Soil, compost, peat, humus, muck, and decomposed manure, 
separately or with other things; sand; and gravel.
    (2) Plants with roots.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.

[[Page 79]]

    (6) Root crops, except those from which all soil has been removed.
    (7) Peanuts in shells and peanut shells, except boiled or roasted 
peanuts.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter of any kind.
    (10) Seed cotton and gin trash.
    (11) Stumpwood.
    (12) Long green cucumbers, cantaloupes, peppers, squash, tomatoes, 
and watermelons, except those from which all soil has been removed.
    (13) Pickling cucumbers, string beans, and field peas.
    (14) Cabbage, except firm heads with loose outer leaves removed.
    (15) Leaf tobacco, except flue-cured leaf tobacco.
    (16) Ear corn, except shucked ear corn.
    (17) Sorghum.
    (18) Used crates, boxes, burlap bags, and cotton-picking sacks, and 
other used farm products containers.
    (19) Used farm tools.
    (20) Used mechanized cultivating equipment and used harvesting 
equipment.
    (21) Used mechanized soil-moving equipment.
    (22) Any other products, articles, or means of conveyance, of any 
character whatsoever, not covered by paragraphs (b) (1) through (20) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of witchweed, and the person in possession thereof has 
been so notified.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27372, July 2, 1976; 58 FR 216, Jan. 5, 1993; 66 FR 21052, Apr. 
27, 2001]



Sec. 301.80-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, 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 stead has been 
or may hereafter be delegated.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.80-2.
    Infestation. The presence of witchweed or the existence of 
circumstances that make it reasonable to believe that witchweed is 
present.
    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 to 
enforce the provisions of the quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertifiable regulated 
articles to a specified destination for limited handling, utilization, 
or processing, or for treatment.
    Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors, e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes, e.g., mechanical cotton harvesters, hay balers, corn pickers, 
and combines.
    Mechanized soil-moving equipment. Mechanized equipment used to move 
or

[[Page 80]]

transport soil, e.g., draglines, bulldozers, road scrapers, and 
dumptrucks.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved or allowed to be moved by any means. 
``Movement'' and ``move'' shall be construed accordingly.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    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 Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any quarantined State, or any portion thereof, 
designated as a regulated area in Sec. 301.80-2a or otherwise designated 
as a regulated area in accordance with Sec. 301.80-2(b).
    Regulated articles. Any articles described in Sec. 301.80(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certifiable under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    Suppressive area. That portion of a regulated area where eradication 
of infestation is undertaken as an objective, as designated by the 
Deputy Administrator under Sec. 301.80-2(a).
    Treatment Manual. The provisions currently contained in the ``Manual 
of Administratively Authorized Procedures to be Used Under the Witchweed 
Quarantine'' and the ``Fumigation Procedures Manual'' and any amendments 
thereto. \1\
---------------------------------------------------------------------------

    \1\ Pamphlets containing such provisions are available upon request 
to the Deputy Administrator, Plant Protection and Quarantine Programs, 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250, or from an inspector.
---------------------------------------------------------------------------

    Witchweed. Parasitic plants of the genus Striga and reproductive 
parts thereof, including seeds.

[41 FR 27372, July 2, 1976, as amended at 66 FR 21052, Apr. 27, 2001]



Sec. 301.80-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall designate as regulated areas, in a 
supplemental regulation designated as Sec. 301.80-2a, each quarantined 
State, or each portion thereof in which witchweed has been found or in 
which there is reason to believe that witchweed is present or which it 
is deemed necessary to regulate because of its proximity to infestation 
or its inseparability for quarantine enforcement purposes from infested 
localities. The Deputy Administrator, in the supplemental regulation, 
may designate any regulated area or portion thereof, as a suppressive 
area or a generally infested area in accordance with the definitions 
thereof in Sec. 301.80-1. Less than an entire quarantined State will be 
designated as a regulated area only if the Deputy Administrator is of 
the opinion that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the interstate spread of 
witchweed.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator

[[Page 81]]

or an authorized inspector may temporarily designate any other premises 
in a quarantined State as a regulated area and may designate the 
regulated area or portions thereof as a suppressive or generally 
infested area, in accordance with the criteria specified in paragraph 
(a) of this section for designating such area, by serving written notice 
thereof on the owner or person in possession of such premises, and 
thereafter the interstate movement of regulated articles from such 
premises by any person having notice of the designation shall be subject 
to the applicable provisions of this subpart. As soon as practicable, 
such premises shall be added to the list in Sec. 301.80-2a if a basis 
then exists for their designation.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section. The 
Deputy Administrator or an inspector shall terminate the designation 
provided for under paragraph (b) of this section of any premises 
designated as a regulated area or a suppressive or a generally infested 
area when he determines that such designation is no longer required 
under the criteria specified in paragraph (a) of this section, and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.80-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he may 
prescribe, if he finds that facts exist as to the pest risk involved in 
the movement of such regulated articles which make it safe to so relieve 
such requirements.

[41 FR 27372, July 2, 1976]



Sec. 301.80-2a  Regulated areas; generally infested and suppressive areas.

    The civil divisions and parts of civil divisions described below are 
designated as witchweed regulated areas within the meaning of this 
subpart.

                             North Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Bladen County. That area north of a line beginning at the 
intersection of the Robeson-Bladen County line and State Highway 211, 
then east along State Highway 211 Bypass to State Highway 242, then 
northeast along State Highway 242 to U.S. Highway 701, then north along 
U.S. Highway 701 to the Cape Fear River, then southeast along the Cape 
Fear River to the Bladen-Columbus County line.
    The Blanks, Alex, farm located on the north side of State Secondary 
Road 1734 and 0.5 mile southeast of its intersection with State Highway 
87.
    The Hardison, H.B., farm located on a field road 0.25 mile northwest 
of its intersection with State Secondary Road 1719 and 0.2 mile west of 
its intersection with State Secondary Road 1797.
    The Jacobs, Sammy, farm located on a field road 2.0 miles southwest 
of its intersection with State Secondary Road 1708 and 0.25 mile south 
of its intersection with State Secondary Road 211.
    The Maultsby, T.N., farm located on both sides of State Highway 87 
at 0.7 mile northwest of its intersection with State Secondary Road 
1743.
    The Williams, Johnny, farm located west of State Highway 211 
Business and 0.1 mile from its intersection with State Highway 211 
Bypass and 0.5 mile southeast of the Robeson-Bladen County line.
    Columbus County. The Biggs, K.M., farm located on the north side of 
State Secondary Road 1574 and 1.1 miles southeast of its intersection 
with State Secondary Road 1506.
    The Border Belt Research Station farm located on the west side of 
State Secondary Road 1537 and 0.3 mile northeast of its intersection 
with State Secondary Road 1002.
    The Britt, J.T., farm located on the east side of State Secondary 
Road 1504 and 1.3 miles northeast of its intersection with State 
Secondary Road 1504.
    The Gore, Nettie, farm located on the west side of U.S. Highway 76 
and 0.6 mile north of its intersection with State Secondary Road 1355.
    The Griffin, Wilson, farm located on the east side of State 
Secondary Road 1512 and 1.4 miles southwest of its intersection with 
State Highway 242.
    The Ivey, William, farm located on the south side of State Secondary 
Road 1504 and

[[Page 82]]

0.3 mile from its intersection with State Secondary Road 1506.
    The Keaton, Willie, farm located on the south side of State 
Secondary Road 1852 and 0.5 mile southwest of its intersection with 
State Highway 87.
    The Lennon, Calvin, farm located on the southwest side of State 
Secondary Road 1002 and 0.7 mile southeast of its intersection with 
State Highway 242.
    Cumberland County. That area bounded on the west by the Cape Fear 
River, then by a line running east and northeast along the Fayetteville 
city limits to U.S. Highway 301, then northeast along U.S. Highway 301 
to Interstate 95, then northeast along Interstate 95 to U.S. Highway 13, 
then east and northeast along U.S. Highway 13 to the Cumberland-Sampson 
County line.
    The Bullock, Berline, farm located on the north side of State 
Secondary Road 1722 and 0.2 mile west of its intersection with U.S. 
Highway 301.
    The Lewis, David, farm located on the west side of U.S. Highway 301 
and 0.1 mile south of its intersection with State Secondary Road 1802.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway 
301.
    The McKeithan, Sarah, farm located on the west side of U.S. Highway 
301 and 0.3 mile south of its intersection with State Secondary Road 
1856.
    The McKeithan, Zela, farm located on the east side of U.S. Highway 
301 and 0.3 mile south of its intersection with State Secondary Road 
1856.
    The McLaughlin, Cornell, farm located on the south side of State 
Secondary Road 2221 and 0.2 mile east of its intersection with State 
Secondary Road 2367.
    The McLaurin, George, farm located on the north side of State 
Secondary Road 1722 and 0.4 mile west of its intersection with U.S. 
Highway 301.
    The McNeill, Clifton, farm located on both sides of State Secondary 
Road 2241 at its intersection with State Secondary Road 2252.
    The Odom, Marshall, farm located on the north side of State 
Secondary Road 1722 and 0.1 mile west of its intersection with U.S. 
Highway 301.
    The Patterson, Theodore, farm located on the north side of State 
Road 1288 at its intersection with State Secondary Road 1116.
    The Underwood, Olive T., farm located on the east side of State 
Secondary Road 1723 and 0.8 mile south of its junction with State 
Secondary Road 1722.
    The Williams, Howard, farm located at the end of State Secondary 
Road 2243, which is a dead end road.
    Pender County. The Kea, Leo, farm located 0.3 mile east of State 
Secondary Road 1105 and 1.2 miles south of its intersection with State 
Secondary Road 1104.
    The Keith, F.R., farm located on both sides of State Secondary Road 
1130 and 0.7 mile west of its junction with State Highway 210.
    The Manuel, George, farm located 0.1 mile south of State Highway 210 
and 0.2 mile west of its junction with State Secondary Road 1103.
    The McCallister, Mary, farm located 0.2 mile east of State Secondary 
Road 1105 and 1.1 miles south of its intersection with State Secondary 
Road 1104.
    The Zibelin, John R., farm located 0.5 mile east of State Secondary 
Road 1105 and 1.2 miles south of its intersection with State Secondary 
Road 1104.
    Robeson County. That area west and south of a line beginning at the 
intersection of Interstate 95 and the Cumberland-Robeson County line and 
extending southeast along Interstate 95 to State Highway 211 then 
northeast along State Highway 211 to the Robeson-Bladen County line.
    The Epps, Frank, farm located on the northeast side of a field road 
0.5 mile east of its intersection with State Secondary Road 1935 and 0.7 
mile east of its intersection with U.S. Highway 301.
    The Smith, Josephine, farm located on the west side of State 
Secondary Road 1937 and 0.2 mile south of its intersection with State 
Secondary Road 1933.
    The Warwick, W.M., farm located on a field road 0.3 mile north of 
State Secondary Road 2120 and 0.5 mile west of its intersection with 
State Highway 211.
    Sampson County. That area south of a line beginning at a point where 
U.S. Highway 421 intersects the Sampson-Harnett County line, then 
southeast along U.S. Highway 421 to the Sampson-Pender County line.
    The Bryant, Ermon Estate, farm located on the north side of State 
Secondary Road 1943 and 0.6 mile northwest of its intersection with 
State Secondary Road 1942.
    The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road 
1736 and 1 mile south of its intersection with State Secondary Road 
1731.
    The Merritt, David, farm located on a field road 0.5 mile south of 
State Secondary Road 1943 and 0.4 mile southwest of its intersection 
with State Secondary Road 1944.
    The Pate, Ray, farm located on the west side of State Secondary Road 
1738 and 0.6 mile southeast of its intersection with State Secondary 
Road 1740.
    The Quarter M Farms farm located on a field road 0.2 mile southeast 
of State Secondary Road 1955 and 0.7 mile southeast of its intersection 
with State Secondary Road 1945.
    The Strickland, Edgebert, farm located on the north side of State 
Highway 421 and 1 mile east of its intersection with State Secondary 
Road 1703.

[[Page 83]]

                             South Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Dillon County. The Adams, Coble, farm located west of State 
Secondary Highway 23 and 0.2 mile north of its intersection with State 
Secondary Highway 286.
    The Wise, Wilbur, farm located on the south side of a field road and 
0.15 mile southeast of the junction of the road with State Secondary 
Road 626 and 0.55 mile southwest of the intersection of State Secondary 
Road 625 with State Highway 38.
    Horry County. That area bounded by a line beginning at a point where 
U.S. Highway 76 intersects the South Carolina-North Carolina State line, 
then south along U.S. Highway 76 to State Secondary Highway 44, then 
south along State Secondary Highway 44 to State Secondary Highway 19, 
then south along State Secondary Highway 19 to Honey Camp Branch, then 
southwest along Honey Camp Branch to Lake Swamp, then east along Lake 
Swamp to Prince Mill Swamp, then south along Prince Mill Swamp to State 
Secondary Highway 309, then southwest along State Secondary Highway 309 
to State Secondary Highway 45, then southwest along State Secondary 
Highway 45 to State Secondary Highway 129, then northwest along State 
Secondary Highway 129 to U.S. Highway 501, then northwest along U.S. 
Highway 501 to the Little Pee Dee River, then northeast along the Little 
Pee Dee River to the Lumber River, then northeast along the Lumber River 
to the South Carolina-North Carolina State line, then southeast along 
the State line to the point of beginning.
    That area south of a line beginning at the intersection of the 
Waccamaw River and State Secondary Highway 638, then southeast along 
State Secondary Highway 638 to State Primary Highway 90, then north 
along State Primary Highway 90 to an unpaved road known as Water Tower 
Road, then east along Water Tower Road to an unpaved road known as 
Telephone Road, then southeast along Telephone Road to the northern tip 
of Long Bay, then west along Long Bay to Dogwood Road, then northwest 
along Dogwood Road to South Carolina Primary Highway 90, then northeast 
along South Carolina Primary Highway 90 to the north branch of Mills 
Swamp, then west along this branch to the Waccamaw River, then northeast 
along the Waccamaw River to the point of beginning.
    The Harden, John, farm located on the northwest side of a dirt road 
and 0.4 mile northeast of the junction of this dirt road with State 
Secondary Roads 105 and 377.
    The Stevens, James, farm located on the south side of a dirt road 
and 0.3 mile northeast of its junction with State Secondary Highway 112, 
this junction being 1.2 miles east of the junction of State Secondary 
Highway 112 with State Secondary Highway 139.
    Marion County. That area north, west, and east of a line beginning 
at the intersection of State Primary Highway 41A and the North Carolina-
South Carolina State lines, then southwest along State Primary Highway 
41A to the Marion city limits, then southeast along the Marion city 
limits to U.S. Highway 76, then east along U.S. Highway 76 to the 
Mullins city limits, then southeast along the Mullins city limits to 
State Primary Highway 917, then southeast along State Primary Highway 
917 to the Little Pee Dee River.

[63 FR 31602, June 10, 1998]



Sec. 301.80-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit and other requirements of this subpart if they meet the 
applicable conditions prescribed in paragraphs (a) (1) through (5) of 
this section and have not been exposed to infestation after cleaning or 
other handling as prescribed in said paragraph:
    (1) Small grains, if harvested in bulk or into new or treated 
containers, and if the grains and containers for the grains have not 
come in contact with the soil or if they have been cleaned at a designed 
facility. \2\
---------------------------------------------------------------------------

    \2\ Information as to designated facilities, gins, oil mills, and 
processing plants may be obtained from an inspector. Any facility, gin, 
oil mill, or processing plant is eligible for designation under this 
subpart if the operator thereof enters into a compliance agreement (as 
defined in Sec. 301.80-1(b)).
---------------------------------------------------------------------------

    (2) Soybeans, when determined by an inspector that the soybeans were 
grown, harvested, and handled in a manner to prevent contamination from 
witchweed seed.
    (3) Pickling cucumbers, string beans, and field peas, if washed free 
of soil with running water.
    (4) Used farm tools, if cleaned free of soil.
    (5) Used mechanized cultivating equipment and used mechanized soil-
moving equipment, if cleaned free of soil.

[[Page 84]]

    (b) The following article is exempt from the certification and 
permit requirements of Sec. 301.80-4 under the applicable conditions as 
prescribed in paragraph (b)(1) of this section:
    (1) Seed cotton, if moving to a designated gin. \2\

[42 FR 56334, Oct. 25, 1977, as amended at 53 FR 24924, July 1, 1988]



Sec. 301.80-3  Conditions governing the interstate movement of regulated articles from quarantined States. \3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles, except soil samples for processing, 
testing, or analysis, may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Secs. 301.80-4 and 301.80-7, if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the witchweed and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or
    (2) Without certificate or permit if moved:
    (i) From any regulated area under the provisions of Sec. 301.80-2b 
which exempts certain articles from certificate and permit requirements; 
or
    (ii) From a generally infested area to a contiguous generally 
infested area; or
    (iii) From a suppressive area to a contiguous generally infested 
area; or
    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the witchweed exists; or
    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or
    (3) From any area outside the regulated areas, if moved:
    (i) With a certificate or permit attached; or
    (ii) Without a certificate or permit, if:
    (A) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.80-2b; or
    (B) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.
    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing, or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \4\ by the Deputy Administrator and so listed by him in a 
supplemental regulation. \5\ A certificate or permit will not be 
required to be attached to such soil samples except in those emergency 
situations where the Deputy Administrator has authorized such movement 
to another destination with a certificate or permit issued and attached 
in accordance with Secs. 301.80-4(d) and 301.80-7. Soil samples 
originating in areas outside of the regulated areas will not require 
such a certificate or permit and their movement is not restricted to 
approved laboratories if the point of origin of such samples is clearly 
indicated on the articles or shipping document which accompanies the 
articles and if

[[Page 85]]

the movement is not made through any regulated area.
---------------------------------------------------------------------------

    \4\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \5\ For list of approved laboratories, see (41 FR 4615 and 
amendments thereof).

[41 FR 27373, July 2, 1976]



Sec. 301.80-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if he 
determines that they are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing, or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with the 
treatment manual, when upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of witchweed and requirements of other applicable Federal 
domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles, and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations, 
may be issued by the Deputy Administrator under such conditions as may 
be prescribed in each specific case by the Deputy Administrator to 
prevent the spread of witchweed.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use by the latter 
for subsequent shipments of regulated articles (except soil samples for 
processing, testing, or analysis) provided such person is operating 
under a compliance agreement; and any such person may be authorized by 
an inspector to reproduce such forms on shipping containers or 
otherwise. Any such person may execute and issue the certificate forms, 
or reproductions of such forms, for the interstate movement of regulated 
articles from the premises of such person identified in the compliance 
agreement if such person has treated such regulated articles to destroy 
infestation in accordance with the treatment manual, and if such 
regulated articles are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles. Any such person may execute and issue the limited permit 
forms, or reproductions of such forms, for interstate movement of 
regulated articles to specified destinations when the inspector has made 
the determinations specified in paragraph (b) of this section. Any such 
person may execute and issue the restricted destination permit forms, or 
reproductions of such forms, for the interstate movement of regulated 
articles not eligible for certification under all Federal domestic plant 
quarantines applicable to such articles, under the conditions specified 
in paragraph (c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he 
determines that the holder thereof has not complied with any condition 
for the use of such document imposed by this subpart. As soon as 
possible after such withdrawal, the holder of the certificate or permit 
shall be notified in writing by the Deputy Administrator or an inspector 
of the reason therefor and afforded reasonable opportunity to present 
his views thereon, and if there

[[Page 86]]

is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-5  Compliance agreements; and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever he finds that such other party has 
failed to comply with the conditions of the agreement. As soon as 
possible after such cancellation, such party shall be notified in 
writing by the Deputy Administrator or an inspector of the reason 
therefor and afforded reasonable opportunity to present views thereon, 
and if there is a conflict as to any material fact, a hearing shall be 
held to resolve such conflict.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.80-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
a manner as the inspector designates to facilitate inspection.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976]



Sec. 301.80-7  Attachment and disposition of certificates or permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificates or permit shall be 
securely attached to the outside of the container in which such articles 
are moved except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.
    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and witchweed as provided in sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754), in 
accordance with instructions issued by the Deputy Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971; 
41 FR 27374, July 2, 1976; 66 FR 21052, Apr. 27, 2001]



Sec. 301.80-9  Movement of witchweed.

    Regulations requiring a permit for, and otherwise governing the 
movement of witchweed in interstate or foreign commerce are contained in 
the Federal plant pest regulations in part 330 of this chapter. 
Applications for permits for the movement of the pest may be made to the 
Deputy Administrator.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 301.80-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.

[35 FR 10553, June 30, 1970, as amended at 36 FR 24917, Dec. 24, 1971]

[[Page 87]]



                       Subpart--Imported Fire Ant

    Source: 57 FR 57327, Dec. 4, 1992, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.81  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.



Sec. 301.81-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved interstate to 
any destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles that are 
moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Imported fire ant. Living imported fire ants of the species 
Solenopsis invicta Buren and Solenopsis richteri Forel, and hybrids of 
these species.
    Infestation (infested). The presence of an imported fire ant queen 
or a reproducing colony of imported fire ants, except that on grass sod 
and plants with roots and soil attached, an infestation is the presence 
of any life form of the imported fire ant.
    Inspector. An APHIS employee or other person authorized by the 
Administrator to enforce the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for interstate movement only to a specified destination and in 
accordance with conditions specified on the permit.
    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Noncompacted soil. Soil that can be removed from an article by brisk 
brushing or washing with water under normal city water pressure (at 
least 4 gallons per minute at 40 to 50 pounds per square inch through a 
\1/2\-inch orifice).
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Reproducing colony. A combination of one or more imported fire ant 
workers and one or more of the following immature imported fire ant 
forms: Eggs, larvae, or pupae.
    Soil. Any non-liquid combination of organic and/or inorganic 
material in which plants can grow.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.81-2  Regulated articles.

    The following are regulated articles:
    (a) Imported fire ant queens and reproducing colonies of imported 
fire ants.\1\
---------------------------------------------------------------------------

    \1\ Permit and other requirements for the interstate movement of 
imported fire ants are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) Soil,\2\ separately or with other articles, except potting soil 
that is shipped in original containers in which the soil was placed 
after commercial preparation.
---------------------------------------------------------------------------

    \2\ The movement of soil from Puerto Rico is subject to additional 
provisions in part 330 of this chapter.
---------------------------------------------------------------------------

    (c) Baled hay and baled straw stored in direct contact with the 
ground;
    (d) Plants and sod with roots and soil attached, except plants 
maintained indoors in a home or office environment and not for sale;

[[Page 88]]

    (e) Used soil-moving equipment, unless removed of all noncompacted 
soil; and
    (f) Any other article or means of conveyance when:
    (1) An inspector determines that it presents a risk of spread of the 
imported fire ant due to its proximity to an infestation of the imported 
fire ant; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-3  Quarantined areas.

    (a) The Administrator will quarantine each State or each portion of 
a State that is infested.
    (b) Less than an entire State will be listed as a quarantined area 
only if the Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles listed in Sec. 301.81-2 
that are equivalent to the interstate movement restrictions imposed by 
this subpart; and
    (2) Designating less than the entire State as a quarantined area 
will prevent the spread of the imported fire ant.
    (c) The Administrator may include uninfested acreage within a 
quarantined area due to its proximity to an infestation or 
inseparability from the infested locality for quarantine purposes, as 
determined by:
    (1) Projections of spread of imported fire ant around the periphery 
of the infestation, as determined by previous years' surveys;
    (2) Availability of natural habitats and host materials, within the 
uninfested acreage, suitable for establishment and survival of imported 
fire ant populations; and
    (3) Necessity of including uninfested acreage within the quarantined 
area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of the nonquarantined area, or, in the case of 
publicly owned land, to the person responsible for the management of the 
nonquarantined area; thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area 
either will be added to the list of designated quarantined areas in 
paragraph (e) of this section, or the Administrator will terminate the 
designation. The owner or person in possession of, or, in the case of 
publicly owned land, the person responsible for the management of, an 
area for which the designation is terminated will be given written 
notice of the termination as soon as practicable.
    (e) The areas described below are designated as quarantined areas:

                                 Alabama

    The entire State.

                                Arkansas

    Ashley County. The entire county.
    Bradley County. The entire county.
    Calhoun County. The entire county.
    Chicot County. The entire county.
    Clark County. The entire county.
    Cleveland County. The entire county.
    Columbia County. The entire county.
    Dallas County. The entire county.
    Desha County. The entire county.
    Drew County. The entire county.
    Faulkner County. That portion of the county lying south of a line 
beginning at the intersection of Interstate 40 and the Faulkner/Conway 
County line; then southeast on Interstate 40 to U.S. Highway 64; then 
east on U.S. Highway 64 to the Faulkner/White County line.
    Garland County. The entire county.
    Grant County. The entire county.
    Hempstead County. The entire county.
    Hot Spring County. The entire county.
    Howard County. The entire county.
    Jefferson County. The entire county.
    Lafayette County. The entire county.
    Lincoln County. The entire county.
    Little River County. The entire county.
    Miller County. The entire county.
    Nevada County. The entire county.
    Ouachita County. The entire county.
    Pike County. The entire county.

[[Page 89]]

    Polk County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 4 and the Oklahoma/
Arkansas border; then east on State Highway 4 to U.S. Highway 71; then 
south on U.S. Highway 71 to State Highway 246; then east on State 
Highway 246 to the Polk/Howard County line.
    Pulaski County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.

                               California

    Los Angeles County. That portion of Los Angeles County in the 
Cerritos area bounded by a line beginning at the intersection of Artesia 
Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the 
Los Angeles/Orange County Line; then south and west along the Los 
Angeles/Orange County Line to Carson Street; then west along Carson 
Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
Centralia Street; then west along Centralia Street to Pioneer Boulevard; 
then north along Pioneer Boulevard to South Street; then east along 
South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
183rd Street; then east along 183rd Street to Bloomfield Avenue; then 
north along Bloomfield Avenue to Artesia Boulevard; then east along 
Artesia Boulevard to the point of beginning.
    That portion of Los Angeles County in the Azusa area bounded by a 
line beginning at the intersection of Irwindale Avenue and Foothill 
Boulevard; then east along Foothill Boulevard to Azusa Avenue; then 
south along Azusa Avenue to East Fifth Street; then east along East 
Fifth Street to North Cerritos Avenue; then south along North Cerritos 
Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, 
then south along Azusa Avenue to Covina Boulevard; then west along an 
imaginary line to the intersection of Martinez Street and Irwindale 
Avenue; then north along Irwindale Avenue to the point of beginning.
    Orange County. The entire county.
    Riverside County. That portion of Riverside County in the Indio area 
bounded by a line beginning at the intersection of Avenue 50 and Jackson 
Street; then south along Jackson Street to 54th Avenue; then west along 
54th Avenue to Madison Street; then north along Madison Street to Avenue 
50; then east along Avenue 50 to the point of beginning.
    That portion of Riverside County in the Moreno Valley area bounded 
by a line beginning at the intersection of Reche Vista Drive and Canyon 
Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; 
then east along Valley Ranch Road to Michael Way; then south along 
Michael Way to Casey Court; then east along Casey Court to the Moreno 
Valley City Limits; then south and east along the Moreno Valley City 
Limits to Pico Vista Way; then southwest along Pico Vista Way to Los 
Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then 
west along Jaclyn Avenue to Perris Boulevard; then south along Perris 
Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard 
Street; then north along Hubbard Street to Nightfall Way; then west and 
south along Nightfall Way to Sundial Way; then west along Sundial Way to 
Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west 
along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane 
to Moonraker Lane; then west along Moonraker Lane to Davis Street; then 
south along Davis Street to Gregory Lane; then west along Gregory Lane 
to Heacock Street; then northwest along an imaginary line to the 
intersection of Lake Valley Drive and Breezy Meadow Drive; then north 
along Breezy Meadow Drive to its intersection with Stony Creek; then 
north along an imaginary line to the intersection of Old Lake Drive and 
Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway to 
El Granito Street; then east along El Granito Street to Lawless Road; 
then east along an imaginary line to the intersection of Heacock Street 
and Reche Vista Drive; then north along Reche Vista Drive to the point 
of beginning.
    That portion of Riverside County in the Bermuda Dunes, Palm Desert, 
and Rancho Mirage areas bounded by a line beginning at the intersection 
of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to 
Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo 
Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then 
west along Gerald Ford Drive to Bob Hope Drive; then south along Bob 
Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive 
to Vista Del Sol; then south along Vista Del Sol to Country Club Drive; 
then east along Country Club Drive to Adams Street; then south along 
Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo 
Place; then south along Tranquillo Place to its intersection with 
Harbour Court; then southwest along an imaginary line to the 
intersection of Granada Drive and Caballeros Drive; then southeast along 
Caballeros Drive to Kingston Drive; then west along Kingston Drive to 
Mandeville Road; then east along Mandeville Road to Port Maria Road; 
then south along Port Maria Road to Fred Waring Drive; then west along 
Fred Waring Drive to its intersection with Dune Palms Road; then 
southwest along an imaginary line to the intersection of Adams Street 
and Miles Avenue; then west along Miles Avenue to Washington Street; 
then northwest along Washington Street to Fred Waring Drive; then

[[Page 90]]

west along Fred Waring Drive to Joshua Road; then north along Joshua 
Road to Park View Drive; then west along Park View Drive to State 
Highway 111; then northwest along State Highway 111 to Magnesia Fall 
Drive; then west along Magnesia Fall Drive to Gardess Road; then 
northwest along Gardess Road to Dunes View Road; then northeast along 
Dunes View Road to Halgar Road; then northwest along Halgar Road to 
Indian Trail Road; then northeast along Indian Trail Road to Mirage 
Road; then north along Mirage Road to State Highway 111; then northwest 
along State Highway 111 to Frank Sinatra Drive; then west along Frank 
Sinatra Drive to Da Vall Drive; then north along Da Vall Drive to Ramon 
Road; then east along Ramon Road to the point of beginning.
    That portion of Riverside County in the Palm Springs area bounded by 
a line beginning at the intersection of Tramway Road, State Highway 111, 
and San Rafael Drive; then east along San Rafael Drive to Indian Canyon 
Drive; then south along Indian Canyon Drive to Francis Drive; then east 
along Francis Drive to North Farrell Drive; then south along North 
Farrell Drive to Verona Road; then east along Verona Road to Whitewater 
Club Drive; then east along an imaginary line to the intersection of 
Verona Road and Ventura Drive; then east along Verona Road to Avenida 
Maravilla; then east and south along Avenida Maravilla to 30th Avenue; 
then west along 30th Avenue to its end; then due west along an imaginary 
line to the Whitewater River; then southeast along the Whitewater River 
to Dinah Shore Drive; then west along an imaginary line to the east end 
of 34th Avenue; then west along 34th Avenue to Golf Club Drive; then 
south along Golf Club Drive to East Palm Canyon Drive; then south along 
an imaginary line to the intersection of Desterto Vista and Palm Hills 
Drive; then south along Palm Hills Drive to its end; then southwest 
along an imaginary line to the intersection of Murray Canyon and Palm 
Canyon Drive; then northwest along Palm Canyon Drive to the Palm Springs 
city limits; then west and north along Palm Springs city limits to 
Tahquitz Creek; then due north along an imaginary line to Tramway Road; 
then northeast along Tramway Road to the point of beginning.

                                 Florida

    The entire State.

                                 Georgia

    The entire State.

                                Louisiana

    The entire State.

                               Mississippi

    The entire State.

                               New Mexico

    Dona Ana County. The entire county.

                             North Carolina

    Anson County. The entire county.
    Beaufort County. The entire county.
    Bertie County. That portion of the county bounded by a line 
beginning at the intersection of State Highway 11/42 and the Hertford/
Bertie County line; then east along the Hertford/Bertie County line to 
the Bertie/Chowan County line; then south along the Bertie/Chowan County 
line to the Bertie/Martin County line; then west along the Bertie/Martin 
County line to State Highway 11/42; then north along State Highway 11/42 
to the point of beginning.
    Bladen County. The entire county.
    Brunswick County. The entire county.
    Cabarrus County. That portion of the county bounded by a line 
beginning at the intersection of the Cabarrus/Mecklenburg County line 
and State Highway 73; then east along State Highway 73 to U.S. Highway 
601 Business; then southeast along U.S. Highway 601 Business to State 
Highway 200; then southeast along State Highway 200 to the Cabarrus/
Stanly County line; then south along the Cabarrus/Stanly County line to 
the Cabarrus/Union County line; then northwest along the Cabarrus/Union 
County line to the Cabarrus/Mecklenburg County line; then northwest 
along the Cabarrus/Mecklenburg County line to the point of beginning.
    Camden County. That portion of the county bounded by a line 
beginning at the intersection of State Road 1112 and State Highway 343; 
then east along State Highway 343 to State Road 1107; then south along 
State Road 1107 to the Camden/Pasquotank County line; then north along 
the Camden/Pasquotank County line to State Road 1112; then north along 
State Road 1112 to the point of beginning.
    Carteret County. The entire county.
    Chatham County. That portion of the county bounded by a line 
beginning at the intersection of the Chatham/Randolph County line and 
U.S. Highway 64; then east along U.S. Highway 64 to the Chatham/Wake 
County line; then south along the Chatham/Wake County line to the 
Chatham/Harnett County line; then south along the Chatham/Harnett County 
line to the Chatham/Lee County line; then west along the Chatham/Lee 
County line to the Chatham/Moore County line; then west along the 
Chatham/Moore County line to the Chatham/Randolph County line; then 
north along the Chatham/Randolph County line to the point of beginning.
    Chowan County. That portion of the county bounded by a line 
beginning at the intersection of the Chowan/Gates County line and State 
Highway 32; then south along State Highway 32 to State Highway 37; then 
east along State Highway 37 to the Chowan/

[[Page 91]]

Perquimans County line; then south along the Chowan/Perquimans County 
line to the shoreline of the Albemarle Sound; then west along the 
shoreline of the Albemarle Sound to the Chowan/Bertie County line; then 
north along the Chowan/Bertie County line to the Chowan/Hertford County 
line; then north along the Chowan/Hertford County line to the Chowan/
Gates County line; then east along the Chowan/Gates County line to the 
point of beginning.
    Columbus County. The entire county.
    Craven County. The entire county.
    Cumberland County. The entire county.
    Currituck County. That portion of the county bounded by a line 
beginning at the intersection of the Currituck/Camden County line and 
State Road 1112; then east along State Road 1112 to U.S. Highway 158; 
then south along U.S. Highway 158 to State Road 1111; then east along 
State Road 1111 to the shoreline of the Atlantic Ocean; then south along 
the shoreline of the Atlantic Ocean to the Currituck/Duck County line; 
then south and west along the Currituck/Duck County line to the 
Currituck/Camden County line; then north along the Currituck/Camden 
County line to the point of beginning.
    Dare County. The entire county, excluding the portion of the barrier 
islands south of Oregon Inlet.
    Duplin County. The entire county.
    Edgecombe County. That portion of the county bounded by a line 
beginning at the intersection of State Highway 33 and State Highway 111; 
then east along State Highway 111 to State Highway 142; then east along 
State Highway 142 to the Edgecombe/Martin County line; then south along 
the Edgecombe/Martin County line to the Edgecombe/Pitt County line; then 
west along the Edgecombe/Pitt County line to State Highway 33; then 
north along State Highway 33 to the point of beginning.
    Gaston County. That portion of the county bounded by a line 
beginning at the intersection of the Gaston/Cleveland County line and 
Interstate Highway 85; then north and east along Interstate Highway 85 
to the Gaston/Mecklenburg County line; then south along the Gaston/
Mecklenburg County line to the North Carolina/South Carolina State line; 
then west along the North Carolina/South Caroline State line to the 
Gaston/Cleveland County line; then north along the Gaston/Cleveland 
County line to the point of beginning.
    Greene County. The entire county.
    Harnett County. That portion of the county lying south of a line 
beginning at the intersection of U.S. Highway 421 and the Harnett/Lee 
County line; then east and southeast on U.S. Highway 421 to Interstate 
95; then northeast on Interstate 95 to the Harnett/Johnston County line.
    Hertford County. That portion of the county lying east of a line 
beginning at the intersection of U.S. Highway 13 and the Hertford/Bertie 
County line; then north on U.S. Highway 13 to County Route 1419 (Newsome 
Grove Road); then north on County Route 1419 to County Route 1415 
(Catherine Creek Road); then northeast on County Route 1415 to County 
Route 1409 (Hall Siding Road); then northwest on County Route 1409 to 
County Route 1403 (Ahoskie-Cofield Road); then northeast on County Route 
1403 to County Route 1400 (River Road); then northwest on County Route 
1400 to County Route 1402 (Tunis Road); then northeast on County Route 
1402 to the Chowan River and the Hertford/Gates County line.
    Hoke County. The entire county.
    Hyde County. The entire county.
    Johnston County. That portion of the county lying south and east of 
Interstate 95.
    Jones County. The entire county.
    Lee County. The entire county.
    Lenoir County. The entire county.
    Martin County. That portion of the county bounded by a line 
beginning at the intersection of the Martin/Edgecombe County line and 
State Highway 142; then east along State Highway 142 to State Highway 
125; then north along State Highway 125 to State Road 1429; then east 
along State Road 1429 to the Martin/Bertie County line; then south along 
the Martin/Bertie County line to the Martin/Washington County line; then 
south along the Martin/Washington County line to the Martin/Beaufort 
County line; then west along the Martin/Beaufort County line to the 
Martin/Pitt County line; then north along the Martin/Pitt County line to 
the Martin/Edgecombe County line; then north along the Martin/Edgecombe 
County line to the point of beginning.
    Mecklenburg County. The entire county.
    Montgomery County. The entire county.
    Moore County. The entire county.
    Nash County. That portion of the county bounded by Interstate 95 on 
the west, the old Seaboard Railroad tracks on the south, the Nash/
Edgecombe County line on the east, and on the north by State Highway 4 
to its junction with U.S. Highway 301, then following a straight line 
east to the Nash/Edgecombe County line.
    New Hanover County. The entire county.
    Onslow County. The entire county.
    Pamlico County. The entire county.
    Pasquotank County. That portion of the county bounded by a line 
beginning at the intersection of the Pasquotank/Perquimans County line 
and U.S. Highway 17; then east along U.S. Highway 17 to the Pasquotank/
Camden County line; then south along the Pasquotank/Camden County line 
to the shoreline of the Albemarle Sound; then west along the shoreline 
of the Albemarle Sound to the Pasquotank/Perquimans County line; then 
north along the Pasquotank/Perquimans County line to the point of 
beginning.

[[Page 92]]

    Pender County. The entire county.
    Perquimans County. That portion of the county bounded by a line 
beginning at the intersection of the Perquimans/Chowan County line and 
State Road 1118; then east along State Road 1118 to State Road 1200; 
then north along State Road 1200 to State Road 1213; then east along 
State Road 1213 to State Road 1214; then southeast along State Road 1214 
to State Road 1221; then northeast along State Road 1221 to the 
Perquimans/Pasquotank County line; then south along the Perquimans/
Pasquotank County line to the shoreline of the Albemarle Sound; then 
west along the shoreline of the Albemarle Sound to the Perquimans/Chowan 
County line; then north along the Perquimans/Chowan County line to the 
point of beginning.
    Pitt County. The entire county.
    Richmond County. The entire county.
    Robeson County. The entire county.
    Sampson County. The entire county.
    Scotland County. The entire county.
    Stanly County. That portion of the county bounded by a line 
beginning at the intersection of the Stanly/Cabarrus County line and 
State Highway 24/27; then east along State Highway 24/27 to the Stanly/
Montgomery County line; then south along the Stanly/Montgomery County 
line to the Stanly/Anson County line; then west along the Stanly/Anson 
County line to the Stanly/Union County line; then west along the Stanly/
Union County line to the Stanly/Cabarrus County line; then north along 
the Stanly/Cabarrus County line to the point of beginning.
    Tyrrell County. The entire county.
    Union County. The entire county.
    Wake County. That portion of the county lying south of a line 
beginning at the intersection of U.S. Highway 70 and the Wake/Durham 
County line; then south and east on U.S. Highway 70 to Interstate 
Highway 440; then east on Interstate 440 to Wake Forest Road; then north 
on Wake Forest Road to Spring Forest Road; then east on Spring Forest 
Road to State Highway 401; then north on State Highway 401 to the Neuse 
River; and then south along the Neuse River to the Wake/Johnston County 
line.
    Washington County. The entire county.
    Wayne County. That portion of the county bounded by a line beginning 
at the intersection of the Wayne/Johnston County line and U.S. Highway 
70; then east along U.S. Highway 70 to State Highway 111; then north 
along State Highway 111 to State Road 1572; then southeast along State 
Road 1572 to U.S. Highway 13; then east along U.S. Highway 13 to the 
Wayne/Greene County line; then south along the Wayne/Greene County line 
to the Wayne/Lenoir County line; then south along the Wayne/Lenoir 
County line to the Wayne/Duplin County line; then west along the Wayne/
Duplin County line to the Wayne/Sampson County line; then west along the 
Wayne/Sampson County line to the Wayne/Johnston County line; then north 
along the Wayne/Johnston County line to the point of beginning.

                                Oklahoma

    Bryan County. The entire county.
    Carter County. The entire county.
    Choctaw County. The entire county.
    Comanche County. The entire county.
    Johnston County. The entire county.
    Love County. The entire county.
    Marshall County. The entire county.
    McCurtain County. The entire county.

                               Puerto Rico

    The entire State.

                             South Carolina

    Abbeville County. The entire county.
    Aiken County. The entire county.
    Allendale County. The entire county.
    Anderson County. That portion of the county bounded by a line 
beginning at the intersection of South Carolina Primary Highway 28 and 
the Pickens County/Anderson County line; then southeast along South 
Carolina Primary Highway 28 to its intersection with County Road 115; 
then southeast along County Road 115 to its intersection with County 
Road 29; then southeast along County Road 29 to its intersection with 
County Road 81; then south along County Road 81 to its intersection with 
South Carolina Highway 247; then east along this highway to its 
intersection with the eastern Anderson County line; then south, 
southwest, north and northeast along this county line to the point of 
beginning.
    Bamberg County. The entire county.
    Barnwell County. The entire county.
    Beaufort County. The entire county.
    Berkeley County. The entire county.
    Calhoun County. The entire county.
    Charleston County. The entire county.
    Cherokee County. That portion of the county bounded by a line 
beginning at the intersection of the Cherokee/Spartanburg County line 
and Interstate Highway 85; then north along Interstate Highway 85 to the 
South Carolina/North Carolina State line; then east along the South 
Carolina/North Carolina State line to the Cherokee/York County line; 
then south along the Cherokee/York County line to the Cherokee/Union 
County line; then northwest along the Cherokee/Union County line to the 
Cherokee/Spartanburg County line; then northwest along the Cherokee/
Spartanburg County line to the point of beginning.
    Chester County. The entire county.
    Chesterfield County. The entire county.
    Clarendon County. The entire county.
    Colleton County. The entire county.
    Darlington County. The entire county.
    Dillon County. The entire county.

[[Page 93]]

    Dorchester County. The entire county.
    Edgefield County. The entire county.
    Fairfield County. The entire county.
    Florence County. The entire county.
    Georgetown County. The entire county.
    Greenwood County. The entire county.
    Greenville County. That portion of the county bounded by a line 
beginning at the intersection of U.S. Highway 29 and the western 
Greenville County line; then east along U.S. Highway 29 to its 
intersection with the eastern Greenville County line; then south, 
southwest, and north along the eastern Greenville County line to the 
point of beginning.
    Hampton County. The entire county.
    Horry County. The entire county.
    Jasper County. The entire county.
    Kershaw County. The entire county.
    Lancaster County. The entire county.
    Laurens County. The entire county.
    Lee County. The entire county.
    Lexington County. The entire county.
    Marion County. The entire county.
    Marlboro County. The entire county.
    McCormick County. The entire county.
    Newberry County. The entire county.
    Oconee County. That portion of the county bounded by a line 
beginning at the intersection of the South Carolina/Georgia State line 
and U.S. Highway 123; then east along U.S. Highway 123 to U.S. Highway 
76; then southeast along U.S. Highway 76 to State Highway 183; then 
northeast along State Highway 183 to Oconee County Road 107; then east 
along Oconee County Road 107 to State Highway 11; then north along State 
Highway 11 to State Highway 183; then east along State Highway 183 to 
the Oconee/Pickens County line; then south along the Oconee/Pickens 
County line to the Oconee/Anderson County line; then southwest along the 
Oconee/Anderson County line to the South Carolina/Georgia State line; 
then northwest along the South Carolina/Georgia State line to the point 
of beginning.
    Orangeburg County. The entire county.
    Pickens County. That portion of the county bounded by a line 
beginning at the intersection of the Pickens/Oconee County line and 
State Highway 183; then northeast along State Highway 183 to Pickens 
County Road 160; then southeast along Pickens County Road 160 to State 
Highway 133; then south along State Highway 133 to Pickens County Road 
15; then southeast along Pickens County Road 15 to State Highway 93; 
then northeast along State Highway 93 to Pickens County Road 395; then 
east along Pickens County Road 395 to Pickens County Road 27; then south 
along Pickens County Road 27 to U.S. Highway 123; then northeast along 
U.S. Highway 123 to U.S. Highway 178; then south along U.S. Highway 178 
to the Pickens/Anderson County line; then southwest along the Pickens/
Anderson County line to the Pickens/Oconee County line; then north along 
the Pickens/Oconee County line to the point of beginning.
    Richland County. The entire county.
    Saluda County. The entire county.
    Spartanburg County. That portion of the county bounded by a line 
beginning at the intersection of the Spartanburg/Greenville County line 
and State Highway 357; then northeast along State Highway 357 to 
Spartanburg County Road 38; then east along Spartanburg County Road 38 
to U.S. Highway 176; then southeast along U.S. Highway 176 to 
Spartanburg County Road 56; then east along Spartanburg County Road 56 
to U.S. Highway 221; then northeast along U.S. Highway 221 to 
Spartanburg County Road 105; then southeast along Spartanburg County 
Road 105 to State Highway 110; then north along State Highway 110 to the 
Spartanburg/Cherokee County line; then south along the Spartanburg/
Cherokee County line to the Spartanburg/Union County line; then 
southwest along the Spartanburg/Union County line to the Spartanburg/
Laurens County line; then northwest along the Spartanburg/Laurens County 
line to the Spartanburg/Greenville County line; then northwest and north 
along the Spartanburg/Greenville County line to the point of beginning.
    Sumter County. The entire county.
    Union County. The entire county.
    Williamsburg County. The entire county.
    York County. The entire county.

                                Tennessee

    Bradley County. The entire county.
    Chester County. The entire county.
    Decatur County. That portion of the county lying south of Interstate 
Highway 40.
    Fayette County. The entire county.
    Franklin County. That portion of the county lying south a line 
beginning at the intersection of State Highway 50 and the Moore/Franklin 
County line; then east on State Highway 50 to U.S. Highway 64; then east 
on U.S. Highway 64 to U.S. Highway Alt 41; then east on U.S. Highway Alt 
41 to the Grundy/Marion County line; also the entire city limits of 
Winchester, Decherd, and Estill Springs.
    Giles County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 129 and the Giles/
Marshall County line; then west along State Highway 129 to U.S. Highway 
31; then west along an imaginary line to the Lawrence/Giles County line.
    Hamilton County. The entire county.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    Haywood County. That portion of the county lying south of Interstate 
Highway 40.
    Henderson County. The entire county.
    Lawrence County. The entire county.
    Lewis County. The entire county.
    Lincoln County. The entire county.
    Madison County. The entire county.

[[Page 94]]

    Marion County. The entire county.
    Marshall County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 129 and the Giles/
Marshall County line; then east along State Highway 129 to U.S. Highway 
Alt. 31; then north along U.S. Highway Alt. 31 to State Highway 50; then 
southeast along State Highway 50 to the Marshall/Lincoln County line.
    Maury County. That portion of the county lying south and west of a 
line beginning at the intersection of U.S. Highway 412 and the Maury/
Lewis County line; then east on U.S. Highway 412 to State Highway 166; 
then southeast on State Highway 166 to Dry Creek Road; then south on Dry 
Creek Road to the Maury/Lawrence County line.
    McMinn County. The entire county.
    McNairy County. The entire county.
    Meigs County. The entire county.
    Monroe County. That portion of the county lying south of a line 
beginning at the intersection of the Loudon/Monroe County line and State 
Highway 68; then southeast along State Highway 68 to U.S. Highway 411; 
then northeast along U.S. Highway 411 to the Monroe/Loudon County line; 
also the entire cities of Sweetwater, Madisonville, and Vonore, TN.
    Moore County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 82 and the Moore/Bedford 
County line; then southeast on State Highway 82 to State Highway 55; 
then northeast on State Highway 55 to Cobb Hollow Road; then east on 
Cobb Hollow Road to the Moore/Coffee County line.
    Perry County. That portion of the county lying south of latitude 
35 deg.45[min].
    Polk County. The entire county.
    Rhea County. The entire county.
    Sequatchie County. That portion of the county lying south of a line 
beginning at the intersection of the Grundy/Sequatchie County line and 
State Highway 399; then northeast along State Highway 399 to State 
Highway 8/111; then northeast along an imaginary line to the Sequatchie/
Bledsoe County line.
    Shelby County. The entire county.
    Wayne County. The entire county.

                                  Texas

    Anderson County. The entire county.
    Angelina County. The entire county.
    Aransas County. The entire county.
    Atascosa County. The entire county.
    Austin County. The entire county.
    Bandera County. The entire county.
    Bastrop County. The entire county.
    Bee County. The entire county.
    Bell County. The entire county.
    Bexar County. The entire county.
    Blanco County. The entire county.
    Bosque County. The entire county.
    Bowie County. The entire county.
    Brazoria County. The entire county.
    Brazos County. The entire county.
    Brooks County. The entire county.
    Brown County. The entire county.
    Burleson County. The entire county.
    Burnet County. The entire county.
    Caldwell County. The entire county.
    Calhoun County. The entire county.
    Cameron County. The entire county.
    Camp County. The entire county.
    Cass County. The entire county.
    Chambers County. The entire county.
    Cherokee County. The entire county.
    Collin County. The entire county.
    Colorado County. The entire county.
    Comal County. The entire county.
    Comanche County. The entire county.
    Cooke County. The entire county.
    Coryell County. The entire county.
    Dallas County. The entire county.
    Delta County. The entire county.
    Denton County. The entire county.
    De Witt County. The entire county.
    Dimmit County. The entire county.
    Duval County. The entire county.
    Eastland County. The entire county.
    Ector County. The entire county.
    Edwards County. The entire county.
    Ellis County. The entire county.
    Erath County. The entire county.
    Falls County. The entire county.
    Fannin County. The entire county.
    Fayette County. The entire county.
    Fort Bend County. The entire county.
    Franklin County. The entire county.
    Freestone County. The entire county.
    Frio County. The entire county.
    Galveston County. The entire county.
    Gillespie County. The entire county.
    Goliad County. The entire county.
    Gonzales County. The entire county.
    Grayson County. The entire county.
    Gregg County. The entire county.
    Grimes County. The entire county.
    Guadalupe County. The entire county.
    Hamilton County. The entire county.
    Hardin County. The entire county.
    Harris County. The entire county.
    Harrison County. The entire county.
    Hays County. The entire county.
    Henderson County. The entire county.
    Hidalgo County. The entire county.
    Hill County. The entire county.
    Hood County. The entire county.
    Hopkins County. The entire county.
    Houston County. The entire county.
    Hunt County. The entire county.
    Jack County. The entire county.
    Jackson County. The entire county.
    Jasper County. The entire county.
    Jefferson County. The entire county.
    Jim Wells County. The entire county.
    Johnson County. The entire county.
    Jones County. The entire county.
    Karnes County. The entire county.
    Kaufman County. The entire county.
    Kendall County. The entire county.
    Kenedy County. The entire county.

[[Page 95]]

    Kerr County. The entire county.
    Kimble County. The entire county.
    Kinney County. The entire county.
    Kleberg County. The entire county.
    La Salle County. The entire county.
    Lamar County. The entire county.
    Lampasas County. The entire county.
    Lavaca County. The entire county.
    Lee County. The entire county.
    Leon County. The entire county.
    Liberty County. The entire county.
    Limestone County. The entire county.
    Live Oak County. The entire county.
    Llano County. The entire county.
    Madison County. The entire county.
    Marion County. The entire county.
    Mason County. The entire county.
    Matagorda County. The entire county.
    Maverick County. The entire county.
    McCulloch County. The entire county.
    McLennan County. The entire county.
    McMullen County. The entire county.
    Medina County. The entire county.
    Midland County. The entire county.
    Milam County. The entire county.
    Montague County. The entire county.
    Montgomery County. The entire county.
    Morris County. The entire county.
    Nacogdoches County. The entire county.
    Navarro County. The entire county.
    Newton County. The entire county.
    Nueces County. The entire county.
    Orange County. The entire county.
    Palo Pinto County. The entire county.
    Panola County. The entire county.
    Parker County. The entire county.
    Polk County. The entire county.
    Rains County. The entire county.
    Real County. The entire county.
    Red River County. The entire county.
    Refugio County. The entire county.
    Robertson County. The entire county.
    Rockwall County. The entire county.
    Rusk County. The entire county.
    Sabine County. The entire county.
    San Augustine County. The entire county.
    San Jacinto County. The entire county.
    San Patricio County. The entire county.
    San Saba County. The entire county.
    Shelby County. The entire county.
    Smith County. The entire county.
    Somervell County. The entire county.
    Stephens County. The entire county.
    Tarrant County. The entire county.
    Taylor County. The entire county.
    Titus County. The entire county.
    Tom Green County. The entire county.
    Travis County. The entire county.
    Trinity County. The entire county.
    Tyler County. The entire county.
    Upshur County. The entire county.
    Uvalde County. The entire county.
    Val Verde County. The entire county.
    Van Zandt County. The entire county.
    Victoria County. The entire county.
    Walker County. The entire county.
    Waller County. The entire county.
    Washington County. The entire county.
    Webb County. The entire county.
    Wharton County. The entire county.
    Wichita County. The entire county.
    Willacy County. The entire county.
    Williamson County. The entire county.
    Wilson County. The entire county.
    Wise County. The entire county.
    Wood County. The entire county.
    Young County. The entire county.
    Zavala County. The entire county.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 3314, Jan. 21, 1994; 59 
FR 6531, Feb. 11, 1994; 59 FR 22492, May 2, 1994; 60 FR 52832, Oct. 11, 
1995; 61 FR 17551, Apr. 22, 1996; 63 FR 4152, Jan. 28, 1998; 63 FR 
36156, July 2, 1998; 64 FR 27658, May 21, 1999; 64 FR 60334, Nov. 5, 
1999; 65 FR 30339, May 11, 2000; 65 FR 66489, Nov. 6, 2000; 67 FR 1069, 
Jan. 9, 2002]



Sec. 301.81-4  Interstate movement of regulated articles from quarantined areas.

    (a) Any regulated article may be moved interstate from a quarantined 
area into or through an area that is not quarantined only if moved under 
the following conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.81-5 and 301.81-9 of this subpart;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the quarantined area from 
an area that is not quarantined;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the quarantined area 
(without stopping except for refueling, or for traffic conditions, such 
as traffic lights or stop signs), or has been stored, packed, or parked 
in locations inaccessible to the imported fire ant, or in locations that 
have been treated in accordance with the methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures''), while in or moving through any quarantined area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity; or
    (3) Without a certificate or limited permit provided the regulated 
article is

[[Page 96]]

a soil sample being moved to a laboratory approved by the Administrator 
\3\ to process, test, or analyze soil samples.
---------------------------------------------------------------------------

    \3\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) Inspectors are authorized to stop any person or means of 
conveyance moving in interstate commerce they have probable cause to 
believe is moving regulated articles, and to inspect the articles being 
moved and the means of conveyance. Articles found to be infested by an 
inspector, and articles not in compliance with the regulations in this 
subpart, may be seized, quarantined, treated, subjected to other 
remedial measures, destroyed, or otherwise disposed of. Any treatments 
will be in accordance with the methods and procedures prescribed in the 
Appendix to this subpart (III. Regulatory Procedures), or in accordance 
with the methods and procedures prescribed in the Plant Protection and 
Quarantine Treatment Manual, which is incorporated by reference at 
Sec. 300.1 of this chapter.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994; 67 FR 8464, Feb. 25, 2002]



Sec. 301.81-5  Issuance of a certificate or limited permit.

    (a) An inspector \4\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article approved under such compliance agreement if he or she 
determines that the regulated article:
---------------------------------------------------------------------------

    \4\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information on local offices may 
also be obtained from the Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Domestic and Emergency Operations, 4700 
River Road Unit 134, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved interstate in compliance with any additional 
conditions deemed necessary under section 414 of the Plant Protection 
Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; \5\ 
and
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    (3)(i) Is free of an imported fire ant infestation, based on his or 
her visual examination of the article;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of the 
imported fire ant; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in the Appendix to this subpart (``III. Regulatory 
Procedures'').
    (b) An inspector will issue a limited permit for the interstate 
movement of a regulated article not eligible for a certificate if the 
inspector determines that the regulated article:
    (1) Is to be moved interstate to a specified destination for 
specified handling, utilization, or processing (the destination and 
other conditions to be listed in the limited permit), and this 
interstate movement will not result in the spread of the imported fire 
ant because the imported fire ant will be destroyed by the specified 
handling, utilization, or processing;
    (2) Is to be moved interstate in compliance with any conditions that 
the Administrator may impose under section 414 of the Plant Protection 
Act (7 U.S.C. 7714) to prevent the spread of the imported fire ant; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates to a person 
operating under a compliance agreement (in accordance with Sec. 301.81-6 
of this subpart) or authorize reproduction of the certificates on 
shipping containers, or both, as requested by the person operating under

[[Page 97]]

the compliance agreement. These certificates may then be completed and 
used, as needed, for the interstate movement of regulated articles that 
have met all of the requirements of paragraph (a) of this section.

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

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994; 59 
FR 67609, Dec. 30, 1994; 66 FR 21052, Apr. 27, 2001]



Sec. 301.81-6  Compliance agreements.

    Persons who grow, handle, or move regulated articles interstate may 
enter into a compliance agreement \6\ if such persons review with an 
inspector each stipulation of the compliance agreement, have facilities 
and equipment to carry out disinfestation procedures or application of 
chemical materials in accordance with the ``Imported Fire Ant Program 
Manual,'' as set forth in the appendix to this subpart, and meet 
applicable State training and certification standards as authorized by 
the Federal Insecticide, Fungicide, and Rodenticide Act (86 Stat. 983; 7 
U.S.C. 136b). Any person who enters into a compliance agreement with 
APHIS must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \6\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.81-7  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and the reasons for the cancellation will be 
confirmed in writing as soon as circumstances allow within 20 days after 
oral notification of the cancellation. Any person whose certificate, 
limited permit, or compliance agreement has been canceled may appeal the 
decision, in writing, within 10 days after receiving the written 
cancellation notice. The appeal must state all of the facts and reasons 
that the person wants the Administrator to consider in deciding the 
appeal. A hearing may be held to resolve any conflict as to any material 
fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the appeal, in writing, stating the reasons for the decision.

(Approved by the Office of Management and Budget under control number 
0579-0102)

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-8  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \7\ at least 48 hours before the services 
are needed.
---------------------------------------------------------------------------

    \7\ See footnote 4 to Sec. 301.81-5(a).
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

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

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-9  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing interstate movement of a regulated article is, at all times 
during interstate movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or

[[Page 98]]

    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the shipment's destination.

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

[57 FR 57327, Dec. 4, 1992, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 301.81-10  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The United 
States Department of Agriculture will not be responsible for any other 
costs or charges.

                Appendix to Subpart ``Imported Fire Ant''

                       III. Regulatory Procedures

    A. Instructions to Inspectors. Inspectors must know and follow 
instructions in the PPQ Treatment Manual, the pesticide label, and 
exemptions (Section 18 or 24 (c) of FIFRA) for the treatment or other 
procedures used to authorize the movement of regulated articles. These 
will serve as a basis for explaining such procedures to persons 
interested in moving articles affected by the quarantine. Inspectors 
shall furnish completed information to anyone interested in moving 
regulated articles.
    If there are questions concerning a particular treatment, contact 
your supervisor.
    B. Authorized Chemicals. The following chemicals are authorized for 
the treatment of regulated articles under the IFA quarantine:

                              Insecticides

Bifenthrin (Talstar [reg])
Chlorpyrifos (Dursban [reg])
Diazinon
Fenoxycarb (AWARD [reg])
Fipronil (Chipco[reg])
Hydramethylnon (AMDRO [reg])
Pyriproxyfen (Distance [reg])
Tefluthrin (FIREBAN [reg])

    C. Approved Treatments.

                     1. Equipment--Used Soil-Moving

    Methods: Used soil-moving equipment is eligible for movement when an 
inspector determines that one of the following procedures has been done:
    a. It has been brushed free of noncompacted soil;
    b. It has been washed free of noncompacted soil; or
    c. Noncompacted soil has been removed with air pressure equipment 
using compressors designed specifically for this purpose. Such 
compressors must provide free air delivery of no less than 30 cubic feet 
per minute at 200 pounds per square inch.
    Certification Period: As long as kept free of noncompacted soil.
    Limitations: Regardless of the type of cleaning equipment used, all 
debris and noncompacted soil must be removed unless it is steam-heated 
by a ``steam jenny'' to disinfest the articles. Used soil-moving 
equipment, such as bulldozers, dirt pans, motor graders, and draglines, 
are difficult to clean sufficiently to eliminate pest risk.
    Precaution: Steam may remove loose paint and usually is not 
recommended for use on equipment with conveyor belts and rubber parts.

                            2. Hay and Straw

    Baled hay and straw stored in direct contact with the ground is 
ineligible for movement.

                   3. Plants--Balled or in Containers

    a. Emulsifiable chlorpyrifos.
    Material: Emulsifiable chlorpyrifos--Immersion and drench treatments 
(post-harvest): any Environmental Protection Agency (EPA) registered 
formulation is acceptable.
    Dosage:

------------------------------------------------------------------------
                                      Amount of formulation to make 100
     Chlorpyrifos formulation           gallons of treating solution
------------------------------------------------------------------------
1 EC..............................  16 fl. oz. (472 ml).
2 EC..............................  8 fl. oz. (236 ml).
4 EC..............................  4 fl. oz. (118 ml).
------------------------------------------------------------------------

    Exposure Period: Plants can be certified immediately upon completion 
of treatment
    Certification Period: 30 days.
    Precautions: Dwarf yaupon may show phytotoxicity to chlorpyrifos.
    b. Bifenthrin.
    (i) Bifenthrin: Drench and Topical Applications.
    Material: Bifenthrin--drench of containerized nursery stock or 
topical application to 3- or 4-quart containerized nursery stock 
followed by irrigation with water.
    Dosage: Dosage rate is 25 ppm. The amount of formulation needed to 
achieve 25 ppm varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of formulation 
needed to achieve 25 ppm.

[[Page 99]]

    Exposure period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    Certification period: 180 days.
    (ii) Bifenthrin: Granular Formulation
    Material: Granular bifenthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular bifenthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount needed to achieve 
a specified dosage.

------------------------------------------------------------------------
  Granular Bifenthrin Dosage (parts per     Certification Period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-6 months.
12 ppm..................................  0-12 months.
15 ppm..................................  0-24 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified 
immediately upon completion of the treatment.
    c. Tefluthrin: Granular Formulation.
    Material: Granular tefluthrin--incorporation into soil or potting 
media for containerized nursery stock.
    Dosage: The amount of granular tefluthrin needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
tefluthrin needed to achieve a specified dosage.

------------------------------------------------------------------------
  Granular tefluthrin dosage (parts per    Certification period (months
                million)                         after treatment)
------------------------------------------------------------------------
10 ppm..................................  0-18 months.
25 ppm..................................  Continuous.
------------------------------------------------------------------------

    Exposure period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas immediately upon completion 
of the treatment.
    d. Fipronil: Granular Formulation.
    Material: Granular fipronil incorporation into soil or potting media 
for containerized nursery stock.
    Dosage: The amount of granular fipronil needed to achieve a 
specified dosage varies with the bulk density of the soil or potting 
media. Follow label directions to calculate the amount of granular 
fipronil needed to achieve a specified dosage.

------------------------------------------------------------------------
   Granular fipronil dosage  (parts per         Certification period
                 million)                     (months after treatment)
------------------------------------------------------------------------
10 ppm....................................  0-6 months.
12 ppm....................................  0-12 months.
15 ppm....................................  0-24 months.
25 ppm....................................  Continuous.
------------------------------------------------------------------------

    Exposure Period: Containerized nursery stock can be certified for 
interstate movement from quarantined areas 2 weeks after completion of 
treatment.
    e. General requirements for emulsifiable chlorpyrifos, bifenthrin, 
tefluthrin, or fipronil.
    Conditions and Type of Soil: Any friable soil may be treated.

                           Method A--Immersion

                                Equipment

    1. A watertight container for mixing the treating solutions.
    2. Open-top, watertight container sufficiently large to accommodate 
the treating solution and plants.
    Procedure: Locate immersion tank in well-ventilated place. Do not 
remove burlap wrap or plastic containers with drain holes prior to 
immersion Immerse soil balls and containers, singly or in groups, so 
that soil is completely covered by solution. Plants must remain in 
solution until bubbling ceases. Plant balls should have space between 
them when grouped in trays, baskets, or other dipping containers. After 
removal from dip, plants may be set on drainboard until adequately 
drained.
    Thorough saturation of the plant balls or containers with the 
insecticide solution is essential.
    As treating progresses, freshly prepared treating mixture should be 
added to maintain liquid at immersion depth. Dispose of tank contents 8 
hours after mixing. Clean tank before recharging. Disposal must comply 
with State and local regulations.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.

                            Method B--Drench

                                Equipment

    1. A large-capacity bulk mixing tank, either pressurized or gravity-
flow for mixing and holding the insecticide solution.
    2. Properly equipped hoses and watering nozzles that can be attached 
to the mixing tank and used to thoroughly saturate the plant balls with 
the insecticide solution.

                                Procedure

    1. Plants Balled with Burlap--Apply the chlorpyrifos solution as a 
substitute for plain water to the plants during the routine watering 
activities. Do not remove burlap wrap from plants prior to treatment. 
Treat plants singly or in groups with the chlorpyrifos solution to the 
point of runoff on a twice daily schedule for 3 consectutive days.
    The above treatment should be carried out in a well-ventilated place 
normally used to maintain plants prior to shipment. The treatment will 
be enhanced by adding any

[[Page 100]]

agricultural wetting agent such as Ortho-77, Tronic, 
Tecowet, etc., to the chlorpyrifos solution at the labeled 
rate (usually \1/2\ pint per 100 gallons of water).
    2. Containerized Plants--Apply the bifenthrin or chlorpyrifos 
solution to the point of saturation one time only. The volume of the 
treating solution must be at least \1/5\ (20%) of the volume of the 
container.
    Precautions: Thorough saturation of the plant balls or containers 
with the insecticide solution is essential. Runoff of the solution from 
the treatment area should not be permitted. Excess solution (and used 
solution) must be disposed of in accordance with State and local 
regulations.

                      Method C--Topical Application

    Apply bifenthrin according to the label instructions for topical 
application. The method may be used only with nursery stock in 3- and 4-
quart containers. Penetration of the pesticide in larger containers does 
not provide sufficient residual activity.
    Irrigate all treated containers with 1.5 inches of water following 
application.
    Precautions: Runoff of the solution from the treatment area should 
not be permitted. Excess solution (and used solution) must be disposed 
of in accordance with State and local regulations.
    Manufacture of the 10WP (wettable powder) formulation was 
discontinued in 1998; however, the EPA will allow this product to be 
utilized until supplies are exhausted.

              Method D--Granular Incorporation (Bifenthrin)

    Apply bifenthrin according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product evenly throughout 
the soil or potting media. After potting, containers must be watered to 
the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
granular bifenthrin is essential. Water that drains from the treatment 
area, which may contain bifenthrin, must be disposed of in accordance 
with State and local laws.

              Method E--Granular Incorporation (Tefluthrin)

    Apply tefluthrin according to the label directions for granular 
incorporation. Mix thoroughly to distribute the granular tefluthrin 
evenly throughout the soil or potting media. After potting, containers 
must be watered to the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
tefluthrin is essential. Water that drains from the treatment area, 
which may contain tefluthrin, must be disposed of in accordance with 
State and local laws.

               Method F--Granular Incorporation (Fipronil)

    Apply fipronil according to the label instructions for granular 
incorporation. Mix thoroughly to distribute product evenly throughout 
the soil or potting media. After potting, containers must be watered to 
the point of saturation.
    Precautions: Saturation of the soil or potting media with the 
granular fipronil is essential. Water that drains from the treatment 
area, which may contain fipronil, must be disposed of in accordance with 
State and local laws.

      4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only

    This detection, control, exclusion, and enforcement program is 
designed to keep nurseries free of the imported fire ant and provides a 
basis to certify containerized nursery stock for interstate movement.
    Participating regulated establishments must be operating under a 
compliance agreement. Such compliance agreements shall state the 
specific requirements that a shipper agrees to follow to move plants in 
accordance with the requirements of the program. Certificates and a 
nursery identification number may be issued to the nursery for use on 
shipments of regulated articles.

                                Detection

    A successful treatment program depends upon early detection of 
imported fire ant colonies. Nursery owners are required to survey 
visually their entire premises twice monthly for the presence of 
imported fire ants.
    Nurseries participating in this program will be inspected by Federal 
or State inspectors at least twice per year. More frequent inspections 
may be necessary depending upon imported fire ant infestation levels 
immediately surrounding the nursery, the thoroughness of nursery 
management in maintaining imported-fire-ant-free premises, and the 
number of previous detections of imported fire ants in or near 
containerized plants. Inspections by Federal and State inspectors should 
be more frequent just before and during the peak shipping season. Any 
nurseries determined during nursery inspections to have imported fire 
ant colonies must be immediately treated to the extent necessary to 
eliminate the colonies.

                                 Control

    Nursery plants that are shipped under this program must originate in 
a nursery free of imported fire ant. Nursery owners must implement a 
treatment program with registered bait and contact insecticides. The 
premises, including growing and holding areas, must be maintained free 
of the imported fire ant. As part of this treatment program, all exposed 
soil surfaces (including

[[Page 101]]

sod and mulched areas) on property where plants are grown, potted, 
stored, handled, loaded, unloaded, or sold must be treated with a 
broadcast application of hydramethylnon (AMDRO), fenoxycarb 
(AWARD), or pyriproxyfen (Distance) baits at least 
once every six months. The first application is more effective when 
applied early in the spring. An early spring bait application provides 
control before alate queens are produced or have time to establish new 
colonies. Follow label directions for use.
    When properly used, baits are between 80 percent and 90 percent 
effective. Follow-up treatments with a contact insecticide must be 
applied to eliminate all remaining colonies. Mound drench treatments 
with a registered formulation of chlorpyrifos or diazinon are approved. 
Follow label directions for use.

                                Exclusion

Bifenthrin
    For plants grown on the premises: Treatment of potting media with 
granular, flowable, or wettable powder formulation of bifenthrin prior 
to planting is required. This treatment reduces the risk of infestation 
of containers by alate queens flying in from adjacent or nearby infested 
premises. The dosage rate for granular bifenthrin is variable and is 
determined by the certification period selected; for flowable bifenthrin 
it is 25 ppm; for wettable powder it is 25 ppm.
    Apply this treatment according to the label instructions.
    Mixing must be adequate to blend the required dosage of pesticide 
throughout the entire potting soil mixture.
    For plants received from outside sources: To prevent the spread into 
a nursery free of the imported fire ant by newly introduced, infested 
nursery plants, all plants must be:
    (a) Obtained from nurseries free of imported fire ant that are 
certified under a compliance agreement; or
    (b) Treated with bifenthrin drench upon delivery in accordance with 
this appendix (III.C.3.b), and within 180 days be either:
    (1) Repotted in treated potting soil media,
    (2) Retreated with bifenthrin drench, immersion, or topical 
application (III.C.3.b) at 180-day intervals, or
    (3) Shipped.
Tefluthrin
    For plants grown on the premises: Treatment of soil or potting media 
with granular, flowable, tefluthrin prior to planting is permitted as an 
alternative to treatment with granular or wettable powder formulation of 
bifenthrin. This treatment reduces the risk of infestation of containers 
by alate queens flying in from adjacent or nearby infested premises. The 
dosage rate is variable, determined by the selected certification 
period, for the granular tefluthrin.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
tefluthrin throughout the entire soil or potting media.
Fipronil
    For plants grown on the premises: Treatment of soil or potting media 
with granular fipronil prior to planting is permitted as an alternative 
to treatment with granular formulations of bifenthrin or tefluthrin. 
This treatment reduces the risk of infestation of containers by alate 
queens flying in from adjacent or nearby infested premises. The dosage 
rate is variable, determined by the selected certification period, for 
the granular fipronil.
    Apply this treatment according to the label directions.
    Mixing must be adequate to blend the required dosage of granular 
fipronil throughout the entire soil or potting media.

                               Enforcement

    The nursery owner shall maintain records of the nursery's surveys 
and treatments for the imported fire ant. These records shall be made 
available to State and Federal inspectors upon request.
    If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates for 
movement shall be suspended until necessary treatments are applied and 
the plants and nursery premises are determined to be free of the 
imported fire ant. A Federal or State inspector may declare a nursery to 
be free of the imported fire ant upon reinspection of the premises. This 
inspection must be conducted no sooner than 30 days after treatment to 
ensure its effectiveness. During this period, certification may be based 
upon the drench or immersion treatment provided in paragraph III.C.3. of 
this appendix, titled ``Plants--Balled or in Containers.''
    Upon notification by the department of agriculture in any State of 
destination that a confirmed imported fire ant infestation was found on 
a shipment from a nursery considered free of the imported fire ant, the 
department of agriculture in the State of origin shall cease its 
certification of shipments from that nursery. An investigation by 
Federal or State inspectors will commence immediately to determine the 
probable source of the problem and to ensure that the problem is 
resolved. If the problem is an infestation, issuance of certification 
for movement on the basis of imported-fire-ant-free premises will be 
suspended until treatment and elimination of the infestation is 
completed. Reinstatement into the program will be granted upon 
determination that the nursery premises are free of the imported fire 
ant, and that all other provisions of this subpart are being followed.

[[Page 102]]

    In cases where the issuance of certificates is suspended through 
oral notification, the suspension and the reasons for the suspension 
will be confirmed in writing within 20 days of the oral notification of 
the suspension. Any person whose issuance of certificates has been 
suspended may appeal the decision, in writing, within 10 days after 
receiving the written suspension notice. The appeal must state all of 
the facts and reasons that the person wants the Administrator to 
consider in deciding the appeal. A hearing may be held to resolve any 
conflict as to any material fact. Rules of practice for the hearing will 
be adopted by the Administrator. As soon as practicable, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.
    Violations of the quarantine shall be investigated by Federal or 
State inspectors and appropriate penalties will be assessed to 
discourage further violations.
    This imported-fire-ant-free nursery program is not mandatory for 
movement of regulated articles. Plants, balled or in containers, may 
otherwise be certified for movement using the chlorpyrifos, bifenthrin, 
tefluthrin, or fipronil treatments described in paragraph III.C.3 of 
this appendix, titled ``Plants, Balled or in Containers.'' However, 
certification for movement under the imported-fire-ant-free nursery 
program will be granted only if all of the provisions of this subpart 
are followed.
    Certification Period: Continuous as long as all provisions of the 
imported-fire-ant-free nursery program are followed.

 5. Field-Grown Woody Ornamentals (In-Field Treatment Prior to Harvest)

    Material: Chlorpyrifos used in combination with fenoxycarb (AWARD 
[reg]), hydramethylnon (AMDRO [reg]), or pyriproxyfen (Distance [reg]) 
fire ant bait.
    Dosage: Fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO [reg]), or 
pyriproxyfen (Distance [reg]) at 1.0-1.5 lb (0.45-0.68 kg) bait/acre. 
Chlorpyrifos at 6.0 lb (2.7 kg) a.i./acre.
    Method: Apply fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) only when ants 
are actively foraging (follow EPA-approved label directions for use). 
Broadcast application with any type of equipment that can be calibrated 
to deliver 1.0-1.5 lb (0.45-0.68 kg) of bait per acre. Three to five 
days after the fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) application, 
apply chlorpyrifos broadcast at 6.0 lb (2.7 kg) a.i. per acre. Treatment 
area must extend at least 10 feet beyond the base of all plants that are 
to be certified.
    Exposure Period: 30 days. Plants can be certified 30 days after 
treatment.
    Certification Period: 12 weeks.
    Special Information: This in-field treatment is based on a 
sequential application of fenoxycarb (AWARD), hydramethylnon 
(AMDRO), or pyriproxyfen (Distance) followed by 
chlorpyrifos. The combination treatment is necessary since broadcast 
application of chlorpyrifos (or other short-term residual insecticides) 
usually does not eliminate large, mature IFA colonies, and no bait, 
including fenoxycarb (AWARD) or hydramethylnon 
(AMDRO), is capable of providing a residual barrier against 
reinfestation by new queens. Therefore, the fenoxycarb (AWARD) 
hydramethylnon (AMDRO), or pyriproxyfen (Distance) 
application will drastically reduce the IFA population while 
chlorpyrifos, applied approximately 5 days later, will destroy any 
remaining weakened colonies and also leave a residual barrier against 
reinfestation by new queens for at least 12 weeks.

          6. Blueberries and Other Fruit and Nut Nursery Stocks

    Certain States have special local need labeling in accordance with 
section 24(c) of FIFRA for D-z-n Diazinon AG-500 and D-z-
n Diazinon 50W, which APHIS will recognize as a regulatory 
treatment for containerized nonbearing blueberries and fruit and nut 
plants. Follow label directions for use.

                       7. Plants--Greenhouse Grown

    Greenhouse grown plants are certifiable without treatment if the 
inspector determines that the greenhouse is constructed of fiberglass, 
glass, or plastic in such a way that IFA is physically excluded and 
cannot become established within the enclosure. No other treatment of 
the plants will be necessary if they are not exposed to infestation.

                              8. Grass--Sod

                                Material

    a. Chlorpyrifos.

------------------------------------------------------------------------
                                Amount and dosage
           Material                of material      Certification period
------------------------------------------------------------------------
Chlorpyrifos..................  8.0 lb (3.6 kg)    6 weeks (after
                                 a.i./acre.         exposure period has
                                                    been completed).
------------------------------------------------------------------------


[[Page 103]]

    Exposure Period: 48 hours.

                                 Method

    1. Apply a single broadcast application of chlorpyrifos with ground 
equipment.
    2. Immediately after treatment, water the treated areas with at 
least \1/2\ inch of water.
    Chlorpyrifos wettable powder Dursban[reg] 50-WP: Follow label 
directions for regulatory treatment for IFA.
    b. Fipronil.

------------------------------------------------------------------------
                                Amount and dosage
           Material                of material      Certification period
------------------------------------------------------------------------
Fipronil......................  Dosage per         20 weeks (after
                                 application:       exposure period has
                                 0.0125 lb          been completed).
                                 (0.00567 kg)
                                 a.i./acre.
                                Total amount over
                                 two
                                 applications:
                                 0.025 lb
                                 (0.01134 kg)
                                 a.i./acre.
------------------------------------------------------------------------

    Exposure Period: 30 days from the second application.

                                 Method

    1. Apply in two applications approximately 1 week apart for a total 
of 0.025 lb (0.01134 kg) a.i./acre.
    2. Follow label directions for regulatory treatment for IFA.

                              9. Soil--Bulk

    Method: Bulk soil is eligible for movement when heated either by dry 
or steam heat after all parts of the mass have been brought to the 
required temperature.
    Temperature: 150  deg.F (65.5  deg.C).
    Certification Period: As long as protected from recontamination.

                            10. Soil Samples

    Soil samples are eligible for movement when heated or frozen as 
follows:

                                  Heat

    Method: Soil samples are heated either by dry heat or steam heat. 
All parts of the mass must be brought to the required temperature.
    Temperature: 150  deg.F (65.5  deg.C).
    Certification Period: As long as protected from recontamination.

                                  Cold

    Method: Soil samples are frozen in any commercial cold storage, 
frozen food locker, or home freezer capable of rapidly reducing to and 
maintaining required temperature. Soil samples will be placed in 
containers, such as plastic bags--one sample per bag. The containers 
will be arranged in the freezer in a manner to allow the soil samples to 
freeze in the fastest possible time. If desired, the frozen samples may 
be shipped in one carton.
    Temperature: -10 deg. to -20  deg.F (-23 deg. to -29  deg.C) for at 
least 24 hours.
    Certification Period: As long as protected from recontamination.
    D. Mitigative Measures. The following measures are required to 
minimize impact on the environment and human health. Any person 
requesting certification to authorize the movement of regulated articles 
must adhere to these measures where applicable.
    1. All applicable Federal, State, and local environmental laws and 
regulations must be followed.
    2. Safety equipment and clothing, as specified by the label 
instructions, must be used and worn during treatments and during 
inspections.
    3. Safety practices shall be communicated, and regulated 
establishment managers must require that on-the-job safety practices be 
followed.
    4. All pesticides must be applied, handled, stored, and used in 
accordance with label instructions.
    5. Empty pesticide containers must be disposed of in accordance with 
Federal and State regulations.
    6. Pesticide remaining in containers after completion of an 
application must be retained and disposed of in accordance with label 
instructions and Federal and State regulations.
    7. Oral or written warning must be provided to workers and the 
general public, indicating pesticide application areas during 
application and appropriate reentry periods.
    8. Owners/managers of regulated properties must take precautions to 
limit access by the public, livestock, and wildlife to treated areas.
    9. Accidental spill or water runoff of liquid or granular pesticides 
leading to potential contamination of ground and surface waters must be 
minimized by appropriate operating procedures. Catchment facilities 
(temporary or permanent) adequate to prevent contamination of ground and 
surface water are necessary in loading areas where liquid drenches and 
immersions are applied.

[[Page 104]]

    10. An environmental monitoring plan, including monitoring 
procedures, must be implemented by APHIS. Monitoring must be conducted 
to determine if additional mitigative measures are necessary.

[57 FR 57327, Dec. 4, 1992, as amended at 58 FR 57954, Oct. 28, 1993; 59 
FR 48779, Sept. 23, 1994; 59 FR 67609, Dec. 30, 1994; 62 FR 30740, June 
5, 1997; 64 FR 27659, May 21, 1999; 64 FR 57970, Oct. 28, 1999; 64 FR 
60334, Nov. 5, 1999; 65 FR 30341, May 11, 2000; 67 FR 58685, Sept. 18, 
2002]

Subpart--Unshu Oranges [Reserved]



                        Subpart--Golden Nematode

    Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.85  Quarantine; restriction on interstate movement of specified regulated articles.

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the State of New York in 
order to prevent the spread of the golden nematode (Globodera 
rostochiensis), which causes a dangerous disease of potatoes and certain 
other plants and is not widely prevalent or distributed within and 
throughout the United States. Through the aforementioned authorities, 
the Secretary imposes a quarantine on the State of New York with respect 
to the interstate movement from that State of the articles described in 
paragraph (b) of this section, issues regulations in this subpart 
governing the movement of such articles, and gives notice of this 
quarantine action.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec. 301.85-1 as regulated articles), except in accordance 
with the conditions prescribed in this subpart:
    (1) Soil, compost, humus, muck, peat, and decomposed manure, 
separately or with other things.
    (2) Plants with roots, except soil-free aquatic plants.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Irish potatoes included within any one or more of the following 
paragraph (b)(6)(i), (ii), or (iii) of this section:
    (i) Irish potatoes for seed; and
    (ii) Irish potatoes unless--
    (A) Each is at least 1\1/2\ inches in diameter based on measurement 
by a sizing screen or sizing chain, each is substantially free of soil 
as a result of grading (a method of removing soil mechanically) under a 
compliance agreement in accordance with Sec. 301.85-5(b), and they are 
moved in an approved container; or
    (B) Each is substantially free of soil as a result of washing or 
fluming under a compliance agreement in accordance with Sec. 301.85-
5(b), and they are moved in an approved container; or
    (iii) Irish potatoes harvested from a field tested and found by an 
inspector to contain an identifiable population of viable golden 
nematodes, unless such field had been subsequently treated in accordance 
with paragraph (b)(6)(ii) (A), (B), or (C) of this section under the 
supervision of an inspector and in accordance with any additional 
conditions found necessary by the inspector to assure effective 
application of the pesticide used; and unless headlands and farm roads 
are treated in accordance with paragraph (b)(6)(iii)(D) of this section:
    (A) Applications of 140.3 liters of Vorlex (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 80 percent; plus methyl 
isothiocyanate, 20 percent active ingredients) per hectare (15 gallons 
per acre); two applications 5 to 10 days apart with a third application 
5 to 10 days after the second application to areas in which the 
inspector finds upon microscopic examination of soil samples that viable 
golden nematodes may still exist; soil to be from 3  deg.C to 29  deg.C 
(38  deg.F to 84  deg.F).
    (B) Applications of 280.6 liters of D-D (1,3 dichloropropene; 1,2 
dichloropropane, and other related compounds, 100 percent active 
ingredients) per hectare (30 gallons per acre); two applications 5 to 10 
days apart with

[[Page 105]]

a third application 5 to 10 days after the second application to areas 
in which the inspector finds upon microscopic examination of soil 
samples that viable golden nematodes may still exist (consult product 
label for heavier dosage in muck or peat soils); soil to be from 4.5 
deg.C to 29  deg.C (40  deg.F to 84  deg.F).
    (C) Applications of 168.4 liters of Telone II (1,3 dichloropropene, 
92 percent active ingredient) per hectare (18 gallons per acre); two 
applications 5 to 10 days apart with a third application 5 to 10 days 
after the second application to areas in which the inspector finds upon 
microscopic examination of soil samples that viable golden nematodes may 
still exist (consult product label for heavier dosage in muck or peat 
soils); soil to be from 4.5  deg.C to 32  deg.C (40  deg.F to 90 
deg.F).
    (D) Application of Vapam (sodium-N-methyl dithiocarbamate, 32.7 
percent active ingredient) mixed with water at the rate of 1 part Vapam 
to 60 parts water and applied as a drench at the rate of 14.96 cubic 
meters per hectare (1600 gallons per acre); soil to be from 4.5  deg.C 
to 32  deg.C (40  deg.F to 90  deg.F).
    (7) Root crops other than Irish potatoes.
    (8) Small grains and soybeans.
    (9) Hay, straw, fodder, and plant litter, of any kind.
    (10) Ear corn, except shucked ear corn.
    (11) Used crates, boxes, and burlap bags, and other used farm 
products containers.
    (12) Used farm tools.
    (13) Used mechanized cultivating equipment and used harvesting 
equipment.
    (14) Used mechanized soil-moving equipment.
    (15) Any other products, articles, or means of conveyance of any 
character whatsoever, not covered by paragraphs (b) (1) through (14) of 
this section, when it is determined by an inspector that they present a 
hazard of spread of golden nematode, and the person in possession 
thereof has been so notified.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002]



Sec. 301.85-1  Definitions.

    Terms used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart shall be construed respectively to 
mean:
    Certificate. A document issued or authorized to be issued under this 
subpart by an inspector to allow the interstate movement of regulated 
articles to any destination.
    Compliance agreement. A written agreement between a person engaged 
in growing, handling, or moving regulated articles, and the Plant 
Protection and Quarantine Programs, wherein the former agrees to comply 
with the requirements of this subpart identified in the agreement by the 
inspector who executes the agreement on behalf of the Plant Protection 
and Quarantine Programs as applicable to the operations of such person.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, 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 stead has been 
or may hereafter be delegated.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, axes, hammers, and saws.
    Generally infested area. Any part of a regulated area not designated 
as a suppressive area in accordance with Sec. 301.85-2.
    Golden nematode. The nematode known as the golden nematode 
(Globodera rostochiensis), in any stage of development.
    Infestation. The presence of the golden nematode or the existence of 
circumstances that make it reasonable to believe that the golden 
nematode is present.
    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 to 
enforce the provisions of the Quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.

[[Page 106]]

    Limited permit. A document issued or authorized to be issued by an 
inspector to allow the interstate movement of noncertifiable regulated 
articles to a specified destination for limited handling, utilization or 
processing or for treatment.
    Mechanized cultivating equipment; and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors, e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes, e.g., combines, potato conveyors, and harvesters and hay 
balers.
    Mechanized soil-moving equipment. Equipment used for moving or 
transporting soil, e.g., draglines, bulldozers, dump trucks, road 
scrapers, etc.
    Moved (movement, move). Shipped, deposited for transmission in the 
mail, otherwise offered for shipment, received for transportation, 
carried, or otherwise transported, or moved, or allowed to be moved, by 
mail or otherwise. ``Movement'' and ``move'' shall be construed in 
accordance with this definition.
    Person. Any individual, corporation, company, society, or 
association, or other organized group of any of the foregoing.
    Plant Protection and Quarantine Programs. 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.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301-85-2a, or otherwise designated as 
a regulated area in accordance with Sec. 301.85-2(b).
    Regulated article. Any articles as described in Sec. 301.85(b).
    Restricted destination permit. A document issued or authorized to be 
issued by an inspector to allow the interstate movement of regulated 
articles not certifiable under all applicable Federal domestic plant 
quarantines to a specified destination for other than scientific 
purposes.
    Scientific permit. A document issued by the Deputy Administrator to 
allow the interstate movement to a specified destination of regulated 
articles for scientific purposes.
    Soil. That part of the upper layer of earth in which plants can 
grow.
    State. Any State, territory, or district of the United States, 
including Puerto Rico.
    Suppressive area. That portion of a regulated area where eradication 
of infestation is undertaken as an objective, as designated under 
Sec. 301.85-2(a).
    Treatment manual. The provisions currently contained in the Plant 
Protection and Quarantine Treatment Manual, which is incorporated by 
reference at Sec. 300.1 of this chapter.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12331, Mar. 23, 1982; 
66 FR 21052, Apr. 27, 2001; 67 FR 8465, Feb. 25, 2002]



Sec. 301.85-2  Authorization to designate, and terminate designation of, regulated areas and suppressive or generally infested areas; and to exempt articles 
          from certification, permit, or other requirements.

    (a) Regulated areas and suppressive or generally infested areas. The 
Deputy Administrator shall list as regulated areas, in a supplemental 
regulation designated as Sec. 301.85-2a, each quarantined State; or each 
portion thereof in which golden nematode has been found or in which 
there is reason to believe that golden nematode is present, or which it 
is deemed necessary to regulate because of their proximity to 
infestation or their inseparability for quarantine enforcement purposes 
from infested localities. The Deputy Administrator, in the supplemental 
regulation, may divide any regulated area into a suppressive area or a 
generally infested area in accordance with the definitions thereof in 
Sec. 301.85-1. Less than an entire quarantined State will be designated 
as a regulated area only if the Deputy Administrator is of the opinion 
that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and

[[Page 107]]

    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the interstate spread of the 
golden nematode.
    (b) Temporary designation of regulated areas and suppressive or 
generally infested areas. The Deputy Administrator or an authorized 
inspector may temporarily designate any other premises in a quarantined 
State as a regulated area and a suppressive or generally infested area, 
in accordance with the criteria specified in paragraph (a) of this 
section for listing such area, by serving written notice thereof on the 
owner or person in possession of such premises, and thereafter the 
interstate movement of regulated articles from such premises by any 
person having notice of the designation shall be subject to the 
applicable provisions of this subpart. As soon as practicable, such 
premises shall be added to the list in Sec. 301.85-2a if a basis then 
exists for their designation; otherwise the designation shall be 
terminated by the Deputy Administrator or an authorized inspector and 
notice thereof shall be given to the owner or person in possession of 
the premises.
    (c) Termination of designation as a regulated area and a suppressive 
or generally infested area. The Deputy Administrator shall terminate the 
designation provided for under paragraph (a) of this section of any area 
listed as a regulated area and suppressive or generally infested area 
when he determines that such designation is no longer required under the 
criteria specified in paragraph (a) of this section.
    (d) Exemption of articles from certification, permit, or other 
requirements. The Deputy Administrator may, in a supplemental regulation 
designated as Sec. 301.85-2b, list regulated articles or movements of 
regulated articles which shall be exempt from the certification, permit, 
or other requirements of this subpart under such conditions as he may 
prescribe, if he finds that facts exist as to the pest risk involved in 
the movement of such regulated articles which make it safe to so relieve 
such requirements.



Sec. 301.85-2a  Regulated areas; suppressive and generally infested areas.

    The civil divisions and parts of civil divisions described below are 
designated as golden nematode regulated areas within the meaning of the 
provisions of this subpart; and such regulated areas are hereby divided 
into generally infested areas or suppressive areas as indicated below:

                                New York

    (1) Generally infested area:
    Cayuga County. The town of Montezuma.
    Genesee County. The towns of Elba and Byron.
    Livingston County. The towns of Avon, Caledonia, Geneseo, Groveland, 
Leicester, Lima, Livonia, Mount Morris, West Sparta, and York.
    Nassau County. The entire county.
    Orleans County. The towns of Barre and Clarendon.
    Seneca County. The town of Tyre.
    Steuben County. The towns of Prattsburg and Wheeler; that area known 
as ``Arkport Muck'' located in the town of Dansville and bounded by a 
line beginning at a point where the Conrail right-of-way (Erie 
Lackawanna Rail Road) intersects County Road 52 (known as Burns Road), 
then north and northeast along County Road 52 to its junction with New 
York Route 36, then south and southeast along New York Route 36 to its 
intersection with the Dansville Town line, then west along the Dansville 
Town line to its intersection with the Conrail right-of-way (Erie 
Lackawanna Rail Road), then north and northwest along the Conrail right-
of-way to the point of beginning; and the Werth, Dale, farm, known as 
the ``Werthwhile Farm,'' located in the town of Cohocton on the north 
side of County Road 5 (known as Brown Hill Road), and 0.2 mile west of 
the junction of County Road 5 with County Road 58 (known as Wager Road).
    Suffolk County. The entire county.
    Wayne County. The town of Savannah.
    (2) Suppressive area: None.

[51 FR 30050, Aug. 22, 1986]



Sec. 301.85-2b  Exempted articles. \1\
---------------------------------------------------------------------------

    \1\ The articles hereby exempted remain subject to applicable 
restrictions under other quarantines and other provisions of this 
subpart.
---------------------------------------------------------------------------

    (a) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (a) (1) through (4) of this section 
and have not been exposed to

[[Page 108]]

infestation after cleaning or other handling as prescribed in said 
paragraphs:
    (1) Small grains, if harvested in bulk or directly into approved 
containers, and if the small grains and containers thereof have not come 
into contact with the soil; or, if they have been cleaned to meet State 
seed sales requirements.
    (2) Soybeans (other than for seed), if harvested in bulk or directly 
into approved containers, and if the soybeans and containers thereof 
have not come into contact with the soil.
    (3) Unshucked ear corn, if harvested in bulk or directly into 
approved containers, and if the corn and containers thereof have not 
come into contact with the soil.
    (4) Used farm tools, if cleaned free of soil.
    (b) The following articles are exempt from the certification and 
permit requirements of this subpart if they meet the applicable 
conditions prescribed in paragraphs (b) (1) through (3) of this section 
and have not been exposed to infestation after cleaning or other 
handling as prescribed in said paragraphs: Provided, That this exemption 
shall not apply to any class of regulated articles specified by an 
inspector in a written notification to the owner or person in possession 
of the premises that the movement of such articles from such premises 
under this exemption would involve a hazard of spread of the golden 
nematode:
    (1) Root crops (other than Irish potatoes and sugar beets), if moved 
in approved containers.
    (2) Hay, straw, fodder, and plant litter, if moved in approved 
containers.
    (c) Containers of the following types are approved for the purposes 
of this section:
    (1) New paper bags; and consumer packages of any material except 
cloth or burlap.
    (2) Crates, pallet boxes, trucks, and boxcars, if free of soil.

[35 FR 4692, Mar. 18, 1970, as amended at 47 FR 12331, Mar. 23, 1982; 67 
FR 8465, Feb. 25, 2002]



Sec. 301.85-3  Conditions governing the interstate movement of regulated articles from quarantined States. \2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    (a) Any regulated articles except soil samples for processing, 
testing, or analysis may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with Secs. 301.85-4 and 301.85-7 if moved:
    (i) From any generally infested area or any suppressive area into or 
through any point outside of the regulated areas; or
    (ii) From any generally infested area into or through any 
suppressive area; or
    (iii) Between any noncontiguous suppressive areas; or
    (iv) Between contiguous suppressive areas when it is determined by 
an inspector that the regulated articles present a hazard of the spread 
of the golden nematode and the person in possession thereof has been so 
notified; or
    (v) Through or reshipped from any regulated area when such movement 
is not authorized under paragraph (a)(2)(v) of this section; or
    (2) From any regulated area, without certificate or permit if moved:
    (i) Under the provisions of Sec. 301.85-2b which exempts certain 
articles from certificate and permit requirements; or
    (ii) From a generally infested area to a contiguous generally 
infested area; or
    (iii) From a suppressive area to a contiguous generally infested 
area; or
    (iv) Between contiguous suppressive areas unless the person in 
possession of the articles has been notified by an inspector that a 
hazard of spread of the golden nematode exists; or
    (v) Through or reshipped from any regulated area if the articles 
originated outside of any regulated area and if the point of origin of 
the articles is clearly indicated, their identity has been maintained, 
and they have been safeguarded against infestation while in the 
regulated area in a manner satisfactory to the inspector; or

[[Page 109]]

    (3) From any area outside the regulated areas, if moved:
    (i) With a certificate or permit attached; or
    (ii) Without a certificate or permit, if:
    (a) The regulated articles are exempt from certification and permit 
requirements under the provisions of Sec. 301.85-2b; or
    (b) The point of origin of such movement is clearly indicated on the 
articles or shipping document which accompanies the articles and if the 
movement is not made through any regulated area.
    (b) Unless specifically authorized by the Deputy Administrator in 
emergency situations, soil samples for processing, testing or analysis 
may be moved interstate from any regulated area only to laboratories 
approved \3\ by the Deputy Administrator and so listed by him in a 
supplemental regulation. \4\ A certificate or permit is not required to 
be attached to such soil samples except in those situations where the 
Deputy Administrator has authorized such movement only with a 
certificate or permit issued and attached in accordance with 
Secs. 301.85-4 and 301.85-7. A certificate or permit is not required to 
be attached to soil samples originating in areas outside of the 
regulated areas if the point of origin of such movement is clearly 
indicated on the articles or shipping document which accompanies the 
articles and if the movement is not made through any regulated area.
---------------------------------------------------------------------------

    \3\ Pamphlets containing provisions for laboratory approval may be 
obtained from the Deputy Administrator, Plant Protection and Quarantine 
Programs, APHIS, U.S. Department of Agriculture, Washington, DC 20250.
    \4\ For list of approved laboratories, see PP 639 (37 FR 7813, 
15525, and amendments thereof).

[37 FR 24330, Nov. 16, 1972, as amended at 67 FR 8465, Feb. 25, 2002]



Sec. 301.85-4  Issuance and cancellation of certificates and permits.

    (a) Certificates may be issued for any regulated articles (except 
soil samples for processing, testing, or analysis) by an inspector if he 
determines that they are eligible for certification for movement to any 
destination under all Federal domestic plant quarantines applicable to 
such articles and:
    (1) Have originated in noninfested premises in a regulated area and 
have not been exposed to infestation while within the regulated areas; 
or
    (2) Have been treated to destroy infestation in accordance with the 
treatment manual; or
    (3) Have been grown, produced, manufactured, stored, or handled in 
such a manner that no infestation would be transmitted thereby.
    (b) Limited permits may be issued by an inspector to allow 
interstate movement of regulated articles (except soil samples for 
processing, testing or analysis) not eligible for certification under 
this subpart, to specified destinations for limited handling, 
utilization, or processing, or for treatment in accordance with the 
treatment manual, when, upon evaluation of the circumstances involved in 
each specific case he determines that such movement will not result in 
the spread of the golden nematode and requirements of other applicable 
Federal domestic plant quarantines have been met.
    (c) Restricted destination permits may be issued by an inspector to 
allow the interstate movement (for other than scientific purposes) of 
regulated articles (except soil samples for processing, testing, or 
analysis) to any destination permitted under all applicable Federal 
domestic plant quarantines if such articles are not eligible for 
certification under all such quarantines but would otherwise qualify for 
certification under this subpart.
    (d) Scientific permits to allow the interstate movement of regulated 
articles and certificates or permits to allow the movement of soil 
samples for processing, testing, or analysis in emergency situations may 
be issued by the Deputy Administrator under such conditions as may be 
prescribed in each specific case by the Deputy Administrator to prevent 
the spread of the golden nematode.
    (e) Certificate, limited permit, and restricted destination permit 
forms may be issued by an inspector to any person for use for subsequent 
shipments of regulated articles (except for soil samples for processing, 
testing, or

[[Page 110]]

analysis) provided such person is operating under a compliance 
agreement; and any such person may be authorized by an inspector to 
reproduce such forms on shipping containers or otherwise. Any such 
person may execute and issue the certificate forms, or reproductions of 
such forms, for the interstate movement of regulated articles from the 
premises of such person identified in the compliance agreement if such 
person has treated such regulated articles to destroy infestation in 
accordance with the treatment manual, and if such regulated articles are 
eligible for certification for movement to any destination under all 
Federal domestic plant quarantines applicable to such articles. Any such 
person may execute and issue the limited permit forms, or reproductions 
of such forms, for interstate movement of regulated articles to 
specified destinations when the inspector has made the determinations 
specified in paragraph (b) of this section. Any such person may execute 
and issue the restricted destination permit forms, or reproductions of 
such forms, for the interstate movement of regulated articles not 
eligible for certification under all Federal domestic plant quarantines 
applicable to such articles, under the conditions specified in paragraph 
(c) of this section.
    (f) Any certificate or permit which has been issued or authorized 
may be withdrawn by the inspector or the Deputy Administrator if he 
determines that the holder thereof has not complied with any condition 
for the use of such document imposed by this subpart. Prior to such 
withdrawal, the holder of the certificate of permit shall be notified of 
the proposed action and the reason therefor and afforded reasonable 
opportunity to present his views thereon.



Sec. 301.85-5  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of such articles under this subpart. Compliance 
agreement forms may be obtained from the Deputy Administrator or an 
inspector.
    (b) Any person engaged in the business of removing soil from Irish 
potatoes by the process of grading, washing, or fluming may enter into a 
compliance agreement concerning such operations. The compliance 
agreement shall be a written agreement between the person conducting 
such operations and Plant Protection and Quarantine wherein such person 
agrees to conduct such operations in a manner which, in the judgment of 
the inspector supervising enforcement of the quarantine and regulations, 
will substantially remove the soil from the potatoes.
    (c) Any compliance agreement may be canceled by the inspector who is 
supervising its enforcement whenever he finds, after notice and 
reasonable opportunity to present views has been accorded to the other 
party thereto, that such other party has failed to comply with the 
conditions of the agreement.

[37 FR 24330, Nov. 16, 1972, as amended at 47 FR 12332, Mar. 23, 1982]



Sec. 301.85-6  Assembly and inspection of regulated articles.

    Persons (other than those authorized to use certificates, limited 
permits, or restricted destination permits, or reproductions thereof, 
under Sec. 301.85-4(e)) who desire to move interstate regulated articles 
which must be accompanied by a certificate or permit shall, as far in 
advance as possible, request an inspector to examine the articles prior 
to movement. Such articles shall be assembled at such points and in such 
manner as the inspector designates to facilitate inspection.



Sec. 301.85-7  Attachment and disposition of certificates and permits.

    (a) If a certificate or permit is required for the interstate 
movement of regulated articles, the certificate or permit shall be 
securely attached to the outside of the container in which such articles 
are moved, except that, where the certificate or permit is attached to 
the waybill or other shipping document, and the regulated articles are 
adequately described on the certificate, permit, or shipping document, 
the attachment of the certificate or permit to each container of the 
articles is not required.

[[Page 111]]

    (b) In all cases, certificates or permits shall be furnished by the 
carrier to the consignee at the destination of the shipment.



Sec. 301.85-8  Inspection and disposal of regulated articles and pests.

    Any properly identified inspector is authorized to stop and inspect, 
and to seize, destroy, or otherwise dispose of, or require disposal of 
regulated articles and golden nematodes as provided in sections 414, 
421, and 434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 
7754)in accordance with instructions issued by the Deputy Administrator.

[37 FR 24330, Nov. 16, 1972, as amended at 66 FR 21052, Apr. 27, 2001]



Sec. 301.85-9  Movement of live golden nematodes.

    Regulations requiring a permit for and otherwise governing the 
movement of live golden nematodes in interstate or foreign commerce are 
contained in the Federal Plant Pest Regulations in part 330 of this 
chapter. Applications for permits for the movement of the pest may be 
made to the Deputy Administrator.



Sec. 301.85-10  Nonliability of the Department.

    The U.S. Department of Agriculture disclaims liability for any costs 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



                       Subpart--Sugarcane Diseases

    Source: 48 FR 50059, Oct. 31, 1983, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.87  Quarantine; restrictions on interstate movement of specified articles.1, 2
---------------------------------------------------------------------------

    \1\ Any inspector is authorized to stop and inspect persons and 
means of conveyance, and to 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).
    \2\ Regulations concerning the movement of gummosis bacteria and 
leaf scald bacteria in interstate or foreign commerce are contained in 
part 330 of this chapter.
---------------------------------------------------------------------------

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines Hawaii to prevent the 
artificial spread of leaf scald disease and quarantines Puerto Rico to 
prevent the artificial spread of gummosis disease and leaf scald 
disease. The regulations in this subpart govern the interstate movement 
from Hawaii and Puerto Rico of the regulated articles described in 
Sec. 301.87-2.
    (b) Quarantine restrictions on interstate movement of regulated 
articles. No common carrier or other person shall move interstate from 
any regulated area any regulated article except in accordance with the 
conditions prescribed in this subpart.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21052, Apr. 27, 2001]



Sec. 301.87-1  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:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that the article is eligible for interstate movement in 
accordance with Sec. 301.87-5(a) of this subpart.
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, in which the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant to such provisions.
    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 officer or employee of the 
Department to whom authority to act in his or her stead has been or may 
hereafter be delegated.

[[Page 112]]

    Gummosis disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas vasculorum (Cobb) 
Dowson, and which is not widely prevalent or distributed within and 
throughout 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 quarantine and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Leaf scald disease. A dangerous plant disease of sugarcane which is 
caused by the highly infectious bacterium, Xanthomonas albilineans 
(Ashby) Dowson, and which is not widely prevalent or distributed within 
and throughout the United States.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that the regulated article is eligible for 
interstate movement in accordance with Sec. 301.87-5(b) of this subpart.
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or caused or allowed to be moved by any 
means. ``Movement'' and ``move'' shall be construed in accordance with 
this definition.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    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.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec. 301.87-3(c) of this subpart, or 
otherwise designated as a regulated area in accordance with Sec. 301.87-
3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.87-2(a), (b), (c), 
(d), or otherwise designated as a regulated article in accordance with 
Sec. 301.87-2(e).
    State. Any State, Territory, or District of the United States, 
including the Commonwealth of Puerto Rico.
    Sugarcane disease. This means leaf scald disease with respect to 
activities in Hawaii, and means gummosis disease or leaf scald disease 
with respect to activities in Puerto Rico.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987; 
66 FR 21052, Apr. 27, 2001]



Sec. 301.87-2  Regulated articles.

    (a) Sugarcane plants, whole or in part, including true seed and 
bagasse, but not including pieces of cane boiled for a minimum of 30 
minutes during processing into sugarcane chews;
    (b) Used sugarcane processing equipment (sugarcane mill equipment, 
such as equipment used for extracting and refining sugarcane juice; and 
experimental devices, such as devices used for extracting sugarcane 
juice);
    (c) Used sugarcane field equipment (equipment used for sugarcane 
field production purposes, e.g. planters, tractors, discs, cultivators, 
and vehicles);
    (d) Sugarcane juice; and
    (e) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a), (b), (c), or (d) of 
this section, when it is determined by an inspector that it presents a 
risk of spread of a sugarcane disease and the person in possession of it 
has actual notice that the product, article, or means of conveyance is 
subject to the restrictions of this section.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



Sec. 301.87-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, each quarantined State, or each portion thereof, in 
which a sugarcane disease has been found by an inspector or in which the 
Deputy Administrator has reason to believe that a sugarcane disease is 
present, or each portion of a

[[Page 113]]

quarantined State which the Deputy Administrator deems necessary to 
regulate because of its proximity to a sugarcane disease or its 
inseparability for quarantine enforcement purposes from localities in 
which a sugarcane disease occurs. Less than an entire quarantined State 
will be designated as a regulated area only if the Deputy Administrator 
is of the opinion that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of a sugarcane disease.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such an area. Written notice of the designation 
shall be given to the owner or person in possession of the nonregulated 
area and, thereafter, the interstate movement of any regulated article 
from the area shall be subject to the applicable provisions of this 
subpart. As soon as practicable, the area shall be added to the list in 
paragraph (c) of this section or the designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas;

                                 Hawaii

    All of Hawaii.

                              Puerto Rico.

    All of Puerto Rico.



Sec. 301.87-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.\3\
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.87-5 and 301.87-8 of this subpart, or
    (b) Without a certificate or limited permit, if
    (1) Moved directly through any regulated area, and
    (2) The article originated outside of any regulated area, and
    (3) The point of origin of the article is clearly indicated by 
shipping documents, its identity has been maintained, and it has not 
been used for the production of sugarcane while in the regulated area.



Sec. 301.87-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector for the movement 
of a regulated article if the inspector:
    (1)(i) Determines that it has been treated under the direction of an 
inspector \4\ in accordance with Sec. 301.87-10 of this subpart, or
---------------------------------------------------------------------------

    \4\ Treatments shall be monitored by inspectors in order to assure 
compliance with requirements in this subpart.
---------------------------------------------------------------------------

    (ii) Determines based on inspection of the article and the premises 
of origin that it is free from sugarcane diseases; \5\
---------------------------------------------------------------------------

    \5\ The term sugarcane diseases means leaf scald disease with 
respect to movement of regulated articles from Hawaii and means gummosis 
disease and leaf scald disease with respect to movements of regulated 
articles from Puerto Rico.
---------------------------------------------------------------------------

    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7

[[Page 114]]

U.S.C. 7714) \6\ to prevent the spread of sugarcane diseases; and
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines applicable to the article.
    (b) A limited permit shall be issued by an inspector for the 
movement of a regulated article if the inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved:
    (i) For a specified purpose (such as for consumption or 
manufacturing) stated on the limited permit, other than for processing 
or harvesting sugarcane; and
    (ii) To a specified destination stated on the limited permit, which 
is not in a county or parish where sugarcane is produced, and which is 
not within 10 miles of a sugarcane field;
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \6\ to prevent the spread of sugarcane 
diseases; and
    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines applicable to the article.
    (c) Certificates and limited permits for shipments of regulated 
articles may be issued by an inspector or by any person engaged in the 
business of growing, handling, or moving regulated articles provided 
such person is operating under a compliance agreement. Any such person 
may execute and issue a certificate for the interstate movement of a 
regulated article if the person has treated the regulated article to 
destroy infection in accordance with the provisions of Sec. 301.87-10 of 
this subpart and the inspector has made the determination that the 
article is otherwise eligible for a certificate in accordance with 
paragraph (a) of this section; or if the inspector has made the 
determination that the article is eligible for a certificate in 
accordance with paragraph (a) of this section without such treatment. 
Any such person may execute and issue a limited permit for interstate 
movement of a regulated article when the inspector has made the 
determination that the article is eligible for a limited permit in 
accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if the inspector determines 
that its holder has not complied with any condition under the 
regulations for its use. The reasons for the withdrawal shall be 
confirmed in writing as promptly as circumstances allow. Any person 
whose certificate or limited permit has been withdrawn may appeal the 
decision in writing to the Deputy Administrator within ten 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 certificate or limited 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 under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.87-6  Compliance agreement; cancellation.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \7\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, in which 
the person agrees to

[[Page 115]]

comply with the provisions of this subpart and any conditions imposed 
pursuant to such provisions.
---------------------------------------------------------------------------

    \7\ Compliance Agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories.)
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
the inspector who is supervising its enforcement whenever the inspector 
finds that such person has failed to comply with the provisions of this 
subpart or any conditions imposed pursuant to such provisions. If the 
cancellation is oral, the decision and the reasons for the cancellation 
shall be confirmed in writing as promptly as circumstances allow. Any 
person whose compliance agreement has been canceled may appeal the 
decision, in writing, to the Deputy Administrator within ten 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 cancelled. 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 under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.87-5(c) of this subpart) who desires 
to move interstate a regulated article accompanied by a certificate or 
limited permit shall, as far in advance as possible (should be no less 
than 48 hours before the desired movement), request an inspector \8\ to 
take any necessary action under this subpart prior to movement of the 
regulated article.
---------------------------------------------------------------------------

    \8\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine, which are listed in telephone directories. Information 
concerning local offices may also be obtained from the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (b) The regulated article shall be assembled at whatever point and 
in whatever manner the inspector designates as necessary to comply with 
the requirements of this subpart.

[48 FR 50059, Oct. 31, 1983, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.87-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the container containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; provided however, that 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping document only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify the article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.87-9  Costs and charges.

    The services of the inspector shall be furnished without cost. The 
U.S. Department of Agriculture will not be responsible for any costs or 
charges incident to inspections or compliance with the provisions of the 
quarantine and regulations in this subpart, other than for the services 
of the inspector.



Sec. 301.87-10  Treatments.

    Treatment for regulated articles shall be as follows:
    (a) Seedpieces (pieces of sugarcane, sets) or canes of sugarcane: 
Presoak for 24 hours in water at room temperature and then immerse in 
water at 50  deg.C (122  deg.F) for 3 hours.

    Note: Some seedpieces or canes of sugarcane which have germinated 
may be damaged by this procedure.


[[Page 116]]


    (b) True seed (fuzz): Immerse in 0.525 percent sodium hypochlorite 
solution for 30 minutes (solution shall contain 1 part of solution 
containing 5.25 percent sodium hypochlorite with 9 parts water by 
volume). Air dry at least 8 hours before packaging.
    (c) Bagasse: Subject to dry heat at 70  deg.C (158  deg.F) for 2 
hours.
    (d) Sugarcane harvesting and processing equipment: Remove all debris 
and soil from the equipment with water at high pressure (at least 300 
pounds per square inch) or with steam.
    (e) Sugarcane juice: Heat at 100  deg.C (212  deg.F) for 10 or more 
minutes.

[48 FR 50059, Oct. 31, 1983, as amended at 52 FR 31374, Aug. 20, 1987]



                          Subpart--Karnal Bunt

    Source: 61 FR 52207, Oct. 4, 1996, unless otherwise noted.



Sec. 301.89-1  Definitions.

    Actual price received. The net price after adjustment for any 
premiums or discounts stated on the sales receipt.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
    Contaminated seed. Seed from sources in which the Karnal bunt 
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist.
    Contract price. The net price after adjustment for any premiums or 
discounts stated in the contract.
    Conveyances. Containers used to move wheat, durum wheat, or 
triticale, or their products, including trucks, trailers, railroad cars, 
bins, and hoppers.
    Distinct definable area. A commercial wheat production area of 
contiguous fields that is separated from other wheat production areas by 
desert, mountains, or other nonagricultural terrain as determined by an 
inspector, based on survey results.
    Farm tools. An instrument worked or used by hand, e.g., hoes, rakes, 
shovels, and axes.
    Grain storage facility. That part of a grain handling operation or 
unit or a grain handling operation, consisting or structures, 
conveyances, and equipment that receive, unload, and store, grain, and 
that is able to operate as an independent unit from other units of the 
grain handling operation. A grain handling operation may be one grain 
storage facility or may be comprised of many grain storage facilities on 
a single premises.
    Infestation (infected). The presence of Karnal bunt, or any stage of 
development of the fungus Tilletia indica (Mitra) Mundkur, or the 
existence of circumstances that make it reasonable to believe that 
Karnal bunt is present.
    Inspector. An APHIS employee or designated cooperator/collaborator 
authorized by the Administrator to enforce the provisions of this 
subpart.
    Karnal bunt. A plant disease caused by the fungus Tilletia indica 
(Mitra) Mundkur.
    Limited permit. A document in which an inspector affirms that a 
specified regulated article not eligible for a certificate is eligible 
for movement only to a specified destination and in accordance with 
conditions specified on the permit.
    Mechanized cultivating equipment and mechanized harvesting 
equipment. Mechanized equipment used for soil tillage, including tillage 
attachments for farm tractors--e.g., tractors, disks, plows, harrows, 
planters, and subsoilers; mechanized equipment used for harvesting 
purposes--e.g., combines, cotton harvesters, and hay balers.
    Milling products and byproducts. Products and byproducts resulting 
from processing wheat, durum wheat, or triticale, including animal feed, 
waste and debris.

[[Page 117]]

    Movement (moved). The act of shipping, transporting, delivering, or 
receiving for movement, or otherwise aiding, abetting, inducing or 
causing to be moved.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material.
    Soil-moving equipment. Equipment used for moving or transporting 
soil, including, but not limited to, bulldozers, dump trucks, or road 
scrapers.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 24751, May 6, 1997; 63 FR 31599, June 10, 1998; 64 FR 23752, May 4, 
1999]



Sec. 301.89-2  Regulated articles.

    The following are regulated articles:
    (a) Conveyances, including trucks, railroad cars, and other 
containers used to move wheat, durum wheat, or triticale;
    (b) Grain elevators/equipment/structures used for storing and 
handling wheat, durum wheat, and triticale;
    (c) Milling products or byproducts, except flour;
    (d) Plants, or plant parts, including grain, seed, or straw of all 
varieties of the following species:

    Wheat: Triticum aestivum;
    Durum wheat: Triticum durum; and
    Triticale: Triticum aestivumxSecale cereale;

    (e) Tilletia indica (Mitra) Mundkur;
    (f) Root crops with soil;
    (g) Soil from areas where field crops are produced;
    (h) Manure from animals that have fed on untreated or raw wheat, 
durum wheat, or triticale;
    (i) Mechanized harvesting equipment used in the production of wheat, 
durum wheat, and triticale that test positive from Karnal bunt;
    (j) Seed conditioning equipment that has been used in the production 
of wheat, durum wheat, and triticale;
    (k) Any other product, article or means of conveyance when:
    (1) An inspector determines that it presents a risk of spreading 
Karnal bunt due to its proximity to an infestation of Karnal bunt; and
    (2) The person in possession of the product, article, or means of 
conveyance has been notified that it is regulated under this subpart.

[61 FR 52207, Oct. 4, 1996, as amended at 63 FR 50751, Sept. 23, 1998; 
65 FR 50596, Aug. 21, 2000]



Sec. 301.89-3  Regulated areas.

    (a) The Administrator will regulate each State or each portion of a 
State that is infected.
    (b) Less than an entire State will be listed as a regulated area 
only if the Administrator:
    (1)(i) Determines that the State has adopted and is enforcing 
restrictions on the intrastate movement of the regulated articles listed 
in Sec. 301.89-2 that are equivalent to the movement restrictions 
imposed by this subpart; and
    (ii) Determines that designating less than the entire State as a 
regulated area will prevent the spread of Karnal bunt; or
    (2) Exercises his or her extraordinary emergency authority under 7 
U.S.C. 150dd.
    (c) The Administrator may include noninfected acreage within a 
regulated area due to its proximity to an infestation or inseparability 
from the infected locality for regulatory purposes, as determined by:
    (1) Projections of the spread of Karnal bunt along the periphery of 
the infestation;
    (2) The availability of natural habitats and host materials within 
the noninfected acreage that are suitable for establishment and survival 
of Karnal bunt; and
    (3) The necessity of including uninfected acreage within the 
regulated area in order to establish readily identifiable boundaries.
    (d) The Administrator or an inspector may temporarily designate any 
nonregulated area as a regulated area in accordance with the criteria 
specified in paragraphs (a), (b), and (c) of this section. The 
Administrator will give written notice of this designation to the owner 
or person in possession of

[[Page 118]]

the nonregulated area, or, in the case of publicly owned land, to the 
person responsible for the management of the nonregulated area. 
Thereafter, the movement of any regulated article from an area 
temporarily designated as a regulated area is subject to this subpart. 
As soon as practicable, this area either will be added to the list of 
designated regulated areas in paragraph (f) of this section, or the 
Administrator will terminate the designation. The owner or person in 
possession of, or, in the case of publicly owned land, the person 
responsible for the management of, an area for which the designation is 
terminated will be given written notice of the termination as soon as 
practicable.
    (e) The Administrator will classify a field or area as a regulated 
area when:
    (1) It is a field planted with seed from a lot found to contain a 
bunted wheat kernel; or
    (2) It is a distinct definable area that contains at least one field 
that was found during survey to contain a bunted wheat kernel (the 
distinct definable area may include an area where Karnal bunt is not 
known to exist but where intensive surveys are required because of the 
area's proximity to a field found during survey to contain a bunted 
kernel); or
    (3) It is a distinct definable area that contains at least one field 
that was found during survey to contain spores consistent with Karnal 
bunt and has been determined to be associated with grain at a handling 
facility containing a bunted wheat kernel (the distinct definable area 
may include an area where Karnal bunt is not known to exist but where 
intensive surveys are required because of the area's proximity to a 
field that has been associated with grain at a handling facility 
containing a bunted kernel).
    (f) The following areas or fields are designated as regulated areas 
(maps of the regulated areas may be obtained by contacting the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
4700 River Road Unit 134, Riverdale, MD 20737-1236):

                                 Arizona

    La Paz County. (1) Beginning at the southeast corner of sec. 33, T. 
5 N., R. 21 W.; then west to the Colorado River; then north along the 
Colorado River to the west edge of sec. 26, T. 6 N., R. 22 W.; then 
north to the northwest corner of sec. 26, T. 6 N., R. 22 W.; then east 
to the northeast corner of sec. 27, T. 6 N., R. 21 W.; then south to the 
southeast corner of sec. 10, T. 5 N., R. 21 W.; then west to the 
southwest corner of sec. 10, T. 5 N, R. 21 W.; then south to the point 
of beginning.
    (2) Beginning at the southeast corner of sec. 6, T. 7 N., R. 20 W.; 
then west to the southeast corner of sec. 35, T. 7 N., R. 21 W.; then 
south to the southeast corner of sec. 2, T. 6 N., R. 21 W; then west to 
the southeast corner of sec. 3, T. 6 N., R. 21 W.; then south to the 
southeast corner of sec. 15, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 13, T. 6 N., R. 22 W., then north to the 
northwest corner of sec. 25, T. 7 N., R. 22 W.; then east to the 
southwest corner of sec. 19, T. 7 N., R. 21 W.; then north to the 
Colorado River; then northeast along the Colorado River to the north 
edge of sec. 32, T. 8 N., R. 21 W.; then east to the northeast corner of 
sec. 31, T. 8 N., R. 20 W.; then south to the point of beginning.
    Maricopa County. (1) Beginning at the southeast corner of sec. 28, 
T. 1 S., R. 2 E.; then west to the southwest corner of sec. 30, T. 1 S., 
R. 2 E.; then north to the southeast corner of sec. 24, T. 1 S., R. 1 
E.; then west to the southwest corner of sec. 24, T. 1 S., R. 1 E.; then 
north to the northwest corner of sec. 24, T. 1 S., R. 1 E.; then west to 
the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to the 
northwest corner of sec. 14, T. 1 S., R. 1 E.; then west to the 
southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the 
northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the southwest 
corner of sec. 5, T. 1 S., R. 1 E.; then north to the northwest corner 
of sec. 5, T. 1 S., R. 1 E.; then west to the northeast corner of sec. 
6, T. 1 S., R. 1 W.; then south to the southeast corner of sec. 7, T. 1 
S., R. 1 W.; then west to the northeast corner of sec. 14, T. 1 S., R. 2 
W.; then south to the southeast corner of sec. 14, T. 1 S., R. 2 W.; 
then west to the northeast corner of sec. 20, T. 1 S., R. 2 W.; then 
south to the southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to 
the northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the 
southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the 
southwest corner of sec. 27, T. 1 S., R. 4 W.; then north to the 
northwest corner of sec. 27, T. 1 S., R. 4 W.; then west to the 
southwest corner of sec. 24, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 24, T. 1 S., R. 5 W.; then west to the 
southwest corner of sec. 14, T. 1 S., R. 5 W.; then north to the 
northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the 
southwest corner of sec. 7, T. 1 N., R. 2 W.; then north

[[Page 119]]

to the northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the 
northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the 
northwest corner of sec. 5, T. 1 N., R. 2 W.; then east to the northeast 
corner of sec. 5, T. 1 N., R. 2 W.; then north to the northwest corner 
of sec. 28, T. 2 N., R. 2 W.; then east to the northeast corner of sec. 
28, T. 2 N., R. 2 W.; then north to the northwest corner of sec. 3, T. 3 
N., R. 2 W.; then east to the northeast corner of sec. 1, T. 3 N., R. 1 
W.; then south to the northwest corner of sec. 19, T. 3 N., R. 1 E.; 
then east to the northeast corner of sec. 23, T. 3 N., R. 1 E.; then 
south to the northwest corner of sec. 1, T. 2 N., R. 1 E.; then east to 
the northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the 
northwest corner of sec. 6, T. 1 N., R. 2 E.; then east to the northeast 
corner of sec. 4, T. 1 N., R. 2 E.; then south to the northwest corner 
of sec. 15, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 
13, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 12, T. 
1 S., R. 2 E.; then west to the northeast corner of sec. 16, T. 1 S., R. 
2 E.; then south to the point of beginning.
    (2) Beginning at the intersection of the Maricopa/Pinal County line 
and the southwest corner of sec. 31, T. 2 S., R. 5 E.; then north to the 
southeast corner of sec. 25, T. 2 S., R. 5 E.; then west to the 
southwest corner of sec. 25, T. 2 S., R. 5 E.; then north to the 
northwest corner of sec. 24, T. 2 S., R. 4 E.; then west to the 
southwest corner of sec. 15, T. 2 S., R. 4 E.; then north to the 
northwest corner of sec. 3, T. 2 S., R. 4 E.; then east to the southwest 
corner of sec. 35, T. 1 S., R. 4 E.; then north to the northwest corner 
of sec. 35, T. 1 S., R. 4 E.; then east to the northeast corner of sec. 
33, T. 1 S., R. 5 E.; then north to the northwest corner of sec. 22, T. 
1 S., R. 5 E.; then east to the northeast corner of sec. 19, T. 1 S., R. 
6 E.; then north to the northwest corner of sec. 8, T. 1 S., R. 6 E.; 
then east to the southwest corner of sec. 3, T. 1 S., R. 6 E.; then 
north to the northwest corner of sec. 3, T. 1 S., R. 6 E.; then east to 
the northeast corner of sec. 2, T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 2, T. 1 S., R. 6 E.; then east to the northeast 
corner of sec. 7, T. 1 S., R. 7 E.; then south to the northwest corner 
of sec. 5, T. 2 S., R. 7 E.; then east to the northeast corner of sec. 
3, T. 2 S., R. 7 E.; then south to the southeast corner of sec. 3, T. 2 
S., R. 7 E.; then east to the intersection of the northeast corner of 
sec. 12, T. 2 S., R. 7 E. and the Maricopa/Pinal County line; then south 
along the Maricopa/Pinal County line to the southeast corner of sec. 36, 
T. 2 S, R. 7 E.; then east along the Maricopa/Pinal County line to the 
point of beginning.
    (3) Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.; 
then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then 
south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west to 
the southwest corner of sec. 36, T. 6 S., R. 7 W.; then north to the 
northwest corner of sec. 36, T. 6 S., R. 7 W.; then west to the 
southwest corner of sec. 26, T. 6 S., R. 7 W.; then north to the 
northwest corner of sec. 23, T. 6 S., R. 7 W.; then west to the 
southeast corner of sec. 18, T. 6 S., R. 7 W.; then north to the 
northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to the southeast 
corner of sec. 31, T. 5 S., R. 7 W.; then north to the northwest corner 
of sec. 29, T. 5 S., R. 7 W.; then east to the northwest corner of sec. 
28, T. 5 S., R. 7 W.; then east to the southwest corner of sec. 22., T. 
5 S., R. 7 W.; then north to the northwest corner of sec. 22, T. 5 S., 
R. 7 W.; then east to the southwest corner of sec. 14, T. 5 S., R. 7 W.; 
then north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then 
east to the northeast corner of sec. 14, T. 5 S., R. 6 W.; then south to 
the southeast corner of sec. 14, T. 5 S., R. 6 W.; then east to the 
northeast corner of sec. 24, T. 5 S., R. 6 W.; then south to the 
southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the 
northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the 
southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the 
northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the 
southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the 
northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point 
of beginning.
    (4) Beginning at the southeast corner of sec. 34, T. 2 N., R. 5 E.; 
then west to the southwest corner of sec. 31, T. 2 N., R. 5 E.; then 
north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to 
the northeast corner of sec. 10, T. 2 N., R. 5 E.; then south to the 
point of beginning.
    Pinal County. (1) Beginning at the intersection of the Maricopa/
Pinal County line and the northwest corner of sec. 7, T. 2 S., R. 8 E.; 
then east to the northeast corner of sec. 8, T. 2 S., R. 8 E.; then 
south to the southeast corner of sec. 8, T. 2 S., R. 8 E.; then east to 
the northeast corner of sec. 16, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 28, T. 2 S., R. 8 E.; then west to the 
northeast corner of sec. 32, T. 2 S., R. 8 E.; then south to the 
southeast corner of sec. 32, T. 2 S., R. 8 E.; then west to the 
Maricopa/Pinal County line; then north along the Maricopa/Pinal County 
line to the point of beginning.
    (2) Beginning at the intersection of the Maricopa/Pinal County line 
and the northeast corner of sec. 2, T. 3 S., R. 7 E.; then south to the 
southeast corner of sec. 2, T. 3 S., R. 7 E.; then west to the northeast 
corner of sec. 9, T. 3 S., R. 6 E.; then south to the southeast corner 
of sec. 4, T. 4 S., R. 6 E.; then west to the southwest corner of sec. 
5, T. 4 S., R. 6 E.; then north to the northwest corner of sec. 5, T. 4 
S., R. 6 E.; then west to the southwest corner of sec. 34, T. 3 S., R. 5 
E.; then north to the northwest corner of sec.

[[Page 120]]

10, T. 3 S., R. 5 E.; then west to the southwest corner of sec. 6, T. 3 
S., R. 5 E.; then north to the intersection of the northwest corner of 
sec. 6, T. 3 S., R. 5 E. and the Maricopa/Pinal County line; then east 
along the Maricopa/Pinal County line to the point of beginning.
    (3) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; 
then west to the southwest corner of sec. 5, T. 6 S., R. 3 E.; then 
north to the northwest corner of sec. 5, T. 6 S., R. 3 E.; then west to 
the southwest corner of sec. 32, T. 5 S., R. 3 E.; then north to the 
northwest corner of sec. 32, T. 5 S., R. 3 E.; then west to the 
southwest corner of sec. 30, T. 5 S., R. 3 E.; then north to the 
southeast corner of sec. 25, T. 5 S., R. 2 E.; then west to the 
southwest corner of sec. 25, T. 5 S., R. 2 E.; then north to the 
northwest corner of sec. 25, T. 5 S., R. 2 E.; then west to the 
southwest corner of sec. 23, T. 5 S., R. 2 E.; then north to the 
northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 2 E.; then north to the 
northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the 
southwest corner of sec. 20, T. 4 S., R. 3 E.; then north to the 
northwest corner of sec. 20, T. 4 S., R. 3 E.; then east to the 
northeast corner of sec. 21, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the 
northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the 
northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the northeast 
corner of sec. 1, T. 5 S., R. 4 E.; then south to the southeast corner 
of sec. 1, T. 5 S., R. 4 E.; then west to the northeast corner of sec. 
12, T. 5 S, R. 4 E.; then south to the southeast corner of sec. 24, T. 5 
S., R. 4 E.; then west to the southwest corner of sec. 24, T. 5 S., R. 4 
E.; then south to the northeast corner of sec. 35, T. 5 S., R. 4 E.; 
then west to the northwest corner of sec. 35, T. 5 S., R. 4 E.; then 
south to the southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to 
the northeast corner of sec. 48, T. 5 S., R. 4 E.; then south to the 
southeast corner of sec. 49, T. 5 S., R. 4 E.; then west to the 
northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of 
beginning.
    (4) The following individual fields in Pinal County are regulated 
areas: 309021801, 309021804, 309021812, 309031304, 309033507, 309042544, 
309042545, 309042601, 309042607, 309042619, 309042620, 309042621, 
309050104, 309050109, 309050122, 309050207, 309050209.

                               California

    Imperial County. Beginning at the intersection of the Riverside/
Imperial County line and the California/Arizona State line; then west to 
the northwest corner of sec. 1, T. 9 S., R. 21 E.; then south to the 
California/Arizona State line; then east and north along the State line 
to the point of beginning.
    Riverside County. Beginning at the intersection of the Riverside/
Imperial County line and the California/Arizona State line; then west to 
the southwest corner of sec. 31, T. 8 S., R. 22 E.; then north to the 
northwest corner of sec. 30, T. 7 S., R. 22 E.; then north and northeast 
along the Palo Verde Valley agriculture area to the California/Arizona 
State line; then south along the State line to the point of beginning.

                                  Texas

    Archer County. (1) Beginning at the intersection of the line of 
longitude -98.5457 deg. W. and the line of latitude 33.6656 deg. N.; 
then east along the line of latitude 33.6656 deg. N. to the line of 
longitude -98.4380 deg. W.; then south along the line of longitude -
98.4380 deg. W. to the line of latitude 33.5763 deg. N.; then west along 
the line of latitude 33.5763 deg. N. to the line of longitude -
98.5457 deg. W.; then north along the line of longitude -98.5457 deg. W. 
to the point of beginning.
    (2) Beginning at the intersection of the Archer/Baylor County line 
and the line of latitude 33.4051 deg. N.; then east along the line of 
latitude 33.4051 deg. N. to the line of longitude -98.9345 deg. W.; then 
north along the line of longitude -98.9345 deg. W. to the line of 
latitude 33.4570 deg. N.; then east along the line of latitude 
33.4570 deg. N. to the line of longitude -98.8227 deg. W.; then south 
along the line of longitude -98.8227 deg. W. to the Archer/Young County 
line; then west along the Archer/Young County line to the Archer/Baylor 
County line; then north along the Archer/Baylor County line to the point 
of beginning.
    (3) Beginning at the intersection of the Archer/Young County line 
and the line of longitude -98.7926 deg. W.; then north along the line of 
longitude -98.7926 deg. W. to the line of latitude 33.3978 deg. N.; then 
east along the line of latitude 33.3978 deg. N. to the line of longitude 
-98.6870 deg. W.; then south along the line of longitude -98.6870 deg. 
W. to the Archer/Young County line; then west along the Archer/Young 
County line to the point of beginning.
    Baylor County. (1) Beginning at the intersection of the line of 
longitude -99.1633 deg. W. and the line of latitude 33.8148 deg. N.; 
then east along the line of latitude 33.8148 deg. N. to the line of 
longitude -99.0436 deg. W.; then south along the line of longitude -
99.0436 deg. W. to the line of latitude 33.7143 deg. N.; then west along 
the line of latitude 33.7143 deg. N. to the line of longitude -
99.1633 deg. W.; then north along the line of longitude -99.1633 deg.W. 
to the point of beginning.
    (2) Beginning at the intersection of the Baylor/Knox County line and 
the line of latitude 33.6751 deg. N.; then east along the line of 
latitude 33.6751 deg. N. to the line of longitude -99.3831 deg. W.; then 
south along the line of longitude -99.3831 deg. W. to the line of 
latitude 33.6505 deg. N.; then east along the line of latitude 
33.6505 deg. N. to the line of longitude -99.2542 deg. W.; then south 
along the line of longitude -99.2542 deg. W. to the line of latitude

[[Page 121]]

33.5598 deg. N.; then west along the line of latitude 33.5598 deg. N. to 
the line of longitude -99.3139 deg. W.; then south along the line of 
longitude -99.3139 deg. W. to the line of latitude 33.4542 deg. N.; then 
west along the line of latitude 33.4542 deg. N. to the line of longitude 
-99.4276 deg. W.; then north along the line of longitude -99.4276 deg. 
W. to the line of latitude 33.5284 deg. N.; then west along the line of 
latitude 33.5284 deg. N. to the Baylor/Knox County line; then north 
along the Baylor/Knox County line to the point of beginning.
    (3) Beginning at the intersection of the Baylor/Throckmorton County 
line and the line of longitude -99.1271 deg. W.; then north along the 
line of longitude -99.1271 deg. W. to the line of latitude 33.4445 deg. 
N.; then east along the line of latitude 33.4445 deg. N. to the line of 
longitude -99.0189 deg. W.; then south along the line of longitude -
99.0189 deg. W. to the line of latitude 33.4051 deg. N.; then east along 
the line of latitude 33.4051 deg. N. to the Baylor/Archer County line; 
then south along the Baylor/Archer County line to the Baylor/
Throckmorton County line; then west along the Baylor/Throckmorton County 
line to the point of beginning.
    Knox County. Beginning at the intersection of the Knox/Baylor County 
line and the line of latitude 33.5284 deg. N.; then west along the line 
of latitude 33.5284 deg.N. to the line of longitude -99.4962 deg. W.; 
then north along the line of longitude -99.4962 deg. W. to the line of 
latitude 33.5802 deg. N.; then west along the line of latitude 
33.5802 deg. N. to the line of longitude -99.4971 deg. W.; then north 
along the line of longitude -99.4971 deg. W. to the line of latitude 
33.6751 deg. N.; then east along the line of latitude 33.6751 deg. N. to 
the Knox/Baylor County line; then south along the Knox/Baylor County 
line to the point of beginning.
    McCulloch County. Beginning at the intersection of the McCulloch/San 
Saba County line and the line of latitude 31.2147 deg. N.; then west 
along the line of latitude 31.2147 deg. N. to the line of longitude 
99.1818 deg. W.; then north along the line of longitude 99.1818 deg. W. 
to the line of latitude 31.3455 deg. N.; then east along the line of 
latitude 31.3455 deg. N. to the line of longitude 99.1860 deg. W.; then 
north along the line of longitude 99.1860 deg. W. to the line of 
latitude 31.4464 deg. N.; then east along the line of latitude 
31.4464 deg. N. to the McCulloch/San Saba County line; then south along 
the McCulloch/San Saba County line to the point of beginning.
    San Saba County. (1) Beginning at the intersection of the San Saba/
Mills County line and the line of longitude -98.5851 deg. W.; then south 
along the line of longitude -98.5851 deg. W. to the line of latitude 
31.1301 deg. N.; then west along the line of latitude 31.1301 deg. N. to 
the line of longitude -98.9463 deg. W.; then north along the line of 
longitude -98.9463 deg. W. to the line of latitude 31.3299 deg. N.; then 
east along the line of latitude 31.3299 deg. N. to the San Saba/Mill 
County line; then south along the San Saba/Mill County line to the point 
of beginning.
    (2) Beginning at the intersection of the San Saba/McCulloch County 
line and the line of latitude 31.4474 deg. N.; then east along the line 
of latitude 31.4474 deg. N. to the line of longitude -99.9922 deg. W.; 
then south along the line of longitude -99.9922 deg. W. to the line of 
latitude 31.2147 deg. N.; then west along the line of latitude 
31.2147 deg. N. to the San Saba/McCulloch County line; then north along 
the San Saba/McCulloch County line to the point of beginning.
    Throckmorton County. Beginning at the intersection of the 
Throckmorton/Young County line and the line of latitude 33.1810 deg. N.; 
then west along the line of latitude 33.1810 deg. N. to the line of 
longitude -98.9922 deg. W.; then north along the line longitude -
98.9922 deg. W. to the line of latitude 33.2175 deg. N.; then west along 
the line of latitude 33.2175 deg. N. to the line of longitude -
99.0837 deg. W.; then north along the line of longitude -99.0837 deg. W. 
to the line of latitude 33.3073 deg. N.; then east along the line of 
latitude 33.3073 deg. N. to the line of longitude -99.0531 deg. W.; then 
north along the line of longitude -99.0531 deg. W. to the line of 
latitude 33.3535 deg. N.; then west along the line of latitude 
33.3535 deg. N. to the line of longitude -99.1271 deg.W.; then north 
along the line of longitude -99.1271 deg.W. to the Throckmorton/Baylor 
County line; then east along the Throckmorton/Baylor County line to the 
Throckmorton/Young County line; then south along the Throckmorton/Young 
County line to the point of beginning.
    Young County. (1) Beginning at the intersection of the Young/Archer 
County line and the line of longitude -98.8228 deg. W.; then south along 
the line of longitude -98.8228 deg. W. to the line of latitude 
33.3600 deg. N.; then west along the line of latitude 33.3600 deg. N. to 
the line of longitude -98.9410 deg. W.; then south along the line of 
longitude -98.9410 deg. W. to the line of latitude 33.3001 deg. N.; then 
east along the line of latitude 33.3001 deg. N. to the line of longitude 
-98.8884 deg. W.; then south along the line of longitude -98.8884 deg. 
W. to the line of latitude 33.2878 deg. N.; then east along the line of 
latitude 33.2878 deg. N. to the line of longitude -98.8355 deg. W.; then 
south on the line of longitude -98.8355 deg. W. to the line of latitude 
33.2552 deg. N.; then east along the line of latitude 33.2552 deg. N. to 
the line of longitude -98.7856 deg. W.; then south along the line of 
longitude -98.7856 deg. W. to the line of latitude 33.2237 deg. N.; then 
east along the line of latitude 33.2237 deg. N. to the line of longitude 
-98.7065 deg. W.; then south along the line of longitude -98.7065 deg. 
W. to the line of latitude 33.1329 deg. N.; then west along the line of 
latitude 33.1329 deg. N. to the line of longitude -98.8250 deg. W.; then 
north along the line of longitude -98.8250 deg. W. to the line of 
latitude 33.1484 deg. N.; then west along the line of latitude 
33.1484 deg. N. to the line of longitude

[[Page 122]]

-98.9312 deg. W.; then north along the line of longitude -98.9312 deg. 
W. to the line of latitude 33.1810 deg. N.; then west along the line of 
latitude 33.1810 deg. N. to the Young/Throckmorton County line; then 
north along the Young/Throckmorton County line to the Young/Archer 
County line; then east along the Young/Archer County line to the point 
of beginning.
    (2) Beginning at the intersection of the Young/Archer County line 
and the line of longitude -98.6851 deg. W.; then south along the line of 
longitude -98.6851 deg. W. to the line of latitude 33.3053 deg. N.; then 
west along the line of latitude 33.3053 deg. N. to the line of longitude 
-98.7906 deg. W.; then north along the line of longitude -98.7906 deg. 
W. to the line of latitude 33.3069 deg. N.; then west along the line of 
latitude 33.3069 deg. N. to the line of longitude -98.7926 deg. W.; then 
north along the line of longitude -98.7926 deg. W. to the Young/Archer 
County line; then east along the Young/Archer County line to the point 
of beginning.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23624, May 1, 1997; 62 
FR 62505, Nov. 24, 1997; 63 FR 1, Jan. 2, 1998; 63 FR 50751, Sept. 23, 
1998; 64 FR 23752, May 4, 1999; 65 FR 50596, Aug. 21, 2000; 66 FR 32210, 
June 14, 2001; 66 FR 37576, July 19, 2001; 66 FR 63152, Dec. 5, 2001; 67 
FR 61978, Oct. 3, 2002]



Sec. 301.89-4  Planting.

    (a) Wheat, durum wheat, and triticale may be planted in all fields 
within a regulated area. All wheat seed, durum wheat seed, and triticale 
seed that originates within a regulated area must be tested and found 
free from spores and bunted wheat kernels before it may be planted 
within a regulated area.
    (b) No wheat, durum wheat, or triticale that originates within a 
regulated area may be used for planting outside a regulated area.

[67 FR 21161, Apr. 30, 2002]



Sec. 301.89-5  Movement of regulated articles from regulated areas.

    (a) Any regulated article may be moved from a regulated area into or 
through an area that is not regulated only if moved under the following 
conditions:
    (1) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.89-6 and 301.89-10;
    (2) Without a certificate or limited permit, provided that each of 
the following conditions is met:
    (i) The regulated article was moved into the regulated area from an 
area that is not regulated;
    (ii) The point of origin is indicated on a waybill accompanying the 
regulated article;
    (iii) The regulated article is moved through the regulated area 
without stopping, or has been stored, packed, or handled at locations 
approved by an inspector as not posing a risk of contamination with 
Karnal bunt, or has been treated in accordance with the methods and 
procedures prescribed in Sec. 301.89-13 while in or moving through any 
regulated area; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity;
    (3) Without a certificate or limited permit, provided the regulated 
article is a soil sample being moved to a laboratory approved by the 
Administrator \1\ to process, test, or analyze soil samples;
---------------------------------------------------------------------------

    \1\ Criteria that laboratories must meet to become approved to 
process, test, or analyze soil, and the list of currently approved 
laboratories, may be obtained from the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Domestic and 
Emergency Operations, 4700 River Road Unit 134, Riverdale, Maryland 
20737-1236.
---------------------------------------------------------------------------

    (4) Without a certificate or limited permit, provided the regulated 
article is straw/stalks/seed heads for decorative purposes that have 
been processed or manufactured prior to movement and are intended for 
use indoors.
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article, the inspector is 
authorized to stop the person or means of conveyance to determine 
whether a regulated article is present and to inspect the regulated 
article. Articles found to be infected by an inspector, and articles not 
in compliance with the regulations in this subpart, may be seized, 
quarantined, treated, subjected to other remedial measures, destroyed, 
or otherwise disposed of. Any treatments will be in accordance with the 
methods and procedures prescribed in Sec. 301.89-13.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998]

[[Page 123]]



Sec. 301.89-6  Issuance of a certificate or limited permit.

    (a) An inspector \2\ or person operating under a compliance 
agreement will issue a certificate for the movement of a regulated 
article outside a regulated area if he or she determines that the 
regulated article:
---------------------------------------------------------------------------

    \2\ Inspectors are assigned to local offices of APHIS, which are 
listed in local telephone directories. Information concerning such local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Domestic and Emergency 
Operations, 4700 River Road Unit 134, Riverdale, Maryland 20737-1236, or 
from Karnal Bunt Project, 3658 E. Chipman Rd. Phoenix, Arizona 85040.
---------------------------------------------------------------------------

    (1) Is eligible for unrestricted movement under all other applicable 
Federal domestic plant quarantines and regulations;
    (2) Is to be moved in compliance with any conditions deemed 
necessary under section 414 of the Plant Protection Act (7 U.S.C. 7714) 
\3\ to prevent the artificial spread of Karnal bunt; and
---------------------------------------------------------------------------

    \3\ 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 431 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3)(i) Is free of Karnal bunt infestation, based on laboratory 
results of testing, and history of previous infestation;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of 
Karnal bunt; or
    (iii) Has been treated in accordance with methods and procedures 
prescribed in Sec. 301.89-13.
    (b) To be eligible for movement under a certificate, grain from a 
field within a regulated area must be tested prior to its movement from 
the field or before it is commingled with other grains and must be found 
free from bunted kernels. If bunted kernels are found, the grain will be 
eligible for movement only under a limited permit issued in accordance 
with paragraph (c) of this section. No wheat, durum wheat, or triticale 
moved out of a regulated area under a certificate may be used for 
planting outside the regulated area.
    (c) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the movement within or outside the 
regulated area of a regulated article not eligible for a certificate if 
the inspector determines that the regulated article:
    (1) Is to be moved to a specified destination for specified 
handling, utilization, or processing (the destination and other 
conditions to be listed in the limited permit and/or compliance 
agreement), and this movement will not result in the artificial spread 
of Karnal bunt because Karnal bunt will be destroyed or the risk 
mitigated by the specified handling, utilization, or processing;
    (2) Is to be moved in compliance with any additional conditions the 
Administrator may impose under section 414 of the Plant Protection Act 
(7 U.S.C. 7714) to prevent the artificial spread of Karnal bunt; and
    (3) Is eligible for movement under all other Federal domestic plant 
quarantines and regulations applicable to the regulated article.
    (d) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec. 301.89-7 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and limited 
permits may then be completed and used, as needed, for the movement of 
regulated articles that have met the applicable requirements of 
paragraphs (a) and (b) of this section for the issuance of certificates 
or of paragraph (c) of this section for the issuance of limited permits.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23627, May 1, 1997; 63 
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 66 FR 21053, Apr. 
27, 2001; 67 FR 21161, Apr. 30, 2002]



Sec. 301.89-7  Compliance agreements.

    Persons who grow, handle, or move regulated articles may enter into 
a

[[Page 124]]

compliance agreement \4\ if such persons review with an inspector each 
provision of the compliance agreement, have facilities and equipment to 
carry out disinfestation procedures or application of chemical materials 
in accordance with Sec. 301.89-13, and meet applicable State training 
and certification standards under the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended (7 U.S.C. 136b). Any person who enters 
into a compliance agreement with APHIS must agree to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
---------------------------------------------------------------------------

    \4\ Compliance agreements may be initiated by contacting a local 
office of Plant Protection and Quarantine, which are listed in telephone 
directories. The addresses and telephone numbers of local offices of 
Plant Protection and Quarantine may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 4700 
River Road Unit 134, Riverdale, Maryland 20737-1236, or from the Karnal 
Bunt Project, 3658 E. Chipman Rd., Phoenix, Arizona 85040.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997]



Sec. 301.89-8  Cancellation of a certificate, limited permit, or compliance agreement.

    Any certificate, limited permit, or compliance agreement may be 
canceled orally or in writing by an inspector whenever the inspector 
determines that the holder of the certificate or limited permit, or the 
person who has entered into the compliance agreement, has not complied 
with this subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective immediately 
and the cancellation and the reasons for the cancellation will be 
confirmed in writing as soon as circumstances allow, but within 20 days 
after oral notification of the cancellation. Any person whose 
certificate, limited permit, or compliance agreement has been canceled 
may appeal the decision, in writing, within 10 days after receiving the 
written cancellation notice. The appeal must state all of the facts and 
reasons that the person wants the Administrator to consider in deciding 
the appeal. A hearing may be held to resolve any conflict as to any 
material fact. Rules of practice for the hearing will be adopted by the 
Administrator. As soon as practicable, the Administrator will grant or 
deny the appeal, in writing, stating the reasons for the decision.



Sec. 301.89-9  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services of an inspector \5\ at least 24 hours before the services 
are needed.
---------------------------------------------------------------------------

    \5\ See footnote 2.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 64 
FR 29550, June 2, 1999]



Sec. 301.89-10  Attachment and disposition of certificates and limited permits.

    (a) The consignor must ensure that the certificate or limited permit 
authorizing movement of a regulated article is, at all times during 
movement, attached to:
    (1) The outside of the container encasing the regulated article;
    (2) The article itself, if it is not in a container; or
    (3) The consignee's copy of the accompanying waybill: Provided, that 
the descriptions of the regulated article on the certificate or limited 
permit, and on the waybill, are sufficient to identify the regulated 
article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing movement of a regulated article to the consignee at the 
shipment's destination.



Sec. 301.89-11  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services.
    The user will be responsible for all costs and charges arising from 
inspection and other services provided outside of normal business hours.



Sec. 301.89-12  Cleaning and disinfection.

    (a) Mechanized harvesting equipment that has been used to harvest 
host

[[Page 125]]

crops that test positive for Karnal bunt and seed conditioning equipment 
that has been used in the production of any host crops must be cleaned 
and disinfected in accordance with Sec. 301.89-13(a) prior to movement 
from a regulated area.
    (b) [Reserved]

[63 FR 50751, Sept. 23, 1998, as amended at 64 FR 23754, May 4, 1999; 65 
FR 50598, Aug. 21, 2000]



Sec. 301.89-13  Treatments.

    (a) All conveyances, mechanized harvesting equipment, seed 
conditioning equipment, grain elevators, and structures used for storing 
and handling wheat, durum wheat, or triticale required to be cleaned and 
disinfected under this subpart must be cleaned by removing all soil and 
plant debris and disinfected by one of the methods specified in 
paragraphs (a)(1) through (a)(4) of this section, unless a particular 
treatment is designated by an inspector. The treatment used must be that 
specified by an inspector if that treatment is deemed most effective in 
a given situation:
    (1) Wetting all surfaces to the point of runoff with a solution of 
1.5 percent sodium hypochlorite--e.g., with a solution of sodium 
hypochlorite mixed with water applied at the rate of 1 gallon of 
household chlorine bleach (5.2 percent sodium hypochlorite) mixed with 
2.5 gallons of water--and letting stand for 15 minutes. The equipment or 
site should be thoroughly washed down after 15 minutes to minimize 
corrosion; or
    (2) Applying steam to all surfaces until the point of runoff, and so 
that a critical temperature of 170  deg.F is reached at the point of 
contact;
    (3) Cleaning with a solution of hot water and detergent, applied 
under pressure of at least 30 pounds per square inch, at a minimum 
temperature of 180  deg.F; or
    (4) Fumigating with methyl bromide at the dosage of 15 pounds/1000 
cubic feet for 96 hours.
    (b) Soil must be wet to a depth of 1 inch by water (irrigation or 
rain) just prior to treatment and must be treated by fumigation with 
methyl bromide at the dosage of 15 pounds/1000 cubic feet for 96 hours.
    (c) Millfeed must be treated with a moist heat treatment of 170 
deg.F for at least 1 minute if the millfeed resulted from the milling of 
wheat, durum wheat, or triticale that tested positive for Karnal bunt.
    (d) [Reserved]
    (e) Seed used for germplasm or for research purposes must be treated 
with a 1.5 percent aqueous solution of sodium hypochlorite (=30 percent 
household bleach) containing 2 ml. of Tween 20TM per liter 
agitated for 10 minutes at room temperature followed by a 15-minute 
rinse with clean, running water and then by drying, and either:
    (1) With 6.8 fl. oz. of Carboxin thiram (10 percent + 10 percent, 
0.91 + 0.91 lb. ai./gal.) flowable liquid and 3 fluid ounces of 
pentachloronitrobenzene (2.23 lb. ai./gal.) per 100 pounds of seed; or
    (2) With 4.0 fluid ounces of Carboxin thiram (1.67 + 1.67 lb. ai./
gal.) flowable liquid and 3 fluid ounces of pentachloronitrobenzene 
(2.23 lb. ai./gal.) per 100 pounds of seed.

[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 64265, Dec. 5, 1997; 63 
FR 50751, Sept. 23, 1998; 64 FR 23754, May 4, 1999; 67 FR 21161, Apr. 
30, 2002]



Sec. 301.89-14  Compensation for the 1995-1996 crop season.

    The following individuals are eligible to receive compensation from 
the United States Department of Agriculture (USDA) for the 1995-1996 
crop season to mitigate losses or expenses incurred because of the 
Karnal bunt regulations and emergency actions, as follows:
    (a) Growers who have destroyed crops. Growers in New Mexico and 
Texas who have destroyed crops of wheat pursuant to an Emergency Action 
Notification (PPQ Form 523) issued by an inspector are eligible to be 
compensated at the rate of $300 per acre of destroyed crop. Compensation 
payments will be issued by the Farm Service Agency (FSA). To claim 
compensation, the grower must complete and submit to a local FSA county 
office whichever of the following three forms are applicable, as 
determined by FSA: FSA Form 574, FSA Form 578, and FCI Form 73. The 
forms will be furnished by FSA. Claims for compensation must be received 
by

[[Page 126]]

FSA on or before May 31, 1997. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation on or before May 31, 1997.
    (b) Growers and handlers who sell nonpropagative wheat. Growers and 
handlers in a State where the Secretary has declared an extraordinary 
emergency, and who sell nonpropagative wheat grown in the regulated area 
or in an area for which an Emergency Action Notification (PPQ Form 523) 
has been issued in accordance with Sec. 301.89-3(d), are eligible to be 
compensated for the loss in value of their wheat due to the Karnal bunt 
regulations, as follows:
    (1) Growers who sell nonpropagative wheat. Growers are eligible to 
be compensated for nonpropagative 1995-1996 crop season wheat and for 
nonpropagative wheat inventories in their possession that were unsold as 
of March 1, 1996, as described in paragraphs (b)(1)(i), (b)(1)(ii), and 
(b)(1)(iii) of this section. However, compensation will not exceed $2.50 
per bushel under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract before March 1, 1996, compensation will equal the 
contracted price minus the higher of either the salvage value, as 
described in paragraph (b)(3) of this section, or the actual price 
received by the grower.
    (ii) If the wheat was grown under contract and a price was 
determined in the contract on or after March 1, 1996, and on or before 
August 1, 1996, compensation will equal the higher of either the 
contract price or the estimated market price for the relevant class of 
wheat (meaning type of wheat, such as durum or hard red winter) minus 
the higher of either the salvage value, as described in paragraph (b)(3) 
of this section, or the actual price received by the grower. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) for the period between May 1 
and June 30, 1996, with adjustments for transportation and other 
handling costs.
    (iii) If the wheat was not grown under contract or a price was 
determined in the contract after August 1, 1996, compensation will equal 
the estimated market price for the relevant class of wheat (meaning type 
of wheat, such as durum or hard red winter) minus the higher of either 
the salvage value, as described in paragraph (b)(3) of this section, or 
the actual price received by the grower. The estimated market price will 
be calculated by APHIS for each class of wheat, taking into account the 
prices offered by relevant terminal markets (animal feed, milling, or 
export) for the period between May 1 and June 30, 1996, with adjustments 
for transportation and other handling costs.
    (2) Handlers who sell nonpropagative wheat. Handlers are eligible to 
be compensated for nonpropagative 1995-1996 crop season wheat and for 
nonpropagative wheat inventories in their possession that were unsold as 
of March 1, 1996, only under the circumstances described in paragraphs 
(b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section. Compensation for 
the circumstances in paragraphs (b)(2)(i) and (b)(2)(ii) will equal the 
estimated market price for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) minus the salvage value, as 
described in paragraph (b)(3) of this section. Compensation for the 
circumstance in paragraph (b)(2)(iii) will equal the estimated market 
price for the relevant class of wheat (meaning type of wheat, such as 
durum or hard red winter) minus the higher of either the salvage value, 
as described in paragraph (b)(3) of this section, or the actual price 
received by the handler. The estimated market price will be calculated 
by APHIS for each class of wheat, taking into account the prices offered 
by relevant terminal markets (animal feed, milling, or export) for the 
period between May 1 and June 30, 1996, with adjustments for 
transportation and other handling costs. However, compensation will not 
exceed $2.50 per bushel under any circumstances.
    (i) Handlers who honor contracts by paying the grower full contract 
price on wheat grown for nonpropagative

[[Page 127]]

purposes in the regulated area that was tested by APHIS and found 
positive for Karnal bunt;
    (ii) Handlers who purchase contracted or noncontracted wheat grown 
for nonpropagative purposes in the regulated area that was tested by 
APHIS and found negative for Karnal bunt prior to purchase but that was 
tested by APHIS and found positive for Karnal bunt after purchase; or
    (iii) Except as explained in this paragraph, handlers who honor 
contracts by paying the grower or another handler full contract price on 
nonpropagative wheat grown in the regulated area that was tested by 
APHIS and found negative for Karnal bunt if a price was determined in 
the contract before March 1, 1996. Handlers who had contracted to sell 
the wheat at a price determined in the contract before March 1, 1996, 
and who received the full contract price, are not eligible for 
compensation.
    (3) Salvage value. Salvage values will be as follows:
    (i) If the wheat is positive for Karnal bunt and is sold for use as 
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per 
bushel for all classes of wheat.
    (ii) If the wheat is positive for Karnal bunt and is sold for a use 
other than animal feed, salvage value equals whichever is higher of the 
following: the average price paid in the region of the regulated area 
where the wheat is sold for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) for the period between May 1 
and June 30, 1996; or, $3.60 per bushel.
    (iii) If the wheat is negative for Karnal bunt and is sold for any 
use, salvage value equals whichever is higher of the following: the 
average price paid in the region of the regulated area where the wheat 
is sold for the relevant class of wheat (meaning type of wheat, such as 
durum or hard red winter) for the period between May 1 and June 30, 
1996; or, $3.60 per bushel.
    (4) To claim compensation. Compensation payments will be issued by 
the Farm Service Agency (FSA). Claims for compensation must be received 
by FSA on or before May 31, 1997. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation on or before May 31, 1997. To claim compensation, a grower 
or handler must complete and submit to the local FSA county office the 
following documents:
    (i) Both growers and handlers. A grower or handler must submit 
whichever of the following three forms are applicable, as determined by 
FSA: FSA Form 574, FSA Form 578, and FCI Form 73. A grower or a handler 
must also submit a copy of the receipt for the final sale of the wheat, 
showing the intended use for which the wheat was sold, and a copy of the 
Karnal bunt certificate issued by APHIS that shows the Karnal bunt test 
results.
    (ii) Growers. In addition to the documents required in paragraph 
(b)(4)(i), growers must submit a copy of the contract the grower has for 
the wheat, if the wheat was under contract; and a copy of the receipt 
for the final sale of the wheat, showing the intended use for which the 
wheat was sold, total bushels sold, and the total amount paid to the 
grower by the handler.
    (iii) Handlers. In addition to the documents required in paragraph 
(b)(4)(i), handlers must submit a copy of the contract the handler had 
with the grower for the wheat, if the wheat was under contract; a copy 
of the receipt for the purchase of the wheat from the grower or handler, 
showing the total bushels purchased and the amount the handler paid for 
the wheat; and a copy of the receipt for the final sale of the wheat, 
showing the intended use for which the wheat was sold. Handlers who had 
contracted to sell the wheat at a price determined in the contract 
before March 1, 1996, must submit a copy of the contract for the sale of 
the wheat.
    (c) Nonpropagative wheat that is not sold. If a grower or handler of 
nonpropagative wheat grown in the regulated area in a State where the 
Secretary has declared an extraordinary emergency is not able to or 
elects not to sell their wheat, they will be eligible to receive 
compensation at the rate of $2.50 per bushel. Compensation will only be 
paid if the grower or handler has destroyed the wheat by burying it in a 
sanitary landfill or other site that

[[Page 128]]

has been approved by APHIS. Compensation claims will be issued by the 
Farm Service Agency (FSA). To claim compensation, the grower or handler 
must complete and submit to the local FSA county office whichever of the 
following three forms are applicable, as determined by FSA: FSA Form 
574, FSA Form 578, and FCI Form 73. In addition, the grower or handler 
must submit verification of how much wheat was buried, in the form of a 
receipt from the sanitary landfill or verification signed by an APHIS 
inspector. Claims for compensation must be received by FSA on or before 
May 31, 1997. The Administrator may extend this deadline, upon request 
in specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
May 31, 1997.
    (d) Growers and seed companies that sold wheat seed. Growers of and 
seed companies with certified wheat seed or wheat grown with the intent 
of producing certified wheat seed are eligible for compensation for the 
loss in value of their seed, in accordance with this section, if the 
seed was grown in a State where the Secretary has declared an 
extraordinary emergency, and if the seed was grown in an area of that 
State that was regulated for Karnal bunt or under Emergency Action 
Notification (PPQ Form 523) for Karnal bunt during the 1995-1996 crop 
season.
    (1) Growers who sold wheat seed under contract. Growers who sold 
1995-1996 crop season certified wheat seed or 1995-1996 crop season 
wheat grown with the intent of producing certified wheat seed are 
eligible to receive compensation as described in paragraphs (d)(1)(i) 
and (d)(1)(ii) of this section if they sold the wheat under contract to 
a seed company. However, compensation will not exceed $2.80 per bushel 
under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract on or before March 1, 1996, and the contract price was 
not honored by the seed company, the compensation rate will equal the 
contract price (CP), including the seed premium if specified in the 
contract, minus the higher of either the salvage value (SV), as 
described in paragraph (d)(6) of this section, plus the actual seed 
premium received by the grower (SP)(actual), or the actual price 
received by the grower (AP), including any seed premium specified on the 
receipt for the final sale of the wheat. If the actual seed premium 
received by the grower is not specified on the receipt for the final 
sale of the wheat, the seed premium will be set at $.30 for the 
compensation calculation. In each case, the amount of the actual price 
or the salvage value of the wheat seed will include the value of any 
proceeds accrued through insurance claims, judgments, or from any other 
source. The equation for this compensation is: Compensation rate = CP--
higher of [SV + (SP(actual) or $.30) or [AP].
    (ii) If the wheat was grown under contract and a price was 
determined in the contract after March 1, 1996, the compensation rate 
will equal the estimated market price for grain (EMP) plus the seed 
premium if specified in the contract (SP)(contract) minus the higher of 
either the salvage value (SV), as described in paragraph (d)(6) of this 
section, plus the actual seed premium received by the grower 
(SP)(actual), or the actual price received by the grower (AP), including 
any seed premium specified on the receipt for the final sale of the 
wheat. If a seed premium is not specified in the contract or on the 
receipt for the final sale of the wheat, the seed premium that is added 
to the estimated market price (EMP) and the seed premium that is added 
to the salvage value (SV) will be set at $.30. In each case, the amount 
of the actual price or the salvage value of the wheat seed will include 
the value of any proceeds accrued through insurance claims, judgments, 
or from any other source. The equation for this compensation is: 
Compensation rate = [EMP + (SP(contract) or $.30)]--higher of [SV + 
(SP(actual) or $.30)] or [AP]. The estimated market price will be 
calculated by APHIS for each class of wheat, taking into account the 
prices offered by relevant terminal markets (animal feed, milling, or 
export) for the period between May 1 and June 30, 1996, with adjustments 
for transportation and other handling costs.
    (2) Growers who sold wheat seed for nonpropagative purposes. Growers 
with

[[Page 129]]

1995-1996 crop season certified wheat seed or 1995-1996 crop season 
wheat grown with the intent of producing certified wheat seed are 
eligible to receive compensation in accordance with paragraphs (d)(2)(i) 
and (d)(2)(ii) of this section if they sold the wheat for nonpropagative 
purposes. However, compensation will not exceed $2.80 per bushel under 
any circumstances.
    (i) If the grower has not claimed compensation under paragraph (b) 
of this section, the compensation rate will equal the estimated market 
price for grain (EMP) minus the actual price received by the grower 
(AP), plus the seed premium specified in the contract the grower had 
with a seed company (SP). If a seed premium is not specified in the 
contract, SP will equal $.30. In each case, the amount of the actual 
price of the wheat seed will include the value of any proceeds accrued 
through insurance claims, judgments, or from any other source. The 
equation for this compensation is: Compensation rate = (EMP-AP) + (SP or 
$.30). Growers who claim compensation under this paragraph may not claim 
compensation under paragraph (b) of this section.
    (ii) If the grower has claimed compensation under paragraph (b) of 
this section, the compensation rate will equal the premium specified in 
the contract the grower had with a seed company. If no seed premium is 
specified in the contract, compensation will equal $.30 per bushel.
    (3) Seed companies that sold wheat seed for nonpropagative purposes 
and that have not claimed compensation. Seed companies with 1995-1996 
crop season certified wheat seed or 1995-1996 crop season wheat grown 
with the intent of producing certified wheat seed, and seed companies 
with certified wheat seed inventories in their possession that were 
unsold as of March 1, 1996, are eligible to receive compensation as 
described in paragraphs (d)(3)(i) and (d)(3)(ii) of this section if the 
wheat seed was sold for nonpropagative purposes and if the seed company 
has not claimed compensation under paragraph (b) of this section. Seed 
companies that claim compensation under paragraph (d)(3)(i) or 
(d)(3)(ii) of this section may not claim compensation under paragraph 
(b) of this section.
    (i) If the wheat was grown in the 1995-1996 crop season, was under 
contract, and the seed company honored the contract by paying the grower 
the full contract price, including the seed premium if a seed premium is 
specified in the contract, the compensation rate will equal the 
estimated market price for grain (EMP) plus the seed margin (SM) minus 
the higher of either the actual price received by the seed company (AP) 
or the salvage value (SV), as described in paragraph (d)(6) of this 
section. The equation for this compensation is: Compensation rate = EMP 
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private 
variety seed and $2.40 per bushel for public variety seed. In each case, 
the amount of the actual price or the salvage value of the wheat seed 
will include the value of any proceeds accrued through insurance claims, 
judgments, or from any other source. However, compensation will not 
exceed $7.00 per bushel for private variety seed and $4.90 per bushel 
for public variety seed under any circumstances.
    (ii) If a seed company had wheat inventories from past crop seasons 
that were unsold as of March 1, 1996, the compensation rate will equal 
the estimated market price for grain (EMP) plus the seed margin (SM) 
minus the higher of either the actual price received by the seed company 
(AP) or the salvage value (SV), as described in paragraph (d)(6) of this 
section. The equation for this compensation is: Compensation rate = EMP 
+ SM-higher of AP or SV. The seed margin is $4.50 per bushel for private 
variety seed and $2.40 per bushel for public variety seed. In each case, 
the amount of the actual price or the salvage value of the wheat seed 
will include the value of any proceeds accrued through insurance claims, 
judgments, or from any other source. However, compensation will not 
exceed $7.00 per bushel for private variety seed and $4.90 per bushel 
for public variety seed under any circumstances.
    (4) Seed companies that sold wheat seed for nonpropagative purposes 
and that have claimed compensation. Seed companies with 1995-1996 crop 
season certified wheat seed or 1995-1996 crop season

[[Page 130]]

wheat grown with the intent of producing certified wheat seed, and seed 
companies with certified wheat seed inventories in their possession that 
were unsold as of March 1, 1996, are eligible to receive compensation as 
described in this paragraph if the wheat seed was sold for 
nonpropagative purposes and if the seed company has claimed compensation 
under paragraph (b) of this section. In addition, for claims on 1995-
1996 crop season wheat, the wheat must have been grown under contract 
and the seed company must have honored the contract by paying the grower 
the full contract price, including the seed premium if a seed premium is 
specified in the contract. The compensation rate will equal the seed 
margin. The seed margin is $4.50 per bushel for private variety seed and 
$2.40 per bushel for public variety seed.
    (5) Seed companies that sold wheat seed for propagative purposes. 
Seed companies with 1995-1996 crop season certified wheat seed or 1995-
1996 crop season wheat grown with the intent of producing certified 
wheat seed, and seed companies with certified wheat seed inventories in 
their possession that were unsold as of March 1, 1996, are eligible to 
receive compensation as described in this paragraph if the wheat seed 
was sold for propagative purposes. In addition, for claims on 1995-1996 
crop season wheat, the wheat must have been grown under contract and the 
seed company must have honored the contract by paying the grower the 
full contract price, including the seed premium if a seed premium is 
specified in the contract. The compensation rate will equal the 
estimated market price for grain (EMP) plus the seed margin (SM) minus 
the higher of either the actual price received by the seed company (AP) 
or the salvage value (SV), as described in paragraph (d)(6) of this 
section. In each case, the amount of the actual price or the salvage 
value of the wheat seed will include the value of any proceeds accrued 
through insurance claims, judgments, or from any other source. The 
equation for this compensation is: Compensation rate = EMP + SM-higher 
of AP or SV. The seed margin is $4.50 per bushel for private variety 
seed and $2.40 per bushel for public variety seed. However, compensation 
will not exceed $7.00 per bushel for private variety seed and $4.90 per 
bushel for public variety seed under any circumstances.
    (6) Salvage value. Salvage values will be determined as follows:
    (i) If the wheat is positive for Karnal bunt and is sold for use as 
animal feed, salvage value equals $6.00 per hundredweight or $3.60 per 
bushel for all classes of wheat.
    (ii) If the wheat is positive for Karnal bunt and is sold for a use 
other than animal feed, salvage value equals whichever is higher of the 
following: the average price paid in the region of the regulated areas 
where the wheat is sold for the relevant class of wheat (meaning type of 
wheat, such as durum or hard red winter) for the period between May 1 
and June 30, 1996; or, $3.60 per bushel.
    (iii) If the wheat is negative for Karnal bunt and is sold for any 
use, salvage value equals whichever is higher of the following: the 
average price paid in the region of the regulated areas where the wheat 
is sold for the relevant class of wheat (meaning type of wheat, such as 
durum or hard red winter) for the period between May 1 and June 30, 
1996; or, $3.60 per bushel.
    (7) To claim compensation. Compensation payments for claims made 
under paragraph (d) of this section will be issued by the Farm Service 
Agency (FSA). Claims for compensation must be received by FSA on or 
before April 22, 1998. The Administrator may extend this deadline, upon 
request in specific cases, when unusual and unforeseen circumstances 
occur which prevent or hinder a claimant from requesting compensation on 
or before that date. To claim compensation, a grower or seed company 
must submit to the local FSA county office all of the following that 
apply:
    (i) The grower or seed company must submit a Karnal Bunt 
Compensation Claim form, provided by FSA;
    (ii) The grower or seed company must submit a copy of the receipt 
for the final sale of the wheat, showing the intended use for which the 
wheat was sold, total bushels sold, and the total price received by the 
grower or seed company;

[[Page 131]]

    (iii) The grower or seed company must submit verification as to the 
actual (not estimated) weight of the wheat for which compensation is 
being claimed (such as a copy of a facility weigh ticket, or other 
verification);
    (iv) The grower or seed company must submit documentation showing 
that the wheat is either certified seed or was grown with the intention 
of producing certified seed (this documentation may include one or more 
of the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (v) For claims on 1995-1996 crop season wheat, the grower or seed 
company must submit a copy of the contract under which the wheat was 
grown. Seed companies claiming compensation on seed inventories that 
were in their possession as of March 1, 1996, do not have to submit a 
copy of the contract under which the wheat was grown;
    (vi) A seed company that is claiming compensation for seed 
inventories must certify to FSA that the wheat seed was in the seed 
company's possession as of March 1, 1996;
    (vii) The grower or seed company must submit a copy of the Karnal 
bunt certificate issued by APHIS that shows the Karnal bunt test 
results; provided that, if a grower or seed company moved its wheat only 
within the regulated area, and therefore, does not have a corresponding 
Karnal bunt certificate for the wheat for which compensation is being 
claimed, a limited permit stating that the wheat was positive for Karnal 
bunt will be accepted in lieu of a Karnal bunt certificate. Any wheat 
that was moved only within the regulated area and that was not moved 
under a limited permit will be considered negative for Karnal bunt;
    (viii) If the wheat was grown in an area that is not a regulated 
area, but for which an Emergency Action Notification (PPQ Form 523) 
(EAN) for Karnal bunt has been issued, the grower or seed company must 
submit a copy of the EAN.
    (e) Other compensation for seed companies. Seed companies are also 
eligible to receive compensation under the following circumstance: If a 
seed company has 1995-1996 crop season certified wheat seed, or 1995-
1996 crop season wheat grown with the intent of producing certified 
wheat seed, that cannot be sold for use as grain or animal feed because 
it was previously cleaned, treated, and bagged, the compensation rate 
will equal $9.40 per bushel for private variety seed and $7.30 per 
bushel for public variety seed. Compensation will only be paid if the 
seed company has destroyed the wheat by burying it in a sanitary 
landfill or other site that has been approved by APHIS. The compensation 
will be issued by the Farm Service Agency (FSA). Claims for compensation 
must be received by FSA on or before April 22, 1998. The Administrator 
may extend this deadline, upon request in specific cases, when unusual 
and unforeseen circumstances occur which prevent or hinder a claimant 
from requesting compensation on or before that date. To claim 
compensation, a seed company must submit to the local FSA county office 
all of the following that apply:
    (1) The seed company must submit a Karnal Bunt Compensation Claim 
form, provided by FSA;
    (2) The seed company must submit verification of how much wheat was 
buried, in the form of a receipt from the sanitary landfill or 
verification signed by an APHIS inspector;
    (3) The seed company must submit documentation showing that the 
wheat is either certified seed or was grown with the intention of 
producing certified seed (this documentation may include one or more of 
the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (4) For claims on 1995-1996 crop season wheat that was buried, the 
seed company must submit a copy of the contract under which the wheat 
was grown. Seed companies claiming compensation on buried seed 
inventories

[[Page 132]]

that were in their possession as of March 1, 1996, do not have to submit 
a copy of the contract under which the wheat was grown;
    (5) A seed company that is claiming compensation for seed 
inventories that were buried must certify to FSA that the wheat seed was 
in the seed company's possession as of March 1, 1996;
    (6) If the wheat was grown in an area that is not a regulated area, 
but for which an Emergency Action Notification (PPQ Form 523)(EAN) for 
Karnal bunt has been issued, the seed company must submit a copy of the 
EAN.
    (f) Decontamination of grain storage facilities. Owners of grain 
storage facilities that are in States where the Secretary has declared 
an extraordinary emergency, and who have decontaminated their grain 
storage facilities pursuant to an Emergency Action Notification (PPQ 
Form 523) issued by an inspector, are eligible to be compensated, on a 
one time only basis for each facility and each covered crop year wheat, 
for up to 50 percent of the cost of decontamination. However, 
compensation will not exceed $20,000 per grain storage facility (as 
defined in Sec. 301.89-1). General clean-up, repair, and refurbishment 
costs are excluded from compensation. Compensation payments will be 
issued by APHIS. To claim compensation, the owner of the grain storage 
facility must submit to an inspector records demonstrating that 
decontamination was performed on all structures, conveyances, or 
materials ordered to be decontaminated by the Emergency Action 
Notification on the facility. The records must include a copy of the 
Emergency Action Notification, contracts with individuals or companies 
hired to perform the decontamination, receipts for equipment and 
materials purchased to perform the decontamination, time sheets for 
employees of the grain storage facility who performed activities 
connected to the decontamination, and any other documentation that helps 
show the cost to the owner and that decontamination has been completed. 
Claims for compensation must be received by APHIS on or before May 31, 
1997. The Administrator may extend this deadline, upon request in 
specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
May 31, 1997.
    (g) Flour millers. Flour millers who, in accordance with a 
compliance agreement with APHIS, heat-treat millfeed made from wheat 
produced in regulated areas that require such treatment are eligible to 
be compensated at the rate of $35.00 per short ton of millfeed. The 
amount of millfeed compensated will be calculated by multiplying the 
weight of wheat from the regulated area received by the miller by 25 
percent (the average percent of millfeed derived from a short ton of 
grain). Compensation payments will be issued by APHIS. To claim 
compensation, the miller must submit to an inspector verification as to 
the actual (not estimated) weight of the wheat (such as a copy of the 
limited permit under which the wheat was moved to the mill or a copy of 
the bill of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Flour millers must also submit 
verification that the millfeed was heat treated (such as a copy of the 
limited permit under which the wheat was moved to a treatment facility 
and a copy of the bill of lading accompanying that movement; or a copy 
of PPQ Form 700 (which includes certification of processing) signed by 
the inspector who monitors the mill). Claims for compensation must be 
received by APHIS on or before May 31, 1997. The Administrator may 
extend this deadline, upon request in specific cases, when unusual and 
unforeseen circumstances occur which prevent or hinder a claimant from 
requesting compensation on or before May 31, 1997.
    (h) National Karnal Bunt Survey participants. If a grain storage 
facility participating in the National Karnal Bunt Survey tests positive 
for Karnal bunt spores, the facility will be regulated and may be 
ordered decontaminated pursuant to an Emergency Action Notification (PPQ 
Form 523) issued by an inspector. If a Declaration of Extraordinary 
Emergency has been declared for the State in which the grain storage 
facility is located, the owner of the grain storage facility will be 
eligible for compensation as follows:

[[Page 133]]

    (1) Loss in value of positive wheat. The owner of the grain storage 
facility will be compensated for the loss in value of positive wheat. 
Compensation will equal the estimated market price for the relevant 
class of wheat minus the salvage value, as described in paragraph (b)(3) 
of this section. The estimated market price will be calculated by APHIS 
for each class of wheat, taking into account the prices offered by 
relevant terminal markets (animal feed, milling, or export) for the 
period between October 1 and November 30, 1996, with adjustments for 
transportation and other handling costs. However, compensation will not 
exceed $2.50 per bushel under any circumstances. Compensation payments 
for loss in value of wheat will be issued by the Farm Service Agency 
(FSA). To claim compensation, the owner of the facility must submit to 
the local FSA office a copy of the Emergency Action Notification under 
which the facility is or was quarantined and verification as to the 
actual (not estimated) weight of the wheat (such as a copy of the 
limited permit under which the wheat was moved to a mill or a copy of 
the bill of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Claims for compensation must be 
received by FSA on or before May 31, 1997. The Administrator may extend 
this deadline, upon request in specific cases, when unusual and 
unforeseen circumstances occur which prevent or hinder a claimant from 
requesting compensation on or before May 31, 1997.
    (2) Decontamination of grain storage facilities. The owner of the 
facility will be compensated on a one time only basis for each grain 
storage facility and each covered crop year wheat for the direct costs 
of decontamination of the facility at the same rate described under 
paragraph (f) of this section (up to 50 per cent of the direct costs of 
decontamination, not to exceed $20,000 per grain storage facility). 
Compensation payments for decontamination of grain storage facilities 
will be issued by APHIS, and claims for compensation must be submitted 
in accordance with the provisions in paragraph (f) of this section. 
Claims for compensation must be received by APHIS on or before May 31, 
1997. The Administrator may extend this deadline, upon request in 
specific cases, when unusual and unforeseen circumstances occur which 
prevent or hinder a claimant from requesting compensation on or before 
May 31, 1997.
    (i) Wheat straw producers. Producers of wheat straw (either growers 
who bale their own wheat straw or individuals contracted by growers to 
remove wheat straw from the growers' fields) made from wheat grown in 
the regulated areas in the 1995-1996 crop season are eligible to receive 
compensation on a one-time-only basis at the rate of $1.00 per 80-pound 
bale or $1.25 per hundredweight. Producers are eligible for compensation 
regardless of whether or not the straw is sold, but the straw must have 
been produced under contract. Compensation payments will be issued by 
the Farm Service Agency (FSA). To claim compensation, a wheat straw 
producer must submit a Karnal Bunt Compensation Claim form, provided by 
FSA, and a copy of the contract under which the wheat straw was produced 
to the local FSA county office. Claims for compensation must be received 
by FSA on or before April 22, 1998. The Administrator may extend this 
deadline, upon request in specific cases, when unusual and unforeseen 
circumstances occur which prevent or hinder a claimant from requesting 
compensation prior to that date.

[62 FR 24751, May 6, 1997, as amended at 63 FR 1329, Jan. 9, 1998]



Sec. 301.89-15  Compensation for growers, handlers, and seed companies in the 1999-2000 and subsequent crop seasons.

    Growers, handlers, and seed companies are eligible to receive 
compensation from the United States Department of Agriculture (USDA) for 
the 1999-2000 and subsequent crop seasons to mitigate losses or expenses 
incurred because of the Karnal bunt regulations and emergency actions, 
as follows:
    (a) Growers, handlers, and seed companies in areas under first 
regulated crop season. Growers, handlers, and seed companies are 
eligible to receive compensation for the loss in value of their wheat in 
accordance with paragraphs (a)(1) and (a)(2) of this section if: The 
wheat was grown in a State where the

[[Page 134]]

Secretary has declared an extraordinary emergency; and the wheat was 
grown in an area of that State that became regulated for Karnal bunt 
after the crop was planted, or for which an Emergency Action 
Notification (PPQ Form 523) was issued after the crop was planted; and 
the wheat was grown in an area that remained regulated or under 
Emergency Action Notification at the time the wheat was sold. Growers 
and handlers of wheat grown in Oklahoma during the 2000-2001 growing 
season are eligible to receive compensation if the wheat was commingled 
in storage with wheat that meets the above requirements of this 
paragraph. Growers, handlers, and seed companies in areas under the 
first regulated crop season are eligible for compensation for 1999-2000 
or subsequent crop season wheat and for wheat inventories in their 
possession that were unsold at the time the area became regulated. The 
compensation provided in this paragraph is for wheat grain, certified 
wheat seed, wheat held back from harvest by a grower in the 2000-2001 
growing season for use as seed in the next growing season, and wheat 
grown with the intention of producing certified wheat seed.
    (1) Growers. Growers of wheat in an area under the first regulated 
crop season, who sell wheat that was tested by APHIS and found positive 
for Karnal bunt prior to sale, or that was tested by APHIS and found 
positive for Karnal bunt after sale and the price received by the grower 
is contingent on the test results, are eligible to receive compensation 
as described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. 
However, compensation for positive-testing wheat will not exceed $1.80 
per bushel under any circumstances.
    (i) If the wheat was grown under contract and a price was determined 
in the contract before the area where the wheat was grown became 
regulated, compensation will equal the contract price minus the actual 
price received by the grower.
    (ii) If the wheat was not grown under contract or a price was 
determined in the contract after the area where the wheat was grown 
became regulated, compensation will equal the estimated market price for 
the relevant class of wheat (meaning type of wheat, such as durum or 
hard red winter) minus the actual price received by the grower. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) during the harvest months for 
the area, with adjustments for transportation and other handling costs. 
Separate estimated market prices will be calculated for certified wheat 
seed and wheat grown with the intention of producing certified wheat 
seed, and wheat grain.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in an area under the first regulated crop season are 
eligible to receive compensation only if the wheat was not tested by 
APHIS prior to purchase by the handler or seed company, but was tested 
by APHIS and found positive for Karnal bunt after purchase by the 
handler or seed company, as long as the price to be paid is not 
contingent on the test results. Compensation will equal the estimated 
market price for the relevant class of wheat (meaning type of wheat, 
such as durum or hard red winter) minus the actual price received by the 
handler or seed company. The estimated market price will be calculated 
by APHIS for each class of wheat, taking into account the prices offered 
by relevant terminal markets (animal feed, milling, or export) during 
the harvest months for the area, with adjustments for transportation and 
other handling costs. Separate estimated market prices will be 
calculated for certified wheat seed and wheat grown with the intention 
of producing certified wheat seed, and wheat grain. However, 
compensation will not exceed $1.80 per bushel under any circumstances.
    (b) Growers, handlers, and seed companies in previously regulated 
areas. For the 1999-2000 crop season and the 2000-2001 crop season only, 
growers, handlers, and seed companies are eligible to receive 
compensation for the loss in value of their wheat in accordance with 
paragraphs (b)(1) and (b)(2) of this section if: The wheat was grown in 
a State where the Secretary has declared an extraordinary emergency; and 
the wheat was grown in an area of that State that became regulated for 
Karnal

[[Page 135]]

bunt before the crop was planted, or for which an Emergency Action 
Notification (PPQ Form 523) was issued before the crop was planted; and 
the wheat was grown in an area that remained regulated or under 
Emergency Action Notification at the time the wheat was sold. Growers, 
handlers, and seed companies in previously regulated areas will not be 
eligible for compensation for wheat from the 2001-2002 and subsequent 
crop seasons; except that, for growers or handlers of wheat harvested in 
any field in the Texas counties of Archer, Baylor, Throckmorton, and 
Young during the 2000-2001 crop season that has not been found to 
contain a bunted wheat kernel, this requirement applies to compensation 
for wheat from the 2002-2003 and subsequent crop seasons. The 
compensation provided in this paragraph is for wheat grain, certified 
wheat seed, and wheat grown with the intention of producing certified 
wheat seed.
    (1) Growers. Growers of wheat in a previously regulated area who 
sell wheat that was tested by APHIS and found positive for Karnal bunt 
prior to sale, or that was tested by APHIS and found positive for Karnal 
bunt after sale and the price received by the grower is contingent on 
the test results, are eligible to receive compensation at the rate of 
$.60 per bushel of positive testing wheat.
    (2) Handlers and seed companies. Handlers and seed companies who 
sell wheat grown in a previously regulated area are eligible to receive 
compensation only if the wheat was not tested by APHIS prior to purchase 
by the handler, but was tested by APHIS and found positive for Karnal 
bunt after purchase by the handler or seed company, as long as the price 
to be paid by the handler or seed company is not contingent on the test 
results. Compensation will be at the rate of $.60 per bushel of positive 
testing wheat.
    (c) To claim compensation. Compensation payments to growers, 
handlers, and seed companies under paragraphs (a) and (b) of this 
section will be issued by the Farm Service Agency (FSA). Claims for 
compensation for the 1999-2000 crop season must be received by FSA on or 
before December 4, 2001. Claims for compensation for subsequent crop 
seasons must be received by FSA on or before March 1 of the year 
following that crop season. The Administrator may extend the deadline, 
upon request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates. To claim compensation, a grower, 
handler, or seed company must complete and submit to the local FSA 
county office the following documents:
    (1) Growers, handlers, and seed companies. A grower, handler, or 
seed company must submit a Karnal Bunt Compensation Claim form, provided 
by FSA. If the wheat was grown in an area that is not a regulated area, 
but for which an Emergency Action Notification (PPQ Form 523) (EAN) has 
been issued, the grower, handler, or seed company must submit a copy of 
the EAN. Growers, handlers, and seed companies must also submit a copy 
of the Karnal bunt certificate issued by APHIS that shows the Karnal 
bunt test results, and verification as to the actual (not estimated) 
weight of the wheat that tested positive (such as a copy of a facility 
weigh ticket, or other verification). For compensation claims for wheat 
seed, a grower or seed company must submit documentation showing that 
the wheat is either certified seed or was grown with the intention of 
producing certified seed (this documentation may include one or more of 
the following types of documents: an application to the State seed 
certification agency for field inspection; a bulk sale certificate; 
certification tags or labels issued by the State seed certification 
agency; or a document issued by the State seed certification agency 
verifying that the wheat is certified seed);
    (2) Growers. In addition to the documents required in paragraph 
(c)(1) of this section, growers must submit a copy of the receipt for 
the final sale of the wheat, showing the total bushels sold and the 
total price received by the grower. Growers compensated under paragraph 
(b)(1) of this section (previously regulated areas) whose wheat was not 
tested prior to sale must submit documentation showing that the price 
paid to the grower was contingent on test results (such as a copy of

[[Page 136]]

the receipt for the final sale of the wheat or a copy of the contract 
the grower has for the wheat, if this information appears on those 
documents).
    (3) Handlers and seed companies. In addition to the documents 
required in paragraph (c)(1) of this section, handlers and seed 
companies must submit a copy of the receipt for the final sale of the 
wheat, showing the total bushels sold and the total price received by 
the handler or seed company. The handler or seed company must also 
submit documentation showing that the price paid or to be paid to the 
grower is not contingent on the test results (such as a copy of the 
receipt for the purchase of the wheat or a copy of the contract the 
handler or seed company has with the grower, if this information appears 
on those documents).
    (d) Special allowance for negative wheat grown in Archer, Baylor, 
Throckmorton, and Young Counties, TX, in the 2000-2001 growing season. 
Notwithstanding any other provision of this section, wheat that was 
harvested from fields in Archer, Baylor, Throckmorton, or Young 
Counties, TX, in the 2000-2001 growing season, and that tested negative 
for Karnal bunt after harvest, is eligible for compensation in 
accordance with paragraph (a) of this section.
    (e) Special allowance for disposal costs for treated uncertified 
wheat seed in Archer, Baylor, Throckmorton, and Young Counties, TX, in 
the 2000-2001 growing season. Notwithstanding any other provision of 
this section, growers in Archer, Baylor, Throckmorton, or Young 
Counties, TX, who own treated uncertified wheat seed that tested 
positive for Karnal bunt spores during the 2000-2001 growing season are 
eligible for compensation in accordance with this paragraph. The grower 
is eligible for compensation for the costs of disposing of such wheat 
seed, by burial on the grower's premises, by burial at a landfill, or 
through another means approved by APHIS. The compensation for disposing 
of wheat seed by burial on the grower's premises is $1.00 per bushel. 
The compensation for disposing of wheat seed by burial at a landfill, or 
through another means approved by APHIS, is the actual cost of disposal, 
up to $1.20 per bushel, as verified by receipts for disposal costs. To 
apply for this compensation, the grower must submit a Karnal Bunt 
Compensation Claim form, provided by FSA, and must also submit a copy of 
the Karnal bunt certificate issued by APHIS that shows the Karnal bunt 
test results, and verification as to the actual (not estimated) weight 
of the uncertified wheat seed that tested positive for spores (such as a 
copy of a facility weigh ticket, or other verification). For seed 
disposed of by burial at a landfill the grower must also submit one or 
more receipts for the disposal costs of the uncertified wheat seed, 
showing the total bushels destroyed and the total disposal costs 
(landfill fees, transportation costs, etc.).

[63 FR 31599, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001; 67 FR 21566, May 1, 2002]



Sec. 301.89-16  Compensation for grain storage facilities, flour millers, and National Survey participants for the 1999-2000 and subsequent crop seasons.

    Owners of grain storage facilities, flour millers, and participants 
in the National Karnal Bunt Survey are eligible to receive compensation 
from the United States Department of Agriculture (USDA) for the 1999-
2000and subsequent crop seasons to mitigate losses or expenses incurred 
because of the Karnal bunt regulations and emergency actions, as 
follows:
    (a) Decontamination of grain storage facilities. Owners of grain 
storage facilities that are in States where the Secretary has declared 
an extraordinary emergency, and who have decontaminated their grain 
storage facilities pursuant to either an Emergency Action Notification 
(PPQ Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facilities, are eligible to be 
compensated, on a one time only basis for each facility for each covered 
crop year wheat, for up to 50 percent of the direct cost of 
decontamination. However, compensation will not exceed $20,000 per grain 
storage facility (as defined in Sec. 301.89-1). General clean-up, 
repair, and refurbishment costs are excluded from compensation. 
Compensation payments

[[Page 137]]

will be issued by APHIS. To claim compensation, the owner of the grain 
storage facility must submit to an inspector records demonstrating that 
decontamination was performed on all structures, conveyances, or 
materials ordered by APHIS to be decontaminated. The records must 
include a copy of the Emergency Action Notification or the letter from 
an inspector ordering decontamination, contracts with individuals or 
companies hired to perform the decontamination, receipts for equipment 
and materials purchased to perform the decontamination, time sheets for 
employees of the grain storage facility who performed activities 
connected to the decontamination, and any other documentation that helps 
show the cost to the owner and that decontamination has been completed. 
Claims for compensation for the 1999-2000 crop season must be received 
by APHIS on or before December 4, 2001. Claims for compensation for the 
2000-2001 crop season and beyond must be received by March 1 of the year 
following that crop season. The Administrator may extend these deadlines 
upon written request in specific cases, when unusual and unforeseen 
circumstances occur that prevent or hinder a claimant from requesting 
compensation on or before these dates.
    (b) Flour millers. Flour millers who, in accordance with a 
compliance agreement with APHIS, heat treat millfeed that is required by 
APHIS to be heat treated are eligible to be compensated at the rate of 
$35.00 per short ton of millfeed. The amount of millfeed compensated 
will be calculated by multiplying the weight of wheat from the regulated 
area received by the miller by 25 percent (the average percent of 
millfeed derived from a short ton of grain). Compensation payments will 
be issued by APHIS. To claim compensation, the miller must submit to an 
inspector verification as to the actual (not estimated) weight of the 
wheat (such as a copy of a facility weigh ticket or a copy of the bill 
of lading for the wheat, if the actual weight appears on those 
documents, or other verification). Flour millers must also submit 
verification that the millfeed was heat treated (such as a copy of the 
limited permit under which the wheat was moved to a treatment facility 
and a copy of the bill of lading accompanying that movement; or a copy 
of PPQ Form 700 (which includes certification of processing) signed by 
the inspector who monitors the mill). Claims for compensation for the 
1999-2000 crop season must be received by APHIS on or before December 4, 
2001. Claims for compensation for the 2000-2001 crop season and beyond 
must be received by March 1 of the year following that crop season. The 
Administrator may extend these deadlines upon written request in 
specific cases, when unusual and unforeseen circumstances occur that 
prevent or hinder a claimant from requesting compensation on or before 
these dates.
    (c) National Karnal Bunt Survey participants. If a grain storage 
facility participating in the National Karnal Bunt Survey tests positive 
for Karnal bunt, the facility will be regulated, and may be ordered 
decontaminated, pursuant to either an Emergency Action Notification (PPQ 
Form 523) issued by an inspector or a letter issued by an inspector 
ordering decontamination of the facility. If the Secretary has declared 
an extraordinary emergency in the State in which the grain storage 
facility is located, the owner will be eligible for compensation as 
follows:
    (1) Loss in value of positive wheat. The owner of the grain storage 
facility will be compensated for the loss in value of positive wheat. 
Compensation will equal the estimated market price for the relevant 
class of wheat minus the actual price received for the wheat. The 
estimated market price will be calculated by APHIS for each class of 
wheat, taking into account the prices offered by relevant terminal 
markets (animal feed, milling, or export) during the relevant time 
period for that facility, with adjustments for transportation and other 
handling costs. However, compensation will not exceed $1.80 per bushel 
under any circumstances. Compensation payments for loss in value of 
wheat will be issued by the Farm Service Agency (FSA). To claim 
compensation, the owner of the facility must submit to the local FSA 
office a Karnal Bunt Compensation Claim form, provided by FSA. The owner 
of the facility must also submit

[[Page 138]]

to FSA a copy of the Emergency Action Notification or letter from an 
inspector under which the facility is or was quarantined; verification 
as to the actual (not estimated) weight of the wheat (such as a copy of 
a facility weigh ticket or a copy of the bill of lading for the wheat, 
if the actual weight appears on those documents, or other verification); 
and a copy of the receipt for the final sale of the wheat, showing the 
total bushels sold and the total price received by the owner of the 
grain storage facility. Claims for compensation for the 1999-2000 crop 
season must be received by APHIS on or before December 4, 2001. Claims 
for compensation for the 2000-2001 crop season and beyond must be 
received by March 1 of the year following that crop season. The 
Administrator may extend these deadlines upon written request in 
specific cases, when unusual and unforeseen circumstances occur that 
prevent or hinder a claimant from requesting compensation on or before 
these dates.
    (2) Decontamination of grain storage facilities. The owner of the 
facility will be compensated on a one time only basis for each grain 
storage facility for each covered crop year wheat for the direct costs 
of decontamination of the facility at the same rate described under 
paragraph (a) of this section (up to 50 per cent of the direct costs of 
decontamination, not to exceed $20,000 per grain storage facility). 
Compensation payments for decontamination of grain storage facilities 
will be issued by APHIS, and claims for compensation must be submitted 
in accordance with the provisions in paragraph (a) of this 
section.Claims for compensation for the 1999-2000 crop season must be 
received by APHIS on or before December 4, 2001. Claims for compensation 
for the 2000-2001 crop season and beyond must be received by March 1 of 
the year following that crop season. The Administrator may extend these 
deadlines upon written request in specific cases, when unusual and 
unforeseen circumstances occur that prevent or hinder a claimant from 
requesting compensation on or before these dates.

[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999; 
66 FR 40842, Aug. 6, 2001]

Subpart--Corn Cyst Nematode [Reserved]



                     Subpart--European Larch Canker

    Source: 49 FR 18992, May 4, 1984, unless otherwise noted.

                       Quarantine and Regulations



Sec. 301.91  Quarantine and regulations; restrictions on interstate movement of regulated articles.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (a) Quarantines and regulations. The secretary of agriculture hereby 
quarantines the State of Maine in order to prevent the artificial spread 
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous 
plant disease of trees of the Larix and Pseudolarix species not hereto 
fore widely prevalent or distributed within and throughout the United 
States; and hereby establishes regulations governing the interstate 
movement of regulated articles specified in Sec. 301.91-2
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move interstate from any regulated 
area any regulated article except in accordance with the conditions 
prescribed in this subpart.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.91-1  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:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that such article is eligible for interstate movement 
in accordance with Sec. 301.91-5(a).

[[Page 139]]

    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service for Plant Protection and Quarantine, or 
any officer or employee of the Department to whom authority to act in 
his/her stead has been or may hereafter be delegated.
    European larch canker. The plant disease known as European larch 
canker, Lachnellula willkommi (Dasycypha), in any stage of development.
    Infestation. The presence of European larch canker or the existence 
of circumstances that make it reasonable to believe that the European 
larch canker is present.
    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 quarantines and regulations in this 
subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document which is issued for a regulated article 
by an inspector or by a person operating under a compliance agreement, 
and which represents that such regulated article is eligible for 
interstate movement in accordance with Sec. 301.91-5(b).
    Moved (movement, move). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved or caused to be 
moved by any means. ``Movement'' and ``move'' shall be construed 
accordingly.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    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.
    Regulated area. Any State, or any portion thereof, listed in 
Sec. 301.91-3(c) or otherwise designated as a regulated area in 
accordance with Sec. 301.91-3(b).
    Regulated article. Any article listed in Sec. 301.91-2(a) or 
otherwise designated as a regulated article in accordance with 
Sec. 301.91-2(b).
    State. Each of the several 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.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.91-2  Regulated articles.

    The following are regulated articles:
    (a) Logs, pulpwood, branches, twigs, plants, scion and other 
propagative material of the Larix or Pseudolarix spp. except seeds;
    (b) Any other product, article, or means of conveyance, of any 
character whatsoever, not covered by paragraph (a) of this section, when 
it is determined by an inspector that it presents a risk of spread of 
European larch canker and the person in possession thereof has actual 
notice that the product, article or means of conveyance is subject to 
the restrictions in the quarantine and regulations.



Sec. 301.91-3  Regulated areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Deputy Administrator shall list as a regulated area in paragraph (c) 
of this section, the State, or any portion thereof, in which European 
larch canker has been found by an inspector or in which the Deputy 
Administrator has reason to believe that European larch canker is 
present, or any portion of a quarantined State which the Deputy 
Administrator deems necessary to regulate because of its proximity to a 
European larch canker infestation or its inseparability for quarantine 
enforcement purpose from localities in which European larch canker 
occurs. Less than an entire quarantined State will be designated as a 
regulated area only

[[Page 140]]

if the Deputy Administrator determines that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artifical interstate 
spread of European larch canker.
    (b) The Deputy Administrator or an inspector may temporarily 
designate any nonregulated area in a quarantined State as a regulated 
area in accordance with the criteria specified in paragraph (a) of this 
section for listing such area. Written notice of such designaton shall 
be given to the owner or person in possession of such nonregulated area, 
and, thereafter, the interstate movement of any regulated article from 
such area shall be subject to the applicable provisions of this subpart. 
As soon as practicable, such area shall be added to the list in 
paragraph (c) of this section or such designation shall be terminated by 
the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas:

                                  Maine

    Hancock County. The entire townships of Gouldsboro, Serrento, 
Sullivan, Winter Harbor, 7th Southern Division, 9th Southern Division, 
10th Southern Division, and 16th Middle Division.
    Knox County. The entire townships of Appleton, Camden, Cushing, 
Friendship, Hope, Owls Head, Rockland City, Rockport, South Thomaston, 
St. George, Thomaston, Union, Warren, and Washington.
    Lincoln County. The entire townships of Alna, Boothbay Harbor, 
Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, 
Nobleboro, Somerville, Southport, Waldoboro, Westport, and Wiscassett.
    Waldo County. The entire townships of Lincolnville and Searsmont.
    Washington County. The entire townships of Addison, Baring, Beals, 
Calais City, Centerville, Charolotte, Cherryfield, Columbia, Columbia 
Falls, Cooper, Cutler, Debolis, Dennysville, East Machias, Eastport, 
Edmunds, Harrington, Jonesboro, Jonesport, Lubec, Machias, Machiasport, 
Marion, Marshfield, Meddybemps, Milbridge, Northfield, Plantation 14, 
Pembroke, Perry, Robbinston, Roque Bluffs, Steuben, Trescott, Whiting, 
Whitneyville, 18th Eastern Division, 18th Middle Division, and 19th 
Middle Division.

[49 FR 18992, May 4, 1984, as amended at 49 FR 36817, Sept. 20, 1984; 50 
FR 7033, Feb. 20, 1985; 50 FR 13178, Apr. 3, 1985]



Sec. 301.91-4  Conditions governing the interstate movement of regulated articles from regulated areas in quarantined States.\2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines must also be met.
---------------------------------------------------------------------------

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State only if moved under the following 
conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.91-5 and 301.91-8 of this subpart; or
    (b) Without a certificate or limited permit;
    (1) If moved to a contiguous regulated area; or
    (2)(i) If moved directly through (moved without stopping except 
under normal traffic conditions such as traffic lights or stop signs) 
any regulated area in an enclosed vehicle or in an enclosed container on 
a vehicle to prevent the introduction of European larch canker;
    (ii) If the article originated outside of any regulated area; and
    (iii) If the point of origin of any article is clearly indicated by 
shipping documents and its identity has been maintained.



Sec. 301.91-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1)(i) Determines based on inspection of the premises of origin that 
the premises are free from European larch canker; or
    (ii) Determines that it has been grown, processed, stored, or 
handled in

[[Page 141]]

such a manner that the regulated article is free of European larch 
canker; and
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; and
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to such article.
    (b) A limited permit shall be issued by an inspector, except as 
provided in paragraph (c) of this section, for the movement of a 
regulated article if such inspector:
    (1) Determines, in consultation with the Deputy Administrator, that 
it is to be moved to a specified destination for specified handling, 
utilization, or processing (such destination and other conditions to be 
specified on the limited permit), when, upon evaluation of all of the 
circumstances involved in each case, it is determined that such movement 
will not result in the spread of European larch canker because the 
disease will be destroyed by such specified handling, utilization, or 
processing;
    (2) Determines that it is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \3\ to prevent the spread of European 
larch canker; and
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    (3) Determines that it is eligible for such movement under all other 
Federal domestic plant quarantines and regulations applicable to such 
article.
    (c) Certificates and limited permits may be issued by any person 
engaged in the business of growing, handling, or moving regulated 
articles provided such person has entered into and is operating under a 
compliance agreement. Any such person may execute and issue a 
certificate or limited permit for the interstate movement of a regulated 
article if an inspector has previously made the determination that the 
article is eligible for a certificate in accordance with Sec. 301.91-
5(a) or is eligible for a limited permit in accordance with Sec. 301.91-
5(b).
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if such inspector determines 
that the holder thereof has not complied with any conditions under the 
regulations for the use of such document. The reasons for the withdrawal 
shall be confirmed in writing as promptly as circumstances permit. Any 
person whose certificate or limited 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 certificate or limited permit was wrongfully withdrawn. 
The Deputy Administrator shall grant or deny the appeal, in witing, 
stating the reasons for such decision, as promptly as circmstances 
permit. If there is a conflict as to any material fact, a hearing shall 
be held to resolve such conflict. Rules of Practice concerning such a 
hearing will be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.91-6  Compliance agreement and cancellation thereof.

    (a) Any person engaged in the business of growing, handling, or 
moving regulated articles may enter into a compliance agreement to 
facilitate the movement of regulated articles under this subpart. \4\ 
The compliance agreement shall be a written agreement between a person 
engaged in such a business and Plant Protection and Quarantine, wherein 
the person agrees to

[[Page 142]]

comply with the provisions of this subpart and any conditions imposed 
pursuant thereto.
---------------------------------------------------------------------------

    \4\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefor shall 
be confirmed in writing, as promptly as circumstances permit. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, to the Deputy Administrator within ten (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 cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for such 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. Rules of Practice concerning such a hearing will 
be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.91-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.91-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement), request an inspector \5\ to take any 
necessary action under this subpart prior to movement of the regulated 
article.
---------------------------------------------------------------------------

    \5\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Such articles shall be assembled at such point and in such 
manner as the inspector designates as necessary to comply with the 
requirements of this subpart.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.91-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during such movement, 
shall be securely attached to the outside of the containers containing 
the regulated article, securely attached to the article itself if not in 
a container, or securely attached to the consignee's copy of the 
accompanying waybill or other shipping document; Provided, however, That 
the requirements of this section may be met by attaching the certificate 
or limited permit to the consignee's copy of the waybill or other 
shipping documents only if the regulated article is sufficiently 
described on the certificate, limited permit, or shipping document to 
identify such article.
    (b) The certificate or limited permit for the movement of a 
regulated article shall be furnished by the carrier to the consignee at 
the destination of the shipment.



Sec. 301.91-9  Costs and charges.

    The services of the inspector shall be furnished without cost, 
except as provided in 7 CFR part 354. The U.S. Department of Agriculture 
will not be responsible for any costs or charges incident to inspections 
or compliance with the provisions of the quarantine and regulations in 
this subpart, other than for the services of the inspector.



                      Subpart--Phytophthora Ramorum

    Source: 67 FR 6834, Feb. 14, 2002, unless otherwise noted.

[[Page 143]]



Sec. 301.92  Restrictions on the interstate movement of regulated and restricted articles.

    No person may move interstate from any quarantined area any 
regulated or restricted article except in accordance with this 
subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, quarantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated or restricted articles as provided in sections 414, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------



Sec. 301.92-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Bark chips. Bark fragments broken or shredded from a log or tree.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of Sec. 301.92-5(a) of this subject and may be 
moved interstate to any destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, processing, handling, or moving regulated articles, 
wherein the person agrees to comply with this subpart.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.92-4(a)(2) of this subpart.
    Duff. Decaying plant matter that includes leaf litter, green waste, 
stem material, bark, and any other plant material that, upon visual 
inspection, does not appear to have completely decomposed into soil.
    Firewood. Wood that has been cut, sawn, or chopped into a shape and 
size commonly used for fuel.
    Forest stock. All flowers, trees, shrubs, vines, scions, buds, fruit 
pits, or other seeds of fruit and ornamental trees or shrubs that are 
wild-grown, backyard-grown, or naturally occurring and do not meet the 
definition of nursery stock, and that are not located on a nursery 
premises.
    Inspector. Any employee of APHIS, the U.S. Department of 
Agriculture, or other person authorized by the Administrator to perform 
the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Log. The bole of a tree; trimmed timber that has not been sawn 
further than to form cants.
    Lumber. Logs that have been sawn into boards, planks, or structural 
members such as beams.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Mulch. Bark chips, wood chips, wood shavings, or sawdust, or a 
mixture thereof, that could be used as a protective or decorative ground 
cover.
    Nursery stock. All greenhouse or 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 association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.92-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.92-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.92-2(a) of this 
subpart.
    Restricted article. Any article listed in Sec. 301.92-2(b) of this 
subpart.

[[Page 144]]

    Soil. Any non-liquid combination of organic and/or inorganic 
material in which plants can grow.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.92-2  Regulated and restricted articles.

    (a) The following are regulated articles, and may be moved 
interstate from a quarantined area only if accompanied by a certificate 
issued in accordance with the regulations in this subpart:
    (1) Nursery stock (except acorns and seeds), unprocessed wood and 
wood products, and plant products, including firewood, logs, lumber, 
wreaths, garlands, and greenery of arrowwood (Viburnumxbodnantense), big 
leaf maple (Acer macrophyllum), black oak (Quercus kelloggii), 
California bay laurel (Umbellularia californica), California buckeye 
(Aesculus californica), California coffeeberry (Rhamnus californica), 
California honeysuckle (Lonicera hispidula), coast live oak (Quercus 
agrifolia), huckleberry (Vaccinium ovatum) (except fruit), madrone 
(Arbutus menziesii), manzanita (Arctostaphylos manzanita), rhododendron 
(Rhododendron spp., including azalea), Shreve's oak (Quercus parvula 
var. shrevei), tanoak (Lithocarpus densiflorus), and Toyon (Heteromeles 
arbutifolia).
    (2) Soil.
    (3) Any other product or article that an inspector determines to 
present a risk of spreading Phytophthora ramorum, if an inspector 
notifies the person in possession of the product or article that it is 
subject to the restrictions in the regulations.
    (b) The following are restricted articles, and may only be moved 
interstate from a quarantined area by the U.S. Department of Agriculture 
for experimental or scientific purposes, and only in accordance with the 
regulations in Sec. 301.92-4(a)(2) of this subpart:
    (1) Bark chips, forest stock, or mulch of arrowwood (Viburnum x 
bodnantense), big leaf maple (Acer macrophyllum), black oak (Quercus 
kelloggii), California bay laurel (Umbellularia californica), California 
buckeye (Aesculus californica), California coffeeberry (Rhamnus 
californica), California honeysuckle (Lonicera hispidula), coast live 
oak (Quercus agrifolia), huckleberry (Vaccinium ovatum), madrone 
(Arbutus menziesii), manzanita (Arctostaphylos manzanita), rhododendron 
(Rhododendron spp., including azalea), Shreve's oak (Quercus parvula 
var. shrevei), tanoak (Lithocarpus densiflorus), and Toyon (Heteromeles 
arbutifolia).
    (2) Any other product or article that an inspector determines to 
present a risk of spreading Phytophthora ramorum, if an inspector 
notifies the person in possession of the product or article that it is a 
restricted article.

[67 FR 6834, Feb. 14, 2002; 67 FR 13560, Mar. 25, 2002]



Sec. 301.92-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which 
Phytophthora ramorum has been found by an inspector, in which the 
Administrator has reason to believe that Phytophthora ramorum is 
present, or that the Administrator considers necessary to quarantine 
because of its inseparability for quarantine enforcement purposes from 
localities in which Phytophthora ramorum has been found. Less than an 
entire State will be designated as a quarantined area only if the 
Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of Phytophthora ramorum.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the

[[Page 145]]

interstate movement of any regulated article from an area temporarily 
designated as a quarantined area will be subject to this subpart. As 
soon as practicable, this area will be added to the list in paragraph 
(c) of this section or the designation will be terminated by the 
Administrator or an inspector. The owner or person in possession of an 
area for which designation is terminated will be given notice of the 
termination as soon as practicable.
    (c) The following areas are designated as quarantined areas:

                               California

    Alameda County. The entire county.
    Marin County. The entire county.
    Mendocino County. The entire county.
    Monterey County. The entire county.
    Napa County. The entire county.
    San Mateo County. The entire county.
    Santa Clara County. The entire county.
    Santa Cruz County. The entire county.
    Solano County. The entire county.
    Sonoma County. The entire county.

                                 Oregon

    Curry County. That portion of the county bounded by a line drawn as 
follows: Beginning in the northwest corner of sec. 17, T. 40 S., R. 13 
W., then east along sec. 17 and 16, T. 40 S., R. 13 W., to sec. 16, T. 
40 S., R. 13 W., then south along sec. 16, 21, 28, and 33, T. 40 S., R. 
13 W., to sec. 33, T. 40 S., R. 13 W., then west along sec. 33 and 32, 
T. 40 S., R. 13 W., to sec. 32, T. 40 S., R. 13 W., then north along 
sec. 32 and 29, T. 40 S., R. 13 W., to the midway point of the western 
boundary of sec. 29, T. 40 S., R. 13 W., then west to the center of sec. 
30, T. 40 S., R. 13 W., then north through sec. 30 and 19, T. 40 S., R. 
13 W., to the center of sec. 19, T. 40 S., R. 13 W., then east to the 
western boundary of sec. 20, T. 40 S., R. 13 W., then north along sec. 
20 and 17, T. 40 S., R. 13 W., to the point of beginning.



Sec. 301.92-4  Conditions governing the interstate movement of regulated and restricted articles from quarantined areas.

    Regulated articles and restricted articles may be moved interstate 
from a quarantined area \2\ only if moved in accordance with this 
section.
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or departmental permit.
    (1) Any regulated articles may be moved interstate from a 
quarantined area if accompanied by a certificate issued and attached in 
accordance with Secs. 301.92-5 and 301.92-8 of this subpart, and 
provided that the regulated article is moved through the quarantined 
area without stopping except for refueling, rest stops, emergency 
repairs, and for traffic conditions, such as traffic lights or stop 
signs.
    (2) Any restricted article may be moved interstate from a 
quarantined area only if the article is moved:
    (i) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (ii) Pursuant to a departmental permit issued by the Administrator 
for the article;
    (iii) Under conditions specified on the departmental permit and 
found by the Administrator to be adequate to prevent the spread of 
Phytophthora ramorum; and
    (iv) With a tag or label bearing the number of the departmental 
permit issued for the article attached to the outside of the container 
holding the article, or attached to the article itself if not in a 
container.
    (b) Without a certificate or departmental permit.
    (1) The regulated or restricted article originated outside the 
quarantined area and the point of origin of the article is indicated on 
the waybill of the vehicle transporting the article; and
    (2) The regulated or restricted article is moved from outside the 
quarantined area through the quarantined area without stopping except 
for refueling or for traffic conditions, such as traffic lights or stop 
signs, and the article is not unpacked or unloaded in the quarantined 
area.

(Approved by the Office of Management and Budget under control number 
0579-0191)



Sec. 301.92-5  Issuance and cancellation of certificates.

    (a) An inspector \3\ may issue a certificate for the interstate 
movement of

[[Page 146]]

regulated articles if an inspector determines that:
---------------------------------------------------------------------------

    \3\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Invasive Species and Pest 
Management, 4700 River Road Unit 134, Riverdale MD 20737-1236, or the 
APHIS web site at http://www.aphis.usda.gov/travel/aqi.html.
---------------------------------------------------------------------------

    (1)(i) The regulated articles have been treated under the direction 
of an inspector in accordance with Sec. 301.92-10 of this subpart; or
    (ii) The regulated articles are wood products such as firewood, 
logs, or lumber that are free of bark; or
    (iii) The regulated article is soil that has not been in direct 
physical contact with any article infected with P. ramorum, and from 
which all duff has been removed.
    (iv) The regulated articles are articles of nursery stock that:
    (A) Are shipped from a nursery or premises in a quarantined area 
that is inspected annually in accordance with the inspection and 
sampling protocol described in Sec. 301.92-11(a) of this subpart, and 
that has been found free of Phytophthora ramorum; and
    (B) Are part of a shipment of nursery stock that has been inspected 
prior to interstate movement in accordance with Sec. 301.92-11(b) of 
this subpart, and that has been found free of Phytophthora ramorum; and
    (C) Have been kept separate from regulated articles not inspected 
between the time of the inspection and the time of interstate movement; 
and
    (D) Have not been grown in, or moved from, other areas within a 
quarantined area except nurseries or premises that are annually 
inspected for Phytophthora ramorum in accordance with this section, and 
that have been found free of Phytophthora ramorum.
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (7 U.S.C. 7714) \4\ to prevent 
the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \4\ Sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 
7714, 7731, and 7754) provide that the Secretary of Agriculture may, 
under certain conditions, hold, seize, quarantine, treat, apply other 
remedial measures to destroy or otherwise dispose of any plant, plant 
pest, plant product, article, or means of conveyance that is moving, or 
has moved into or through the United States or interstate if the 
Secretary has reason to believe the article is a plant pest or is 
infested with a plant pest at the time of movement.
---------------------------------------------------------------------------

    (3) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) Certificates may be issued by any person engaged in the business 
of growing, processing, handling, or moving regulated articles provided 
such person has entered into and is operating under a compliance 
agreement. Any such person may execute and issue a certificate for the 
interstate movement of regulated articles if an inspector has previously 
made the determination that the article is eligible for a certificate in 
accordance with Sec. 301.92-5(a) of this subpart.
    (c) Any certificate that has been issued may be withdrawn, either 
orally or in writing, by an inspector if he or she determines that the 
holder of the certificate has not complied with all conditions in this 
subpart for the use of the certificate. If the withdrawal is oral, the 
withdrawal and the reasons for the withdrawal will be confirmed in 
writing as promptly as circumstances allow. Any person whose certificate 
has been withdrawn may appeal the decision in writing to the 
Administrator within 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 certificate was wrongfully 
withdrawn. As promptly as circumstances allow, the Administrator will 
grant or deny the appeal, in writing, stating the reasons for the 
decision. A hearing will be held to resolve any conflict as to any 
material fact. Rules of practice concerning a hearing will be adopted by 
the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0191)



Sec. 301.92-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, processing, handling, or moving 
regulated articles other than nursery stock may enter into a compliance 
agreement when an inspector determines

[[Page 147]]

that the person understands this subpart, agrees to comply with its 
provisions, and agrees to comply with all the provisions contained in 
the compliance agreement.\5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
this subpart. If the cancellation is oral, the cancellation and the 
reasons for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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.



Sec. 301.92-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
under Sec. 301.92-5(b) of this subpart) who desires to move a regulated 
article interstate accompanied by a certificate must notify an inspector 
\6\ as far in advance of the desired interstate movement as possible, 
but no less than 14 days before the desired interstate movement.
---------------------------------------------------------------------------

    \6\ See footnote 3 of this subpart.
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.92-8  Attachment and disposition of certificates.

    (a) A certificate required for the interstate movement of a 
regulated article must, at all times during the interstate movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate is attached to the consignee's copy of the waybill, the 
regulated article must be sufficiently described on the certificate and 
on the waybill to identify the regulated article.
    (b) The certificate for the interstate movement of a regulated 
article must be furnished by the carrier to the consignee listed on the 
certificate upon arrival at the location provided on the certificate.

(Approved by the Office of Management and Budget under control number 
0579-0191)



Sec. 301.92-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.



Sec. 301.92-10  Treatments.

    The following methods may be used to treat the regulated articles 
listed for Phytophthora ramorum:
    (a) Soil must be heated to a temperature of at least 180  deg.F for 
30 minutes in the presence of an inspector.
    (b) Wreaths, garlands, and greenery of arrowwood (Viburnum x 
bodnantense), big leaf maple (Acer macrophyllum), black oak (Quercus 
kelloggii), California bay laurel (Umbellularia californica), California 
buckeye (Aesculus californica), California coffeeberry (Rhamnus 
californica), California honeysuckle (Lonicera hispidula), coast live 
oak (Quercus agrifolia), huckleberry (Vaccinium ovatum), madrone 
(Arbutus menziesii), manzanita (Arctostaphylos manzanita), rhododendron

[[Page 148]]

(Rhododendron species, including azalea), Shreve's oak (Quercus parvula 
var. shrevei), tanoak (Lithocarpus densiflorus), and Toyon (Heteromeles 
arbutifolia) must be dipped for 1 hour in water that is held at a 
temperature of at least 160  deg.F.

[67 FR 6834, Feb. 14, 2002; 67 FR 13560, Mar. 25, 2002]



Sec. 301.92-11  Inspection and sampling protocol.

    (a) Annual nursery inspection and sampling. To meet the requirements 
of Sec. 301.92-5(a)(1)(iv) of this subpart, nurseries that ship 
regulated articles of nursery stock interstate must be inspected for 
symptoms of Phytophthora ramorum annually in accordance with this 
section.
    (1) If the nursery contains 100 or fewer regulated articles, an 
inspector will inspect each regulated article. If the nursery contains 
more than 100 regulated articles, an inspector will inspect 100 
regulated articles and at least 2 percent of the number of regulated 
articles contained in the nursery that exceeds 100. The regulated 
articles to inspected will be randomly selected from throughout the 
nursery.
    (2) If symptomatic plants are found upon inspection, the inspector 
must collect at least one sample per symptomatic plant.
    (3) If fewer than 40 symptomatic plants are found in a nursery 
during an annual inspection, the inspector must collect samples from 
nonsymptomatic regulated articles of nursery stock so that the total 
number of sampled plants is at least 40.
    (4) Samples must be labeled and sent for testing to a laboratory 
approved by APHIS.
    (5) If any regulated articles within a nursery are found to be 
infected with Phytophthora ramorum, the nursery will be prohibited from 
moving regulated articles interstate until such time as an inspector can 
determine that the nursery is free of Phytophthora ramorum.
    (b) Inspection and sampling of individual shipments. To meet the 
requirements of Sec. 301.92-5(a)(1)(iv) of this subpart, each shipment 
of regulated articles of nursery stock intended for interstate movement 
must be inspected for symptoms of Phytophthora ramorum in accordance 
with this section.
    (1) If a shipment contains 100 or fewer regulated articles, an 
inspector will inspect each regulated article. If a shipment contains 
more than 100 regulated articles, an inspector will inspect 100 
regulated articles and at least 2 percent of the number of regulated 
articles contained in the shipment that exceeds 100. The regulated 
articles to be inspected will be randomly selected.
    (2) If symptomatic plants are found upon inspection, the inspector 
will collect at least one sample per symptomatic plant, and one sample 
per regulated article of nursery stock that is in close proximity to, or 
that has had physical contact with a symptomatic plant.
    (3) Samples will be labeled and sent for testing to a laboratory 
approved by APHIS, and must be found free of Phytophthora ramorum prior 
to the interstate movement of any regulated articles contained in the 
shipment.
    (4) If any plants intended for interstate movement are found to be 
infected with Phytophthora ramorum, the nursery from which they 
originate will be prohibited from moving regulated articles interstate 
until such as time as an inspector can determine that the nursery is 
free of Phytophthora ramorum.



                       Subpart--Oriental Fruit Fly

    Source: 58 FR 8521, Feb. 16, 1993, unless otherwise noted.



Sec. 301.93  Restrictions on interstate movement of regulated articles.

    No person shall move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance, and to seize, quarantine, 
treat, apply other remedial measures to, destroy, or otherwise dispose 
of regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[58 FR 8521, Feb. 16, 1993, as amended at 66 FR 21053, Apr. 27, 2001]

[[Page 149]]



Sec. 301.93-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS or Service).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of Oriental fruit fly and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in growing, 
handling, or moving regulated articles, wherein the person agrees to 
comply with the provisions of this subpart.
    Core area. The 1 square mile area surrounding each property where 
Oriental fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of an Oriental fruit fly 
life cycle. Day degrees are the product of the following formula, with 
all temperatures measured in  deg.F:

[(Minimum Daily Temp + Maximum Daily Temp)/2]-54 deg.=Day Degrees

    Drip area. The area under the canopy of a plant.
    Infestation. The presence of the Oriental fruit fly or the existence 
of circumstances that make it reasonable to believe that the Oriental 
fruit fly is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person authorized by 
the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document, in which an inspector or person 
operating under a compliance agreement affirms that a specified 
regulated article is eligible for interstate movement in accordance with 
Sec. 301.93-5(b) of this subpart only to a specified destination and 
only in accordance with specified conditions.
    Moved (Move, Movement). Shipped, offered for shipment, received for 
transportation or transported, carried, or allowed to be moved, shipped, 
transported, or carried by any means.
    Oriental fruit fly. The insect known as Oriental fruit fly 
(Bactrocera dorsalis (Hendel)) in any stage of development.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.93-3(c) of this subpart.
    Regulated article. Any article listed in Sec. 301.93-2 of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec. 301.93-2(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.93-3(b) of this subpart.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory or possession of the United States.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]



Sec. 301.93-2  Regulated articles.

    The following are regulated articles:
    (a) The following fruits, nuts, vegetables, and berries:

    Akia (Wikstromeia phyllyraefolia)
    Alexander laurel (Calophyllum inophyllum)
    Apple (Malus sylvestris)
    Apricot (Prunus armeniaca)
    Avocado (Persea americana)
    Banana (Musa paradisiaca var. sapientum) (Musaxparadisiaca)
    Banana, dwarf (Musa nana)
    Barbados cherry (Malpighia glabra)
    Bell pepper (Capsicum annum)
    Brazil cherry (Eugenia dombeyi)
    Breadfruit (Artocarpus altilis)
    Cactus (Cereus coerulescens)
    Caimitillo (Chrysophyllum oliviforme)
    Cashew (Anacardium occidentale)
    Cherimoya (Anonna Cherimola)
    Cherry, Catalina (Prunus ilicifolia)
    Cherry, Portuguese (P. lusitanica)
    Chile (Capsicum annum)
    Coffee, Arabian (Coffea arabica)
    Country gooseberry (Averrhoa carambola)
    Cucumber (Cucumis sativas)
    Custard apple (Annona reticulata)
    Date palm (Phoenix dactylifera)
    Dragon tree (Dracena draco)
    Eggfruit tree (Pouteria campechiana)
    Elengi tree (Mimusops elengi)
    Fig (Ficus carica)
    Gourka (Garcinia celebica)

[[Page 150]]

    Granadilla, sweet (Passiflora ligularis)
    Grape (Vitis spp.)
    Grapefruit (Citrus paradisi)
    Guava (Psidium guajava), (P. littorale), (P. cattleianum)
    Imbu (Spondias tuberosa)
    Jackfruit (Artocarpus heterophyllus)
    Jerusalem cherry (Solanum pseudocapsicum)
    Kitembilla (Dovyalis hebecarpa)
    Kumquat (Fortunella japonica)
    Laurel (Calophyllum inophyllum)
    Lemon (Citrus limon)
    Lime, key or Mexican (Citrus aurantifolia)
    Lime, Persian (Citrus latifolia)
    Lime, sweet (Citrus limetioides)
    Longan (Euphoria longan)
    Loquat (Eriobotrya japonica)
    Lychee nut (Lychee chinensis)
    Malay apple (Eugenia malaccensis)
    Mammee apple (Mammea americana)
    Mandarin orange (Citrus reticulata) (tangerine)
    Mango (Mangifera indica)
    Mangosteen (Garcinia mangostana)
    Mock orange (Murraya exotica)
    Mulberry (Morus nigra)
    Myrtle, downy rose (Rhodomyrtus tomentosa)
    Natal plum (Crissa grandiflora)
    Nectarine (Prunus persica var. nectarina)
    Oleander, yellow (Thevetia peruviana)
    Orange, calamondin (Citrus reticulata x. fortunella)
    Orange, Chinese (Fortunella japonica)
    Orange, king (Citrus reticulata x. C. sinensis)
    Orange, sweet (Citrus sinensis)
    Orange, Unshu (Citrus reticulata var. Unshu)
    Oriental bush red pepper (Capsicum frutescens abbbreviatum)
    Otaheite apple (Spondias dulcis)
    Palm, syrup (Jubaea spectabilis)
    Papaya (Carica papaya)
    Passionflower (Passiflora edulis)
    Passionflower, softleaf (Passiflora mollissima)
    Passionfruit (Passiflora edulis) (yellow lilikoi)
    Peach (Prunus persica)
    Pear (Pyrus communis)
    Pepino (Solanum muricatum)
    Pepper, sweet (Capsicum frutescens var. grossum)
    Persimmon, Japanese (Diospyros kaki)
    Pineapple guava (Feijoa sellowiana)
    Plum (Prunus americana)
    Pomegranate (Punica granatum)
    Prickly pear (Opuntia megacantha) (Opuntia ficus indica)
    Prune (Prunus domestica)
    Pummelo (Citrus grandis)
    Quince (Cydonia oblonga)
    Rose apple (Eugenia jambos)
    Sandalwood (Santalum paniculatum)
    Sandalwood, white (Santalum album)
    Santol (Sandericum koetjape)
    Sapodilla (Manilkara zapota)
    Sapodilla, chiku (Manilkara zapota)
    Sapota, white (Casimiroa edulis)
    Seagrape (Coccoloba uvifera)
    Sour orange (Citrus aurantium)
    Soursop (Annona muricata)
    Star apple (Chryosophyllum cainito)
    Surinam cherry (Eugenia uniflora)
    Tomato (Lycopersicon esculentum)
    Tropical almond (Terminalia catappa) (Terminalia chebula)
    Velvet apple (Diospyros discolor)
    Walnut (Juglans hindsii)
    Walnut, English (Juglans regia)
    Wampi (Citrus lansium)
    West Indian cherry (Malpighia punicifolia)
    Ylang-Ylang (Cananga odorata)

    Any fruits, nuts, vegetables, or berries that are canned or dried or 
frozen below -17.8  deg.C. (0  deg.F.) are not regulated articles.
    (b) Soil within the drip area of plants that are producing or have 
produced the fruits, nuts, vegetables, or berries listed in paragraph 
(a) of this section.
    (c) Any other product, article, or means of conveyance not covered 
by paragraph (a) or (b) of this section that an inspector determines 
presents a risk of spread of the Oriental fruit fly and notifies the 
person in possession of it that the product, article, or means of 
conveyance is subject to the restrictions of this subpart.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993]



Sec. 301.93-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which the 
Oriental fruit fly has been found by an inspector, in which the 
Administrator has reason to believe that the Oriental fruit fly is 
present, or that the Administrator considers necessary to regulate 
because of its proximity to the Oriental fruit fly or its inseparability 
for quarantine enforcement purposes from localities in which the 
Oriental fruit fly has been found. Less than an entire State will be 
designated as a quarantined area only if the Administrator determines 
that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the

[[Page 151]]

interstate movement of regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the Oriental fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
the criteria specified in paragraph (a) of this section for listing 
quarantined areas. The Administrator will give written notice of this 
temporary designation to the owner or person in possession of the 
nonquarantined area; thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area will 
be added to the list in paragraph (c) of this section or the designation 
will be terminated by the Administrator or an inspector. The owner or 
person in possession of an area for which designation is terminated will 
be given notice of the termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas:

                               CALIFORNIA

    Los Angeles and San Bernardino Counties. That portion of Los Angeles 
and San Bernardino Counties in the Rancho Cucamonga area bounded by a 
line as follows: Beginning at the intersection of North Mills Avenue and 
Mount Baldy Road; then northeast and north along Mount Baldy Road to its 
intersection with Barrett Road; then east from the intersection of Mount 
Baldy Road and Barrett Road along an imaginary line to the Joe Elliot 
Tree Memorial; then southeast from the Joe Elliot Tree Memorial along an 
imaginary line to the north end of Etiwanda Avenue; then southeast and 
south along Etiwanda Avenue to State Highway 30; then west along State 
Highway 30 to Rochester Avenue; then south along Rochester Avenue to 
Baseline Road; then west along Baseline Road to Milliken Avenue; then 
south along Milliken Avenue to State Highway 66; then west along State 
Highway 66 to Haven Avenue; then south along Haven Avenue to 8th Street; 
then west along 8th Street to East 8th Street; then west along East 8th 
Street to West 8th Street; then west along West 8th Street to Central 
Avenue; then north along Central Avenue to State Highway 66; then west 
along State Highway 66 to North Mills Avenue; then north along North 
Mills Avenue to the point of beginning.

[58 FR 8521, Feb. 16, 1993, as amended at 60 FR 18728, Apr. 3, 1995; 62 
FR 45142, Aug. 26, 1997; 62 FR 47552, Sept. 10, 1997; 62 FR 53225, Oct. 
14, 1997; 63 FR 16878, Apr. 7, 1998; 64 FR 31964, June 15, 1999; 64 FR 
52214, Sept. 28, 1999; 64 FR 55812, Oct. 15, 1999; 65 FR 26488, May 8, 
2000; 66 FR 46366, Sept. 5, 2001; 66 FR 55068, Nov. 1, 2001; 67 FR 
62628, Oct. 8, 2002]



Sec. 301.93-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area only if moved under the following conditions: \2\
---------------------------------------------------------------------------

    \2\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.93-5 and 301.93-8 of this subpart;
    (b) Without a certificate or limited permit, if:
    (1) The regulated article originated outside of any quarantined area 
and is moved directly through (without stopping except for refueling, or 
for traffic conditions, such as traffic lights or stop signs) the 
quarantined area in an enclosed vehicle or is completely enclosed by a 
covering adequate to prevent access by Oriental fruit flies (such as 
canvas, plastic, or closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area.
    (c) Without a certificate or limited permit, if the regulated 
article is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a permit issued by the Administrator for the 
regulated article;
    (3) Under conditions specified on the permit and found by the 
Administrator to be adequate to prevent the spread of Oriental fruit 
fly; and

[[Page 152]]

    (4) With a tag or label bearing the number of the permit issued for 
the regulated article attached to the outside of the container of the 
regulated article or attached to the regulated article itself if not in 
a container.

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



Sec. 301.93-5  Issuance and cancellation of certificates and limited permits.

    (a) An inspector \3\ will issue a certificate for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \3\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories. 
Information concerning these offices may also be obtained from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (1) (i) The regulated article has been treated in accordance with 
Sec. 301.93-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, or treatment of 
the premises of origin in accordance with Sec. 301.93-10(c) of this 
subpart, the premises are free from Oriental fruit flies and the 
regulated article has not been exposed to Oriental fruit fly; or
    (iii) Based on inspection of the regulated article, it is free of 
Oriental fruit fly; and
    (2) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the Oriental 
fruit fly; and
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    (3) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, utilization, or processing (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the 
Oriental fruit fly because life stages of the Oriental fruit fly will be 
destroyed by the specified handling, utilization, or processing.
    (2) The regulated article is to be moved interstate in compliance 
with any additional conditions deemed necessary under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) \4\ to prevent the spread of the 
Oriental fruit fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for use for interstate movement 
of regulated articles may be issued by an inspector or person engaged in 
growing, handling, or moving regulated articles provided the person is 
operating under a compliance agreement. A person operating under a 
compliance agreement may execute a certificate for the interstate 
movement of a regulated article if an inspector has determined that the 
regulated article is otherwise eligible for a certificate in accordance 
with paragraph (a) of this section. A person operating under a 
compliance agreement may execute a limited permit for interstate 
movement of a regulated article when an inspector has determined that 
the regulated article is eligible for a limited permit in accordance 
with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn by an inspector orally or in writing, if the inspector 
determines that the holder of the certificate or limited permit has not 
complied with all conditions under this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal shall be confirmed in writing as 
promptly as circumstances allow. Any person whose certificate or limited 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within 10

[[Page 153]]

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 certificate or limited permit was wrongfully 
withdrawn. As promptly as circumstances allow, the Administrator will 
grant or deny the appeal, in writing, stating the reasons for the 
decision. A hearing will be held to resolve any conflict as to any 
material fact. Rules of practice concerning a hearing will be adopted by 
the Administrator.

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

[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994; 66 
FR 21053, Apr. 27, 2001]



Sec. 301.93-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement to facilitate the 
interstate movement of regulated articles under this subpart.\5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Animal and 
Plant Health Inspection Service, which are listed in telephone 
directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing by 
an inspector whenever the inspector finds that the person who has 
entered into the compliance agreement has failed to comply with this 
subpart. If the cancellation is oral, the cancellation and the reasons 
for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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 shall be adopted by the Administrator.

[58 FR 8521, Feb. 16, 1993, as amended at 59 FR 67609, Dec. 30, 1994]



Sec. 301.93-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.93-5(c)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector \6\ as far in advance of the desired 
interstate movement as possible (but no less than 48 hours before the 
desired interstate movement).
---------------------------------------------------------------------------

    \6\ See footnote 3 at Sec. 301.93-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.93-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, at all times during the interstate 
movement, must be attached to the outside of the container containing 
the regulated article, attached to the regulated article itself if not 
in a container, or attached to the consignee's copy of the accompanying 
waybill: Provided however, That the requirements of this section may be 
met by attaching the certificate or limited permit to the consignee's 
copy of the waybill only if the regulated article is sufficiently 
described on the certificate, limited permit, or waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

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



Sec. 301.93-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without

[[Page 154]]

cost. The user will be responsible for all costs and charges arising 
from inspection and other services provided outside of normal business 
hours.



Sec. 301.93-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the Oriental fruit fly are approved for use 
on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments can be used for bell pepper, citrus and grape, 
tomato, premises, and soil:
    (a) Fruits and vegetables \7\--(1) Bell Pepper--(i) Vapor Heat. Heat 
by saturated water vapor at 44.4  deg.C. (112  deg.F.) until approximate 
center of bell pepper reaches 44.4  deg.C (112  deg.F.). Maintain at 
44.4  deg.C. (112  deg.F.) for 8\3/4\ hours, then immediately cool.
---------------------------------------------------------------------------

    \7\ Some varieties of fruit may be injured by approved treatments. 
The USDA is not liable for damages caused by this quarantine. 
Commodities should be tested by the shipper to determine each 
commodity's tolerance before commercial shipments are attempted.
---------------------------------------------------------------------------

    (2) Citrus and grapes--(i) Fumigation plus refrigeration. Fumigate 
at normal atmospheric pressure (chamber or tarpaulin, load not to exceed 
80%) with 32 g/m\3\ methyl bromide at 21  deg.C. (70  deg.F.) or above, 
minimum gas concentrations 25 g/m\3\ at \1/2\ hour, 18 g/m\3\ at 2 or 
2\1/2\ hours, 17 g/m\3\ at 3 hours. Fumigate for a minimum of 2 hours. 
Then, aerate fruit at least 2 hours before refrigeration (but begin 
refrigeration no more than 24 hours after fumigation is completed). 
Refrigerate based upon fumigation exposure time listed in the table 
below:

------------------------------------------------------------------------
                                              Refrigeration
    Fumigation exposure time    ----------------------------------------
                                   Days             Temperature
------------------------------------------------------------------------
2 hours........................        4  0.55-2.7  deg.C. (33-37
                                           deg.F.)
                                      11  3.33-8.3  deg.C. (38-47
                                           deg.F.)
2\1/2\ hours...................        4  1.11-4.44  deg.C. (34-40
                                           deg.F.)
                                       6  5.0-8.33  deg.C. (41-47
                                           deg.F.)
                                      10  8.88-13.33  deg.C. (48-56
                                           deg.F.)
3 hours........................        3  6.11-8.33  deg.C. (43-47
                                           deg.F.)
                                       6  9.88-13.33  deg.C. (48-56
                                           deg.F.)
------------------------------------------------------------------------

    (ii) Refrigeration plus fumigation. Refrigerate for 21 days at 0.55 
deg.C. (33  deg.F.) or below, then fumigate at normal atmospheric 
pressure (chamber or tarpaulin, load not to exceed 80%) with--
    (A) 48 g/m\3\ (3 lb/1000 ft\3\) methyl bromide for 2 hours at 4.5 
deg.C. (40-59  deg.F.), minimum gas concentration 44 g/m\3\ at \1/2\ 
hour, 36 g/m\3\ at 2 hours; or
    (B) 40 g/m\3\ (2\1/2\ lb/1000 ft\3\) methyl bromide for 2 hours at 
15.5-20.5  deg.C. (60-69  deg.F.), minimum gas concentration 36 g/m\3\ 
at \1/2\ hour, 28 g/m\3\ at 2 hours; or
    (C) 32 g/m\3\ (2 lb/1000 ft\3\) methyl bromide for 2 hours at 21-26 
deg.C. (70-79  deg.F.), minimum gas concentration 30 g/m\3\ at \1/2\ 
hour, 25 g/m\3\ at 2 hours.
    (3) Tomato--(i) Fumigation. Fumigate with methyl bromide at normal 
atmospheric pressure (chamber or tarpaulin, load not to exceed 80%) with 
32g/m\3\ (2 lb/1000 ft\3\) for 3\1/2\ hours at 21  deg.C. (70  deg.F.) 
or above, minimum gas concentration 26 g/m\3\ at \1/2\ hour, 14 g/m\3\ 
at 4 hours.
    (ii) Vapor heat. Heat by saturated water vapor at 44.4  deg.C. (112 
deg.F.) until approximate center of tomato reaches 44.4  deg.C. (112 
deg.F.). Maintain at 44.4  deg.C. (112  deg.F.) for 8\3/4\ hours, then 
immediately cool.
    (b) Premises. A field, grove, or area that is located within the 
quarantined area but outside the infested core area, and that produces 
regulated articles, must receive regular treatments with malathion bait 
spray. These treatments must take place at 6- to 10-day intervals, 
starting a sufficient time before harvest (but not less than 30 days 
before harvest) to allow for completion of egg and larvae development of 
the Oriental Fruit Fly. Determination of the time period must be based 
on the day degrees model for Oriental fruit fly. Once treatment has 
begun, it must continue through the harvest period. The malathion bait 
spray treatment must be applied by aircraft or ground equipment at a 
rate of 2.4 ounces of technical grade malathion and 9.6 ounces of 
protein hydrolysate per acre.
    (c) Soil. Soil within the drip area of plants which are producing or 
have produced the fruits, nuts, vegetables, and berries listed in 
Sec. 301.93-2(a) of this subpart: Apply diazinon at the rate of 5 pounds 
active ingredient per acre to the soil within the drip area with 
sufficient water to wet the soil to at least a depth of \1/2\ inch. Both 
immersion and

[[Page 155]]

pour-on treatment procedures are also acceptable.

[58 FR 8521, Feb. 16, 1993; 58 FR 29028, May 18, 1993; 67 FR 8465, Feb. 
25, 2002]



                        Subpart--Melon Fruit Fly

    Source: 65 FR 8636, Feb. 22, 2000, unless otherwise noted.



Sec. 301.97  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart. \1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, quarantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles as provided in sections 414, 421, and 434 of the 
Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).

[65 FR 8636, Feb. 22, 2000, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.97-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of melon fruit fly and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with this subpart.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.97-4(d) of this subpart.
    Dripline. The line around the canopy of a plant.
    Infestation. The presence of the melon fruit fly or the existence of 
circumstances that makes it reasonable to believe that the melon fruit 
fly is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person authorized by 
the Administrator to enforce this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.97-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Melon fruit fly. The insect known as the melon fruit fly, Bactrocera 
cucurbitae (Coquillett), in any stage of development.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.97-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.97-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.97-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.97-2(e).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 301.97-2  Regulated articles.

    The following are regulated articles:

[[Page 156]]

    (a) Melon fruit flies.\2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
melon fruit flies are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) The following fruits and vegetables:

Apple (Malus sylvestris)
Apple, custard (Annona reticulata)
Avocado (Persea americana)
Bean, hyacinth (Dolichos lablab)
Bean, lima (Phaseolus lunatus = Phaseolus limensis)
Bean, mung (Phaseolus vulgaris)
Cantaloupe (Cucumis melo and Cucumis melo var. Cantalupensis)
Cauliflower (Brassica oleracea var. botrytis)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cowpea (Vigna unguiculata)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes sp.)
Cucurbit (Cucumis pubescens and Cucumis trigonus)
Date palm (Phoenix dactylifera)
Eggplant (Solanum melongena)
Fig (Ficus carica)
Gourds
    (Coccinia spp.)
    (Cresentia spp.)
    (Lagenaria spp.)
    (Luffa spp.)
    (Momordica spp.)
    (Trichosanthis spp.)
Grape (Vitis trifolia)
Guava (Psidium guajava)
Guava, cattley (Psidium cattlelanum)
Lemon, water (Passiflora laurifolia)
Mango (Mangifera indica)
Melon (Citrullus spp.)
Melon, Chinese (Benincasa hispida)
Melon, oriental pickling (Cucumis melo var. conomon)
Mustard, leaf (Brassica juncea)
Okra (Hibiscus esculentus)
Orange, king (Citrus nobilis)
Orange, mandarin (Citrus reticulata)
Orange, sweet (Citrus sinensis)
Papaya (Carica papaya)
Passion fruit (Passiflora edulis)
Peach (Prunus persica)
Pear (Pyrus communis)
Pepper (Capsicum annum)
Pepper, chile (Capsicum annum)
Pepper, tobasco (Capsicum frutescens)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Scarlet wisteria tree (Sesbania grandiflora)
Soursop (Annona muricata)
Squash (Cucurbita maxima)
Tomato (Lycopersicon esculentum)
Tomato, tree (Cyphomandra betaceae)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    Any fruits or vegetables that are canned or dried or frozen below -
17.8  deg.C. (0  deg.F.) are not regulated articles.
    (c) Soil within the dripline of plants that are producing or have 
produced the fruits or vegetables listed in paragraph (b) of this 
section.
    (d) Plants of the following species in the family Cucurbitaceae:

Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyos sp.)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourd, angled luffa (Luffa acutangula)
Gourd, balsam apple (Momordica balsaminia)
Gourd, ivy (Coccinia grandis)
Gourd, kakari (Momordica dioica)
Gourd, serpent cucumber (Trichosanthis anguina)
Gourd, snake (Trichosanthis cucumeroides)
Gourd, sponge (Luffa aegyptiaca)
Gourd, white flowered (Lagenaria siceraria)
Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    (e) Any other product, article, or means of conveyance not listed in 
paragraphs (a) through (d) of this section that an inspector determines 
presents a risk of spreading the melon fruit fly, when the inspector 
notifies the person in possession of the product, article, or means of 
conveyance that it is subject to the restrictions of this subpart.



Sec. 301.97-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which the melon 
fruit fly has been found by an inspector, in which the Administrator has 
reason to believe that the melon fruit fly is present, or that the 
Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which the melon fruit fly has been found. Less than an entire State will 
be designated as a quarantined area only if the Administrator determines 
that:

[[Page 157]]

    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the melon fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the nonquarantined 
area. Thereafter, the interstate movement of any regulated article from 
an area temporarily designated as a quarantined area will be subject to 
this subpart. As soon as practicable, this area will be added to the 
list in paragraph (c) of this section or the designation will be 
terminated by the Administrator or an inspector. The owner or person in 
possession of an area for which designation is terminated will be given 
notice of the termination as soon as practicable.
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
melon fruit fly.

[65 FR 8636, Feb. 22, 2000, as amended at 65 FR 39780, June 28, 2000]



Sec. 301.97-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \3\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.97-5 and 301.97-8 of this subpart;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by melon fruit flies (such as 
canvas, plastic, or other closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill.
    (c) Without a certificate or limited permit if:
    (1) The regulated article originated outside any quarantined area 
and is moved through (without stopping except for refueling or for 
traffic conditions, such as traffic lights or stop signs) the 
quarantined area in an enclosed vehicle or is completely enclosed by a 
covering adequate to prevent access by melon fruit flies (such as 
canvas, plastic, or other closely woven cloth) while moving through the 
quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area.
    (d) Without a certificate or limited permit if the regulated article 
is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a Departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of the melon 
fruit fly; and
    (4) With a tag or label bearing the number of the Departmental 
permit issued for the regulated article attached to the outside of the 
container of the regulated article or attached to the regulated article 
itself if not in a container.

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

[[Page 158]]



Sec. 301.97-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate may be issued by an inspector \4\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \4\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directories. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Invasive Species and Pest 
Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.97-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, the premises are 
free from the melon fruit fly; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of melon fruit flies; and
    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or will be completely enclosed by a covering 
adequate to prevent access by the melon fruit fly; and
    (3) The regulated article is to be moved in compliance with any 
additional conditions deemed necessary under section 414 of the Plant 
Protection Act (7 U.S.C. 7714) \5\ to prevent spread of the melon fruit 
fly; and
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector \6\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \6\ See footnote 4 to Sec. 301.97-5(a).
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the melon 
fruit fly because life stages of the melon fruit fly will be destroyed 
by the specified handling, processing, or utilization;
    (2) The regulated article is to be moved in compliance with any 
additional conditions the Administrator may impose under section 414 of 
the Plant Protection Act (7 U.S.C. 7714) to prevent the spread of the 
melon fruit fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for the interstate movement of 
regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is eligible for a certificate in accordance with paragraph (a) 
of this section. A person operating under a compliance agreement may 
issue a limited permit for interstate movement of a regulated article 
when an inspector has determined that the regulated article is eligible 
for a limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all conditions in this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal will be confirmed in writing as 
promptly as circumstances allow. Any person whose certificate or limited 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within 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 certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator

[[Page 159]]

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.

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

[65 FR 8636, Feb. 22, 2000, as amended at 66 FR 21053, Apr. 27, 2001]



Sec. 301.97-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart and agrees to comply 
with its provisions.\7\
---------------------------------------------------------------------------

    \7\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
this subpart. If the cancellation is oral, the cancellation and the 
reasons for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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.



Sec. 301.97-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.97-5(c)) who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector \8\ as far in advance of the desired 
interstate movement as possible, but no less than 48 hours before the 
desired interstate movement.
---------------------------------------------------------------------------

    \8\ See footnote 4 to Sec. 301.97-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.97-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article, or
    (2) Attached to the regulated article itself if not in a container, 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate or limited permit is attached to the consignee's copy of 
the waybill, the regulated article must be sufficiently described on the 
certificate or limited permit and on the waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee at 
the destination of the regulated article.

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



Sec. 301.97-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.

[[Page 160]]



Sec. 301.97-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the melon fruit fly are authorized for use 
on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments also may be used for the regulated articles 
indicated:
    (a) Soil within the dripline of plants that are producing or have 
produced the fruits and vegetables listed in Sec. 301.97-2(a) of this 
subpart. Apply diazinon at the rate of 5 pounds active ingredient per 
acre to the soil within the dripline with sufficient water to wet the 
soil to at least a depth of \1/2\ inch.
    (b) [Reserved]

[65 FR 8636, Feb. 22, 2000, as amended at 67 FR 8465, Feb. 25, 2002]



                     Subpart--West Indian Fruit Fly

    Source: 66 FR 6433, Jan. 22, 2001, unless otherwise noted.



Sec. 301.98  Restrictions on interstate movement of regulated articles.

    No person may move interstate from any quarantined area any 
regulated article except in accordance with this subpart.\1\
---------------------------------------------------------------------------

    \1\ Any properly identified inspector is authorized to stop and 
inspect persons and means of conveyance and to seize, quarantine, treat, 
apply other remedial measures to, destroy, or otherwise dispose of 
regulated articles as provided in section 414 of the Plant Protection 
Act (Title IV, Pub. L. 106-224, 114 Stat. 444, 7 U.S.C. 7714).
---------------------------------------------------------------------------



Sec. 301.98-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the United States Department of 
Agriculture.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of West Indian fruit fly and may be moved interstate to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, wherein the 
person agrees to comply with this subpart.
    Core area. The 1-square-mile area surrounding each property where 
West Indian fruit fly has been detected.
    Day degrees. A mathematical construct combining average temperature 
over time that is used to calculate the length of a West Indian fruit 
fly life cycle. Day degrees are the product of the following formula, 
with all temperatures measured in  deg.F: (Minimum Daily Temp+ Maximum 
Daily Temp)/2)-59 deg.=Day Degrees.
    Departmental permit. A document issued by the Administrator in which 
he or she affirms that interstate movement of the regulated article 
identified on the document is for scientific or experimental purposes 
and that the regulated article is eligible for interstate movement in 
accordance with Sec. 301.98-4(c) of this subpart.
    Dripline. The line around the canopy of a plant.
    Infestation. The presence of the West Indian fruit fly or the 
existence of circumstances that makes it reasonable to believe that the 
West Indian fruit fly is present.
    Inspector. Any employee of the APHIS, U.S. Department of 
Agriculture, or other person authorized by the Administrator to perform 
the duties required under this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or person operating 
under a compliance agreement affirms that the regulated article 
identified on the document is eligible for interstate movement in 
accordance with Sec. 301.98-5(b) of this subpart only to a specified 
destination and only in accordance with specified conditions.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint

[[Page 161]]

stock company, partnership, society, or other entity.
    Plant Protection and Quarantine. Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, United States Department of 
Agriculture.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec. 301.98-3(c) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec. 301.98-3(b) of this subpart.
    Regulated article. Any article listed in Sec. 301.98-2 or otherwise 
designated as a regulated article in accordance with Sec. 301.98-2(d).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.

[66 FR 6433, Jan. 22, 2001; 66 FR 20186, Apr. 20, 2001]



Sec. 301.98-2  Regulated articles.

    The following are regulated articles:
    (a) West Indian fruit flies.\2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
West Indian fruit flies are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b)(1) The following fruits and vegetables:
Barbados cherry (Malpighia glabra)
Carambola (Averrhoa carambola)
Grapefruit (Citrus paradisi)
Granadilla, giant (Passiflora quadrangularis)
Guava (Psidium guajava)
Guava, strawberry (Psidium littorale)
Hog-plum (Spondias mombin)
Japanese plum (Prunus salicina)
Jew plum (Spondias cytherea)
Ketembilla (Dovyalis hebecarpa)
Lime, sweet (Citrus aurantifolia)
Loquat (Eriobotrya japonica)
Malay-apple (Syzygium malaccense)
Mango (Mangifera indica)
Orange, sour (Citrus aurantium)
Orange, sweet (Citrus sinensis)
Passion fruit (Passiflora edulis)
Peach (Prunus persica)
Pear (Pyrus communis)
Ram[oacute]n (Brosimum alicastrum)
Red mombin (Spondias purpurea)
Rose-apple (Syzygium jambos)
Sapodilla (Manilkara zapota)
Sapote (Diospyros spp.)
    (2) Any fruits or vegetables that are canned or dried or frozen 
below -17.8  deg.C. (0  deg.F.) are not regulated articles.
    (c) Soil within the dripline of plants that are producing or have 
produced the fruits or vegetables listed in paragraph (b) of this 
section.
    (d) Any other product, article, or means of conveyance not listed in 
paragraphs (a) through (c) of this section that an inspector determines 
presents a risk of spreading the West Indian fruit fly, when the 
inspector notifies the person in possession of the product, article, or 
means of conveyance that it is subject to the restrictions of this 
subpart.



Sec. 301.98-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State, or each portion of a State, in which the West 
Indian fruit fly has been found by an inspector, in which the 
Administrator has reason to believe that the West Indian fruit fly is 
present, or that the Administrator considers necessary to quarantine 
because of its inseparability for quarantine enforcement purposes from 
localities in which the West Indian fruit fly has been found. Less than 
an entire State will be designated as a quarantined area only if the 
Administrator determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated articles that are substantially the 
same as those imposed by this subpart on the interstate movement of 
regulated articles; and
    (2) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of the West Indian fruit fly.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a) of this section. The Administrator will give a copy of 
this regulation along with a written notice for the temporary 
designation to the owner or person in possession of the

[[Page 162]]

nonquarantined area. Thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area will be subject to this subpart. As soon as practicable, this area 
will be added to the list in paragraph (c) of this section or the 
designation will be terminated by the Administrator or an inspector. The 
owner or person in possession of an area for which designation is 
terminated will be given notice of the termination as soon as 
practicable.
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
West Indian fruit fly.

[66 FR 6433, Jan. 22, 2001, as amended at 66 FR 33632, June 25, 2001]



Sec. 301.98-4  Conditions governing the interstate movement of regulated articles from quarantined areas.

    Any regulated article may be moved interstate from a quarantined 
area \3\ only if moved under the following conditions:
---------------------------------------------------------------------------

    \3\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (a) With a certificate or limited permit issued and attached in 
accordance with Secs. 301.98-5 and 301.98-8 of this subpart;
    (b) Without a certificate or limited permit if:
    (1) The regulated article originated outside the quarantined area 
and is either moved in an enclosed vehicle or is completely enclosed by 
a covering adequate to prevent access by West Indian fruit flies (such 
as canvas, plastic, or other closely woven cloth) while moving through 
the quarantined area; and
    (2) The point of origin of the regulated article is indicated on the 
waybill, and the enclosed vehicle or the enclosure that contains the 
regulated article is not opened, unpacked, or unloaded in the 
quarantined area; and
    (3) The regulated article is moved through the quarantined area 
without stopping except for refueling or for traffic conditions, such as 
traffic lights or stop signs.
    (c) Without a certificate or limited permit if the regulated article 
is moved:
    (1) By the United States Department of Agriculture for experimental 
or scientific purposes;
    (2) Pursuant to a Departmental permit issued by the Administrator 
for the regulated article;
    (3) Under conditions specified on the Departmental permit and found 
by the Administrator to be adequate to prevent the spread of the West 
Indian fruit fly; and
    (4) With a tag or label bearing the number of the Departmental 
permit issued for the regulated article attached to the outside of the 
container of the regulated article or attached to the regulated article 
itself if not in a container.

(Approved by the Office of Management and Budget under control number 
0579-0170)



Sec. 301.98-5  Issuance and cancellation of certificates and limited permits.

    (a) A certificate may be issued by an inspector \4\ for the 
interstate movement of a regulated article if the inspector determines 
that:
---------------------------------------------------------------------------

    \4\ Services of an inspector may be requested by contacting local 
offices of Plant Protection and Quarantine, which are listed in 
telephone directors. The addresses and telephone numbers of local 
offices may also be obtained from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Invasive Species and Pest 
Management, 4700 River Road Unit 134, Riverdale, MD 20737-1236, or the 
APHIS web site at http://www.aphis.usda.gov/travel/aqui.html.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec. 301.98-10 of this subpart; or
    (ii) Based on inspection of the premises of origin, the premises are 
free from the West Indian fruit fly; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of West Indian fruit flies; and
    (2) The regulated article will be moved through the quarantined area 
in an enclosed vehicle or will be completely enclosed by a covering 
adequate to prevent access by the West Indian fruit fly; and

[[Page 163]]

    (3) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (Title IV, Pub. L. 106-224, 114 
Stat. 444, 7 U.S.C. 7714) \5\ to prevent the spread of the West Indian 
fruit fly; and
---------------------------------------------------------------------------

    \5\ Section 414 of the Plant Protectin Act (Title IV, Pub. L. 106-
224, 114 Stat. 444, 7 U.S.C. 7714) provides that the Secretary of 
Agriculture may, under certain conditions, hold, seize, quarantine, 
treat, apply other remedial measures to destroy or otherwise dispose of 
any plant, plant pest, plant product, article, or means of conveyance 
that is moving, or has moved into or through the United States or 
interstate if the Secretary has reason to believe the article is a plant 
pest or is infested with a plant pest at the time of movement.
---------------------------------------------------------------------------

    (4) The regulated article is eligible for unrestricted movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (b) An inspector \6\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \6\ See footnote 4 to Sec. 301.98-5(a).
---------------------------------------------------------------------------

    (1) The regulated article is to be moved interstate to a specified 
destination for specified handling, processing, or utilization (the 
destination and other conditions to be listed in the limited permit), 
and this interstate movement will not result in the spread of the West 
Indian fruit fly because life stages of the West Indian fruit fly will 
be destroyed by the specified handling, processing, or utilization;
    (2) The regulated article is to be moved in compliance with any 
additional emergency conditions the Administrator may impose under 
section 414 of the Plant Protection Act (Title IV, Pub. L. 106-224, 114 
Stat. 444, 7 U.S.C. 7714) to prevent the spread of the West Indian fruit 
fly; and
    (3) The regulated article is eligible for interstate movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the regulated article.
    (c) Certificates and limited permits for the interstate movement of 
regulated articles may be issued by an inspector or person operating 
under a compliance agreement. A person operating under a compliance 
agreement may issue a certificate for the interstate movement of a 
regulated article if an inspector has determined that the regulated 
article is eligible for a certificate in accordance with paragraph (a) 
of this section. A person operating under a compliance agreement may 
issue a limited permit for interstate movement of a regulated article 
when an inspector has determined that the regulated article is eligible 
for a limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
withdrawn, either orally or in writing, by an inspector if he or she 
determines that the holder of the certificate or limited permit has not 
complied with all conditions in this subpart for the use of the 
certificate or limited permit. If the withdrawal is oral, the withdrawal 
and the reasons for the withdrawal will be confirmed in writing as 
promptly as circumstances allow. Any person whose certificate or limited 
permit has been withdrawn may appeal the decision in writing to the 
Administrator within 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 certificate or limited permit 
was wrongfully withdrawn. As promptly as circumstances allow, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision. A hearing will be held to resolve any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.

(Approved by the Office of Management and Budget under control number 
0579-0170)



Sec. 301.98-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, handling, or moving regulated 
articles may enter into a compliance agreement when an inspector 
determines that the person understands this subpart, agrees to comply 
with its provisions, and agrees to comply with all

[[Page 164]]

the provisions contained in the compliance agreement.\7\
---------------------------------------------------------------------------

    \7\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Invasive Species and Pest Management, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled, either orally or in 
writing, by an inspector whenever the inspector finds that the person 
who has entered into the compliance agreement has failed to comply with 
this subpart. If the cancellation is oral, the cancellation and the 
reasons for the cancellation will be confirmed in writing as promptly as 
circumstances allow. Any person whose compliance agreement has been 
canceled 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 canceled. 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.



Sec. 301.98-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec. 301.98-5(c)) who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector \8\ as far in advance of the desired 
interstate movement as possible, but no less than 48 hours before the 
desired interstate movement.
---------------------------------------------------------------------------

    \8\ See footnote 4 to Sec. 301.98-5(a).
---------------------------------------------------------------------------

    (b) The regulated article must be assembled at the place and in the 
manner the inspector designates as necessary to comply with this 
subpart.



Sec. 301.98-8  Attachment and disposition of certificates and limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article must, at all times during the interstate 
movement, be:
    (1) Attached to the outside of the container containing the 
regulated article; or
    (2) Attached to the regulated article itself if not in a container; 
or
    (3) Attached to the consignee's copy of the accompanying waybill. If 
the certificate or limited permit is attached to the consignee's copy of 
the waybill, the regulated article must be sufficiently described on the 
certificate or limited permit and on the waybill to identify the 
regulated article.
    (b) The certificate or limited permit for the interstate movement of 
a regulated article must be furnished by the carrier to the consignee 
listed on the certificate or limited permit upon arrival at the location 
provided on the certificate or limited permit.

(Approved by the Office of Management and Budget under control number 
0579-0170)



Sec. 301.98-9  Costs and charges.

    The services of the inspector during normal business hours (8 a.m. 
to 4:30 p.m., Monday through Friday, except holidays) will be furnished 
without cost. The user will be responsible for all costs and charges 
arising from inspection and other services provided outside normal 
business hours.



Sec. 301.98-10  Treatments.

    Treatment schedules listed in the Plant Protection and Quarantine 
Treatment Manual to destroy the West Indian fruit fly are authorized for 
use on regulated articles. The Plant Protection and Quarantine Treatment 
Manual is incorporated by reference at Sec. 300.1 of this chapter. The 
following treatments also may be used for the regulated articles 
indicated:
    (a) Soil within the dripline of plants that are producing or have 
produced the fruits and vegetables listed in Sec. 301.98-2(a) of this 
subpart. Apply diazinon at the rate of 5 pounds active ingredient per 
acre to the soil within the dripline with sufficient water to wet the 
soil to at least a depth of \1/2\ inch.
    (b) Premises. Fields, groves, or areas that are located within a 
quarantined area but outside the infested core area and that produce 
regulated articles may receive regular treatments with

[[Page 165]]

either malathion or spinosad bait spray as an alternative to treating 
fruits and vegetables as provided in the Plant Protection and Quarantine 
Treatment Manual. These treatments must take place at 6- to 10-day 
intervals, starting a sufficient time before harvest (but not less than 
30 days before harvest) to allow for development of West Indian fruit 
fly egg and larvae. Determination of the time period must be based on 
the day degrees model for West Indian fruit fly. Once treatment has 
begun, it must continue through the harvest period. The malathion bait 
spray treatment must be applied by aircraft or ground equipment at a 
rate of 2.4 oz of technical grade malathion and 9.6 oz of protein 
hydrolysate per acre. The spinosad bait spray treatment must be applied 
by aircraft or ground equipment at a rate of 0.01 oz of a USDA-approved 
spinosad formulation and 48 oz of protein hydrolysate per acre. For 
ground applications, the mixture may be diluted with water to improve 
coverage.

[66 FR 6433, Jan. 22, 2001, as amended at 67 FR 8465, Feb. 25, 2002]



PART 302--DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS--Table of Contents




Sec.
302.1   Definitions.
Sec. 302.2   Movement of plants and plant products.

    Authority: 7 U.S.C. 7712, 7714, 7715, 7731, 7732, 7735, 7736, 7745, 
and 7754-7756; 7 CFR 2.22, 2.80, and 371.3.

    Source: 66 FR 1016, Jan. 5, 2001, unless otherwise noted.



Sec. 302.1  Definitions.

    Inspector. Any employee of the Animal and Plant Health Inspection 
Service or other person authorized by the Administrator to inspect and 
certify the plant health status of plants and products under this part.
    Interstate. From any State into or through any other State.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec. 302.2  Movement of plants and plant products.

    Inspection or documentation of the plant health status of plants or 
plant products to be moved interstate from the District of Columbia may 
be obtained by contacting the State Plant Health Director, Plant 
Protection and Quarantine, APHIS, Wayne A. Cawley, Jr. Building, Room 
350, 50 Harry S. Truman Parkway, Annapolis, MD 21401-7080; phone: (410) 
224-3452; fax: (410) 224-1142.

[66 FR 54641, Oct. 30, 2001]



PART 305--PHYTOSANITARY TREATMENTS--Table of Contents




Sec.
305.1  Definitions.
305.2  Irradiation treatment of imported fruits and vegetables for 
          certain fruit flies and mango seed weevils.

    Authority: 7 U.S.C. 7701-7772; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 
2.80, and 371.3.

    Source: 67 FR 65026, Oct. 23, 2002, unless otherwise noted.



Sec. 305.1  Definitions.

    The following definitions apply for the purposes of this part:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, United States Department of Agriculture, or any person 
delegated to act for the Administrator in matters affecting this part.
    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Dose mapping. Measurement of absorbed-dose within a process load 
using dosimeters placed at specified locations to produce a one-, two-, 
or three-dimensional distribution of absorbed dose, thus rendering a map 
of absorbed-dose values.
    Dosimeter. A device that, when irradiated, exhibits a quantifiable 
change in some property of the device that can be related to absorbed 
dose in a given material using appropriate analytical instrumentation 
and techniques.
    Dosimetry system. A system used for determining absorbed dose, 
consisting of dosimeters, measurement instruments and their associated 
reference

[[Page 166]]

standards, and procedures for the system's use.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service or other person authorized by the Administrator to inspect and 
certify the plant health status of plants and products under this part.



Sec. 305.2  Irradiation treatment of imported fruits and vegetables for certain fruit flies and mango seed weevils.

    (a) Approved doses. Irradiation at the following doses for the 
specified fruit flies and seed weevils, carried out in accordance with 
the provisions of this section, is approved as a treatment for all 
fruits and vegetables:

   Irradiation for Fruit Flies and Seed Weevils in Imported Fruits and
                               Vegetables
------------------------------------------------------------------------
        Scientific name                Common name          Dose (gray)
------------------------------------------------------------------------
(1) Bactrocera dorsalis........  Oriental fruit fly.....             250
(2) Ceratitis capitata.........  Mediterranean fruit fly             225
(3) Bactrocera cucurbitae......  Melon fly..............             210
(4) Anastrepha fraterculus.....  South American fruit                150
                                  fly.
(5) Anastrepha suspensa........  Caribbean fruit fly....             150
(6) Anastrepha ludens..........  Mexican fruit fly......             150
(7) Anastrepha obliqua.........  West Indian fruit fly..             150
(8) Anastrepha serpentina......  Sapote fruit fly.......             150
(9) Bactrocera tryoni..........  Queensland fruit fly...             150
(10) Bactrocera jarvisi........  (No common name).......             150
(11) Bactrocera latifrons......  Malaysian fruit fly....             150
(12) Sternochetus mangiferae     Mango seed weevil......             300
 (Fabricus).
------------------------------------------------------------------------

    (b) Location of facilities. Where certified irradiation facilities 
are available, an approved irradiation treatment may be conducted for 
any fruit or vegetable either prior to shipment to the United States or 
in the United States. Irradiation facilities certified under this 
section may be located in any State on the mainland United States except 
Alabama, Arizona, California, Florida, Georgia\1\, Kentucky, Louisiana, 
Mississippi\1\, Nevada, New Mexico, North Carolina\1\, South Carolina, 
Tennessee, Texas, and Virginia. Prior to treatment, the fruits and 
vegetables to be irradiated may not move into or through any of the 
States listed in this paragraph, except that movement is allowed through 
Dallas/Fort Worth, Texas, as an authorized stop for air cargo, or as a 
transloading location for shipments that arrive by air but that are 
subsequently transloaded into trucks for overland movement from Dallas/
Fort Worth into an authorized State by the shortest route.
---------------------------------------------------------------------------

    \1\ Irradiation facilities may be located at the maritime ports of 
Gulfport, MS, or Wilmington, NC, or the airport of Atlanta, GA, if the 
following special conditions are met: The articles to be irradiated must 
be imported packaged in accordance with paragraph (g)(2)(i)(A) of this 
section; the irradiation facility and APHIS must agree in advance on the 
route by which shipments are allowed to move between the vessel on which 
they arrive and the irradiation facility; untreated articles may not be 
removed from their packaging prior to treatment under any circumstances; 
blacklight or sticky paper must be used within the irradiation facility, 
and other trapping methods, including Jackson/methyl eugenol and McPhail 
traps, must be used within the 4 square miles surrounding the facility; 
and the facility must have contingency plans, approved by APHIS, for 
safely destroying or disposing of fruit.
---------------------------------------------------------------------------

    (c) Compliance agreement with importers and facility operators for 
irradiation in the United States. If irradiation is conducted in the 
United States, both the importer and the operator of the irradiation 
facility must sign compliance agreements with the Administrator. In the 
facility compliance agreement, the facility operator must agree to 
comply with any additional requirements found necessary by the 
Administrator to prevent the escape, prior to irradiation, of any fruit 
flies that may be associated with the articles to be irradiated. In the 
importer compliance agreement, the importer must agree to comply with 
any additional requirements found necessary by the Administrator to 
ensure the shipment is not diverted to a destination

[[Page 167]]

other than treatment and to prevent escape of plant pests from the 
articles to be irradiated during their transit from the port of first 
arrival to the irradiation facility in the United States.
    (d) Compliance agreement with irradiation facilities outside the 
United States. If irradiation is conducted outside the United States, 
the operator of the irradiation facility must sign a compliance 
agreement with the Administrator and the plant protection service of the 
country in which the facility is located. In this agreement, the 
facility operator must agree to comply with the requirements of this 
section, and the plant protection service of the country in which the 
facility is located must agree to monitor that compliance and to inform 
the Administrator of any noncompliance.
    (e) Certified facility. The irradiation treatment facility must be 
certified by the Administrator. Recertification is required in the event 
of an increase or decrease in the amount of radioisotope, a major 
modification to equipment that affects the delivered dose, or a change 
in the owner or managing entity of the facility. Recertification also 
may be required in cases where a significant variance in dose delivery 
has been measured by the dosimetry system. In order to be certified, a 
facility must:
    (1) Be capable of administering the minimum absorbed ionizing 
radiation doses specified in paragraph (a) of this section to the fruits 
and vegetables;\2\
---------------------------------------------------------------------------

    \2\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (2) Be constructed so as to provide physically separate locations 
for treated and untreated fruits and vegetables, except that fruits and 
vegetables traveling by conveyor directly into the irradiation chamber 
may pass through an area that would otherwise be separated. The 
locations must be separated by a permanent physical barrier such as a 
wall or chain link fence 6 or more feet high to prevent transfer of 
cartons, or some other means approved during certification to prevent 
reinfestation of articles and spread of pests;
    (3) If the facility is located in the United States, the facility 
will only be certified if the Administrator determines that regulated 
articles will be safely transported to the facility from the port of 
arrival without significant risk that plant pests will escape in transit 
or while the regulated articles are at the facility.
    (f) Monitoring and interagency agreements. Treatment must be 
monitored by an inspector. This monitoring will include inspection of 
treatment records and unannounced inspections of the facility by an 
inspector, and may include inspection of articles prior to or after 
irradiation. Facilities that carry out irradiation operations must 
notify the Director of Preclearance, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236, of scheduled operations at least 30 days 
before operations commence, except where otherwise provided in the 
facility preclearance work plan. To ensure the appropriate level of 
monitoring, before articles may be imported in accordance with this 
section, the following agreements must be signed:
    (1) Irradiation treatment framework equivalency work plan. The plant 
protection service of a country from which articles are to be imported 
into the United States in accordance with this section must sign a 
framework equivalency work plan with APHIS. In this plan, both the 
foreign plant protection service and APHIS will specify the following 
items for their respective countries:
    (i) Citations for any requirements that apply to the importation of 
irradiated fruits and vegetables;
    (ii) The type and amount of inspection, monitoring, or other 
activities that will be required in connection with allowing the 
importation of irradiated fruits and vegetables into that country; and
    (iii) Any other conditions that must be met to allow the importation 
of irradiated fruits and vegetables into that country.
    (2) Facility preclearance work plan. Prior to commencing importation 
into the United States of articles treated at a foreign irradiation 
facility, APHIS and the plant protection service of the country from 
which articles are to be

[[Page 168]]

imported must jointly develop a preclearance work plan that details the 
activities that APHIS and the foreign plant protection service will 
carry out in connection with each irradiation facility to verify the 
facility's compliance with the requirements of this section. Typical 
activities to be described in this work plan may include frequency of 
visits to the facility by APHIS and foreign plant protection inspectors, 
methods for reviewing facility records, and methods for verifying that 
facilities are in compliance with the requirements for separation of 
articles, packaging, labeling, and other requirements of this section. 
This facility preclearance work plan will be reviewed and renewed by 
APHIS and the foreign plant protection service on an annual basis.
    (3) Trust fund agreement. Irradiated articles may be imported into 
the United States in accordance with this section only if the plant 
protection service of the country in which the irradiation facility is 
located has entered into a trust fund agreement with APHIS. That 
agreement requires the plant protection service to pay, in advance of 
each shipping season, all costs that APHIS estimates it will incur in 
providing inspection and treatment monitoring services at the 
irradiation facility 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 will describe the general nature and scope 
of APHIS services provided at irradiation facilities covered by the 
agreement, such as whether APHIS inspectors will monitor operations 
continuously or intermittently, and will generally describe the extent 
of inspections APHIS will perform on articles prior to and after 
irradiation. The agreement requires the plant protection service 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 
plant protection service to deposit with APHIS a certified or cashier's 
check for the amount of the remaining costs, as determined by APHIS, 
before any more articles irradiated in that country may be imported into 
the United States. After a final audit at the conclusion of each 
shipping season, any overpayment of funds would be returned to the plant 
protection service or held on account until needed, at the option of the 
plant protection service.
    (g) Packaging. Fruits and vegetables that are irradiated in 
accordance with this section must be packaged in cartons in the 
following manner:
    (1) All fruits and vegetables treated with irradiation must be 
shipped in the same cartons in which they are treated. Irradiated fruits 
and vegetables may not be packaged for shipment in a carton with 
nonirradiated fruits and vegetables.
    (2) For all fruits and vegetables irradiated prior to arrival in the 
United States:
    (i) The fruits and vegetables to be irradiated must be packaged 
either:
    (A) In insect-proof cartons that have no openings that will allow 
the entry of fruit flies. The cartons must be sealed with seals that 
will visually indicate if the cartons have been opened. The cartons may 
be constructed of any material that prevents the entry of fruit flies 
and prevents oviposition by fruit flies into the articles in the carton; 
\3\ or
---------------------------------------------------------------------------

    \3\ If there is a question as to the adequacy of a carton, send a 
request for approval of the carton, together with a sample carton, to 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, 
Oxford, NC 27565.
---------------------------------------------------------------------------

    (B) In noninsect-proof cartons that are stored immediately after 
irradiation in a room completely enclosed by walls or screening that 
completely precludes access by fruit flies. If stored in noninsect-proof 
cartons in a room that precludes access by fruit flies, prior to leaving 
the room each pallet of cartons must be completely enclosed in 
polyethylene, shrink-wrap, or another solid or netting covering that 
completely precludes access to the cartons by fruit flies.

[[Page 169]]

    (ii) To preserve the identity of treated lots, each pallet-load of 
cartons containing the fruits and vegetables must be wrapped before 
leaving the irradiation facility in one of the following ways:
    (A) With polyethylene shrink wrap;
    (B) With net wrapping; or
    (C) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (iii) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of packing 
and treatment. Pallets that remain intact as one unit until entry into 
the United States may have one such label per pallet. Pallets that are 
broken apart into smaller units prior to or during entry into the United 
States must have the required label information on each individual 
carton.
    (h) Dosimetry systems at the irradiation facility. (1) Dosimetry 
mapping must indicate the doses needed to ensure that all the commodity 
will receive the minimum dose prescribed.
    (2) Absorbed dose must be measured using an accurate dosimetry 
system that ensures that the absorbed dose meets or exceeds the absorbed 
dose required by paragraph (a) of this section (150, 210, 225, 250, or 
300 gray, depending on the target species of fruit fly or seed weevil).
    (3) When designing the facility's dosimetry system and procedures 
for its operation, the facility operator must address guidance and 
principles from American Society for Testing and Materials (ASTM) 
standards \4\ or an equivalent standard recognized by the Administrator.
---------------------------------------------------------------------------

    \4\ Designation ISO/ASTM 51261-2002(E) , ``Standard Guide for 
Selection and Calibration of Dosimetry Systems for Radiation 
Processing,'' American Society for Testing and Materials, Annual Book of 
ASTM Standards.
---------------------------------------------------------------------------

    (i) Records. An irradiation processor must maintain records of each 
treated lot for 1 year following the treatment date and must make these 
records available for inspection by an inspector during normal business 
hours (8 a.m. to 4:30 p.m., Monday through Friday, except holidays). 
These records must include the lot identification, scheduled process, 
evidence of compliance with the scheduled process, ionizing energy 
source, source calibration, dosimetry, dose distribution in the product, 
and the date of irradiation.
    (j) Request for certification and inspection of facility. Persons 
requesting certification of an irradiation treatment facility must 
submit the request for approval in writing to the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Oxford Plant 
Protection Center, 901 Hillsboro Street, Oxford, NC 27565. The initial 
request must identify the owner, location, and radiation source of the 
facility, and the applicant must supply additional information about the 
facility construction, treatment protocols, and operations upon request 
by APHIS if APHIS requires additional information to evaluate the 
request. Before the Administrator determines whether an irradiation 
facility is eligible for certification, an inspector will make a 
personal inspection of the facility to determine whether it complies 
with the standards of this section.
    (k) Denial and withdrawal of certification. (1) The Administrator 
will withdraw the certification of any irradiation treatment facility 
upon written request from the irradiation processor.
    (2) The Administrator will deny or withdraw certification of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying certification, the Administrator will 
inform the irradiation processor in writing of the reasons for the 
proposed action and provide the irradiation processor with an 
opportunity to respond. The Administrator will give the irradiation 
processor an opportunity for a hearing regarding any dispute of a 
material fact, in accordance with rules of practice that will be adopted 
for the proceeding. However, the Administrator will suspend 
certification pending final determination in the proceeding if he or she 
determines that suspension is necessary to prevent the spread of any 
dangerous insect. The suspension will be effective upon oral or written 
notification, whichever is earlier, to the irradiation processor. In the 
event of oral notification, written confirmation

[[Page 170]]

will be given to the irradiation processor within 10 days of the oral 
notification. The suspension will continue in effect pending completion 
of the proceeding and any judicial review of the proceeding.
    (l) Department not responsible for damage. This treatment is 
approved to assure quarantine security against the listed fruit flies. 
From the literature available, the fruits and vegetables authorized for 
treatment under this section are believed tolerant to the treatment; 
however, the facility operator and shipper are responsible for 
determination of tolerance. The Department of Agriculture and its 
inspectors assume no responsibility for any loss or damage resulting 
from any treatment prescribed or monitored. Additionally, the Nuclear 
Regulatory Commission is responsible for ensuring that irradiation 
facilities are constructed and operated in a safe manner. Further, the 
Food and Drug Administration is responsible for ensuring that irradiated 
foods are safe and wholesome for human consumption.

(Approved by the Office of Management and Budget under control number 
0579-0155)



PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES--Table of Contents




                 Subpart--Hawaiian Fruits and Vegetables

                               Quarantine

Sec.
318.13  Notice of quarantine.
318.13a  Administrative instructions providing exemptions from specified 
          requirements.

                          Rules and Regulations

318.13-1  Definitions.
318.13-2  Regulated articles.
318.13-3  Conditions of movement.
318.13-4  Conditions governing the issuance of certificates or limited 
          permits.
318.13-4a    Administrative instructions authorizing the movement from 
          Hawaii of frozen fruits and vegetables.
318.13-4b    Administrative instructions; conditions governing the 
          interstate movement from Hawaii of certain fruits for which 
          treatment is required.
318.13-4c    Administrative instructions approving methyl bromide 
          fumigation as a condition for certification of tomatoes for 
          movement from Hawaii.
318.13-4d  [Reserved]
318.13-4e  [Reserved]
318.13-4f    Administrative instructions prescribing methods for 
          irradiation treatment of certain fruits and vegetables from 
          Hawaii.
318.13-4g    Administrative instructions governing movement of avocados 
          from Hawaii to Alaska.
318.13-4h  [Reserved]
318.13-4i  Administrative instructions; conditions governing the 
          movement of green bananas from Hawaii.
318.13-5  Application for inspection.
318.13-6  Container marking and identity.
318.13-7  Products as ships' stores or in the possession of passengers 
          or crew.
318.13-8  Articles and persons subject to inspection.
318.13-9  Inspection of means of conveyance.
318.13-10  Inspection of baggage, other personal effects, and cargo.
318.13-11  Disinfection of means of conveyance.
318.13-12  Posting of warning notice and distribution of baggage 
          declarations.
318.13-13  Movements by the Department of Agriculture.
318.13-14  Parcel post inspection.
318.13-15  Costs and charges.
318.13-16  Withdrawal of certificates, transit permits, limited permits, 
          or compliance agreements.
318.13-17  Transit of fruits and vegetables from Hawaii into or through 
          the continental United States.

                         Subpart--Sweetpotatoes

318.30  Notice of quarantine.
318.30a  Administrative instructions authorizing movement from Puerto 
          Rico of certain sweetpotatoes grown under specified 
          conditions.

    Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products

                               Quarantine

318.47  Notice of quarantine.
318.47a  Administrative instructions relating to Guam.

                          Rules and Regulations

318.47-1  Definitions.
318.47-2  Articles the movement of which is prohibited or regulated.
318.47-3  Conditions governing the issuance of certificates and permits.
318.47-4  Shipments by the Department of Agriculture.

    Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

                               Quarantine

318.58  Notice of quarantine.

[[Page 171]]

                          Rules and Regulations

318.58-1  Definitions.
318.58-2  Regulated articles.
318.58-3  Conditions of movement.
318.58-4  Issuance of certificates or limited permits.
318.58-4a    Administrative instructions authorizing the movement from 
          Puerto Rico of frozen fruits and vegetables.
318.58-5  Application for inspection.
318.58-6  Marking of containers.
318.58-7  Products as ships' stores or in the possession of passengers 
          and crew.
318.58-8  Articles and persons subject to inspection.
318.58-9  Inspection of means of conveyance.
318.58-10  Inspection of baggage, other personal effects, and cargo.
318.58-11  Disinfection of means of conveyance.
318.58-12  Transit of fruits and vegetables from Puerto Rico and the 
          Virgin Islands of the United States into or through the 
          continental United States.
318.58-13  Movements by the Department of Agriculture.
318.58-14  Parcel post inspection.
318.58-15  Costs and charges.
318.58-16  Cancellation of certificates, transit permits, or limited 
          permits.

    Subpart--Sand, Soil, or Earth, with Plants From Territories and 
                                Districts

318.60  Notice of quarantine.

                              Subpart--Guam

                               Quarantine

318.82  Notice of quarantine.

                               Regulations

318.82-1  Definitions.
318.82-2  Movement of regulated articles.
318.82-3  Costs.

    Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR 
2.22, 2.80, and 371.3.

    Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted.



                 Subpart--Hawaiian Fruits and Vegetables

                               Quarantine



Sec. 318.13  Notice of quarantine.

    (a) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), the State of 
Hawaii is quarantined to prevent the spread of dangerous plant diseases 
and pests, including the Mediterranean fruit fly (Ceratitis capitata 
(Wied.)), the melon fly (Bactrocera cucurbitae Coq.), the oriental fruit 
fly (Bactrocera dorsalis Hendl.), green coffee scale (Coccus viridis 
(Green)), the bean pod borer (Maruca testulalis (Geyer)), the bean 
butterfly (Lampides boeticus (L.)), the Asiatic rice borer (Chilo 
suppressalis), the mango weevil (Sternochetus mangiferae (F.)), the 
Chinese rose beetle (Adoretus sinicus Burm.), and a cactus borer 
(Cactoblastis cactorum (Berg.)), which are new to or not known to be 
widely prevalent or distributed within and throughout other States.
    (b) No fruits or vegetables, in the raw or unprocessed state; cut 
flowers; rice straw; mango seeds; or cactus plants or parts thereof 
shall be shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved by any person from Hawaii 
into or through the continental United States, Guam, Puerto Rico, or the 
Virgin Islands of the United States, in manner or method or under 
conditions other than those prescribed in the regulations hereinafter 
made or amendments thereto: Provided, That whenever the Administrator of 
the Animal and Plant Health Inspection Service shall find that existing 
conditions as to the pest risk involved in the movement of any of the 
articles to which the regulations supplemental hereto apply, make it 
safe to modify, by making less stringent, the restrictions contained in 
any of such regulations, he shall publish such finding in administrative 
instructions specifying the manner in which the restrictions shall be 
made less stringent, whereupon such modification shall become effective; 
or he may, when the public interest will permit, with respect to the 
movement of any of such articles to Guam, upon request in specific cases 
and notification to the person making the request, authorize their 
certification under conditions, specified in the certificate to carry 
out the purposes of this subpart, that are less stringent than those 
contained in the regulations: And provided, further, That no 
restrictions are placed hereby on the movement of cactus plants from 
Hawaii to St. Croix, Virgin Islands of the United States, or on the

[[Page 172]]

movement of coconuts from Hawaii into or through the continental United 
States, Guam, Puerto Rico, or the Virgin Islands of the United States.
    (c) This subpart leaves in full force and effect Sec. 318.30 which 
restricts the movement from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States into or through any other State or certain 
Territories or Districts of the United States of all varieties of 
sweetpotatoes (Ipomoea batatas Poir.). It also leaves in full force and 
effect Sec. 318.60 which restricts the movement from Hawaii, Puerto 
Rico, or the Virgin Islands of the United States into or through any 
other State or certain Territories or Districts of the United States of 
sand, soil, or earth about the roots of plants.
    (d) Regulations governing the movement of live plant pests 
designated in this section are contained in part 330 of this chapter.

[28 FR 13280, Dec. 7, 1963, as amended at 33 FR 14621, Oct. 1, 1968; 36 
FR 24917, Dec. 24, 1971; 55 FR 38979, Sept. 24, 1990; 66 FR 21054, Apr. 
27, 2001]



Sec. 318.13a  Administrative instructions providing exemptions from specified requirements.

    (a) The following fruits, vegetables, and other products may be 
moved from Hawaii into or through Guam without certification or other 
restriction under this subpart:
    (1) [Reserved]
    (2) Cut flowers, as defined in Sec. 318.13-1.
    (3) All fruits and vegetables designated in Sec. 318.13-2(b).
    (4) Beets, rutabagas, and turnips; when without tops.
    (b) [Reserved]

[33 FR 14621, Oct. 1, 1968, as amended at 54 FR 3578, Jan. 25, 1989; 55 
FR 38979, Sept. 24, 1990]

                          Rules and Regulations



Sec. 318.13-1  Definitions.

    For the purpose of the regulations in this subpart the following 
words, names, and terms shall be construed, respectively, to mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the Animal and Plant Health Inspection Service to whom 
authority has been or may be delegated to act in the Administrator's 
stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the United States Department of Agriculture 
(APHIS).
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document signed by an inspector certifying that a 
particular ship, vessel, other surface craft, or aircraft, or any 
specified lot or shipment of fruits or vegetables or other plant 
materials, via baggage, parcel post, express, freight or other mode of 
transportation, has been inspected and found apparently free from 
articles the movement of which is prohibited by the quarantine and 
regulations in this subpart, and from the plant pests referred to in 
said quarantine; or that the lot or shipment is of such a nature that no 
danger of infestation or infection is involved; or that it has been 
treated in a manner to eliminate infestation. A certificate covering 
treated products must state the treatment applied.
    Commercial shipment. Shipment containing fruits and vegetables that 
an inspector identifies as having been produced for sale or 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 and packing house on the packaging, 
and documents consigning the shipment to a wholesaler or retailer.
    Compliance agreement. Any agreement to comply with stipulated 
conditions as prescribed under Sec. 318.13-3(b), Sec. 318.13-4(b), or 
Sec. 318.13-4f of this subpart, executed by any person to facilitate the 
interstate movement of regulated articles under this subpart.
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Cut flowers. Any cut blooms, fresh foliage customarily used in the 
florist trade, and dried decorative plant material.
    Disinfection (disinfect and disinfected). The application to parts 
or all of a

[[Page 173]]

ship, vessel, other surface craft, or aircraft of a treatment that may 
be designated by the inspector as effective against such plant pests as 
may be present. (``Disinfect'' and ``disinfected'' shall be construed 
accordingly.)
    Fruits and vegetables. The more or less succulent portions of food 
plants, and parts thereof, in raw or unprocessed state, such as bananas, 
pineapples, potatoes, ginger roots, tomatoes, peppers, mellons, citrus, 
mangoes, etc.
    Inspector. An employee of Plant Protection and Quarantine, or a 
State plant regulatory official designated by the Administrator to 
inspect and certify to shippers and other interested parties, as to the 
condition of the products inspected. To be eligible for designation, a 
State plant regulatory official must have a bachelor's degree in the 
biological sciences, a minimum of 2 years' experience in State plant 
regulatory activities, and a minimum of 2 years' experience in 
recognizing and identifying plant pests known to occur within Hawaii. 
Six years' experience in State plant regulatory activities may be 
substituted for the degree requirement.
    Interstate. From any State into or through any other State.
    Limited permit. A document issued by an inspector or a person 
operating under a compliance agreement for the interstate movement of 
regulated articles to a specified destination for:
    (1) Consumption, limited utilization or processing, or treatment; or
    (2) Movement into or through the continental United States in 
conformity with a transit permit.
    Mango seeds. Seeds of the fruit of mango (Mangifera spp.), fresh or 
dried.
    Means of conveyance. For the purposes of Sec. 318.13-17 of this 
subpart, ``means of conveyance'' shall mean a ship, truck, aircraft, or 
railcar.
    Moved (move and movement). Shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved, directly or 
indirectly, from Hawaii into or through the continental United States, 
Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands 
of the United States (or from or into or through other places as 
specified in this subpart). Local intrastate movement is in no way 
affected by the regulations in this subpart. (``Move'' and ``movement'' 
shall be construed accordingly.)
    Person. Any individual, corporation, company, society, association, 
or other organized group.
    Plant pests. Any living stage of any of the following that can 
directly or indirectly injure, cause damage to, or cause disease in any 
plant or plant product: A protozoan, nonhuman animal, parasitic plant, 
bacterium, fungus, virus or viroid, infectious agent or other pathogen, 
or any article similar to or allied with any of those articles.
    Rice straw. Stems or straw of rice (Oryza sativa), when used as 
packing material or for other purposes.
    Sealed (sealable) container. A completely enclosed container 
designed for the storage and/or transportation of commercial air, sea, 
rail, or truck cargo, and constructed of metal or fiberglass, or other 
similarly sturdy and impenetrable material, providing an enclosure 
accessed through doors that are closed and secured with a lock or seal. 
Sealed (sealable) containers used for sea shipments are distinct and 
separable from the means of conveyance carrying them when arriving in 
and in transit through the continental United States. Sealed (sealable) 
containers used for air shipments are distinct and separable from the 
means of conveyance carrying them before any transloading in the 
continental United States. Sealed (sealable) containers used for air 
shipments after transloading in the continental United States or for 
overland shipments in the continental United States may either be 
distinct and separable from the means of conveyance carrying them, or be 
the means of conveyance itself.
    State. Each of the 50 States of the United States, the District of 
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands of the United States, and all other territories and 
possessions of the United States.
    Transit permit. A written authorization issued by the Administrator 
for the movement of fruits and vegetables en route to a foreign 
destination that

[[Page 174]]

are otherwise prohibited movement by this subpart into or through the 
continental United States. Transit permits authorize one or more 
shipments over a designated period of time.
    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.
    United States. The States, District of Columbia, Guam, Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands of the United 
States.

[24 FR 10777, Dec. 29, 1959, as amended at 28 FR 13280, Dec. 7, 1963; 33 
FR 14621, Oct. 1, 1968; 36 FR 24917, Dec. 24, 1971; 37 FR 10554, May 25, 
1972; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 54 FR 391, 
Jan. 6, 1989; 55 FR 38979, Sept. 24, 1990; 56 FR 59207, Nov. 25, 1991; 
58 FR 7958, Feb. 11, 1993; 59 FR 66641, Dec. 28, 1994; 61 FR 5924, Feb. 
15, 1996; 62 FR 36974, July 10, 1997; 67 FR 41157, June 17, 2002]



Sec. 318.13-2  Regulated articles.

    (a)(1) Prohibited movement. Fruits, vegetables, and other products 
specified in Sec. 318.13, and not eligible for inspection and 
certification under Sec. 318.13-4 or otherwise expressly authorized 
movement either in the regulations in this subpart or in administrative 
instructions issued by the Administrator of the Animal and Plant Health 
Inspection Service are prohibited movement.
    (2) Avocados which have been moved to Alaska in accordance with 
Sec. 318.13-4g are prohibited movement from Alaska into or through other 
places in the continental United States, Guam, the Northern Mariana 
Islands, Puerto Rico, and the Virgin Islands of the United States.
    (b) Regulated movement. The movement of the following fruits and 
vegetables from Hawaii is allowed throughout the year upon compliance 
with the regulations in this subpart:

Aechmea bracteata (Sw.) Griseb, fruit-bearing panicles.
Allium spp. (bulb only).
Allium tuberosum.
Arrowhead (Sagittaria sagittifolia).
Arrowroot (Maranta arundinacea).
Artichoke, globe (Cynara scolymus).
Artichoke, Jerusalem (Helianthus tuberosus).
Asparagus (Asparagus officinalis).
Bean sprouts, soy (Glycine hispida).
Bean sprouts, mungo (Phaseolus aureus).
Beets (Beta vulgaris).
Broccoli (Brassica aleracea (Botrytis group)).
Brussel sprouts (Brassica oleracera (Gemifera group)).
Burdock, great (Arctium lappa, Lappa major, L. edulis).
Butterbur (Petasites japonicus).
Cabbage (Brassica oleracea).
Cabbage, Chinese (Brassica pekinensis, B. chinensis).
Carrot (Daucus carota satira).
Cassava (Manihot sp.).
Cauliflower (Brassica oleracea [Botrytis group]).
Celery (Apium graveolens).
Chinese spinach (Amaranthus gangeticus).
Chrysanthemum, garland (Chrysanthemum coronarium).
Coriander (Coriandrum sativum).
Dandelion (Taraxacum officinale).
Dropwort, water (Oenanthe stolonifera).
Durian (Durio zibethinus)
Foxheads or Nipple fruits (Solanum mamosum).
Ginger bracts (Zingiber mioga).
Ginger root (Zingiber officinale).
Honewort (Cryptotaenia canadensis).
Jesuit's nut (Trapa bicornis, T. natans).
Kudzu (Pueraria thunbergiana).
Lettuce (Lactuca sativa)
Lily root (Nelumbium nucifera).
Mahogany fruit (Swietenia mahagoni (L.) Jacq.).
Mustard greens (Brassica spp).
Mugwort (Artemisia vulgaris).
Nightshade, Malabar (Bassella rubra).
Parsley (Petroselinum hortense).
Perilla (Perilla frutescens).
Pineapples (Ananas sativa), smooth Cayenne.
Pineapple hybrids 53-116, 59-433, D10, and D20 (Ananas Sativa).
Potato (Solanum tuberosum).
Radish greens (Raphanus sativus longipinnatus).
Radish, oriental (Raphanus sativus longipinnatus).
Rhubarb (Rheum rhaponticum).
Sausage fruit (Kigelia pinnata (Jacq.)).
Spinach (Spinacia oleracea).
Sweet corn (Zea mays).
Taro root, shoots and stalks (Colocasia antiqorum esculentum).
Turnips (Brassica rapa).
Watercress (Nasturtium officinale).
Waternut (waterchestnut) (Eleocharis dulcis (E. tuberosa) (Scirpus 
tuberosus)).
Wood rose (Ipomoea tuberosa L.).
Yam bean root (Pachyrhizus erosus).
Yams Dioscorea (spp.).


Provided, That additions of other fruits and vegetables may be made to 
the foregoing list of regulated articles by the Administrator of the 
Animal and Plant Health Inspection Service when

[[Page 175]]

he determines that such fruits or vegetables, either as ordinarily 
packed and shipped or after treatment, do not involve risk of spreading 
any of the plant pests designated in the foregoing quarantine, and when 
such findings have been made known in administrative instructions of the 
Deputy Administrator of the Plant Protection and Quarantine Programs.

[24 FR 10777, Dec. 29, 1959, as amended at 27 FR 8345, Aug. 22, 1962; 27 
FR 8907, Sept. 7, 1962; 30 FR 5619, Apr. 21, 1965; 33 FR 14621, Oct. 1, 
1968; 34 FR 4879, Mar. 6, 1969; 36 FR 24917, Dec. 24, 1971; 44 FR 10701, 
Feb. 23, 1979; 45 FR 42242, June 24, 1980; 52 FR 8864, Mar. 20, 1987; 55 
FR 38979, Sept. 24, 1990; 59 FR 66641, Dec. 28, 1994; 63 FR 65648, Nov. 
30, 1998; 67 FR 41157, June 17, 2002]



Sec. 318.13-3  Conditions of movement.

    (a) To any destination. Any regulated articles may be moved 
interstate from Hawaii in accordance with this subpart to any 
destination if:
    (1) The movement is authorized by a valid certificate issued in 
accordance with Sec. 318.13-4 (a) or (b) and the movement complies with 
the conditions of any applicable compliance agreement made under 
Sec. 318.13-4(d), or
    (2) The movement is exempted from certificates or limited permit 
requirements by administrative instructions in this subpart.
    (b)(1) To restricted destinations. Smooth Cayenne pineapples; fresh 
fruit cocktail; inflight baskets of fruit; and cut flowers as defined in 
Sec. 318.13-1 (except cut blooms of gardenia, mauna loa, and jade vine, 
and leis thereof) may be moved interstate from Hawaii under limited 
permit, to a destination specified in the permit, directly from an 
establishment operated in accordance with the terms of a compliance 
agreement executed by the operator of the establishment, if the articles 
have not been exposed to infestation and they are not accompanied by any 
articles prohibited interstate movement under this subpart.
    (2) Avocados may be moved interstate from Hawaii to Alaska if the 
provisions of Sec. 318.13-4g are met, and if they are accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c).
    (3) Untreated fruits and vegetables from Hawaii may be moved 
interstate for irradiation treatment on the mainland United States if 
the provisions of Sec. 318.13-4f are met and if the fruits and 
vegetables are accompanied by a limited permit issued by an inspector in 
accordance with Sec. 318.13-4(c). The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in compliance with the provisions of this subpart.
    (c) To a foreign destination after transiting the continental United 
States. Fruits and vegetables from Hawaii otherwise prohibited movement 
from the State of Hawaii into or through the continental United States 
by this subpart may transit the continental United States en route to a 
foreign destination when moved in accordance with Sec. 318.13-17 of this 
subpart.
    (d) Segregation of certified articles. Articles certified after 
treatment in accordance with Sec. 318.13-4(b), taken aboard any ship, 
vessel, other surface craft, or aircraft in Hawaii must be segregated 
and protected in a manner as required by the inspector.
    (e) Attachment of certificates and limited permits. Except as 
otherwise provided for certain air cargo and containerized cargo on 
ships moved in accordance with Sec. 318.13-10, each box, bale, crate, or 
other container of regulated articles moved under certificate or limited 
permit shall have the certificate or limited permit attached to the 
outside of the container: Provided, That if a certificate or limited 
permit is issued for a shipment of more than one container of for bulk 
products, the certificate or limited permit shall be attached to or 
stamped on the accompanying waybill, manifest, or bill of lading.

[33 FR 14621, Oct. 1, 1968, as amended at 52 FR 8864, Mar. 20, 1987; 54 
FR 3578, Jan. 25, 1989; 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 
11, 1993; 59 FR 66641, Dec. 28, 1994; 62 FR 36974, July 10, 1997]



Sec. 318.13-4  Conditions governing the issuance of certificates or limited permits.

    Certificates or limited permits may be issued for the movement of 
articles allowed movement in accordance with the regulations in this 
subpart under the following conditions:

[[Page 176]]

    (a) Certification on basis of inspection or nature of lot involved. 
Fruits and vegetables designated in Sec. 318.13-2(b) may be certified 
when they have been inspected by an inspector and found apparently free 
from infestation and infection, or without such inspection when the 
inspector determines that the lot for shipment is of such a nature that 
no danger of infestation or infection is involved.
    (b) Certification on basis of treatment. Fruits, vegetables, and 
other products designated in Sec. 318.13, which are not listed in 
Sec. 318.13-2(b) and for which treatments may be approved by the 
Administrator of the Animal and Plant Health Inspection Service, may be 
certified if such treatments have been applied under the observation of 
an inspector in accordance with administratively approved procedure and 
if the articles were handled after such treatment in accordance with 
conditions prescribed in a compliance agreement executed by the 
applicant for the certificate or were handled after such treatment under 
such supervision of an inspector as the inspector may require. Any 
treatment that may be approved must be applied at the expense of the 
shipper, owner, or person in charge of such articles. The Department of 
Agriculture or its inspector will not be responsible for loss or damage 
resulting from any treatment prescribed or supervised.
    (c) Limited permits. (1) Limited permits may be issued by an 
inspector for the movement of noncertified regulated articles designated 
in Sec. 318.13-3(b) of this subpart.
    (2) Limited permits may be issued by an inspector for the movement 
of fruits and vegetables otherwise prohibited movement under this 
subpart, if the articles are to be moved in accordance with Sec. 318.13-
17 of this subpart.
    (3) Except when the regulations specify an inspector must issue the 
limited permit, limited permits may be issued by a person operating 
under a compliance agreement.
    (d) Compliance agreements. As a condition of issuance of a limited 
permit under paragraph (c)(3) of this section, or a certificate under 
paragraph (b) of this section for the movement of regulated articles for 
which a compliance agreement is required, the person applying for the 
permit or certificate must sign a compliance agreement stipulating that 
he will use all such permits or certificates issued to him in accordance 
with the provisions thereof and of the compliance agreement; will 
maintain at his establishment such safeguards against the establishment 
and spread of infestation and infection and comply with such conditions 
as to the maintenance of identity, handling (including post treatment 
handling), and interstate movement of regulated articles under such 
permits or certificates and the cleaning and treatment of means of 
conveyance and containers used in such movement of the articles, as may 
be required by the inspector in each specific case to prevent the spread 
of infestation or infection; and will allow inspectors to inspect the 
establishment and operations thereof.

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

[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 52 
FR 8864, Mar. 20, 1987; 55 FR 38979, Sept. 24, 1990; 57 FR 31307, July 
15, 1992; 58 FR 7959, Feb. 11, 1993; 59 FR 48992, Sept. 26, 1994; 59 FR 
66641, Dec. 28, 1994]



Sec. 318.13-4a  Administrative instructions authorizing the movement from Hawaii of frozen fruits and vegetables.

    (a) The type of treatment designated in this part as freezing shall 
be one of the commercially acceptable methods that involves initial 
freezing at subzero temperatures and subsequent storage at not higher 
than 0  deg.F., with a storage tolerance of plus 20  deg.F. Such 
treatments are commonly known as quick freezing, sharp freezing, frozen-
pack, or cold-pack. Any equivalent freezing method is also included in 
this designation.
    (b) The Administrator of the Animal and Plant Health Inspection 
Service, pursuant to the authority contained in Secs. 318.13-2(b) and 
318.13-4(b), hereby approves the process of freezing as a treatment for 
all fruits and vegetables described in Sec. 318.13, except as otherwise 
provided in paragraph (d) of this section. Such frozen fruits and 
vegetables may be certified for movement from Hawaii into or through any 
other

[[Page 177]]

Territory, State, or District of the United States. \1\ 
---------------------------------------------------------------------------

    \1\ Applications for certificates to move frozen fruits and 
vegetables from Hawaii under this subpart may be made to Plant 
Protection and Quarantine Programs, P.O. Box 9067, Honolulu, Hawaii 
96820.
---------------------------------------------------------------------------

    (c) The inspector in Hawaii shall determine that such fruits and 
vegetables are in a satisfactory frozen state before issuing a 
certificate. The inspector on the mainland will release the shipment on 
the basis of the certificate issued in Hawaii.
    (d) The movement from Hawaii 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 
Administrator of the Animal and Plant Health Inspection Service, be 
destroyed by freezing.
    (e) Freezing of fruits and vegetables as authorized in this section 
is considered necessary for the elimination of pest risk, and no 
liability shall attach to the United States Department of Agriculture or 
to any officer or representative of that Department in the event of 
injury resulting to fruits or vegetables offered for movement in 
accordance with the instructions of this section.

[24 FR 10777, Dec. 29, 1959, as amended at 55 FR 38979, Sept. 24, 1990]



Sec. 318.13-4b  Administrative instructions; conditions governing the interstate movement from Hawaii of certain fruits for which treatment is required.

    (a) General restrictions. Fruits listed in this section may only be 
moved interstate from Hawaii in accordance with this section or in 
accordance with other applicable sections in this subpart.
    (b) Eligible fruits. The following fruits may be moved interstate 
from Hawaii if, prior to interstate movement, they are inspected for 
plant pests by an inspector and are then treated for fruit flies under 
the supervision of an inspector with a treatment prescribed in the Plant 
Protection and Quarantine (PPQ) Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter: Avocados, bell peppers, 
carambolas, eggplants, Italian squash, litchi, longan, papayas, 
pineapples (other than smooth cayenne), rambutan, and tomatoes.
    (c) Subsequent handling. All handling of fruits subsequent to 
treatment in Hawaii must be carried out under the supervision of an 
inspector and according to the inspector's instructions.
    (d) Destination restrictions. Litchi and longan that are moved 
interstate from Hawaii under this section may not be moved into Florida 
due to the litchi rust mite (Eriophyes litchi). Cartons used to carry 
such fruits must be stamped: ``Not for movement into or distribution in 
FL.''
    (e) Costs and charges. All costs of treatment and any post-treatment 
safeguards prescribed by an inspector must be borne by the owner of the 
fruits or the owner's representative. The services of an inspector 
during regularly assigned hours of duty and at the usual place of duty 
are furnished by APHIS without charge.
    (f) Department not responsible for damages. Treatments prescribed in 
the PPQ Treatment Manual are judged from experimental tests to be safe 
for use with the fruits listed in paragraph (b) of this section. 
However, the Department assumes no responsibility for any damage 
sustained through or in the course of the treatment, or because of 
safeguards required by an inspector.

[67 FR 41157, June 17, 2002]



Sec. 318.13-4c  Administrative instructions approving methyl bromide fumigation as a condition for certification of tomatoes for movement from Hawaii.

    The Administrator of the Animal and Plant Health Inspection Service 
hereby approves methyl bromide fumigation, applied in accordance with 
the provisions of this section, as a treatment for tomatoes from Hawaii. 
Tomatoes treated and handled as provided in this section may be 
certified for movement from Hawaii to other parts of the United States.
    (a) Approved fumigation. (1) The approved fumigation shall consist 
of fumigation with methyl bromide at normal atmospheric pressure, in a 
fumigation chamber which has been approved for that purpose by the 
Animal and Plant Health Inspection Service. The

[[Page 178]]

dosage shall be applied at the rate of 2 pounds per 1,000 cubic feet for 
3\1/2\ hours at 70  deg.F. or above.
    (2) Tomatoes to be fumigated may be individually wrapped in gas-
permeable tissue paper and packed in standard slatted tomato lugs or 
containers similarly vented. The fumigation chamber shall not be loaded 
to more than two-thirds of its capacity. The 3\1/2\-hour exposure period 
shall begin when all the fumigant has been introduced into the chamber 
and volatilized. Good circulation above and below the load, and between 
individual containers, shall be provided as soon as the tomatoes are 
loaded in the chamber and shall continue during the full period of 
fumigation and until the tomatoes have been removed to a well-ventilated 
location.
    (b) Supervision of treatments and subsequent handling. The treatment 
approved in this section and the subsequent handling of the tomatoes so 
treated must be under the supervision of a plant quarantine inspector of 
the Animal and Plant Health Inspection Service. Such treated tomatoes 
must be safeguarded against reinfestation during the period prior to 
movement from Hawaii in a manner satisfactory to the inspector. 
Certification of tomatoes for such movement will be made only upon 
compliance with the prescribed treatment and posttreatment safeguards.
    (c) Costs. All costs of the treatments and prescribed posttreatment 
safeguards provided for in this section, other than the services of the 
supervising inspector during regularly assigned hours of duty and at the 
usual place of duty, shall, as required by Sec. 318.13-4(b), be borne by 
the owner of the tomatoes, or his representative.
    (d) Department not responsible for damage. (1) This treatment is 
recognized as one which may be marginal as to varietal tolerance of 
tomatoes and the owner or shipper is warned of possible injury. The 
Department of Agriculture and its inspectors assume no responsibility 
for any loss or damage resulting from any treatment prescribed or 
supervised.
    (2) In test fumigations the following varieties of tomatoes 
indicated tolerance to the prescribed treatment when harvested early in 
the season and in the mature stage after some color development: Big 
Boy, Bounty, Break O Day, Burpee Hybrid, Earliana, Hawaii, Homestead, J. 
Moran, Kalohi, Kaulaii, Lanai, Marglobe, Maui, Niihau, N-46, Oahu, 
Pearson, Pritchard, Rutgers, San Malzano, Step 274, Step 278, Step 280, 
Step 281, Step 305, and Step 314. Varieties showing poor tolerance were 
Desert Pride, Kolea C. Manalucie, and Pennheart.

[27 FR 1551, Feb. 20, 1962, as amended at 36 FR 24917, Dec. 24, 1971. 
Redesignated at 50 FR 9788, Mar. 12, 1985, and further amended at 55 FR 
38979, Sept. 24, 1990]



Sec. 318.13-4d  [Reserved]



Sec. 318.13-4e  [Reserved]



Sec. 318.13-4f  Administrative instructions prescribing methods for irradiation treatment of certain fruits and vegetables from Hawaii.

    (a) Approved irradiation treatment. Irradiation, carried out in 
accordance with the provisions of this section, is approved as a 
treatment for the following fruits and vegetables: Abiu, atemoya, 
carambola, litchi, longan, papaya, rambutan, and sapodilla.
    (b) Conditions of movement. Fruits and vegetables from Hawaii may be 
authorized for movement in accordance with this section only if the 
following conditions are met:
    (1) Location. The irradiation treatment must be carried out at an 
approved facility in Hawaii or on the mainland United States. Fruits and 
vegetables authorized under this section for treatment on the mainland 
may be treated in any State on the mainland United States except 
Alabama, Arizona, California, Florida, Georgia, Kentucky, Louisiana, 
Mississippi, Nevada, New Mexico, North Carolina, South Carolina, 
Tennessee, Texas, or Virginia. Prior to treatment, the fruits and 
vegetables may not move into or through Alabama, Arizona, California, 
Florida, Georgia, Kentucky, Louisiana, Mississippi, Nevada, New Mexico, 
North Carolina, South Carolina, Tennessee, Texas, or Virginia, except 
that movement is allowed through Dallas/Fort Worth, Texas, as an 
authorized stop for air cargo, or as a transloading location for 
shipments

[[Page 179]]

that arrive by air but that are subsequently transloaded into trucks for 
overland movement from Dallas/Fort Worth into an authorized State by the 
shortest route.
    (2) Approved facility. The irradiation treatment facility and 
treatment protocol must be approved by the Animal and Plant Health 
Inspection Service. In order to be approved, a facility must:
    (i) Be capable of administering a minimum absorbed ionizing 
radiation dose of 250 Gray (25 krad) to the fruits and 
vegetables;2
---------------------------------------------------------------------------

    \2\ The maximum absorbed ionizing radiation dose and the irradiation 
of food is regulated by the Food and Drug Administration under 21 CFR 
part 179.
---------------------------------------------------------------------------

    (ii) Be constructed so as to provide physically separate locations 
for treated and untreated fruits and vegetables, except that fruits and 
vegetables traveling by conveyor directly into the irradiation chamber 
may pass through an area that would otherwise be separated. The 
locations must be separated by a permanent physical barrier such as a 
wall or chain link fence six or more feet high to prevent transfer of 
cartons. Untreated fruits and vegetables shipped to the mainland United 
States from Hawaii in accordance with this section may not be packaged 
for shipment in a carton with treated fruits and vegetables;
    (iii) Complete a compliance agreement with the Animal and Plant 
Health Inspection Service as provided in Sec. 318.13-4(d) of this 
subpart; and
    (iv) Be certified by Plant Protection and Quarantine for initial use 
and annually for subsequent use. Recertification is required in the 
event that an increase or decrease in radioisotope or a major 
modification to equipment that affects the delivered dose. 
Recertification may be required in cases where a significant variance in 
dose delivery is indicated.
    (3) Treatment monitoring. Treatment must be carried out under the 
monitoring of an inspector. This monitoring must include inspection of 
treatment records and unannounced inspectional visits to the facility by 
an inspector. Facilities that carry out continual irradiation operations 
must notify an inspector at least 24 hours before the date of 
operations. Facilities that carry out periodic irradiation operations 
must notify an inspector of scheduled operations at least 24 hours 
before scheduled operations.\3\
---------------------------------------------------------------------------

    \3\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (4) Packaging. (i) Fruits and vegetables that are treated in Hawaii 
must be packaged in the following manner:
    (A) The cartons must have no openings that will allow the entry of 
fruit flies and must be sealed with seals that will visually indicate if 
the cartons have been opened. They may be constructed of any material 
that prevents the entry of fruit flies and prevents oviposition by fruit 
flies into the fruit in the carton.4
---------------------------------------------------------------------------

    \4\ If there is a question as to the adequacy of a carton, send a 
request for approval of the carton, together with a sample carton, to 
the Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit 
140, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (B) The pallet-load of cartons must be wrapped before it leaves the 
irradiation facility in one of the following ways:
    (1) With polyethylene sheet wrap;
    (2) With net wrapping; or
    (3) With strapping so that each carton on an outside row of the 
pallet load is constrained by a metal or plastic strap.
    (C) Packaging must be labeled with treatment lot numbers, packing 
and treatment facility identification and location, and dates of packing 
and treatment.
    (ii) Cartons of untreated fruits and vegetables that are moving to 
the mainland United States for treatment must be shipped in shipping 
containers sealed prior to interstate movement with seals that will 
visually indicate if the shipping containers have been opened.
    (iii) Litchi and longan from Hawaii may not be moved interstate into 
Florida. All cartons in which litchi or longan are packed must be 
stamped ``Not for importation into or distribution in FL.''

[[Page 180]]

    (5) Dosage. The fruits and vegetables must receive a minimum 
absorbed ionizing radiation dose of 250 Gray (25 krad).5
---------------------------------------------------------------------------

    \5\ See footnote 2.
---------------------------------------------------------------------------

    (6) Dosimetry systems. (i) Dosimetry must demonstrate that the 
absorbed dose, including areas of minimum and maximum dose, is mapped, 
controlled, and recorded.
    (ii) Absorbed dose must be measured using a dosimeter that can 
accurately measure an absorbed dose of 250 Gray (25 krad).
    (iii) The number and placement of dosimeters used must be in 
accordance with American Society for Testing and Materials (ASTM) 
standards.6
---------------------------------------------------------------------------

    \6\ Designation E 1261, ``Standard Guide for Selection and 
Calibration of Dosimetry Systems for Radiation Processing,'' American 
Society for Testing and Materials, Annual Book of ASTM Standards.
---------------------------------------------------------------------------

    (7)(i) Certification on basis of treatment. A certificate shall be 
issued by an inspector for the movement of fruits and vegetables from 
Hawaii that have been treated and handled in Hawaii in accordance with 
this section. To be certified for interstate movement under this 
section, litchi from Hawaii must be inspected in Hawaii and found free 
of the litchi fruit moth (Cryptophlebia spp.) and other plant pests by 
an inspector before undergoing irradiation treatment in Hawaii for fruit 
flies.
    (ii) Limited permit. A limited permit shall be issued by an 
inspector for the interstate movement of untreated fruits and vegetables 
from Hawaii for treatment on the mainland United States in accordance 
with this section. To be eligible for a limited permit under this 
section, untreated litchi from Hawaii must be inspected in Hawaii and 
found free of the litchi fruit moth (Cryptophlebia spp.) and other plant 
pests by an inspector.
    (8) Records. Records or invoices for each treated lot must be made 
available for inspection by an inspector during normal business hours 
(8:00 a.m. to 4:30 p.m., Monday through Friday, except holidays). An 
irradiation processor must maintain records as specified in this section 
for a period of time that exceeds the shelf life of the irradiated food 
product by 1 year, and must make these records available for inspection 
by an inspector. These records must include the lot identification, 
scheduled process, evidence of compliance with the scheduled process, 
ionizing energy source, source calibration, dosimetry, dose distribution 
in the product, and the date of irradiation.
    (c) Request for approval and inspection of facility. Persons 
requesting approval of an irradiation treatment facility and treatment 
protocol must submit the request for approval in writing to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Oxford Plant Protection Center, 901 Hillsboro St., Oxford, NC 27565. 
Before the Administrator determines whether an irradiation facility is 
eligible for approval, an inspector will make a personal inspection of 
the facility to determine whether it complies with the standards of 
paragraph (b)(2) of this section.
    (d) Denial and withdrawal of approval. (1) The Administrator will 
withdraw the approval of any irradiation treatment facility when the 
irradiation processor requests in writing the withdrawal of approval.
    (2) The Administrator will deny or withdraw approval of an 
irradiation treatment facility when any provision of this section is not 
met. Before withdrawing or denying approval, the Administrator will 
inform the irradiation processor in writing of the reasons for the 
proposed action and provide the irradiation processor with an 
opportunity to respond. The Administrator will give the irradiation 
processor an opportunity for a hearing regarding any dispute of a 
material fact, in accordance with rules of practice that will be adopted 
for the proceeding. However, the Administrator will suspend approval 
pending final determination in the proceeding, if he or she determines 
that suspension is necessary to prevent the spread of any dangerous 
insect infestation. The suspension will be effective upon oral or 
written notification, whichever is earlier, to the irradiation 
processor. In the event of oral notification, written confirmation will 
be given to the irradiation processor within 10 days of the oral 
notification. The suspension will continue in

[[Page 181]]

effect pending completion of the proceeding and any judicial review of 
the proceeding.
    (e) Department not responsible for damage. This treatment is 
approved to assure quarantine security against the Trifly complex. From 
the literature available, the fruits and vegetables authorized for 
treatment under this section are believed tolerant to the treatment; 
however, the facility operator and shipper are responsible for 
determination of tolerance. The Department of Agriculture and its 
inspectors assume no responsibility for any loss or damage resulting 
from any treatment prescribed or supervised. Additionally, the Nuclear 
Regulatory Commission is responsible for ensuring that irradiation 
facilities are constructed and operated in a safe manner. Further, the 
Food and Drug Administration is responsible for ensuring that irradiated 
foods are safe and wholesome for human consumption.

[62 FR 36974, July 10, 1997, as amended at 63 FR 65648, Nov. 30, 1998]



Sec. 318.13-4g  Administrative instructions governing movement of avocados from Hawaii to Alaska.

    Avocados may be moved interstate from Hawaii to Alaska without being 
certified in accordance with Sec. 318.13-4 (a) or (b) only under the 
following conditions:
    (a) Distribution and marking requirements. The avocados may be moved 
interstate for distribution in Alaska only, the boxes of avocados must 
be clearly marked with the statement ``Distribution limited to the State 
of Alaska'', and the shipment must be identified in accordance with the 
requirements of Sec. 318.13-6.
    (b) Commercial shipments. The avocados may be moved in commercial 
shipments only.
    (c) Packing requirements. The avocados must have been sealed in the 
packing house in Hawaii in boxes with a seal that will break if the box 
is opened.
    (d) Ports. The avocados may enter the continental United States only 
at the following ports: Portland, Oregon; Seattle, Washington; or any 
port in Alaska.
    (e) Shipping requirements. The avocados must be moved either by air 
or ship and in a sealed container. The avocados may not be commingled in 
the same sealed container with articles that are intended for entry and 
distribution in any part of the United States other than Alaska. If the 
avocados arrive at either Portland, Oregon or Seattle, Washington, they 
may be transloaded only under the following conditions:
    (1) Shipments by sea. The avocados may be transloaded from one ship 
to another ship at the port of arrival, provided they remain in the 
original sealed container and that APHIS inspectors supervise the 
transloading. If the avocados are stored before reloading, they must be 
kept in the original sealed container and must be in an area that is 
either locked or guarded at all times the avocados are present.
    (2) Shipments by air. The avocados may be transloaded from one 
aircraft to another aircraft at the port of arrival, provided the 
following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage of the shipment is within the 
secure area of the airport, and is either locked or guarded at all times 
the avocados are present. The avocados must be kept in a sealed 
container while stored in the continental United States en route to 
Alaska; and
    (iv) APHIS inspectors supervise the transloading.
    (3) Exceptions. No transloading other than that described in 
paragraphs (e) (1) and (2) of this section is allowed except under 
extenuating circumstances (such as equipment breakdown) and when 
authorized and supervised by an APHIS inspector.
    (f) Limited permit. Shipments of avocados must be accompanied by a 
limited permit issued by an APHIS inspector in accordance with 
Sec. 318.13-4(c) of this subpart. The limited permit will be issued only 
if the inspector examines the shipment and determines that the shipment 
has been prepared in

[[Page 182]]

compliance with the provisions of this section.

[59 FR 66642, Dec. 28, 1994]



Sec. 318.13-4h  [Reserved]



Sec. 318.13-4i  Administrative instructions; conditions governing the movement of green bananas from Hawaii.

    Green bananas (Musa spp.) of the cultivars ``Williams,'' ``Valery,'' 
``Grand Nain,'' and standard and dwarf ``Brazilian'' may be moved 
interstate from Hawaii with a certificate issued in accordance with 
Secs. 318.13-3 and 318.13-4 of this subpart if the bananas meet the 
following conditions:
    (a) The bananas must be picked while green and packed for shipment 
within 24 hours after harvest. If the green bananas will be stored 
overnight during that 24-hour period, they must be stored in a facility 
that prevents access by fruit flies;
    (b) No bananas from bunches containing prematurely ripe fingers 
(i.e., individual yellow bananas in a cluster of otherwise green 
bananas) may be harvested or packed for shipment;
    (c) The bananas must be inspected by an inspector and found free of 
plant pests as well as any of the following defects: prematurely ripe 
fingers, fused fingers, or exposed flesh (not including fresh cuts made 
during the packing process); and
    (d) The bananas must be safeguarded from fruit fly infestation from 
the time that they are packaged for shipment until they reach the port 
of arrival on the mainland United States.

[63 FR 65648, Nov. 30, 1998]



Sec. 318.13-5  Application for inspection.

    Persons intending to move any articles that may be certified in 
accordance with the provisions of Sec. 318.13-4 shall make application 
for inspection or treatment on forms provided for this purpose as far as 
possible in advance of the contemplated date of shipment. They will also 
be required to prepare, handle, and safeguard such articles from 
infestation or reinfestation, and to assemble them at such points as the 
inspector may designate, placing them so that inspection may be readily 
made. Blank forms \6\ for use in making applications for inspections 
will be furnished free upon request to the U.S. Department of 
Agriculture, Animal and Plant Health Inspection Service, Honolulu, 
Hawaii.
---------------------------------------------------------------------------

    \6\ Form PQ-170.

[33 FR 14622, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971; 53 
FR 12910, Apr. 20, 1988; 54 FR 391, Jan. 6, 1989; 55 FR 38979, Sept. 24, 
1990]



Sec. 318.13-6  Container marking and identity.

    Except as provided in Sec. 318.13-17(c) of this subpart, shipments 
of regulated articles moved in accordance with this subpart must have 
the following information clearly marked on each container, or, for 
shipments of multiple containers or bulk products, on the waybill, 
manifest, or bill of lading accompanying the articles: Nature and 
quantity of contents; name and address of shipper, owner, or person 
shipping or forwarding the articles; name and address of consignee; 
shipper's identifying mark and number; and, the number of the 
certificate or limited permit authorizing movement, if one was issued.

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

[58 FR 7959, Feb. 11, 1993, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 318.13-7  Products as ships' stores or in the possession of passengers or crew.

    (a) In the possession of passengers or crew members. Small 
quantities of fruits, vegetables, and cut flowers, subject to the 
quarantine and regulations in this subpart, when loose and free of 
packing materials, may be taken aboard any aircraft moving to Guam, 
ship, vessel, or other surface craft by passengers or members of the 
crew without inspection and certification in Hawaii. However, if such 
articles so taken aboard, are not eligible for inspection and 
certification under Sec. 318.13-4(a), they must be entirely consumed or 
disposed of before arrival within the territorial waters of the 
continental United States, Guam, Puerto Rico, or the Virgin Islands of 
the United States.

[[Page 183]]

    (b) As ship's stores or decorations. Fruits, vegetables, and cut 
flowers subject to the quarantine and regulations in this subpart may be 
taken aboard an aircraft moving from Hawaii to Guam, or a ship, vessel, 
or other surface craft in Hawaii without inspection or certification. 
Fruits, vegetables, and cut flowers that are so taken aboard such a 
carrier must be either (1) entirely consumed or removed from the 
aircraft moving from Hawaii to Guam, or the ship, vessel, or other 
surface craft before arrival within the territorial waters of the 
continental United States, Guam, Puerto Rico, or the Virgin Islands of 
the United States; or (2) in the case of a surface carrier, retained 
aboard such carrier under seal or otherwise disposed of subject to 
safeguards equivalent to those imposed on other prohibited or restricted 
products by Sec. 352.10 (b) and (c) of this chapter.

[24 FR 10777, Dec. 29, 1959, as amended at 31 FR 999, Jan. 26, 1966; 54 
FR 3578, Jan. 25, 1989]



Sec. 318.13-8  Articles and persons subject to inspection.

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

[54 FR 3578, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]



Sec. 318.13-9  Inspection of means of conveyance.

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

[54 FR 3578, Jan. 25, 1989]



Sec. 318.13-10  Inspection of baggage, other personal effects, and cargo.

    (a) Offer for inspection by aircraft passengers. Passengers destined 
for movement by aircraft from Hawaii to the continental United States, 
Puerto Rico, or the Virgin Islands of the United States shall offer 
their carry-on baggage and other personal effects for inspection at the 
place marked for agricultural inspections, which will be located at the 
airport security checkpoint or the aircraft boarding gate, at the time 
they pass through the checkpoint or the gate. Passengers shall offer 
their check-in baggage for inspection at agricultural inspection 
stations prior to submitting their baggage to the check-in baggage 
facility. When an inspector has inspected and passed such baggage or 
personal effects, he or she shall apply a USDA stamp, inspection 
sticker, or other identification to such baggage or personal effects to 
indicate that such baggage or personal effects have been inspected and 
passed as required. Passengers shall disclose

[[Page 184]]

any fruits, vegetables, plants, plant products, or other articles that 
are requested to be disclosed by the inspector. When an inspection of a 
passenger's baggage or personal effects discloses an article in 
violation of the regulations in this part, the inspector shall seize the 
article. The passenger shall state his or her name and address to the 
inspector, and provide the inspector with corroborative identification. 
The inspector shall record the name and address of the passenger, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (b) Offer for inspection by aircraft crew. Aircraft crew members 
destined for movement by aircraft from Hawaii to the continental United 
States, Puerto Rico, or the Virgin Islands of the United States, shall 
offer their baggage and personal effects for inspection at the 
inspection station designated for the employing airline not less than 20 
minutes prior to the scheduled departure time of the aircraft or the 
rescheduled departure time as posted in the public areas of the airport. 
When an inspector has inspected and passed such baggage or personal 
effects, he or she shall apply a USDA stamp, inspection sticker, or 
other identification to the baggage or personal effects to indicate that 
such baggage or personal effects have been inspected and passed as 
required. Aircraft crew members shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a crew member's 
baggage or personal effects discloses an article in violation of the 
regulations in this part, the inspector shall seize the article. The 
crew member shall state his or her name and address to the inspector, 
and provide the inspector with corroborative identification. The 
inspector shall record the name and address of the crew member, the 
nature of the identification presented for corroboration, the nature of 
the violation, the types of articles involved, and the date, time, and 
place of the violation.
    (c) Baggage inspection for persons traveling to Guam on aircraft. No 
person who has moved from Hawaii to Guam on an aircraft shall remove or 
attempt to remove any baggage or other personal effects from the area 
secured for customs inspections before the person has offered to an 
inspector, and has had passed by the inspector, his or her baggage and 
other personal effects. Persons shall disclose any fruits, vegetables, 
plants, plant products, or other articles that are requested to be 
disclosed by the inspector. When an inspection of a person's baggage or 
personal effects discloses an article in violation of the regulations in 
this part, the inspector shall seize the article. The person shall state 
his or her name and address to the inspector, and provide the inspector 
with corroborative identification. The inspector shall record the name 
and address of the person, the nature of the identification presented 
for corroboration, the nature of the violation, the types of articles 
involved, and the date, time, and place of the violation.
    (d) Baggage acceptance and loading on aircraft. No person shall 
accept or load any check-in aircraft baggage destined for movement from 
Hawaii to the continental United States, Puerto Rico, or the Virgin 
Islands of the United States, unless a certificate is attached to the 
baggage, or the baggage bears a USDA stamp, inspection sticker, or other 
indication applied by an inspector representing that the baggage has 
been inspected and passed.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other ocean-going craft from Hawaii to the 
continental United States, Puerto Rico, Guam, or the Virgin Islands of 
the United States, shall remove or attempt to remove any baggage or 
other personal effects from the designated inspection area as provided 
in Sec. 318.13-10(h) on or off the ship or other ocean-going craft 
unless the person has offered to an inspector for inspection, and has 
had passed by the inspector, the baggage and other personal effects. 
Persons shall disclose any fruits, vegetables, plants, plant products, 
or other articles that are requested to be disclosed by the inspector. 
When an inspection of a person's baggage or personal effects discloses 
an article in violation of the regulations

[[Page 185]]

in this part, the inspector shall seize the article. The person shall 
state his or her name and address to the inspector, and provide the 
inspector with corroborative identification. The inspector shall record 
the name and address of the person, the nature of the identification 
presented for corroboration, the nature of the violation, the types of 
articles involved, and the date, time, and place of the violation.
    (f) Loading of certain cargoes. (1) Except as otherwise provided in 
paragraph (f)(2) of this section, no person shall present to any common 
carrier or contract carrier for movement, and no common carrier or 
contract carrier shall load, any cargo containing fruits, vegetables, or 
other articles regulated under this subpart that are destined for 
movement from Hawaii to the continental United States, Puerto Rico, or 
the Virgin Islands of the United States, unless the cargo has been 
offered for inspection, passed by an inspector, and bears a USDA stamp 
or USDA inspection sticker, or unless a certificate or limited permit is 
attached to the cargo as specified in Sec. 318.13-3(e).
    (2) Cargo designated in paragraph (f)(1) of this section may be 
loaded without a USDA stamp or USDA inspection sticker, and without a 
certificate attached to the cargo or a limited permit attached to the 
cargo if the cargo is moved:
    (i) As containerized cargo on ships or other ocean-going craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
certificate or limited permit was issued for the movement; and
    (iii) A notation of the existence of these documents is made by the 
carrier on the waybill, manifest, or bill of lading that accompanies the 
shipment.
    (3) Cargo moved in accordance with Sec. 318.13-17 of this subpart 
that does not have a limited permit attached to the cargo must have a 
limited permit attached to the waybill, manifest, or bill of lading 
accompanying the shipment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
Sec. 318.13-10(h), on or off the means of conveyance, any cargo moved 
from Hawaii to Guam containing fruits, vegetables, or other articles 
regulated under this subpart, unless the cargo has been inspected and 
passed by an inspector in Guam.
    (h) Space and facilities for baggage inspection. Baggage inspection 
will not be performed until the person in charge or possession of the 
ship, other ocean-going craft, or aircraft provides space and facilities 
on the means of conveyance, pier, or airport that are adequate, in the 
inspector's judgment, for the performance of inspection.

[54 FR 3579, Jan. 25, 1989, as amended at 58 FR 7959, Feb. 11, 1993]



Sec. 318.13-11  Disinfection of means of conveyance.

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

[67 FR 8465, Feb. 25, 2002]



Sec. 318.13-12  Posting of warning notice and distribution of baggage declarations.

    (a) Before any aircraft moving to Guam from Hawaii, or any ship, 
vessel, or other surface craft from Hawaii arrives within the boundaries 
of the continental United States, Guam, Puerto Rico, or the Virgin 
Islands of the United States, the master, or other responsible officer 
thereof, shall cause to be distributed to each adult passenger thereon a 
baggage declaration \7\ to be furnished by the U.S. Department of 
Agriculture, calling attention to the provisions of the Plant Protection 
Act, and the quarantine and regulations in

[[Page 186]]

this subpart. These baggage declarations shall be executed and signed by 
the passengers and shall be collected and delivered by the master or 
other responsible officer of the ship, vessel, other surface craft, or 
aircraft, to the inspector on arrival at the quarantine or inspection 
area.
---------------------------------------------------------------------------

    \7\ Form No. PPQ 232.
---------------------------------------------------------------------------

    (b) Every person owning or controlling any dock, harbor, or landing 
field in Hawaii from which ships, vessels, other surface craft, or 
aircraft leave for ports in the continental United States, Guam, Puerto 
Rico, or the Virgin Islands of the United States shall post, and keep 
posted at all times, in one or more conspicuous places in passenger 
waiting rooms on or in said dock, harbor, or landing field a warning 
notice directing attention to the quarantine and regulations in this 
subpart. \8\ Every master, or other responsible officer of any ship, 
vessel, other surface craft, or aircraft leaving Hawaii destined to a 
port in the continental United States, Guam, Puerto Rico, or the Virgin 
Islands of the United States shall similarly post, and keep posted at 
all times, such a warning notice in the ship, vessel, other surface 
craft, or aircraft under his charge.
---------------------------------------------------------------------------

    \8\ An acceptable warning notice appears on Form PPQ-232.

[24 FR 10777, Dec. 29, 1959, as amended at 53 FR 12910, Apr. 20, 1988; 
54 FR 391, Jan. 6, 1989. Redesignated and amended at 54 FR 3580, Jan. 
25, 1989; 66 FR 21054, Apr. 27, 2001]



Sec. 318.13-13  Movements by the Department of Agriculture.

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

[54 FR 3580, Jan. 25, 1989]



Sec. 318.13-14  Parcel post inspection.

    Inspectors are authorized in accordance with the postal laws and 
regulations and in cooperation with employees of the U.S. Post Office 
Department, to inspect parcel post packages placed in the mails in 
Hawaii and destined to other parts of the United States, to determine 
whether such packages contain fruits, vegetables, or other regulated 
articles, the movement of which is not authorized under this subpart, to 
examine such articles for plant pests, and to notify the postmaster in 
writing of any violation of this subpart or part 330 of this chapter in 
connection therewith.

[33 FR 14623, Oct. 1, 1968. Redesignated at 54 FR 3580, Jan. 25, 1989]



Sec. 318.13-15  Costs and charges.

    Services of the inspector during regularly assigned hours of duty at 
the usual places of duty shall be furnished without cost to the one 
requesting such services. The Animal and Plant Health Inspection Service 
will not assume responsibility for any costs or charges, other than 
those indicated in this section, in connection with the inspection, 
treatment, conditioning, storage, forwarding, or any other operation of 
any character incidental to the physical movement of regulated articles 
or plant pests.

[33 FR 14623, Oct. 1, 1968, as amended at 36 FR 24917, Dec. 24, 1971. 
Redesignated at 54 FR 3580, Jan. 25, 1989, and further amended at 55 FR 
38979, Sept. 24, 1990]



Sec. 318.13-16  Withdrawal of certificates, transit permits, limited permits, or compliance agreements.

    Any certificate, transit permit, limited permit, or compliance 
agreement which has been issued or authorized may be withdrawn by an 
inspector orally or in writing, if such inspector determines that the 
holder thereof has not complied with all conditions under

[[Page 187]]

the regulations for the use of such document. If the cancellation is 
oral, the decision and the reasons for the withdrawal shall be confirmed 
in writing as promptly as circumstances allow. Any person whose 
certificate, transit permit, limited permit, or compliance agreement has 
been withdrawn may appeal the decision in writing to the 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 certificate, transit permit, or 
limited permit was wrongfully withdrawn. The Administrator shall grant 
or deny the appeal, in writing, stating the reasons for such decision, 
as promptly as circumstances allow. If there is a conflict as to any 
material fact, a hearing shall be held to resolve such conflict. Rules 
of practice concerning such a hearing will be adopted by the 
Administrator.

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

[52 FR 8865, Mar. 20, 1987. Redesignated at 54 FR 3580, Jan. 25, 1989, 
and further amended at 55 FR 38979, Sept. 24, 1990; 58 FR 7959, Feb. 11, 
1993; 58 FR 40190, July 27, 1993; 59 FR 67133, Dec. 29, 1994]



Sec. 318.13-17  Transit of fruits and vegetables from Hawaii into or through the continental United States.

    Fruits and vegetables from Hawaii otherwise prohibited movement from 
the State of Hawaii into or through the continental United States by 
this subpart may transit the continental United States en route to a 
foreign destination when moved in accordance with this section and any 
other applicable provisions of this subpart. Any additional restrictions 
on such movement that would otherwise be imposed by part 301 of this 
chapter and Secs. 318.30 and 318.30a of this part shall not apply.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement into or through the continental United 
States of fruits and vegetables otherwise prohibited by this subpart 
from being moved into or through the continental United States from 
Hawaii. Application for a transit permit must be made in writing.\9\ The 
transit permit application must include the following information:
---------------------------------------------------------------------------

    \9\ Applications for transit permits should be submitted to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English names are acceptable);
    (ii) The means of conveyance to be used to transport the fruits and 
vegetables into or through the continental United States;
    (iii) The port of arrival in the continental United States, and the 
location of any subsequent stop;
    (iv) The location of, and the time needed for, any storage in the 
continental United States;
    (v) Any location in the continental United States where the fruits 
and vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
and vegetables from the port of arrival in the continental United States 
to the port of export;
    (vii) The estimated time necessary to accomplish exportation, from 
arrival at the port of arrival in the continental United States to exit 
at the port of export;
    (viii) The port of export; and
    (ix) The name and address of the applicant and, if the applicant's 
address is not within the territorial limits of the United States, the 
name and address in the United States of an agent whom the applicant 
names for acceptance of service of process.
    (2) A transit permit will be issued only if the following conditions 
are met:
    (i) APHIS inspectors are available at the port of arrival, port of 
export, and any locations at which transloading of cargo will take 
place, and, in the case of air shipments, at any interim stop in the 
continental United States, as indicated on the application for the 
transit permit;
    (ii) The application indicates that the proposed movement would 
comply with the provisions in this section applicable to the transit 
permit; and

[[Page 188]]

    (iii) During the 12 months prior to receipt of the application by 
APHIS, the applicant has not had a transit permit withdrawn under 
Sec. 318.13-16 of this subpart, unless the transit permit has been 
reinstated upon appeal.
    (b) Limited permit. Fruits and vegetables shipped from Hawaii into 
or through the continental United States under this section must be 
accompanied by a limited permit, a copy of which must be presented to an 
inspector at the port of arrival and the port of export in the 
continental United States, and at any other location in the continental 
United States where an air shipment is authorized to stop or where 
overland shipments change means of conveyance. An inspector will issue a 
limited permit if the following conditions are met:
    (1) The inspector determines that the specific type and quantity of 
the fruits and vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English names are acceptable.) 
The fruits and vegetables shall be assembled at whatever point and in 
whatever manner the inspector designates as necessary to comply with the 
requirements of this section; and
    (2) The inspector establishes that the shipment of fruits and 
vegetables has been prepared in compliance with the provisions of this 
section.
    (c) Marking requirements. Each of the smallest units, including each 
of the smallest bags, crates, or cartons, containing fruits and 
vegetables for transit into or through the continental United States 
under this section must be conspicuously marked, prior to the locking 
and sealing of the container in Hawaii, with a printed label that 
includes a description of the specific type and quantity of the fruits 
and vegetables (only scientific or English names are acceptable), the 
transit permit number under which the fruits and vegetables are to be 
shipped, and, in English, the fact that they were grown in Hawaii and 
the statement ``Distribution in the United States is Prohibited.''
    (d) Handling of fruits and vegetables. Fruits and vegetables shipped 
into or through the continental United States from Hawaii in accordance 
with this section may not be commingled in the same sealed container 
with articles that are intended for entry and distribution in the 
continental United States. The fruits and vegetables must be kept in 
sealed containers from the time the limited permit required by paragraph 
(b) of this section is issued, until the fruits and vegetables exit the 
continental United States, except as otherwise provided in the 
regulations in this section. Transloading must be carried out in 
accordance with the requirements of paragraphs (a), (h), and (i) of this 
section.
    (e) Area of movement. The port of arrival, the port of export, ports 
for air stops, and overland movement within the continental United 
States of fruits and vegetables shipped under this section is limited to 
a corridor that includes all States of the continental United States 
except Alabama, Arizona, California, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, Nevada, New Mexico, North Carolina, South 
Carolina, Tennessee, Texas, and Virginia, except that movement is 
allowed through Dallas/Fort Worth, Texas, as an authorized stop for air 
cargo, or as a transloading location for shipments that arrive by air 
but that are subsequently transloaded into trucks for overland movement 
from Dallas/Fort Worth into the designated corridor by the shortest 
route. Movement through the continental United States must begin and end 
at locations staffed by APHIS inspectors.\10\
---------------------------------------------------------------------------

    \10\ For a list of ports staffed by APHIS inspectors, contact the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136, 
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (f) Movement of fruits and vegetables. Transportation through the 
continental United States shall be by the most direct route to the final 
destination of the shipment in the country to which it is exported, as 
determined by APHIS based on commercial shipping routes and timetables 
and set forth in the transit permit. No change in the quantity of the 
original shipment from that described in the limited permit is allowed. 
No remarking is allowed. No diversion or delay of the shipment from

[[Page 189]]

the itinerary described in the transit permit and limited permit is 
allowed unless authorized by an APHIS inspector upon determination by 
the inspector that the change will not significantly increase the risk 
of plant pests or diseases in the United States, and unless each port to 
which the shipment is diverted is staffed by APHIS inspectors.
    (g) Notification in case of emergency. In the case of an emergency 
such as an accident, a mechanical breakdown of the means of conveyance, 
or an unavoidable deviation from the prescribed route, the person in 
charge of the means of conveyance must, as soon as practicable, notify 
the APHIS office at the port where the cargo arrived in the continental 
United States.
    (h) Shipments by sea. Except as authorized by this paragraph, 
shipments arriving in the continental United States by sea from Hawaii 
may be transloaded once from a ship to another ship or, alternatively, 
once to a truck or railcar at the port of arrival and once from a truck 
or railcar to a ship at the port of export, and must remain in the 
original sealed container, except under extenuating circumstances and 
when authorized by an inspector upon determination by the inspector that 
the transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision. No other transloading of the shipment is allowed, except 
under extenuating circumstances (e.g., equipment breakdown) and when 
authorized by an inspector upon determination by the inspector that the 
transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (i) Shipments by air. (1) Shipments arriving in the continental 
United States by air from Hawaii may be transloaded only once in the 
continental United States. Transloading of air shipments must be carried 
out in the presence of an APHIS inspector. Shipments arriving by air 
that are transloaded may be transloaded either into another aircraft or 
into a truck trailer for export by the most direct route to the final 
destination of the shipment through the designated corridor set forth in 
paragraph (e) of this section. This may be done at either the port of 
arrival in the United States or at the second air stop within the 
designated corridor, as authorized in the transit permit and as provided 
in paragraph (i)(2) of this section. No other transloading of the 
shipment is allowed, except under extenuating circumstances (e.g., 
equipment breakdown) and when authorized by an APHIS inspector upon 
determination by the inspector that the transloading would not 
significantly increase the risk of the introduction of plant pests or 
diseases into the continental United States, and provided that APHIS 
inspectors are available to provide supervision. Transloading of air 
shipments will be authorized only if the following conditions are met:
    (i) The transloading is done into sealable containers;
    (ii) The transloading is carried out within the secure area of the 
airport--i.e., that area of the airport that is open only to personnel 
authorized by the airport security authorities;
    (iii) The area used for any storage is within the secure area of the 
airport; and
    (iv) APHIS inspectors are available to provide the supervision 
required by paragraph (i)(1) of this section.
    (2) Except as authorized by paragraph (f) of this section, shipments 
that continue by air from the port of arrival in the continental United 
States may be authorized by APHIS for only one additional stop in the 
continental United States, provided the second stop is within the 
designated corridor set forth in paragraph (e) of this section and is 
staffed by APHIS inspectors. As an alternative to transloading a 
shipment arriving in the United States into another aircraft, shipments 
that arrive by air may be transloaded into a truck trailer for export by 
the most direct route to the final destination of the shipment through 
the designated corridor set forth in paragraph (e) of this section. This 
may be done at either the port of arrival in the United States or

[[Page 190]]

at the second authorized air stop within the designated corridor. No 
other transloading of the shipment is allowed, except under extenuating 
circumstances (e.g., equipment breakdown) and when authorized by an 
APHIS inspector upon determination by the inspector that the 
transloading would not significantly increase the risk of the 
introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (j) Duration and location of storage. Any storage in the continental 
United States of fruits and vegetables shipped under this section must 
be for a duration and in a location authorized in the transit permit 
required by paragraph (a) of this section. Areas where such fruits and 
vegetables are stored must be either locked or guarded at all times the 
fruits and vegetables are present. Cargo shipped under this section must 
be kept in a sealed container while stored in the continental United 
States.
    (k) Temperature requirement. Except for time spent on aircraft and 
except during storage and transloading of air shipments, the temperature 
in the sealed containers containing fruits and vegetables moved under 
this section must be 60  deg.F or lower from the time the fruits and 
vegetables leave Hawaii until they exit the continental United States.
    (l) Prohibited materials. (1) The person in charge of or in 
possession of a sealed container used for movement into or through the 
continental United States under this section must ensure that the sealed 
container is carrying only those fruits and vegetables authorized by the 
transit permit required under paragraph (a) of this section; and
    (2) The person in charge of or in possession of any means of 
conveyance or container returned to the United States without being 
reloaded after being used to export fruits and vegetables from the 
United States under this section must ensure that the means of 
conveyance or container is free of materials prohibited importation into 
the United States under this chapter.
    (m) Authorization by APHIS of the movement of fruits and vegetables 
into or through the continental United States under this section does 
not imply that the fruits and vegetables are enterable into the 
destination country. Shipments returned to the United States from the 
destination country shall be subject to all applicable regulations, 
including ``Subpart--Fruits and Vegetables'' of part 319 of this 
chapter, and part 352 of this chapter.
    (n) Any restrictions and requirements with respect to the arrival, 
temporary stay, unloading, transloading, transiting, exportation, or 
other movement or possession in the United States of any fruits or 
vegetables under this section shall apply to any person who, 
respectively, brings into, maintains, unloads, transloads, transports, 
exports, or otherwise moves or possesses in the United States such 
fruits or vegetables, whether or not that person is the one who was 
required to have a transit permit or limited permit for the fruits or 
vegetables or is a subsequent custodian of the fruits or vegetables. 
Failure to comply with all applicable restrictions and requirements 
under this section by such a person shall be deemed to be a violation of 
this section.

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

[58 FR 7959, Feb. 11, 1993; 58 FR 40190, July 27, 1993, as amended at 59 
FR 67133, Dec. 29, 1994; 59 FR 67609, Dec. 30, 1994]



                         Subpart--Sweetpotatoes



Sec. 318.30  Notice of quarantine.

    (a) The Administrator of the Animal and Plant Health Inspection 
Service has determined that it is necessary to quarantine Hawaii and 
Puerto Rico to prevent the spread to other parts of the United States of 
the sweetpotato scarabee (Euscepes postfasciatus Fairm.), and the 
sweetpotato stem borer (Omphisa anastomosalis Guen.), dangerous insect 
infestations new to and not widely prevalent or distributed within or 
throughout the United States, and that it is necessary also to 
quarantine the Virgin Islands of the United States to prevent the spread 
to other parts of the United States of the sweetpotato scarabee.

[[Page 191]]

    (b) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the sweetpotato scarabee (Euscepes 
postfasciatus Fairm.) and the sweetpotato stem borer (Omphisa 
anastomosalis Guen.).
    (c) No variety of sweetpotatoes (Ipomoea batatas Poir.) shall be 
shipped, offered for shipment to a common carrier, received for 
transportation or transported by a common carrier, or carried, 
transported, moved, or allowed to be moved by any person from Hawaii, 
Puerto Rico, or the Virgin Islands of the United States into or through 
any other State, Territory, or District of the United States: Provided, 
That the prohibitions of this section shall not prohibit the movement of 
sweetpotatoes in either direction between Puerto Rico and the Virgin 
Islands of the United States; nor prohibit the movement of sweetpotatoes 
by the U.S. Department of Agriculture for scientific or experimental 
purposes; nor prohibit the movement from Puerto Rico or the Virgin 
Islands of the United States of sweetpotatoes which the Deputy 
Administrator of the Plant Protection and Quarantine Programs may 
authorize under permit or certificate to such northern ports of the 
United States as he may designate in such permit or certificate, 
conditioned upon the fumigation of such sweetpotatoes under the 
supervision of an inspector of said Programs either in Puerto Rico or 
the Virgin Islands of the United States or at the designated port of 
arrival, in a manner approved by the said Deputy Administrator; nor 
prohibit the movement from Hawaii of sweetpotatoes which the Deputy 
Administrator of the Plant Protection and Quarantine Programs may 
authorize under permit or certificate to such ports of the United States 
as he may designate in such permit or certificate, conditioned upon the 
fumigation of such sweetpotatoes in Hawaii under the supervision of an 
inspector of said Programs, in a manner approved by the said Deputy 
Administrator: Provided, further, That whenever the Deputy Administrator 
of the Plant Protection and Quarantine Programs shall find that facts 
exist as to pest risk involved in the movement of sweetpotatoes or any 
classification thereof to which this subpart applies, making it safe to 
modify, by making less stringent, the requirements contained therein, he 
shall set forth and publish such finding in administrative instructions 
specifying the manner in which the subpart should be made less 
stringent, whereupon such modification shall become effective.
    (d) As used in this section, the term State, Territory, or District 
of the United States means ``Guam, Hawaii, Puerto Rico, the Virgin 
Islands of the United States, or the continental United States.''

[24 FR 10777, 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. 318.30a  Administrative instructions authorizing movement from Puerto Rico of certain sweetpotatoes grown under specified conditions.

    The Deputy Administrator of the Plant Protection and Quarantine 
Programs hereby finds that facts exist as to the pest risk involved in 
the movement of sweetpotatoes to which Sec. 318.30 applies, making it 
safe to modify by making less stringent the requirements of Sec. 318.30 
with respect to washed sweetpotatoes graded by inspectors of the 
Commonwealth of Puerto Rico in accordance with Puerto Rican standards 
which do not provide a tolerance for insect infestation or evidence of 
insect injury and found by such inspectors to comply with such 
standards. Hereafter, in addition to movement authorized under 
Sec. 318.30(c), such sweetpotatoes will be eligible for inspection by a 
Branch inspector to determine whether they are free of the sweetpotato 
scarabee (Euscepes postfasciatus Fairm.) and for certification for 
movement from Puerto Rico to Baltimore, Maryland, and Atlantic Coast 
ports north thereof if found free of such insect, provided the 
sweetpotatoes are certified by an inspector of the Commonwealth of 
Puerto Rico as having been so washed and graded and as having been grown 
in accordance with the following procedures:

[[Page 192]]

    (a) Fields in which the sweetpotatoes have been grown shall have 
been given a preplanting treatment with an approved soil insecticide.
    (b) Before planting in such treated fields, the sweetpotoato draws 
and vine cuttings shall have been dipped in an approved insecticidal 
solution.
    (c) During the growing season an approved insecticide shall have 
been applied to the vines at prescribed intervals.

The sweetpotatoes shall be inspected by an inspector of the Plant 
Protection and Quarantine Programs prior to shipment from Puerto Rico.



    Subpart--Territorial Cotton, Cottonseed, and Cottonseed Products

                               Quarantine



Sec. 318.47  Notice of quarantine.

    (a) The Secretary of Agriculture having previously quarantined 
Hawaii and Puerto Rico on account of the pink bollworm of cotton 
(Pectinophora gossypiella Saunders) and the cotton blister mite 
(Eriophyes gossypii Banks), insect pests new to and not widely prevalent 
or distributed within and throughout the United States, now determines 
that it is necessary to extend the quarantine to prevent the spread of 
these insects from the Virgin Islands of the United States, where they 
are known to occur.
    (b) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the aforementioned insect pests.
    (c) All parts and products of plants of the genus Gossypium, such as 
seeds including seed cotton; cottonseed; cotton lint, linters, and other 
forms of cotton fiber; cottonseed hulls, cake, meal, and other 
cottonseed products, except oil; cotton waste; and all other 
unmanufactured parts of cotton plants; and all second-hand burlap and 
other fabric which have been used, or are of the kinds ordinarily used, 
for wrapping or containing cotton, are hereby prohibited movement from 
the Hawaii, Puerto Rico, and the Virgin Islands of the United States 
into or through any other State, Territory or District of the United 
States, in manner or method or under conditions other than those 
prescribed in the regulations hereinafter made or amendments thereto: 
Provided, That whenever the Deputy Administrator of the Plant Protection 
and Quarantine Programs shall find that existing conditions as to the 
pest risk involved in the movement of the articles to which the 
regulations supplemental hereto apply, make it safe to modify, by making 
less stringent, the restrictions contained in any such regulations, he 
shall set forth and publish such findings in administrative 
instructions, specifying the manner in which the regulations should be 
made less stringent, whereupon such modification shall become effective.
    (d) As used in this subpart, unless the context otherwise requires, 
the term State, Territory, or District of the United States means State, 
the District of Columbia, Alaska, Guam, Hawaii, Puerto Rico, or the 
Virgin Islands of the United States.

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]



Sec. 318.47a  Administrative instructions relating to Guam.

    The plants, products and articles specified in Sec. 318.47(c) may be 
moved from Hawaii into or through Guam without restriction under this 
subpart.

                          Rules and Regulations

    Cross Reference: For rules and regulations governing the importation 
of cotton and cottonseed products into the United States, see 
Secs. 319.8 to 319.8-27 of this chapter.



Sec. 318.47-1  Definitions.

    For the purpose of the regulations in this subpart the following 
words, names, and terms shall be construed, respectively, to mean:
    (a) Cotton. Parts and products of plants of the genus Gossypium, 
including seed cotton; cottonseed; cotton lint, linters and other forms 
of cotton fiber; cottonseed hulls, cake, meal, and other cottonseed 
products, except oil; cotton waste; and all other unmanufactured parts 
of cotton plants; and second-hand burlap and other fabric which

[[Page 193]]

have been used, or are of the kinds ordinarily used, for wrapping or 
containing cotton.
    (b) Seed cotton. The unginned lint and seed admixture, just as it is 
picked from the cotton boll.
    (c) Cottonseed. The seed of the cotton plant, either separated from 
the lint or as a component part of seed cotton.
    (d) Lint. All forms of raw or unmanufactured ginned cotton, either 
baled or unbaled, including all cotton fiber, except linters, which has 
not been woven or spun, or otherwise manufactured.
    (e) Linters. All forms of unmanufactured cotton fiber separated from 
cottonseed after the lint has been removed, including that form referred 
to as ``hull fiber.''
    (f) 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 waste products derived from the milling of cottonseed.
    (g) Seedy waste. Picker waste, gin waste, and oil mill waste, and 
any other cotton by-products capable of carrying a high percentage of 
cottonseed.
    (h) Clean waste. Wastes derived from the processing of lint in 
machines after the card machine, including card strips but not card fly.
    (i) Bale covers. Second-hand burlap and other second-hand fabric by 
whatever trade designation, which have been used, or are of the kinds 
ordinarily used, for wrapping or otherwise containing cotton. Burlap and 
other fabric of the kinds ordinarily used for wrapping cotton, when new 
or unused, are excluded from this definition.
    (j) Certificate (certification, certified). A type of authorization, 
evidencing freedom from infestation, issued by the Deputy Administrator 
of the Plant Protection and Quarantine Programs to allow the movement of 
lint, linters, waste, seed cotton, cottonseed, cottonseed hulls, cake, 
and meal, and bale covers in accordance with the regulations in this 
subpart. ``Certification'' and ``certified'' shall be construed 
accordingly.
    (k) Permit. A type of general authorization issued by the Deputy 
Administrator of the Plant Protection and Quarantine Programs to allow 
the movement of lint, linters, waste other than seedy waste, cottonseed 
cake and meal, and bale covers in accordance with the regulations in 
this subpart.
    (l) Fumigated. Fumigated under the supervision of an inspector of 
the Plant Protection and Quarantine Programs in a fumigation plant 
approved by the Deputy Administrator of said Programs and in accordance 
with methods approved by him.
    (m) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved, 
directly or indirectly, from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States, into or through any other State, Territory, or 
District of the United States. ``Movement'' and ``move'' shall be 
construed accordingly.



Sec. 318.47-2  Articles the movement of which is prohibited or regulated.

    (a) Articles prohibited movement. The movement of seed cotton, 
cottonseed, and seedy waste, when unfumigated, is prohibited except as 
provided in Sec. 318.47-3(b)(2).
    (b) Articles the movement of which is regulated. Lint; linters; 
waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and 
bale covers may be moved upon compliance with the conditions prescribed 
in Sec. 318.47-3.



Sec. 318.47-3  Conditions governing the issuance of certificates and permits.

    (a) Fumigated lint; linters; waste; seed cotton; cottonseed; 
cottonseed hulls, cake, and meal; and bale covers. Lint; linters; waste; 
seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale 
covers, fumigated in the Territory or District of origin and so 
certified, are allowed unrestricted movement to any port.
    (b) Unfumigated lint, linters, waste, and bale covers. (1) 
Unfumigated Hawaiian, Puerto Rican, or Virgin Islands of the United 
States lint, linters, waste other than seedy waste, and bale covers will 
be allowed to move under permit, by all-water route, for entry only at 
the ports of Norfolk, Baltimore, New

[[Page 194]]

York, Boston, San Francisco, and Seattle, or other port of arrival 
designated in the permit, and at such designated port of arrival shall 
become subject to the regulations governing the handling of cotton 
imported from foreign countries.
    (2) Fumigation may be waived and certificates issued for lint, 
linters, and waste which have been determined by an inspector of the 
Plant Protection and Quarantine Programs to have been so manufactured or 
processed by bleaching, dyeing, or other means, as to have removed all 
seeds, or to have destroyed all insect life therein.
    (c) Cottonseed cake and meal. (1) Cottonseed cake and meal which 
have been inspected in the Territory or District of origin and certified 
by an inspector of the Plant Protection and Quarantine Programs as being 
free from contamination with whole, uncrushed cottonseed, will be 
allowed unrestricted movement to any port.
    (2) Hawaiian, Puerto Rican, and Virgin Islands of the United States 
cottonseed cake and meal, when neither fumigated nor inspected in 
accordance with the provisions of this section, will be allowed entry 
under permit through any port at which the services of an inspector are 
available, subject to examination by an inspector for freedom from 
contamination with uncrushed cottonseed. If found to be free from such 
contamination, the cottonseed cake or meal may be released from further 
entry restrictions. Cottonseed cake or meal found to be contaminated 
shall be refused entry or subjected as a condition of entry and release 
to such safeguards as may be prescribed by the inspector from such 
administratively approved methods as will, in his judgment, be necessary 
to eliminate infestations of the pink bollworm or cotton blister mite.



Sec. 318.47-4  Shipments by the Department of Agriculture.

    Cotton may be moved 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 Service.



    Subpart--Fruits and Vegetables From Puerto Rico or Virgin Islands

                               Quarantine



Sec. 318.58  Notice of quarantine.

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

[[Page 195]]

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

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

                          Rules and Regulations



Sec. 318.58-1  Definitions.

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

[[Page 196]]

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

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



Sec. 318.58-2  Regulated articles.

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

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

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

[[Page 197]]

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

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

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

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



Sec. 318.58-3  Conditions of movement.

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

[[Page 198]]

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

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



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

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

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



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

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

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

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

[[Page 199]]

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

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



Sec. 318.58-5  Application for inspection.

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

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



Sec. 318.58-6  Marking of containers.

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

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



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

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

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



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

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

[[Page 200]]

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

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



Sec. 318.58-9  Inspection of means of conveyance.

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

[54 FR 3581, Jan. 25, 1989]



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

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

[[Page 201]]

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

[[Page 202]]

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

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



Sec. 318.58-11  Disinfection of means of conveyance.

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

[67 FR 8465, Feb. 25, 2002]



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

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

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

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

[[Page 203]]

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

[[Page 204]]

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

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

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

[[Page 205]]

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

[[Page 206]]

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

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

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



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

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

[54 FR 3582, Jan. 25, 1989]



Sec. 318.58-14  Parcel post inspection.

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

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



Sec. 318.58-15  Costs and charges.

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

[54 FR 3583, Jan. 25, 1989]



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

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

[[Page 207]]

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

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



    Subpart--Sand, Soil, or Earth, with Plants from Territories and 
                                Districts



Sec. 318.60  Notice of quarantine.

    (a) The Secretary of Agriculture, having previously quarantined 
Hawaii and Puerto Rico to prevent the spread to other parts of the 
United States, by means of sand, soil, or earth about the roots of 
plants, of immature stages of certain dangerous insects, including 
Phyllophaga spp. (White grubs), Phytalus sp., and Adoretus sp., and of 
several species of termites or white ants, new to and not heretofore 
widely prevalent or distributed within and throughout the United States, 
now determines that it is necessary also to quarantine the Virgin 
Islands of the United States to prevent the spread of such dangerous 
insects from said Virgin Islands.
    (b) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the aforementioned dangerous insects.
    (c) Sand (other than clean ocean sand), soil, or earth around the 
roots of plants shall not be shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any person 
from Hawaii, Puerto Rico, or the Virgin Islands of the United States 
into or through any other State, Territory, or District of the United 
States: Provided, That the prohibitions of this section shall not apply 
to the movement of such products in either direction between Puerto Rico 
and the Virgin Islands of the United States: Provided further, That such 
prohibitions shall not prohibit the movement of such products by the 
United States Department of Agriculture for scientific or experimental 
purposes, nor prohibit the movement of sand, soil, or earth around the 
roots of plants which are carried, for ornamental purposes, on vessels 
into mainland ports of the United States and which are not intended to 
be landed thereat, when evidence is presented satisfactory to the 
inspector of the Plant Protection and Quarantine Programs of the 
Department of Agriculture that such sand, soil, or earth has been so 
processed or is of such nature that no pest risk is involved, or that 
the plants with sand, soil, or earth around them are maintained on board 
under such safeguards as will preclude pest escape: And provided 
further, That such prohibitions shall not prohibit the movement of plant 
cuttings or plants that have been (1) freed from sand, soil, and earth, 
(2) subsequently potted and established in sphagnum moss or other 
packing material approved under Sec. 319.37-16 that had been stored 
under shelter and had not been previously used for growing or packing 
plants, (3) grown thereafter in a manner satisfactory to an inspector of 
the Plant Protection and Quarantine Programs to prevent infestation 
through contact with sand, soil, or earth, and (4) certified by an 
inspector of the Plant Protection and Quarantine Programs as meeting the 
requirements of paragraphs (c) (1), (2), and (3) of this section.
    (d) As used in this section, the term State, Territory, or District 
of the United States means ``Guam, Hawaii, Puerto Rico, the Virgin 
Islands of the United States, or the continental United States.''

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]



                              Subpart--Guam

                               Quarantine



Sec. 318.82  Notice of quarantine.

    (a) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Guam is 
quarantined to prevent the spread of dangerous plant pest and diseases 
that are new to or not widely prevalent or distributed within and 
throughout the United States. Such plant pests and diseases include: 
Icerya aegyptiaca (Dougl.), Xanthomonas citri (Hasse) Dowson, 
Aleurocanthus

[[Page 208]]

spiniferus (Q.), Phyllocnistis citrella (Stainton), Coccus viridis 
(Green), Anomala sulcatula Burm., Furcaspis oceanica Ldgr., 
Stephanoderes hampei (Ferr.), Pectinophora scutigera (Holdaway), 
Bactrocera dorsalis Hend., Bactrocera cucurbitae (Coq.), Maruca 
testulalis (Geyer), Lampides boeticus (L.), Prays endocarpa Meyr., 
Prodenia litura (F.), Euscepes postfasciatus (Fairm.), Earias fabia 
(Stoll), Elsinoe batatas (Saw.) Viegas and Jenkins, Uredo dioscoreae-
alatae Rac., Cercospora batatae Zimm., Coniothyrium sp., Phyllosticta 
colocasiophila Weed., Xanthomonas vasculorum (Cobb) Dowson, Rhabdoscelus 
obscurus (Boisd.), Neomaskellia bergeii (Sign.), Pyrausta nubilalis 
(Hbn.), Physoderma zeaemaydis Shaw, Leptocorisa acuta (Thunb.), Adoretus 
sinicus Burm., and Holotrichia mindanaona Brenske. The regulations in 
this subpart govern the movement of carriers of these pests.
    (b) No plants or parts thereof capable of propagation; seeds; fruits 
or vegetables; cotton or cotton covers; sugarcane or parts or by-
products thereof; cereals; cut flowers; or packing materials; as such 
articles are defined in regulations supplemental hereto, shall be 
shipped, deposited for transmission in the mail, offered for shipment, 
received for transportation, carried, otherwise transported or moved, or 
allowed to be moved, by mail or otherwise, by any person from Guam into 
or through any other State, Territory, or District of the United States, 
in any manner or method or under conditions other than those prescribed 
in the regulations, as from time to time amended: Provided, That 
whenever the Deputy Administrator of the Plant Protection and Quarantine 
Programs shall find that existing conditions as to the pest risk 
involved in the movement from Guam of the articles designated herein, 
make it safe to modify, by making less stringent, the restrictions 
contained in any regulations in this subpart or in any other subpart in 
this chapter made applicable thereto by this subpart, he shall publish 
such findings in administrative instructions, specifying the manner in 
which the regulations should be made less stringent with respect to such 
movement, whereupon such modification shall become effective; or he may, 
when the public interests will permit in specific cases, upon 
notification to the consignor and to the consignee, authorize the 
interstate movement from Guam of the articles to which such regulations 
apply, under conditions that are less stringent than those contained in 
the regulations.
    (c) Regulations governing the movement of live plant pests 
designated in this section are contained in Part 330 of this chapter.

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]

                               Regulations



Sec. 318.82-1  Definitions.

    Words used in the singular form in this subpart shall be deemed to 
import the plural and vice versa, as the case may demand. For the 
purposes of this subpart, unless the context otherwise requires, the 
following words shall be construed, respectively, to mean:
    (a) Plants. Trees, shrubs, vines, cuttings, grafts, scions, buds, 
herbaceous plants, bulbs, roots, and other plants and plant parts 
intended for propagation.
    (b) Seeds. The mature ovular bodies produced by flowering plants, 
containing embryos capable of developing into new plants by germination.
    (c) Fresh fruits and vegetables. The edible, more or less succulent, 
portions of food plants in the raw or unprocessed state.
    (d) Cotton and cotton covers. 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 secondhand 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.
    (e) Sugarcane or parts or by-products thereof. Stems of sugarcane 
(Saccharum spp.), or cuttings or parts

[[Page 209]]

thereof, sugarcane leaves, or bagasse or other parts of sugarcane 
plants, except seeds, not sufficiently processed to remove plant pest 
danger.
    (f) Cereals. Seed and other plant parts of all members of the grass 
family (Gramineae) which yield grain or seed suitable for food, 
including, but not limited to, wheat, rice, corn and related plants. 
This definition shall include straw, hulls, chaff and products of the 
milling process (but excluding flour) of such grains and seeds as well 
as stalks and all other parts of broomcorn.
    (g) Cut flower. The highly perishable commodity known in the 
commercial flower-producing industry as a cut flower, and being the 
severed portion of a plant, including the inflorescence, and any parts 
of the plant attached thereto, in a fresh state.
    (h) Packing materials. Any plant or plant product, or soil as 
defined in Sec. 330.100(t) of this chapter, or other substance 
associated with or accompanying any commodity or shipment to serve for 
filling, wrapping, ties, lining, mats, moisture retention, protection, 
or any other auxiliary purpose. 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.
    (i) Administrative instructions. Published documents relating to the 
enforcement of the regulations in this subpart, issued under the 
authority of such regulations by the Deputy Administrator of the Plant 
Protection and Quarantine Programs.
    (j) State, Territory, or District of the United States. Guam, 
Hawaii, Puerto Rico, the Virgin Islands of the United States, or the 
continental United States (including Alaska).
    (k) United States. The States, the District of Columbia, Guam, 
Hawaii, Puerto Rico, and the Virgin Islands of the United States.
    (l) Oceania. The islands of the Central and South Pacific, including 
Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, 
and the Malay Archipelago.
    (m) Far East. The countries of East and Southeast Asia, including 
Japan, Korea, Taiwan, the northeastern provinces of Manchuria, the 
Philippines, Indo-China, and India.



Sec. 318.82-2  Movement of regulated articles.

    (a) Plants, plant products, and other articles designated in 
Sec. 318.82 may be moved from Guam into or through any other State, 
Territory, or District of the United States only if, in the case of 
articles other than soil, they meet the strictest plant quarantine 
requirements for similar articles offered for entry into such State, 
Territory, or District from Oceania or the Far East under part 319 or 
part 321 of this chapter, except requirements for permits, foreign 
inspection certificates, notices of arrival, and notices of shipment 
from port of arrival, and in the case of soil if it meets the 
requirements of Sec. 330.300 of this chapter. If such similar articles 
cannot be imported into the particular State, Territory, or District 
from Oceania or the Far East under either part 319 or part 321 of this 
chapter, the interstate movement of the articles from Guam into or 
through such State, Territory or District shall be similarly prohibited. 
Plants, plant products, and other articles moved from Guam into or 
through any other State, Territory or District of the United States 
shall be subject to inspection at the port of first arrival in another 
part of the United States to determine whether they are free of plant 
pests and otherwise meet the requirements applicable to them under this 
subpart, and shall be subject to release, in accordance with 
Sec. 330.105(a) of this chapter as if they were foreign arrivals. Such 
articles shall be released only if they meet all applicable requirements 
under this subpart.
    (b) A release may be issued orally by the inspector when inspection 
of small quantities of regulated articles is involved except that a 
release issued in specific cases pursuant to the proviso in Sec. 318.82 
shall be in writing.
    (c) The appropriate provisions of part 352 of this chapter are 
hereby made applicable to the safeguarding of regulated articles from 
Guam temporarily in parts of the United States other than Guam, when 
landing therein is not intended or landing has been refused in 
accordance with this subpart.

[[Page 210]]

The movement of plant pests, means of conveyance, plants, plant 
products, and other products and articles from Guam into or through any 
other State, Territory, or District is also regulated by part 330 of 
this chapter.



Sec. 318.82-3  Costs.

    All costs incident to the inspection, handling, cleaning, 
safeguarding, treating, or other disposal of products or articles under 
this subpart, except for the services of an inspector during regularly 
assigned hours of duty and at the usual places of duty, shall be borne 
by the owner.



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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ Applications for permits should be made to Plant Importations 
Branch, Plant Protection and Quarantine Programs, 209 River Street, 
Hoboken, N.J. 07030.
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \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\ 
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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,
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    \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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \2\ See footnote 1 in paragraph (a) of this section.
---------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \3\ See footnote 1 in paragraph (a) of this section.
---------------------------------------------------------------------------

    (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.
---------------------------------------------------------------------------

    (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).



319.73-4  Costs.

    All costs of inspection, packing materials, handling, cleaning, 
safeguarding, treating, or other disposal of products or articles under 
this subpart will be borne by the owner, importer, or agent of the owner 
or importer, including a broker. The services of an inspector during 
regularly assigned hours of duty and at the usual places of duty will be 
furnished without cost to the importer.



                          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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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\
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \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]



PART 322--HONEYBEES AND HONEYBEE SEMEN--Table of Contents




Sec.
322.1  Importation of honeybees and honeybee semen.
322.2  Definitions.
322.3  Permits.
322.4  Inspections.
322.5  Marking and shipping.
322.6  Arrival notification.
322.7  Costs and charges.
322.8  Ports of entry.

    Authority: 7 U.S.C. 281; 7 CFR 2.22, 2.80, and 371.3.

    Source: 50 FR 25689, June 21, 1985, unless otherwise noted.



Sec. 322.1  Importation of honeybees and honeybee semen.

    (a) No persons may import honeybees or honeybee semen, except as 
otherwise provided in this part.
    (b) Honeybees or honeybee semen from Canada may be imported into the 
United States without any further restrictions under this part.
    (c) Honeybee semen from any country listed below is designated as a 
restricted article and may be imported only in accordance with the 
provisions in this part.

Australia
Bermuda
France
Great Britain
Sweden

    (d) Honeybees from any country or locality other than Canada, may be 
imported without complying with other provisions of this part 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 
honeybees and kept on file at the port of entry;

[[Page 372]]

    (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 diseases or parasites harmful to 
honeybees, or genetically undesirable germ plasm of honeybees, 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, and with such tag or label bearing the 
name of the person to whom the permit is issued.
    (e) Honeybees and honeybee semen from New Zealand may transit the 
United States en route to another country under the following 
conditions:
    (1) The honeybees or honeybee semen must be accompanied by a 
certificate issued by the New Zealand Department of Agriculture 
certifying that the honeybees or honeybee semen were derived in or 
shipped from an apiary in New Zealand;
    (2) The honeybees or honeybee semen must be shipped nonstop to the 
United States for transit to another country;
    (3) The honeybees must be contained in cages that are completely 
enclosed by screens with mesh fine enough to prevent the honeybees from 
passing through. Each pallet of cages must then be covered by an escape-
proof net that is secured tightly to the pallet so that no honeybees can 
escape from underneath the net;
    (4) The honeybees must be shipped by air through a port staffed by 
an inspector.\1\ The honeybees may be transloaded from one aircraft to 
another at the port of arrival in the United States, provided the 
transloading is done under the supervision of an inspector and the area 
used for any storage of the honeybees between flights is within a 
completely enclosed building.
---------------------------------------------------------------------------

    \1\ For a list of ports staffed by inspectors, contact the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (5) At least 2 days prior to the expected date of arrival of 
honeybees at a port in the United States, the shipper must notify the 
APHIS Officer in Charge at the port of arrival of the following: the 
date of arrival and departure; the name and address of both the shipper 
and receiver; the quantity of queens and the number of cages of package 
honeybees in the shipment; and, the name of the airline carrying the 
shipment.
    (f) Any honeybees or honeybee semen offered for import or 
intercepted entering the United States and not in compliance with this 
part shall be immediately exported from the United States by the 
importer or shall be destroyed by an inspector. Pending exportation or 
destruction, the honeybees or honeybee semen shall be subject to the 
immediate application of such safeguards against escape of diseases or 
parasites harmful to honeybees, or undesirable species or subspecies of 
honeybees, as the inspector determines necessary to prevent the 
introduction into the United States of diseases or parasites harmful to 
honeybees, or undesirable species or subspecies of honeybees.

(Approved by the Office of Management and Budget under control number 
0579-0072)

[50 FR 25689, June 21, 1985, as amended at 59 FR 656, Jan. 6, 1994; 59 
FR 67133, Dec. 29, 1994; 60 FR 6000, Feb. 1, 1995]



Sec. 322.2  Definitions.

    Terms used in the singular form in this part shall be construed as 
the plural, and vice versa, as the case may demand. The following terms, 
when used in this part, shall be construed respectively, to mean:
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection 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.
    Diseases harmful to honeybees. Honeybee diseases, including but not 
limited to diseases caused by Aspergillus spp., Bacillus spp., 
Ascosphaera spp., Kashmir virus, and Saccharomyces spp.
    Honeybee. Any live honeybee of the genus Apis in any life stage and 
the germplasm of honeybees of the genus Apis, except honeybee semen.

[[Page 373]]

    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 
the law to enforce the provisions of this part.
    Parasites harmful to honeybees. Honeybee parasites, including but 
not limited to Varroa jacobsoni, Euvarrao sinhai, Tropilaelaps clareae, 
and Acarapis woodi.
    Person. Any individual, corporation, company, society, association, 
or any other organized group.
    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 
Honeybee Act, as amended, and regulations promulgated thereunder.
    Restricted article. Any honeybee semen from countries listed in 
Sec. 322.1(c).
    Undesirable species of subspecies of honeybees. Apis mellifera 
adansonii, commonly known as the African honeybee, and its hybrids; and 
Apis mellifera capensis, commonly known as the Cape honeybee.
    United States. The States, District of Columbia, American Samoa, 
Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands of 
the United States.



Sec. 322.3  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 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 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) Amount of semen indicated to be imported and species or 
subspecies of the honeybees from which the semen was collected;
    (3) Country or locality of origin;
    (4) Intended United States port of entry;
    (5) Means of transportation; and
    (6) Expected date of arrival.
    (c) After receipt and review of the application by Plant Protection 
and Quarantine, a written permit indicating the applicable conditions in 
this subpart for importation shall be issued for the importation of the 
articles specified in the application if such articles appear to be 
eligible to be imported. Even though a written permit has been issued 
for the importation of an article, it may be moved into the United 
States from the port of entry only if all requirements of this subpart 
are met and only if an inspector at the port of entry does not determine 
that emergency measures are necessary with respect to such article to 
assure that diseases or parasites harmful to honeybees and that 
undesirable species or subspecies of honeybees are not introduced into 
the United States.
    (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

[[Page 374]]

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 25689, June 21, 1985, as amended at 59 FR 67133, Dec. 29, 1994; 
59 FR 67610, Dec. 30, 1994]



Sec. 322.4  Inspections.

    Any restricted article is subject to inspection by an inspector at 
the time of importation for the purpose of determining whether such 
article is eligible to be imported.



Sec. 322.5  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 the 
following information:
    (1) Amount of semen and species or subspecies of the honeybees from 
which the semen was collected,
    (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 restricted article for importation by mail must be addressed 
and mailed to Plant Protection and Quarantine at a place specified in 
Sec. 322.8; 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) Species or subspecies of the honeybees from which the semen was 
collected,
    (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.

(Approved by the Office of Management and Budget under control number 
0579-0072)

[50 FR 25689, June 21, 1985, as amended at 59 FR 67133, Dec. 29, 1994]



Sec. 322.6  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. 322.7  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.2 Plant Protection and Quarantine will not be 
responsible for any costs or charges, other than those indicated in this 
section.
---------------------------------------------------------------------------

    \2\ Provisions relating to costs for other services of an inspector 
are contained in 7 CFR part 354.
---------------------------------------------------------------------------



Sec. 322.8  Ports of entry.

    (a) Any restricted article may be imported only at a port of entry 
listed in Sec. 319.37-14(b) of this chapter.



PART 330--FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE--Table of Contents




                       Subpart--General Provisions

Sec.
330.100  Definitions.
330.101  Policy.
330.102  Basis for certain regulations.
330.103  Documentation.
330.104  Ports of entry.
330.105  Inspection.
330.106  Emergency measures.
330.107  Costs.
330.108  Authority to issue administrative instructions.
330.109  Caution.
330.110  Seals.
330.111  Advance notification of arrival of aircraft and watercraft.

                    Subpart--Movement of Plant Pests

330.200  Movement of plant pests regulated; permits required.
330.201  Applications for permits to move plant pests.

[[Page 375]]

330.202  Consideration of applications for permits to move plant pests.
330.203  Action on applications for permits to move plant pests; form of 
          and conditions in permits.
330.204  Denial or cancellation of permits; reconsiderations.
330.205  Disposal of plant pests when permits are canceled.
330.206  Permits for plant pest movement associated with National 
          Defense projects.
330.207  Permits for movement of organisms issued by other agencies.
330.208  Courtesy permits.
330.209  Permits for means of conveyance.
330.210  Packing materials and containers for plant pest movement; host 
          materials.
330.210a  Administrative instructions listing approved packing materials 
          for plant pests.
330.211  Labeling of plant pests for movement under permits.
330.212  Movement of plant pests by baggage.

          Subpart--Movement of Soil, Stone, and Quarry Products

330.300  Soil from foreign countries or Territories or possessions.
330.300a  Administrative instructions exempting soil from parts of 
          Canada from certain restrictions.
330.301  Stone and quarry products from certain areas in Canada.
330.302  Domestic movements of earth (including soil), stone, etc.

                            Subpart--Garbage

330.400  Regulation of certain garbage.

    Authority: 7 U.S.C. 450, 2260, 7711, 7712, 7714, 7718, 7731, 7734, 
7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 136, and 136a; 31 
U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.3.

    Source: 24 FR 10825, Dec. 29, 1959, unless otherwise noted.



                       Subpart--General Provisions



Sec. 330.100  Definitions.

    Words used in the singular form in the regulations in this part 
shall be deemed to impart the plural and vice versa, as the case may 
demand. For the purposes of this part, unless the context otherwise 
requires, the following words shall be construed, respectively, to mean:
    Administrative instructions. Published documents relating to the 
enforcement of the regulations in this part, issued under authority of 
such regulations by the Deputy Administrator.
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service of the Department, or any officer or employee of the 
Animal and Plant Health Inspection Service to whom authority has 
heretofore been delegated or may hereafter be delegated to act in his/
her stead.
    Continental United States. The 49 States located on the continent of 
North America and the District of Columbia.
    Customs. The Bureau of Customs, U.S. Treasury Department, or, with 
reference to Guam, the Customs office of the Government of Guam.
    Department. The U.S. Department of Agriculture.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs of the Animal and Plant Health 
Inspection Service of the Department, or any officer or employee of the 
Plant Protection and Quarantine Programs to whom authority has 
heretofore been delegated or may hereafter be delegated to act in his 
stead.
    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.
    Garbage. That material designated as ``garbage'' in Sec. 330.400(b).
    Inspector. A properly identified employee of the U.S. Department of 
Agriculture or other person authorized by the Department to enforce the 
provisions of the Plant Protection Act and related legislation, 
quarantines, and regulations.
    Interstate. From one State, Territory or possession or the District 
of Columbia into or through any other State, Territory or possession, or 
the District of Columbia. This term includes movements, within its 
provisions, to a port in the United States for export.
    Means of conveyance. Automobiles, trucks, animal-drawn vehicles, 
railway cars, aircraft, boats, and other means of transportation.
    Move (moved and movement). ``Move'' means ship, deposit for 
transmission in the mail, otherwise offer for shipment, offer for entry, 
import, receive for

[[Page 376]]

transportation, carry, or otherwise transport or move, or allow to be 
moved, by mail or otherwise. ``Moved'' and ``movement'' shall be 
construed accordingly.
    Owner. The owner, or his agent (including a carrier), having 
responsible custody of a plant pest, means of conveyance, product or 
article subject to the regulations in this part.
    Permit. An authorization allowing the movement into or through the 
United States, or interstate, of a plant pest, or a regulated product, 
article, or means of conveyance in accordance with the provisions in 
this part.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
    Plant pest. (1) Except for Secs. 330.200 through 330.212, ``plant 
pest'' means any 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.
    (2) For purposes of Secs. 330.200 through 330.212, plant pest means 
any living stage of 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 of the 
aforementioned which are not genetically engineered as defined in 7 CFR 
340.1 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 Act. Title IV of Public Law 106-224, 114 Stat. 438, 
7 U.S.C. 7701-7772, which was enacted June 20, 2000.
    Plant Protection and Quarantine Programs. The Plant Protection and 
Quarantine Programs, Animal and Plant Inspection Health Service of the 
Department.
    Regulated garbage. That material designated as ``regulated garbage'' 
in Sec. 330.400(c) and Sec. 330.400(d).
    Shelf-stable. The condition achieved in a product, by application of 
heat, alone or in combination with other ingredients and/or other 
treatments, of being rendered free of microorganisms capable of growing 
in the product at nonrefrigerated conditions (over 50  deg.F. or 10 
deg.C.).
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material and soluble salts.
    Territories or possessions. Guam, the Northern Mariana Islands, 
Puerto Rico, and the Virgin Islands of the United States.
    Through the United States. From and to places outside the United 
States.
    United States. The States, the District of Columbia, Guam, the 
Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the 
United States.

[24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 
39 FR 32320, Sept. 6, 1974; 43 FR 39954, Sept. 9, 1978; 45 FR 80268, 
Dec. 4, 1980; 52 FR 22907, June 16, 1987; 52 FR 49344, Dec. 31, 1987; 53 
FR 49976, Dec. 13, 1988; 66 FR 21058, Apr. 27, 2001]



Sec. 330.101  Policy.

    The purpose of the regulations in this part is to prevent the 
dissemination of plant pests into the United States, or interstate, by 
regulating the movement of plant pests into or through the United 
States, or interstate, and the movement of means of conveyance, earth, 
stone and quarry products, garbage, and certain other products and 
articles into or through the United States, or from any Territory or 
possession into or through any other Territory or possession or the 
continental United States. The Deputy Administrator shall employ 
procedures to carry out this purpose which will impose a minimum of 
impediment to foreign commerce and travel whenever practicable, 
consistent with proper precaution against plant pest dissemination. The 
same policy is to be applied in the case of interstate commerce and 
travel.

[[Page 377]]



Sec. 330.102  Basis for certain regulations.

    Under the authority of the Plant Protection Act, the Secretary may 
prohibit or restrict the importation, entry, exportation, or movement in 
interstate commerce of any plant, plant product, biological control 
organism, noxious weed, article (including baggage, mail, garbage, 
earth, stone, and quarry products) or means of conveyance if such 
actions are necessary to prevent the introduction into or the 
dissemination within the United States of a plant pest or noxious weed.

[66 FR 21058, Apr. 27, 2001]



Sec. 330.103  Documentation.

    Any notifications, reports, and similar documentation not specified 
in the regulations in this part, but necessary to carry out the purpose 
of the regulations, will be prescribed in administrative instructions.



Sec. 330.104  Ports of entry.

    Ports of entry for plant pests, means of conveyance, or other 
products or articles of any character whatsoever the entry or movement 
of which is regulated by the regulations in this part may be specified 
in administrative instructions or in the permits if permits are required 
by the regulations. Such ports shall be selected by the Deputy 
Administrator from ports named in 19 CFR 1.2 as ``ports of entry'' for 
the purpose of enforcing the customs laws or named in 19 CFR 6.13 as 
``international airports,'' or airports at which permission to land 
aircraft has been granted by the Commissioner of Customs or by the 
Collectors of Customs in accordance with 19 CFR 6.2. Except as otherwise 
provided by administrative instructions, or by permits issued in 
accordance with this part, the ports of entry shall be those named in 19 
CFR 1.2 and 6.13. The port of entry in Guam shall be Agana unless 
otherwise specified in the permit by the Deputy Administrator.



Sec. 330.105  Inspection.

    (a) Inspection of foreign arrivals. In order to prevent the 
dissemination into the United States of plant pests and for the purpose 
of carrying out the regulations in this part, all plant pests; means of 
conveyance and their stores; baggage; mail; plants; plant products; 
soil; stone and quarry products under Sec. 330.300; garbage; and any 
other product or article of any character whatsoever which an inspector 
considers may be infested or infected by or contain a plant pest, 
arriving in the United States from any place outside thereof for entry 
into or movement through the United States shall be subject to 
inspection by an inspector at the port of first arrival, except that 
mail will be handled in accordance with the joint customs and postal 
regulations for inspecting and handling mail. No such plant pests; means 
of conveyance or their stores; baggage; mail; plants; plant products; 
soil; stone or quarry products under Sec. 330.300; garbage; or other 
products or articles which an inspector notifies the Customs authorities 
should be held for inspection shall be released by Customs officers for 
entry or onward movement until released by an inspector. The release of 
all means of conveyance, products and articles regulated under parts 
319, 321, and 352 of this chapter shall be in accordance with the 
requirements of those parts and the applicable provisions in this part. 
Whenever it shall be deemed safe to modify the requirements of this 
section by exempting any class of means of conveyance, products or 
articles from the requirement that they be held for inspection and 
release of the inspector, the exemptions shall be specified in 
administrative instructions. Inspectors shall make local arrangements, 
in accordance with policies of the Plant Protection and Quarantine 
Programs, with the Collector of Customs for the release by Customs 
officers on behalf of the inspector of any class of means of conveyance, 
their stores, baggage, mail, or other products or articles when such 
arrangements do not increase unduly the danger of plant pest 
dissemination and will facilitate clearance of means of conveyance, 
baggage, mail, or other products or articles.
    (b) Inspection of domestic movements. For the purpose of preventing 
the interstate movement of plant pests, provisions requiring inspection 
of means of conveyance and products or articles moving interstate may be

[[Page 378]]

issued as regulations in association with quarantines in part 301 or 
part 318 of this chapter or in this part.

    Note: Notices appearing at 24 FR 4650, June 9, 1959, 24 FR 5363, 
July 2, 1959, 24 FR 6889, August 26, 1959, and 24 FR 7519, September 18, 
1959, provide in part as follows: That means of conveyance subject to 
such inspection and release requirements and arriving at any port of 
entry outside the regularly assigned hours of duty of the Federal plant 
quarantine inspector, will be held for such inspection and release, 
until the regularly assigned hours of duty. However, notice is also 
hereby given that pursuant to the provisions of the Act of August 28, 
1950 (7 U.S.C. 2260) such inspection service outside of the regularly 
assigned hours of duty may be made available to any interested person, 
upon a reimbursable basis and in accordance with applicable regulations, 
upon request to the Plant Quarantine Inspector in Charge at such port.
    Information concerning regularly assigned hours of duty for Federal 
plant quarantine inspectors at each port where such inspection is 
available may be obtained locally by application to the Plant Quarantine 
Inspector in Charge at such port.

[24 FR 10825, Dec. 29, 1959, as amended at 62 FR 65009, Dec. 10, 1997]



Sec. 330.106  Emergency measures.

    (a) Procedures to prevent pest dissemination. Whenever inspection of 
any means of conveyance, stores, baggage, mail, plants, plant products, 
earth, stone and quarry products, garbage, or other products or articles 
of any character whatsoever, arriving in the United States from a place 
outside thereof, or moving interstate, discloses a plant pest, or 
provides a reason to believe such a pest is present (other than one 
moving under permit in accordance with any conditions in the permit and 
the provisions in this part) which is new to, or not theretofore known 
to be widely prevalent or distributed within and throughout the United 
States, the inspector shall employ procedures necessary to prevent the 
dissemination of the plant pest. Such procedures shall also be employed 
with respect to means of conveyance or products or articles of any 
character whatsoever which have moved into the United States or 
interstate and which the inspector has reason to believe were infested 
or infected by or contained any such plant pest at the time of such 
movement. The inspector may follow administrative instructions 
containing procedures prescribed for certain situations, or he may 
follow a procedure selected by him from administratively approved 
methods known to be effective. The procedure may involve seizure, 
quarantine, treatment, application of other remedial measures, 
exportation, return to shipping point of origin, destruction, or other 
disposal, but no means of conveyance, product, article, or plant pest 
owned by any person shall be destroyed, exported, or returned to 
shipping point of origin or ordered to be so handled, unless there is, 
in the opinion of the inspector, no less drastic action adequate to 
prevent the dissemination of the plant pest. In forming such an opinion 
that no less drastic action is adequate, the inspector shall be guided 
by applicable specific and general instructions received from officers 
of the Plant Protection and Quarantine Programs. This section does not 
authorize action with respect to any means of conveyance, product, 
article, or plant pest which, at the time of the proposed action, is 
subject to disposal under the Plant Protection Act. In taking action 
with respect to any means of conveyance, product, article, plant pest, 
the inspector shall take cognizance of applicable requirements of the 
customs and postal laws and regulations.
    (b) Orders for remedial measures. The inspector may order the owner 
of any means of conveyance, product, article, or plant pest, subject to 
disposal under paragraph (a) of this section, to treat, apply other 
remedial measures, destroy, or make other disposal thereof without cost 
to the Federal Government and in a manner specified in accordance with 
paragraph (a) of this section.
    (c) Failure to apply remedial measures. If the measures required by 
the inspector are not applied promptly by the owner within the time 
limits specified by the inspector, the inspector shall apply measures 
necessary to prevent the dissemination of the plant pests.
    (d) Khapra beetle infestations of means of conveyance, or cargo or 
stores thereof; other infestations. As a means of preventing the 
dissemination into the United States, or interstate, of the khapra 
beetle (Trogoderma granarium

[[Page 379]]

Everts), the following procedures will be applicable when that insect is 
found, or there is reason to believe it is present, in a means of 
conveyance within paragraph (a) of this section, or in any cargo or 
stores in such a means of conveyance, or in any cargo or stores unloaded 
or landed, or being unloaded or landed, in the United States therefrom. 
These procedures will also apply with respect to other plant pests when 
the inspector finds they are necessary and sufficient to prevent the 
spread of such pests.
    (1) Infestation in storerooms and similar compartments of means of 
conveyance (except aircraft). (i) When infestation is found only in 
stores or storerooms, galleys, pantries, or similar noncargo 
compartments of a means of conveyance, except aircraft, the inspector 
shall prescribe and supervise the application of such remedial measures 
as, in his opinion, will be effective under conditions that will not 
spread the infestation to other parts of the means of conveyance, or to 
adjacent piers or other installations. If, in the opinion of the 
inspector, fumigation is the only available safeguard to eliminate the 
infestation, he shall order the owner to arrange for immediate 
fumigation of the infested stores and portions of the means of 
conveyance.
    (ii) If the means of conveyance is to leave the territorial limits 
of the United States directly for a port in another country within 24 
hours of such order, the inspector may suspend compliance with the 
fumigation requirement pending departure from the United States. Pending 
fumigation or departure, the inspector may seal the openings of infested 
compartments, packages, or articles, if in his opinion the action is 
necessary to prevent plant pest dissemination while the means of 
conveyance remains in the teritorial limits of the United States, as 
authorized in Sec. 330.110. The inspector may extend the 24-hour period 
to 48 hours, if, in his judgment, such extension is warranted by plans 
of the owner to remove the means of conveyance from the territorial 
limits of the United States within the extended period, the inability of 
the contractor to begin fumigation within the 24-hour period, or other 
reason deemed valid by the inspector. Further extension shall be given 
only under authority of the Deputy Administrator. Pending compliance 
with the requirement of fumigation, or the departure from the 
territorial limits of the United States directly for a port in another 
country, no stores, laundry, furnishings or equipment, or other articles 
or products whether in cargo or stores, shall be unloaded from the means 
of conveyance except as authorized by the inspector and under conditions 
prescribed by him. The owner of an infested means of conveyance under 
notice for fumigation which leaves the territorial limits of the United 
States without fumigation should arrange for the eradication of the 
infestation before returning to the same or another port in the United 
States. Upon return to a port in the United States and unless the 
infestation has been eliminated to the satisfaction of the inspector, 
the means of conveyance shall be subject to fumigation immediately upon 
arrival in the United States. Unloading or landing of any product or 
article shall not be permitted pending compliance with the fumigation 
requirement, except as authorized by the inspector and under conditions 
prescribed by him.
    (iii) If the means of conveyance is to remain at the port where the 
infestation was found or is to be moved to another port in the United 
States, the inspector shall prescribe and supervise the application of 
the remedial measures at the port where the infestation is found, as 
provided in this paragraph, or he may authorize the means of conveyance 
to be moved to another port for fumigation or the application of other 
remedial measures under safeguards prescribed by him.
    (iv) In all instances where the inspector prescribed procedures 
concerned with the application of remedial measures which involve (a) 
withholding permission to discharge articles or products; (b) permission 
to discharge after such permission has been withheld; (c) discontinuance 
of discharging; or (d) resumption of discharging after it has been 
discontinued, the appropriate Customs officer shall be immediately 
notified in writing. The inspector shall also inform the Customs 
officers at the port where the infestation is found and at

[[Page 380]]

such other ports as may be necessary of the requirement for fumigation 
and/or permission to move coastwise to another U.S. port for fumigation 
or other remedial measures.
    (2) Infestation in cargo compartments of means of conveyance (except 
aircraft). When infestation is found in cargo compartments or in cargo 
of a means of conveyance, except aircraft, the inspector shall prescribe 
and supervise the application of such remedial measures as, in his 
opinion are necessary, with respect to the cargo and the portions of the 
means of conveyance which contain or contained or were contaminated by 
the infested cargo. If in the opinion of the inspector fumigation is the 
only available safeguard to eliminate the infestation, he shall order 
the owner to arrange for immediate fumigation of the infested portions 
of such means of conveyance and cargo. However, if such cargo 
compartments cannot be fumigated without fumigating the entire means of 
conveyance, the inspector may order the entire means of conveyance and 
cargo to be fumigated. The inspector shall notify the owner of the means 
of conveyance of such requirement and the owner shall arrange for 
immediate fumigation. Discharge of cargo shall be discontinued unless 
the inspector allows it to continue under safeguards to be prescribed by 
him. The provisions applicable to stores and storerooms in paragraph 
(d)(1) (ii) and (iii) of this section shall apply to cargo and cargo 
areas of such means of conveyance. Customs officers shall be informed as 
required in paragraph (d)(1)(iv) of this section.
    (3) Infestation in an aircraft. If infestation is found in an 
aircraft, the inspector may apply seals as provided in Sec. 330.110, and 
he may require such temporary safeguards as he deems necessary, 
including the discontinuance of further unloading or landing of any 
products or articles except as authorized by him. Upon finding such 
infestation in an aircraft the inspector shall promptly notify the Plant 
Protection and Quarantine Programs of all circumstances and the 
temporary safeguards employed, and the Plant Protection and Quarantine 
Programs will specify the measures for eliminating the infestation which 
will not be deleterious to the aircraft or its operating components. Any 
insecticidal application required shall be approved by the Deputy 
Administrator for use in aircraft. If the aircraft is to depart from the 
territorial limits of the United States within 24 hours after the 
infestation is found, the inspector shall permit such departure in lieu 
of the application of other measures and shall prior to departure break 
any seals that would prevent access to the aircraft or safe operation 
thereof. Other seals shall remain intact at time of departure and shall 
be broken by the aircraft commander or a crew member upon his order only 
after the aircraft is beyond the territorial limits of the United 
States. Extension of the 24-hour period shall be given only under 
authority of the Deputy Administrator. The owner of the aircraft under 
notice of khapra beetle infestation which leaves the territorial limits 
of the United States before the infestation has been eradicated should 
arrange for eradication before returning the aircraft to the United 
States. Upon return to the United States, if the infestation is not 
eliminated to the satisfaction of the inspector, the aircraft shall be 
subject to the same disinfestation requirements and other safeguards 
immediately upon arrival in the United States. Customs officers shall be 
notified as required in paragraph (d)(1)(iv) of this section.
    (4) Precautions. The owner of a means of conveyance required to be 
fumigated pursuant to this section shall arrange with a competent 
operator to apply the fumigant under the supervision of the inspector. 
The owner shall understand that if certain fumigants are used they may 
result in residues in or on foodstuffs which may render them unsafe for 
use as food items. He is hereby warned against such use unless as 
ascertains that the fumigated foodstuffs are fit for human consumption. 
It should also be understood by the owner that emergency measures 
prescribed by the inspector to safeguard against dissemination of 
infestation may have adverse effects on certain products and articles, 
and that the acceptance of fumigation as a requirement is an alternative 
to the immediate removal of the infested means of conveyance and any 
products and articles thereon, from the

[[Page 381]]

territorial limits of the United States. Products or articles in a means 
of conveyance, or compartments thereof, which may be exposed to methyl 
bromide or other remedial measures and may be adversely affected 
thereby, may be removed from the means of conveyance or compartments 
thereof prior to the application of the remedial measures if in the 
opinion of the inspector this can be done without danger of plant pest 
dissemination and under conditions authorized by him, for additional 
inspection and/or application of effective remedial measures.

[24 FR 10825, Dec. 29, 1959, as amended at 25 FR 8989, Sept. 20, 1960; 
32 FR 6339, Apr. 21, 1967; 36 FR 24917, Dec. 24, 1971; 66 FR 21058, Apr. 
27, 2001]



Sec. 330.107  Costs.

    All costs (including those incurred under Sec. 330.106 of this part 
by the government or the owner) incident to the inspection, handling, 
cleaning, safeguarding, treating, or other disposal of means of 
conveyance or products, articles, or plant pests under this part shall 
be borne by the owner. Services of the inspector during regularly 
assigned hours of duty at the usual places of duty shall be furnished 
without cost to the person requesting the services, unless a user fee is 
payable under Sec. 354.3 of this chapter.

    Cross reference: See note following Sec. 330.105.

[56 FR 14844, Apr. 12, 1991]



Sec. 330.108  Authority to issue administrative instructions.

    The Deputy Administrator is authorized to issue the administrative 
instructions for which provision is made in the regulations in this 
part, for the purpose of preventing dissemination of plant pests into 
the United States or interstate. In addition, whenever the Deputy 
Administrator shall find that existing conditions as to pest risk 
involved in the movement of plant pests, means of conveyance, or other 
products or articles to which the regulations in this part 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.



Sec. 330.109  Caution.

    In applying treatments or taking other measures prescribed in 
administrative instructions or by the inspector, it should be understood 
that inexactness or carelessness may result in injury or damage.



Sec. 330.110  Seals.

    (a) Use authorized; form. Whenever, in the opinion of the inspector, 
it is necessary, as a safeguard in order to prevent the dissemination of 
plant pests into the United States, or interstate, seals may be applied 
to openings, packages, or articles requiring the security provided by 
such seals. The words ``openings, packages, or articles'' shall include 
any form of container, shelf, bin, compartment, or other opening, 
package, or article which the inspector may have occasion to seal in 
lieu of more drastic action or otherwise, as a safeguard against plant 
pest dissemination. The seals may be automatic metal seals or labels or 
tags and will be provided by the Plant Protection and Quarantine 
Programs. When they consist of a label or tag, they will be printed in 
black ink on yellow paper and read substantially as follows: ``Warning! 
The opening, package, or article to which this seal is affixed is sealed 
under authority of law. This seal is not to be broken while within the 
territorial limits of the United States except by, or under instructions 
of, an inspector.''
    (b) Breaking of seals. Seals may be broken: (1) By an inspector; (2) 
by a Customs officer for Customs purposes, in which case the opening, 
package, or article will be resealed with Customs seals; (3) by the 
owner or his agent when the means of conveyance, product, or article has 
left the territorial limits of the United States; (4) by any person 
authorized by the inspector or the Deputy Administrator under conditions 
specified by the inspector or Deputy Administrator. No person shall 
break seals applied under authority of this section except as provided 
in this paragraph. The movement into or

[[Page 382]]

through the United States, or interstate, of any means of conveyance or 
product or article on which a seal, applied under this paragraph, has 
been broken in violation of this paragraph is hereby prohibited, except 
as authorized by an inspector.
    (c) Notice of sealing. When an inspector seals any opening, product 
or article, he shall explain the purpose of such action to the owner or 
his representative and shall present him with a written notice of the 
conditions under which the seal may be broken, if requested to do so.

[25 FR 8990, Sept. 20, 1960, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 330.111  Advance notification of arrival of aircraft and watercraft.

    The owner, operator, or other representative of any aircraft or 
watercraft entering the United States from a foreign country, or 
arriving in the continental United States from Hawaii or any territory 
or possession of the United States, shall provide every Plant Protection 
and Quarantine office (PPQ office) serving a port of arrival on the 
itinerary of the craft while in the United States with advance 
notification of intent to arrive at that port. This advance notification 
of arrival shall:
    (a) Reach the appropriate PPQ office not less than 12 hours before 
the craft's estimated time of arrival at the port;
    (b) Be communicated by radio, wire, telephone, or any other means; 
and
    (c) Include the following information:
    (1) The name or other identifying feature of the individual craft;
    (2) The date and estimated time of arrival at the port;
    (3) The location of arrival, providing the most site-specific data 
available, such as the dock, pier, wharf, berth, mole, anchorage, gate, 
or facility, and;
    (4) The names of all foreign and non-Continental U.S. ports where 
any cargo, crew, or passenger destined for the continental United States 
has boarded the craft since its most recent arrival at a port in the 
United States.
    (d) If the craft's estimated time of arrival changes by more than 
one hour, the PPQ office that serves the port of arrival must be 
notified and provided with updated information immediately.
    (e) If the craft's site of arrival changes after a PPQ office has 
received advance notification of arrival, both that PPQ office and the 
newly affected PPQ office shall be notified of this change immediately. 
This applies, too, to site-specific changes involving watercraft.
    (f) If the craft's point of arrival is an anchorage, the PPQ office 
shall be notified, as soon as possible after the craft's arrival at the 
anchorage, of the specific site, such as berth, mole, pier, to which the 
craft will be moving, as well as of its estimated time of arrival at 
that site.
    (g) Aircraft and watercraft meeting any of the following conditions 
are exempt from the provisions in this section, and need not provide 
advance notification of arrival:
    (1) The craft is not regularly used to carry passengers or cargo for 
a fee;
    (2) The aircraft is making a flight scheduled in the Official 
Airline Guide, North American Edition, or the Official Airline Guide, 
Worldwide Edition, unless the scheduled time of arrival changes by more 
than one hour or the plane is diverted to another landing port;
    (3) An inspector has precleared the aircraft in Hawaii, a territory 
or possession of the United States, or a foreign port, having determined 
that the aircraft contained only articles that are not prohibited or 
restricted importation into the United States under the provisions of 7 
CFR chapter III and 9 CFR chapter I; or
    (4) Personnel of the United States armed forces, including the U.S. 
Coast Guard, in Hawaii, a territory or possession of the United States, 
or a foreign port, have precleared an aircraft, having determined that 
the aircraft contained only articles that are not prohibited or 
restricted importation into the United States under the provisions of 7 
CFR chapter III and 9 CFR chapter I.
    (5) The owner, operator, or other representative of the aircraft or 
watercraft not leaving the United States has been informed in writing by

[[Page 383]]

a PPQ inspector that notification of intended arrival is not required at 
subsequent ports in the United States.

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

[52 FR 49344, Dec. 31, 1987]



                    Subpart--Movement of Plant Pests



Sec. 330.200  Movement of plant pests regulated; permits required.

    No person shall knowingly move any plant pest into or through the 
United States from any place outside thereof, or interstate, or 
knowingly accept delivery of any plant pest so moving unless such 
movement is authorized under permit under this part and is made in 
accordance with the conditions therein and the provisions in this part. 
The movement of snails and slugs, as well as other plant pests, is 
governed by such provisions. Biological specimens of plant pests, in 
preservative or dried, may be imported without further restriction under 
this part, but subject to inspection on arrival in the United States to 
confirm the nature of the material and freedom from risk of plant pest 
dissemination.



Sec. 330.201  Applications for permits to move plant pests.

    (a) Into or through the United States from any place outside 
thereof. Only persons resident in the United States may apply for 
permits to move plant pests into the United States from any place 
outside thereof. Persons resident in the United States proposing such 
movement into the United States, or any person proposing movement 
through the United States, of any plant pests shall first make 
application for permits authorizing such movement by submitting to the 
Plant Protection and Quarantine Programs the form provided therefor by 
the Plant Protection and Quarantine Programs, or by submitting in the 
form of a letter or other written communication the following 
information insofar as is known to the applicant, for each kind of pest 
for which a permit is requested: (1) Scientific name of the pest, (2) 
stage, (3) quantity, (4) origin, (5) destination, (6) whether the pest 
is established in the State, Territory or other jurisdiction of 
destination in the United States, (7) method of shipment, (8) proposed 
port of first arrival in the United States, (9) approximate date of 
arrival, (10) number of parcels expected to be moved, (11) intended use, 
(12) measures to be employed to prevent danger of plant pest 
dissemination, and (13) method of final disposition. In addition, if 
host materials must necessarily accompany the plant pests, the 
application shall show the name of the host materials and the reasons it 
is necessary for them to accompany the plant pests. Applications for 
permits to move plant pests through the United States should state the 
name of the port of export instead of the information required by 
paragraph (a)(6) of this section. Any applicant for a permit to move 
plant pests into or through the United States from any place outside 
thereof will facilitate the consideration of his application by 
furnishing any additional information known to him concerning the 
economic importance of the pests and the justification for the movement.
    (b) Interstate (including interstate for export). Persons proposing 
to move plant pests interstate shall first make application for permits 
authorizing such movement by submitting to the Plant Protection and 
Quarantine Programs the form provided therefor by the Plant Protection 
and Quarantine Programs or by submitting the required information in the 
form of a letter or other written communication showing all pertinent 
information specified in paragraph (a) of this section and also the 
approximate date of the movement, except that persons desiring to move 
plant pests interstate to a port in the United States for export to a 
place outside of the United States \1\ shall use the form provided 
therefor by the Plant Protection and Quarantine

[[Page 384]]

Programs or submit to the Plant Protection and Quarantine Programs in 
the form of a letter or other written communication the following 
information for each kind of pest: Scientific name of the pest, stage, 
quantity, origin, destination, method of shipment, proposed port of 
export from the United States, approximate date of the movement, number 
of parcels to be moved, proposed use, and measures to be employed to 
prevent danger of plant pest dissemination during the interstate 
movement. However, in case it is proposed to move interstate, within or 
from an area quarantined under Secs. 301.38, 301.45, 301.48, 301.52, 
301.63, 301.64, 301.72, 301.76, 301.77, 301.78, 301.79, 301.80, or 
301.81 of this chapter any plant pest covered by said section, the 
application should be made to the Plant Protection and Quarantine 
Programs of the Animal and Plant Health Inspection Service of the 
Department. In any case the applicant for a permit will facilitate the 
consideration of his application by furnishing any additional 
information known to him concerning the economic importance of the pests 
and the justification for the movement.
---------------------------------------------------------------------------

    \1\ Persons contemplating the shipment of plant pests to places 
outside the United States should make prior arrangements directly, or 
through the recipient, with the country of destination for the receipt 
of the plant pests into the country of destination. Many countries have 
laws governing the movement of plant pests into those countries, and 
therefore it is advisable to make advance arrangements for attaching 
permits, etc., as may be required by the countries of destination.

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

[24 FR 10825, Dec. 29, 1959, as amended at 36 FR 24917, Dec. 24, 1971; 
37 FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983]



Sec. 330.202  Consideration of applications for permits to move plant pests.

    The Deputy Administrator, upon the receipt of an application, made 
in accordance with Sec. 330.201 (a) or (b), for a permit for movement of 
a plant pest into or through the United States from any place outside 
thereof, or interstate, shall consider the application on its merits.
    (a) Consultation. He may consult with any Federal officials, the 
appropriate officials of any State, Territory, or other jurisdiction in 
the United States in charge of research or regulatory programs relative 
to plant pests, and any other qualified governmental or private research 
laboratory, institution, or individual, for views on the danger of plant 
pest dissemination into the United States, or interstate, in connection 
with the movement proposed.
    (b) Inspection of premises. The Deputy Administrator may inspect the 
site where plant pests are proposed to be handled in connection with or 
after their movement under permit to determine whether existing or 
proposed facilities will be adequate to prevent plant pest dissemination 
in case a permit is issued, provided that the person in possession 
thereof is the applicant or such inspection is otherwise authorized.

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

[24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 330.203  Action on applications for permits to move plant pests; form of and conditions in permits.

    The Deputy Administrator, having considered an application for 
permit to move a plant pest, shall approve or deny the application in 
accordance with Sec. 330.204. If the application is denied, the 
applicant shall be furnished the reasons therefor. If the application is 
approved, the Deputy Administrator shall issue the permit including any 
conditions which, in the opinion of the Deputy Administrator, are 
necessary to prevent dissemination of plant pests into the United States 
or interstate. Such conditions may include requirements for inspection 
of the premises where the plant pests are to be handled, after their 
movement under the permits, to determine whether the facilities thereat 
are adequate to prevent plant pest dissemination and the conditions of 
the permit are otherwise being observed. Permits authorizing movement of 
plant pests through the United States will include shipping instructions 
as to routing, labelling, and similar requirements as conditions of the 
permits. Any applicable conditions prescribed in administrative 
instructions may be incorporated in a written permit by citation, but 
shall be applicable whether or not so cited. The Deputy Administrator 
may, prior to the issuance of the permit, require the applicant to agree 
in writing to the conditions under which the plant pests will be 
safeguarded. The permits may be issued in a prescribed form or in letter 
form, or a combination thereof. A

[[Page 385]]

permit without conditions may be issued orally.



Sec. 330.204  Denial or cancellation of permits; reconsiderations.

    (a) The Deputy Administrator will deny an application for a permit 
to move a plant pest when, in his opinion, such movement would involve a 
danger of dissemination of the pest. Danger of plant pest dissemination 
may be deemed to exist when:
    (1) No acceptable safeguards adequate to prevent plant pest 
dissemination can be arranged;
    (2) The destructive potential of the plant pest to plants, and parts 
and products thereof, should it escape despite proposed safeguards, 
outweighs the probable benefits to be derived from the proposed movement 
and use of the pest;
    (3) The applicant, as a previous permittee, failed to maintain the 
safeguards or otherwise observe the conditions prescribed in a previous 
permit and failed to demonstrate his ability or intent to observe them 
in the future;
    (4) The movement is adverse to the conduct of an eradication, 
suppression, control, or regulatory program of the Animal and Plant 
Health Inspection Service; or
    (5) The movement is objected to in writing by an appropriate 
official of a State, Territory or possession, or the District of 
Columbia on the ground it will involve a danger of dissemination of the 
plant pest into the State, Territory or possession, or District.
    (b) The Deputy Administrator may cancel any outstanding permit 
whenever:
    (1) Information is received subsequent to the issuance of the permit 
of circumstances that constitute cause for the denial of an application 
for permit under paragraph (a) of this section; or
    (2) The permittee has not maintained the safeguards or otherwise 
observed the conditions specified in the permit or in any applicable 
regulations or administrative instructions.
    (c) Any person denied a permit, or whose permit has been canceled, 
may request the Deputy Administrator in person or in writing for a 
reconsideration, and may submit any additional information he may have 
to support the original application.



Sec. 330.205  Disposal of plant pests when permits are canceled.

    When an outstanding permit for the movement of a plant pest is 
canceled by the Deputy Administrator and not reinstated under 
Sec. 330.204(c), the further movement of the plant pest covered thereby 
into or through the United States, or interstate, is prohibited by the 
Plant Protection Act unless authorized in another permit. The permittee 
should arrange for disposal of the plant pest involved in a manner 
satisfactory to the Deputy Administrator to prevent plant pest 
dissemination. The Deputy Administrator may, whenever he deems it 
necessary as an emergency measure in order to prevent the dissemination 
of any plant pest new to or not theretofore known to be widely prevalent 
or distributed within and throughout the United States, seize, 
quarantine, treat, apply other remedial measures to, destroy, or 
otherwise dispose of, in such manner as he deems appropriate, any plant 
pest which is moving without compliance with any conditions in the 
permit or the provisions of this part or after the permit has been 
canceled.

[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]



Sec. 330.206  Permits for plant pest movement associated with National Defense projects.

    The Deputy Administrator will facilitate research associated with 
National Defense projects through issuance of permits for movement of 
plant pests for such research, upon receiving assurance satisfactory to 
him that adequate safeguards will surround utilization of the plant 
pests to prevent their dissemination.



Sec. 330.207  Permits for movement of organisms issued by other agencies.

    Inspectors shall recognize permits for the movement of organisms 
issued under other acts by other Federal agencies. When such organisms 
are also plant pests, any further conditions of movement to carry out 
the purposes of the Plant Protection Act which have

[[Page 386]]

been prescribed in administrative instructions, or in correspondence 
concerning a single shipment, shall be complied with but no additional 
permit will be required under this part.

[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]



Sec. 330.208  Courtesy permits.

    The Deputy Administrator may issue permits for the movement into or 
through the United States, or interstate, or organisms which are not 
subject to regulation under the Plant Protection Actor any other act, as 
a courtesy to facilitate movement when the movement might otherwise be 
impeded because of the similarity of the organisms with others regulated 
under the Plant Protection Act. He may likewise issue such permits on 
behalf of any agency requesting such action as a courtesy to facilitate 
movement for organisms not subject to regulation under the Plant 
Protection Act but subject to regulation under some other act.

[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]



Sec. 330.209  Permits for means of conveyance.

    No permit shall be required for movement into or through the United 
States from any place outside thereof, or interstate, of a means of 
conveyance unless the primary purpose of such movement of the means of 
conveyance is to move plant pests.



Sec. 330.210  Packing materials and containers for plant pest movement; host materials.

    Plant pests moved into or through the United States, or interstate, 
must be free of soil, except when the Deputy Administrator approves in 
the permit the movement of soil with the plant pest. Subject to this 
exception, only approved packing materials are to be employed in the 
shipment of plant pests. Approved packing materials for the movement of 
plant pests under this part will be prescribed in administrative 
instructions or approved in specific cases by the Deputy Administrator. 
Such actions will be coordinated with and may supplement any 
requirements of the Post Office Department governing packing and 
packaging of any materials for movements covered by the postal laws and 
regulations. All containers shall be stoutly constructed so as to 
prevent breakage in transit and danger of plant pest dissemination and 
shall be labeled in accordance with Sec. 330.211. The Deputy 
Administrator may allow the movement of host materials with plant pests 
under permits when they must necessarily accompany the pests, although 
such movement is otherwise barred under the Plant Protection Act.

[24 FR 10825, Dec. 29, 1959, as amended at 66 FR 21058, Apr. 27, 2001]



Sec. 330.210a  Administrative instructions listing approved packing materials for plant pests.

    (a) The following materials are approved as packing materials for 
use with any shipment of plant pests in accordance with Sec. 330.210:
    (1) Absorbent cotton or processed cotton padding free of cottonseed.
    (2) Cellulose materials.
    (3) Excelsior.
    (4) Felt.
    (5) Ground peat (peat moss).
    (6) Paper or paper products.
    (7) Phenolic resin foam.
    (8) Sawdust.
    (9) Sponge rubber.
    (10) Thread waste; twine; or cord.
    (11) Vermiculite.
    (b) Advance approval for the use of any other packing material for 
any specific movement should be obtained from the Deputy Administrator.



Sec. 330.211  Labeling of plant pests for movement under permits.

    (a) Interstate movement. For interstate movements of plant pests a 
label shall be attached to each parcel containing the pests as evidence 
that the movement of the plant pests is authorized. Such label shall 
also disclose the contents of the parcel.
    (b) Movement into or through the United States from places outside 
thereof by mail or cargo. (1) When a permit authorizing the movement of 
plant pests into the United States from any place outside thereof is 
issued to an applicant under this part, it will be accompanied by 
distinctive labels, with instructions for their use by the foreign

[[Page 387]]

shipper. Such labels will be issued in quantity sufficient to permit 
attaching one to each parcel to be moved. The labels will direct the 
parcels to specified inspection stations of the Plant Protection and 
Quarantine Programs, or other designated points, for clearance. The 
stations will be notified by the Deputy Administrator in advance of the 
expected arrival of the plant pests. Plant pests so moved by mail may be 
refused entry unless the containers thereof bear such labels. Cargo 
shipments of plant pests so moved may be refused entry unless they bear 
such labels or are otherwise plainly marked to identify the contents.
    (2) Any labelling requirements with respect to the movement of plant 
pests through the United States will be included in shipping 
instructions issued as conditions of the permits.
    (c) Misuse of labels. No labels unused in accordance with the terms 
of the permit may be used for the movement of any other plant pest. The 
Plant Protection Act provides for a penalty \2\ for the misuse of such 
labels. Any unauthorized movement of plant pests under a label will be 
refused by the inspector, and the plant pests may be destroyed or 
otherwise dealt with as set forth in Sec. 330.106 if deemed necessary as 
an emergency measure.
---------------------------------------------------------------------------

    \2\ Section 424 of the Plant Protection Act (7 U.S.C. 7734) provides 
that persons who violate this act, or who forge, counterfeit or--without 
authority from the Secretary--use, alter, deface, or destroy any 
certificate, permit or other document may, after notice and opportunity 
for a hearing, be assessed a civil penalty that does not exceed the 
greater of: (a) $50,000 for individuals, except that the civil penalty 
may not exceed $1,000 in the case of an initial violation by an 
individual moving regulated articles not for monetary gain; $250,000 for 
any other person or legal entity, such as partnerships, corporations, 
associations, or joint ventures; and $500,000 for all violations 
adjudicated in a single proceeding; or(b) twice the gross pecuniary gain 
derived from or loss caused by any violation, forgery, counterfeiting, 
unauthorized use, defacing, or destruction of a certificate, permit, or 
other document provided for by this act. Section 424 of the Plant 
Protection Act also provides penalties for criminal violations, under 
which knowing violators of the act may be found guilty of a misdemeanor 
and, upon conviction, fined in accordance with title 18 of the United 
States Code, imprisoned for a period not to exceed 1 year, or both.

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

[24 FR 10825, Dec. 29, 1959, as amended at 48 FR 57466, Dec. 30, 1983; 
66 FR 21058, Apr. 27, 2001]



Sec. 330.212  Movement of plant pests by baggage.

    Persons proposing to move plant pests into or through the United 
States from any place outside thereof, or from any Territory or 
possession into or through any other Territory or possession, or the 
Continental United States, by baggage, shall show the permit authorizing 
the movement to the inspector upon arrival at the port where the baggage 
is inspected. The conditions specified for the movement must be 
observed. The inspector will insure that the movement is handled in 
accordance with the terms of the permit. If it is necessary to move the 
plant pest to another place for clearance, the owner will be responsible 
for all costs incidental to such forwarding. Pending forwarding, the 
inspector will specify and supervise the application of safeguards 
against danger of plant pest dissemination and may retain custody of the 
pests until forwarded.



          Subpart--Movement of Soil, Stone, And Quarry Products



Sec. 330.300  Soil from foreign countries or Territories or possessions.\1\
---------------------------------------------------------------------------

    \1\ The movement of soil from Puerto Rico into or through any other 
State, Territory, or District of the United States is also subject to 
the provisions of the imported fire ant quarantine and regulations 
contained in 7 CFR 301.81 et seq.
---------------------------------------------------------------------------

    No soil shall be moved into or through the United States from any 
place outside thereof or from any Territory or possession into or 
through any other Territory or possession or the Continental United 
States, whether the soil is moved as such or incidentally adhering to 
means of conveyance or other articles, except as authorized in 
Sec. 318.60 or Sec. 319.69 of this chapter, or this subpart.
    (a) Permits authorized. The Deputy Administrator may issue permits 
under

[[Page 388]]

this section for movements of soil not governed by Sec. 318.60 or 
Sec. 319.69 of this chapter, for research, analytical, religious, 
ceremonial, patriotic, or similar purposes, or such other purposes as he 
shall deem consistent with the objectives of this part, specifying in 
the permit or in the related correspondence, the safeguards, including 
methods of treatment, or other conditions which he deems necessary for 
the purpose of preventing the dissemination of plant pests into the 
United States or interstate. Whenever it is possible to formulate a 
general rule specifying such conditions, it shall be promulgated in 
administrative instructions and the applicable provisions thereof may be 
incorporated into a permit by citation, but shall be applicable whether 
or not so cited.
    (b) Application for permits. Only persons resident in the United 
States may apply for permits under this section to move soil into the 
United States from any place outside thereof, or from any territory or 
possession into or through any other Territory or possession or the 
Continental United States. Persons resident in the United States 
contemplating such movements, or any persons contemplating movement 
through the United States, of soil under this section shall first make 
application for permits authorizing such movement by submitting to the 
Plant Protection and Quarantine Programs the form provided therefor by 
the Plant Protection and Quarantine Programs or by submitting, in the 
form of a letter or other written communication, the following 
information: Origin of the shipment, destination, quantity, method of 
shipment, proposed port of first arrival in the United States, port of 
export (if applicable), approximate date of arrival in the United 
States, intended use, measures to be employed to prevent danger of plant 
pest dissemination, method of final disposition, and the number of 
parcels expected to be moved. In acting upon the application for permits 
for such movement of soil, the Deputy Administrator will follow the 
procedures outlined in Sec. 330.202 for the consideration of 
applications for permits to move plant pests insofar as they are 
applicable.
    (c) Issuance of permits; conditions of permits. Upon the approval of 
an application for a permit authorizing the movement of soil under this 
section, the permit will be issued. The permit may contain any 
conditions which are necessary, in the opinion of the Deputy 
Administrator, to prevent dissemination of plant pests into the United 
States or interstate, including conditions with respect to routing, 
packing, and labeling of the soil. The Deputy Administrator may require 
the applicant to agree in writing to such conditions prior to the 
issuance of the permit. The importer will receive, as a part of the 
permit, information on the manner in which the importation is to be 
made. A permit without conditions may be issued orally.
    (d) Containers; labels. All containers for soil moved under this 
section shall be stoutly constructed so as to prevent breakage in 
transit and danger of plant pest dissemination and shall be 
appropriately labeled as to contents. If the soil is moved by mail, 
special mailing labels will be issued to the importer, with instructions 
for their use, which he is to send to the foreign shipper. The quantity 
of mailing labels issued will be sufficient for the foreign shipper to 
attach one to each parcel moved by mail. Such mailing labels will 
indicate to the postal and the plant quarantine officials that the 
movement is authorized under the conditions specified in this permit. 
Importations arriving by mail without labels will be subject to refusal 
of entry into the United States, or interstate movement, by the 
inspector unless treated, at the expense of the owner, in a manner to 
remove danger of plant pest dissemination. The Deputy Administrator may 
issue mailing labels for movement into or through the United States from 
any place outside thereof, or from any Territory or possession into or 
through any other Territory or possession of the continental United 
States, of earth other than soil when the movement might otherwise be 
impeded because of

[[Page 389]]

the similarity to soil subject to this section.

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

[24 FR 10855, Dec. 29, 1959, as amended at 47 FR 36103, Aug. 19, 1982; 
48 FR 57466, Dec. 30, 1983; 62 FR 65009, Dec. 10, 1997]



Sec. 330.300a  Administrative instructions exempting soil from parts of Canada from certain restrictions.

    Soil of Canadian origin except soil from Newfoundland and the Land 
District of Central Saanich on Vancouver Island of British Columbia may 
be moved into or through the United States from Canada free from the 
permit requirements of Sec. 330.300 and the release requirements of 
Sec. 330.105 but subject to inspection under Sec. 330.105 and disposal 
under Sec. 330.106, if the inspection discloses any plant pest new to or 
not theretofore widely prevalent or distributed within and throughout 
the United States. Such soil is also subject to all applicable 
requirements under part 319 of this chapter. \1\
---------------------------------------------------------------------------

    \1\ Sod from Canada is regulated by Sec. 319.37-5 of this chapter.

[34 FR 13148, Aug. 14, 1969, as amended at 62 FR 50239, Sept. 25, 1997]



Sec. 330.301  Stone and quarry products from certain areas in Canada.

    Stone and quarry products from areas in Canada infested with the 
gypsy moth may be moved from Canada into or through the United States 
only into or through areas regulated by the gypsy moth and browntail 
moth quarantine and regulations in Secs. 301.45, 301.45-1 et seq. of 
this chapter; or into or through other areas in the United States under 
conditions paralleling the requirements of said quarantine and 
regulations for movement of stone and quarry products from said 
regulated areas into such other areas of the United States.



Sec. 330.302  Domestic movements of earth (including soil), stone, etc.

    The interstate movement from regulated areas in the Continental 
United States of earth (including soil), stone, quarry products, and 
similar substances is regulated in Secs. 301.45, 301.48, 301.72, 301.77, 
301.78, 301.79, 301.80, and 301.81 of this chapter and may be made only 
in accordance with the requirements of these sections. Any such movement 
of earth, stone, quarry products and similar substances which may 
hereafter be regulated in part 301 of this chapter may likewise be made 
only in accordance with the requirements of said part. The interstate 
movement of such materials of United States origin, from any place in 
the Continental United States, is not regulated by this part.



                            Subpart--Garbage



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

[[Page 390]]

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

[[Page 391]]

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

[[Page 392]]

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

[[Page 393]]

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]



PART 331--POSSESSION OF BIOLOGICAL AGENTS AND TOXINS--Table of Contents




Sec.
331.1  Definitions.
331.2  List of biological agents and toxins.
331.3  Notification requirements and procedures.

    Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat. 647 
(7 U.S.C. 8401).

    Source: 67 FR 52388, Aug. 12, 2002, unless otherwise noted.



Sec. 331.1  Definitions.

    Biological agent. Any microorganism (including, but not limited to, 
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious 
substance, or any naturally occurring, bioengineered, or synthesized 
component of any such microorganism or infectious substance, capable of 
causing:
    (1) Death, disease, or other biological malfunction in a human, an 
animal, a plant, or another living organism;
    (2) Deterioration of food, water, equipment, supplies, or material 
of any kind; or
    (3) Deleterious alteration of the environment.
    Facility. Any individual or government agency, university, 
corporation, company, partnership, society, association, firm, or other 
legal entity located at a single geographic site that may transfer or 
receive through any means a biological agent or toxin subject to this 
part.
    Person. Any individual, firm, corporation, company, society, or 
association; any Federal, State, or local governmental entity; or any 
organized group of any of the foregoing.
    Responsible facility official. An official authorized to transfer 
and receive biological agents or toxins covered by this part on behalf 
of a facility. This person should be either a safety officer, a senior 
management official of the facility, or both. The responsible facility 
official should not be an individual who actually transfers or receives 
a biological agent or toxin at the facility.
    Toxin. The toxic material or product of plants, animals, 
microorganisms (including, but not limited to, bacteria, viruses, fungi, 
rickettsiae, or protozoa), or infectious substances, or a recombinant or 
synthesized molecule, whatever their origin and method of production, 
and includes:
    (1) Any poisonous substance or biological product that may be 
engineered as a result of biotechnology produced by a living organism; 
or
    (2) Any poisonous isomer or biological product, homolog, or 
derivative of such a substance.

[67 FR 52388, Aug. 12, 2002, as amended at 67 FR 60519, Sept. 26, 2002]

[[Page 394]]



Sec. 331.2  List of biological agents and toxins.

    The biological agents and toxins listed in this section have been 
determined to have the potential to pose a severe threat to plant health 
or to the production and marketability of plant products. Any person who 
possesses any listed agent or toxin or, in the case of a listed disease, 
the causative agent of that disease, must notify the Animal and Plant 
Health Inspection Service of that possession in accordance with 
Sec. 331.3.

Liberobacter africanus, Liberobacter asiaticus
Peronosclerospora philippinensis
Phakopsora pachyrhizi
Plum pox potyvirus
Ralstonia solanacearum Race 3
Sclerophthora rayssiae var. zeae
Synchytrium endobioticum
Xanthomonas oryzae pv. oryzicola
Xylella fastidiosa (citrus variegated chlorosis strain)



Sec. 331.3  Notification requirements and procedures.

    (a) Any person or facility that possesses any biological agent or 
toxin listed in Sec. 331.2 must notify the Animal and Plant Health 
Inspection Service (APHIS) of such possession by October 11, 2002. 
Notice must be provided using Plant Protection and Quarantine (PPQ) form 
655, which may be obtained by calling PPQ at (301) 734-8896. The form is 
also available on the Internet at http://www.aphis.usda.gov/ppq/permits.
    (b) Each facility should designate a responsible facility official 
to complete PPQ form 655, and a single form that reflects all listed 
agents and toxins possessed by all persons within the facility should be 
submitted for each facility. The responsible facility official for each 
facility should consult with others in the facility (e.g., principal 
investigators) in order to obtain the information necessary to complete 
the notification form. The responsible facility official must review and 
sign the notification form and will be the individual contacted by APHIS 
if any questions arise concerning the facility's response.
    (c) Completed forms must be mailed to: U.S. Department of 
Agriculture, Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Permits and Risk Assessment, 4700 River Road 
Unit 133, Riverdale, Md 20737-1236.
    (d) Assistance in completing the form may be requested by calling 
(301) 734-8896.

(Approved by the Office of Management and Budget under control number 
0579-0204)

    Effective Date Note: At 67 FR 76925, Dec. 13, 2002, part 331 was 
revised, effective Feb. 11, 2003. For the convenience of the user, the 
revised text follows:



PART 331--POSSESSION, USE, AND TRANSFER OF BIOLOGICAL AGENTS AND TOXINS

Sec.
331.0  Effective and applicability dates.
331.1  Definitions.
331.2  Purpose and scope.
331.3  List of biological agents and toxins.
331.4  Exemptions.
331.5  Registration; who must register.
331.6  Registration; general provisions.
331.7  Denial, revocation, or suspension of registration.
331.8  Registration; how to register.
331.9  Responsibilities of the responsible official.
331.10  Restricting access to biological agents and toxins.
331.11  Biocontainment and security plan.
331.12  Training.
331.13  Transfer of biological agents and toxins.
331.14  Records.
331.15  Inspections.
331.16  Notification in the event of theft, loss, or release of a 
          biological agent or toxin.
331.17  Administrative review.

    Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat. 647 
(7 U.S.C. 8401).

Sec. 331.0  Effective and applicability dates.

    The regulations in this part are effective on February 11, 2003.On 
and after that date, any person possessing, using, or transferring any 
agent or toxin listed in Sec. 331.3 must be in compliance with the 
provisions of this part. However, so as not to disrupt research or 
educational projects involving listed agents or toxins that were 
underway as of the effective date of this part, any person possessing 
such agents or toxins as of the effective date (current possessors) will 
be afforded additional time to reach full compliance with this part. Any 
provision not specifically cited in paragraphs (a) through (f) of this 
section will be applicable as of February 11, 2003. In addition, any 
individual or entity who does not possess listed agents or toxins by the 
effective date of this part, but who wishes to initiate a research or 
educational project prior to November 12, 2003, must be

[[Page 395]]

in compliance with the provisions of this part that are applicable for 
current possessors at the time of application, as provided in paragraphs 
(a) through (e) of this section.
    (a) During the period from February 11, 2003, to November 12, 2003, 
biological agents or toxins listed in Sec. 331.3 may only be transferred 
to an individual or entity that is not registered under this part if the 
individual or entity has been issued a permit by the Administrator under 
part 330 of this chapter to import or move interstate that specific 
agent or toxin. If an individual or entity has not been issued a permit 
under part 330 of this chapter, the individual or entity may apply for a 
permit. To receive an agent or toxin, an individual or entity will also 
be required to submit APHIS Form 2041, in accordance with 
Sec. 331.13(c). Because USDA permits do not cover intrastate movement, 
an individual or entity may not receive a listed agent or toxin that is 
being moved intrastate until that individual or entity is registered in 
accordance with this part.
    (b) By March 12, 2003, the responsible official must submit the 
registration application package as required in Sec. 331.8. In addition, 
the responsible official must submit to the Attorney General the names 
and identifying information for the responsible official; alternate 
responsible official, where applicable; entity; and, where applicable, 
the individual who owns or controls the entity.
    (c) By April 11, 2003, the responsible official must submit to the 
Attorney General the names and identifying information for all 
individuals whom the responsible official has identified as having a 
legitimate need to handle or use listed agents or toxins, and who have 
the appropriate training and skills to handle such agents or toxins, as 
required in Sec. 331.10.
    (d) By June 12, 2003, the responsible official must submit to APHIS 
the security section of the Biocontainment and Security Plan required in 
Sec. 331.11.
    (e) By September 12, 2003, the responsible official must implement 
the security section of the Biocontainment and Security Plan, as 
required in Sec. 331.11, and provide security training in accordance 
with 7 CFR 331.12.
    (f) By November 12, 2003, the registration application process must 
be complete and the entity in full compliance with the regulations in 
this part.

Sec. 331.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Attorney General. The Attorney General of the United States or any 
person authorized to act for the Attorney General.
    Biological agent. Any microorganism (including, but not limited to, 
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious 
substance, or any naturally occurring, bioengineered, or synthesized 
component of any such microorganism or infectious substance, capable of 
causing:
    (1) Death, disease, or other biological malfunction in a human, an 
animal, a plant, or another living organism;
    (2) Deterioration of food, water, equipment, supplies, or material 
of any kind; or
    (3) Deleterious alteration of the environment.
    Centers for Disease Control and Prevention (CDC). The Centers for 
Disease Control and Prevention of the United States Department of Health 
and Human Services.
    Diagnostic laboratory. A laboratory facility that receives specimens 
for the purpose of determining the identities of pests, pathogens, 
contaminants, or causes of disease.
    Entity. Any government agency (Federal, State, or local), academic 
institution, corporation, company, partnership, society, association, 
firm, sole proprietorship, or other legal entity.
    Import. To move into, or the act of movement into, the territorial 
limits of the United States.
    Interstate. From one State into or through any other State, or 
within the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    Permit. A written authorization by the Administrator to import or 
move interstate biological agents or toxins, under conditions prescribed 
by the Administrator.
    PPQ. The Plant Protection and Quarantine Programs of the Animal and 
Plant Health Inspection Service
    Responsible official. The individual designated by an entity to act 
on its behalf. This individual must have the authority and control to 
ensure compliance with the regulations in this part.
    Specimen. A sample of material collected for use in testing, such as 
plant tissues (e.g., stems, seeds, flowers, pollen, leaves, roots, 
fruits, tubers, tissue cultures, protoplasts), soil, water, swabs, 
cultures, and suspensions.
    State. Any of the several States of the United States, the 
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, the Virgin Islands of the United 
States, or any other territory or possession of the United States.
    Toxin. The toxic material or product of plants, animals, 
microorganisms (including, but not limited to, bacteria, viruses, fungi, 
rickettsiae, or protozoa), or infectious substances, or a recombinant or 
synthesized

[[Page 396]]

molecule, whatever their origin and method of production, and includes:
    (1) Any poisonous substance or biological product that may be 
engineered as a result of biotechnology produced by a living organism; 
or
    (2) Any poisonous isomer or biological product, homolog, or 
derivative of such a substance.
    United States. All of the States.
    USDA. The United States Department of Agriculture.

Sec. 331.2  Purpose and scope.

    (a) This part sets forth the requirements for possession, use, and 
transfer of biological agents or toxins that have been determined to 
have the potential to pose a severe threat to plant health or to plant 
products. The purpose of this part is to ensure the safe handling of 
such agents or toxins, and to protect against the use of such agents or 
toxins in domestic or international terrorism or for any other criminal 
purpose.
    (b) Accordingly, this part provides that any individual or entity 
that possesses, uses, or transfers any agent or toxin listed in 
Sec. 331.3 must register in accordance with Sec. 331.6. To register, 
each entity must designate an individual who has the authority and 
control to ensure compliance with the regulations to be the responsible 
official. The responsible official must complete and submit the 
registration application package to APHIS. As part of registration, the 
responsible official, the entity, and, where applicable, the individual 
who owns or controls such entity will be subject to a security risk 
assessment by the Attorney General.
    (c) The responsible official is responsible for ensuring compliance 
with the safety procedures in this part, including implementing the 
Biocontainment and Security Plan in accordance with Sec. 331.11, 
providing the proper training to individuals who handle or use agents or 
toxins listed in Sec. 331.3, and providing proper laboratory facilities 
to contain and dispose of such agents or toxins. In addition, the 
responsible official is responsible for ensuring compliance with the 
safeguard and security measures in this part, including restricting 
access to only those individuals who have a legitimate need to handle or 
use agents or toxins and who have been approved in accordance with 
Sec. 331.10, and transferring such agents or toxins only to registered 
individuals or entities in accordance with Sec. 331.13.

Sec. 331.3  List of biological agents and toxins.

    (a) The biological agents and toxins listed in this section have 
been determined to have the potential to pose a severe threat to plant 
health or to plant products.

Liberobacter africanus, Liberobacter asiaticus
Peronosclerospora philippinensis
Phakopsora pachyrhizi
Plum pox potyvirus
Ralstonia solanacearum, race 3, biovar 2
Sclerophthora rayssiae var. zeae
Synchytrium endobioticum
Xanthomonas oryzae pv. oryzicola
Xylella fastidiosa (citrus variegated chlorosis strain)

    (b) The Administrator has determined that it would be impractical to 
regulate a biological agent or toxin that is in its naturally occurring 
environment. Therefore, any biological agent or toxin listed in this 
section that is in its naturally occurring environment will not be 
subject to the requirements of this part, provided that the biological 
agent or toxin has not been intentionally introduced, cultivated, 
collected, or otherwise extracted from its natural source.
    (c) The Administrator has determined that biological agents or 
toxins that meet any of the following criteria do not have the potential 
to pose a severe threat to plant health or to plant products. Therefore, 
an individual or entity that only possesses, uses, or transfers an agent 
or toxin that meets any of the following criteria will not be subject to 
the requirements of this part:
    (1) Nonviable agents that are, bear, or contain listed agents or 
toxins;
    (2) Genetic elements or subunits of listed agents or toxins, if the 
genetic elements or subunits are not capable of causing disease.

Sec. 331.4  Exemptions.


    (a) Diagnostic laboratories \1\ and other entities possessing, 
using, or transferring agents or toxins that are contained in specimens 
presented for diagnosis or verification will be exempt from the 
requirements of this part, provided that:
---------------------------------------------------------------------------

    \1\ However, diagnostic laboratories and other persons will still be 
required to obtain a permit under part 330 of this chapter in order to 
import or move interstate any listed agent or toxin.
---------------------------------------------------------------------------

    (1) The identification of such agents or toxins is immediately 
reported to the Administrator and to other appropriate authorities when 
required by Federal, State, or local law; and
    (2) Within 7 days after identification, the agents or toxins are 
transferred or inactivated, and APHIS Form 2040 is submitted to the 
Administrator.\2\ During agricultural

[[Page 397]]

emergencies or outbreaks, or in endemic areas, the Administrator may 
require less frequent reporting. A copy of the completed form must be 
maintained for 3 years.
---------------------------------------------------------------------------

    \2\ A diagnostic laboratory or other person must immediately notify 
APHIS by calling (301) 734-5519. APHIS Form 2040 may be obtained by 
calling (301) 734-5519 or faxing a request to (301) 734-8700. The form 
is also available on the Internet at http://www.aphis.usda.gov/ppq/
permits. The completed form may be mailed to Biological and Technical 
Services, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1236; or faxed to (301) 734-8700.
---------------------------------------------------------------------------

    (b) In addition to the exemption provided in paragraph (a) of this 
section, the Administrator may grant a specific exemption upon a showing 
of good cause and upon his or her determination that such exemption is 
consistent with protecting animal or plant health, and animal or plant 
products. An individual or entity that possesses, uses, or transfers 
agents or toxins may request in writing an exemption from the 
requirements of this part. If granted, such exemptions are valid for a 
maximum of 3 years; thereafter, an individual or entity must request a 
new exemption. If a request for exemption is denied, an individual or 
entity may request reconsideration in writing to the Administrator. The 
request for reconsideration must state all of the facts and reasons upon 
which the individual or entity relies to show that the exemption was 
wrongfully denied. The Administrator will grant or deny the request for 
reconsideration as promptly as circumstances allow and will state, in 
writing, the reasons for the decision. If there is a conflict as to any 
material fact, the individual or entity may request a hearing to resolve 
the conflict.\3\
---------------------------------------------------------------------------

    \3\ A request for exemption may be mailed to biological and 
Technical Services, PPQ, APHIS, 4700 River road Unit 133, Riverdale, MD 
20737-1236; or faxed to (301) 734-8700.
---------------------------------------------------------------------------

Sec. 331.5  Registration; who must register.

    (a) Unless exempted under Sec. 331.4, any individual or entity that 
possesses, uses, or transfers any agent or toxin listed in Sec. 331.3 
must register with APHIS.
    (b) Each entity must designate an individual to be its responsible 
official. The responsible official must have the authority and control 
to ensure compliance with the regulations. The responsible official must 
complete and sign the registration application package, and will be the 
individual contacted by APHIS if any questions arise concerning the 
application or subsequent compliance with the regulations in this part. 
As part of registration, the responsible official and the entity will be 
subject to a security risk assessment by the Attorney General. While 
most registrants are likely to be entities, in the event that an 
individual applies for and is granted a certificate of registration, 
APHIS will consider the individual to be the responsible official.
    (c) An entity may designate an individual to be an alternate 
responsible official, who may act for the responsible official when he/
she is unavailable. This individual must have the authority and control 
to ensure compliance with the regulations when acting for the 
responsible official. This individual will also be subject to a security 
risk assessment by the Attorney General as part of registration.

Sec. 331.6  Registration; general provisions.

    (a) Unless exempted under this part, an individual or entity shall 
not possess, use, or transfer any agent or toxin listed in Sec. 331.3 
without a certificate of registration issued by APHIS.
    (b) A certificate of registration may be issued upon:
    (1) Approval of the responsible official; the alternate responsible 
official, where applicable; the entity; and, where applicable, the 
individual who controls the entity following a security risk assessment 
by the Attorney General; \4\ and
---------------------------------------------------------------------------

    \4\ The security risk assessment of the entity and the individual 
who owns or controls such entity may be waived for Federal, State, or 
local governmental agencies.
---------------------------------------------------------------------------

    (2) Approval of the containment and security of the entity. The 
entity's containment and security procedures must be commensurate with 
the risk of the agent or toxin, given its intended use. APHIS will 
review the Biocontainment and Security Plan, and may inspect and 
evaluate the premises and records to determine compliance with the 
regulations and the containment and security requirements; and
    (3) A determination by the Administrator that the individual or 
entity seeking to register has a lawful purpose to possess, use, or 
transfer such agents or toxins.
    (c) A certificate of registration will be valid for only the 
specific agents or toxins listed on the certificate and specific 
activities and locations. A certificate of registration may cover more 
than one listed agent or toxin, and it may be amended to cover 
additional listed agents or toxins.
    (d) A certificate of registration may be amended to reflect changed 
circumstances (e.g., replacement of the responsible official, changes in 
ownership or control of the entity,\5\ changes in the activities 
involving the agent or toxin). The responsible official must immediately 
notify APHIS of such changes in circumstances that occur after 
submission of the application for registration or after receipt of a 
certificate of registration.
---------------------------------------------------------------------------

    \5\ Any change in ownership or control of an entity will require a 
security risk assessment for the new individual(s) who owns or controls 
the entity.
---------------------------------------------------------------------------

    (e) If a responsible official wishes to discontinue possessing, 
using, or transferring a particular agent or toxin, the responsible 
official may inactivate the agent or toxin or

[[Page 398]]

he/she may transfer the agent or toxin to a registered individuals or 
entities in accordance with Sec. 331.12. The responsible official must 
notify APHIS 5 business days prior to the planned inactivation so that 
we may have the opportunity to observe the inactivation of the agents or 
toxins. We will notify the responsible official if we wish to observe 
the inactivation of the agents or toxins.
    (f) A certificate of registration will be valid for a maximum of 3 
years.

Sec. 331.7  Denial, revocation, or suspension of registration.

    (a) APHIS may deny an application for registration or revoke 
registration if:
    (1) The Attorney General identifies the responsible official, 
entity, or the individual who owns or controls the entity as within any 
of the categories described in 18 U.S.C. 175b; or
    (2) The Attorney General identifies the responsible official, 
entity, or the individual who owns or controls the entity as reasonably 
suspected by any Federal law enforcement or intelligence agency of:
    (i) Committing a crime set forth in 18 U.S.C. 2332b(g)(5); or
    (ii) Knowing involvement with an organization that engages in 
domestic or international terrorism (as defined in 18 U.S.C. 2331) or 
with any other organization that engages in intentional crimes of 
violence; or
    (iii) Being an agent of a foreign power as defined in 50 U.S.C. 
1801; or
    (3) The responsible official does not have a lawful purpose to 
possess, use, or transfer agents or toxins listed in Sec. 331.3; or
    (4) The responsible official is an individual who handles or uses 
listed agents or toxins and he/she does not have the necessary training 
or skills to handle such agents or toxins; or
    (5) The entity does not meet the containment and security 
requirements prescribed by the Administrator; \6\ or
---------------------------------------------------------------------------

    \6\ If registration is denied for this reason, we may provide 
technical assistance and guidance.
---------------------------------------------------------------------------

    (6) There are egregious or repeated violations of the containment or 
security requirements; or
    (7) The Administrator determines that such action is necessary to 
protect animal or plant health, and animal or plant products.
    (b) APHIS may summarily revoke or suspend registration for any of 
the reasons set forth in paragraph (a) of this section.
    (c) APHIS will notify the responsible official in writing if an 
application for registration is denied or a certificate of registration 
is revoked or suspended.
    (d) Denial of an application for registration, revocation of 
registration, and suspension of registration may be appealed under 
Sec. 331.16.

Sec. 331.8  Registration; how to register.

    (a) To apply for a certificate of registration, an individual or 
entity must submit all of the information and documentation required in 
the registration application package to APHIS, including the name, 
source, and characterization data for each agent or toxin to be 
registered.
    (b) The registration application package may be obtained by calling 
(301) 734-5519 or faxing a request to (301) 734-8700. It is also 
available on the Internet at http://www.aphis.usda.gov/ppq/permits. The 
completed registration application package may be mailed to APHIS, Plant 
Protection and Quarantine, Biological and Technical Services, 4700 River 
Road Unit 133, Riverdale, MD 20737-1236; or faxed to (301) 734-8700. 
Assistance in completing the registration application may be requested 
by calling (301) 734-5519.

Sec. 331.9  Responsibilities of the responsible official.

    (a) The responsible official is responsible for ensuring compliance 
with the regulations, including:
    (1) Developing and implementing a Biocontainment and Security Plan 
in accordance with Sec. 331.11;
    (2) Allowing only approved individuals within the entity to have 
access to any agents or toxins listed in Sec. 331.3 in accordance with 
Sec. 331.10;
    (3) Providing appropriate training in containment and security 
procedures for all personnel in accordance with Sec. 331.12;
    (4) Transferring agents or toxins only to registered individuals or 
entities in accordance with Sec. 331.13;
    (5) Ensuring that all visitors are informed of and follow the 
entity's security requirements and procedures;
    (6) Notifying APHIS of changes in circumstances in accordance with 
Sec. 331.6;
    (7) Providing timely notice of any theft, loss, or release of a 
biological agent or toxin in accordance with Sec. 331.16;
    (8) Maintaining detailed records of information necessary to give a 
complete accounting of all of the activities related to agents or toxins 
listed in Sec. 331.3 in accordance with Sec. 331.14.
    (b) In addition to the requirements in paragraph (a) of this 
section, the responsible official for a diagnostic laboratory or other 
entity possessing, using, or transferring agents or toxins listed in 
Sec. 331.3 that are contained in specimens presented for diagnosis must 
immediately report the identification of such agents or toxins to the 
Administrator and to other appropriate authorities when

[[Page 399]]

required by Federal, State, or local law.\7\ During agricultural 
emergencies or outbreaks, or in endemic areas, the Administrator may 
require less frequent reporting.
---------------------------------------------------------------------------

    \7\ A diagnostic laboratory or other person must immediately notify 
APHIS by calling (301) 734-5519.
---------------------------------------------------------------------------

Sec. 331.10  Restricting access to biological agents and toxins.

    (a) An individual may not have access to biological agents or toxins 
listed in Sec. 331.3 unless approved by APHIS. APHIS will grant, limit, 
or deny access of individuals to listed agents or toxins.
    (b) The responsible official is responsible for ensuring that only 
approved individuals within the entity have access to any agents or 
toxins listed in Sec. 331.3. The responsible official must request such 
access for only those individuals who have a legitimate need to handle 
or use listed agents or toxins, and who have the appropriate training 
and skills to handle such agents or toxins.
    (c) The responsible official must provide appropriate training in 
containment and security procedures to all individuals with access to 
agents and toxins listed in Sec. 331.3, in accordance with Sec. 331.12.
    (d) For each individual identified by the responsible official as 
having a legitimate need to handle or use listed agents or toxins, the 
responsible official must submit that individual's name and identifying 
information to APHIS and the Attorney General.
    (e) In addition, the responsible official must submit information 
about the individual's training and skills to APHIS (e.g., curriculum 
vitae for principal investigators and researchers, and a description of 
training completed by support personnel).
    (f) APHIS may expedite the access approval process for individuals 
upon request by the responsible official and a showing of good cause 
(e.g., agricultural emergencies, national security, impending expiration 
of a research grant, a short-term visit by a prominent researcher).
    (g) APHIS will notify the responsible official if an individual is 
granted full or limited access, or denied access to listed agents or 
toxins. APHIS will also notify the individual if he/she is denied access 
or granted only limited access.
    (h) APHIS may deny or limit access of an individual to listed agents 
or toxins if:
    (1) The Attorney General identifies the individual as within any of 
the categories described in 18 U.S.C. 175b;
    (2) The Attorney General identifies the individual as reasonably 
suspected by any Federal law enforcement or intelligence agency of 
committing a crime set forth in 18 U.S.C. 2332b(g)(5); knowing 
involvement with an organization that engages in domestic or 
international terrorism (as defined in 18 U.S.C. 2331) or with any other 
organization that engages in intentional crimes of violence; or being an 
agent of a foreign power as defined in 50 U.S.C. 1801;
    (3) The individual does not have a legitimate need to handle listed 
agents or toxins;
    (4) The individual does not have the necessary training or skills to 
handle listed agents or toxins;
    (5) The Administrator determines that such action is necessary to 
protect plant health or plant products.
    (i) An individual may appeal the Administrator's decision to deny or 
limit access under Sec. 331.15.
    (j) Access approval is valid for 5 years; thereafter, the 
responsible official shall request renewal of access approval every 5 
years for as long as the individual needs access to agents or toxins 
listed in Sec. 331.3.
    (k) The responsible official must immediately notify APHIS when an 
individual's access to listed agents or toxins is terminated by the 
entity and the reasons therefor.

Sec. 331.11  Biocontainment and security plan.

    (a) As a condition of registration, an individual or entity must 
develop and implement a Biocontainment and Security Plan.\8\ The 
Biocontainment and Security Plan must contain sufficient information and 
documentation to describe the containment procedures and the security 
systems and procedures. The plan must be commensurate with the risk of 
the agent or toxin, given its intended use.
---------------------------------------------------------------------------

    \8\ Technical assistance and guidance may be obtained by calling 
(301) 734-5519.
---------------------------------------------------------------------------

    (1) Containment procedures. The containment procedures must be 
sufficient to contain the agent or toxin (e.g., physical structure and 
features of the entity, and operational and procedural safeguards). At a 
minimum, the plan must address containment and inventory control.
    (2) Security systems and procedures.\9\ The security systems and 
procedures must be designed according to a site-specific risk assessment 
and must provide graded protection

[[Page 400]]

in accordance with the threat posed by the agent or toxin.
---------------------------------------------------------------------------

    \9\ For guidance, see the USDA Departmental Manual No. 9610-001, 
``USDA Security Policies and Procedures for Biosafety Level-3 
Facilities'' (August 30, 2002). The manual may be obtained by calling 
(301) 734-5519. The manual is also available on the Internet at http://
www.usda.gov/ocio/directives/DM/DM9610-001.htm. See also Appendix F, 
``Biosafety in Microbiological and Biomedical Laboratories,'' in 
Morbidity and Mortality Weekly Report (2002). This document may be 
obtained by writing to Select Agent Program, Centers for Disease Control 
and Prevention, 1600 Clifton Road, NE, Mail Stop E 79, Atlanta, GA 
30333. It is also available on the Internet at http://www.cdc.gov/mmwr.
---------------------------------------------------------------------------

    (i) The site-specific risk assessment should involve a threat 
assessment and risk analysis in which threats are defined, 
vulnerabilities examined, and risks associated with those 
vulnerabilities are identified.
    (ii) The security systems and procedures must be tailored to address 
site-specific characteristics and requirements, ongoing programs, and 
operational needs, and must mitigate the risks identified under 
paragraph (a)(2)(i) of this section.
    (iii) The plan must describe inventory control procedures, personnel 
suitability for those individuals with access to agents or toxins listed 
in Sec. 331.3, physical security, and cybersecurity. The plan must also 
contain provisions for securing the area (e.g., card access, key pads, 
locks) and protocols for changing access numbers or locks following 
staff changes; procedures for loss or compromise of keys, passwords, 
combinations, etc.; procedures for reporting suspicious persons or 
activities, loss or theft of listed agents or toxins, release of listed 
agents or toxins, or alteration of inventory records; provisions for the 
control of access to containers where listed agents and toxins are 
stored; provisions for routine cleaning, maintenance, and repairs; and 
procedures for reporting and removing unauthorized persons.
    (iv) With respect to areas containing listed agents or toxins, an 
entity or individual must adhere to the following security requirements 
or implement measures to achieve an equivalent or greater level of 
security as the provisions below:
    (A) Allow unescorted access only to approved individuals who are 
performing a specifically authorized function during hours required to 
perform that job;
    (B) Allow individuals not approved under Sec. 331.10 to conduct 
routine cleaning, maintenance, repairs, and other non-laboratory 
functions only when escorted and continually monitored by approved 
individuals;
    (C) Provide for the control of access to containers where listed 
agents and toxins are stored by requiring that such containers be locked 
when not in the direct view of an approved individual and by using other 
monitoring measures, as needed;
    (D) Require the inspection of all packages upon entry and exit;
    (E) Establish a protocol for intra-entity transfers, including 
provisions for ensuring that the packaging and movement, is conducted 
under the supervision of an approved individual;
    (F) Require that approved individuals do not share with any other 
person their unique means of accessing the area or listed agents or 
toxins; and
    (G) Require that approved individuals immediately report any of the 
following to the responsible official:
    (1) Any loss or compromise of keys, passwords, combinations, etc.;
    (2) Any suspicious persons or activities;
    (3) Any loss or theft of listed agents or toxins;
    (4) Any release of a listed agent or toxin; and
    (5) Any sign that inventory and use records for listed agents and 
toxins have been altered or otherwise compromised.
    (3) Incident response procedures.\10\ The Biocontainment and 
Security Plan must also include incident response plans for containment 
breach, security breach, inventory violations, non-biological incidents 
such as workplace violence, and cybersecurity breach. The incident 
response plans must address containment, inventory control, and 
notification of managers and responders. The incident response plans 
must also address such events as bomb threats, severe weather (floods, 
hurricanes, tornadoes), earthquakes, power outages, and other natural 
disasters or emergencies.
---------------------------------------------------------------------------

    \10\ The requirements in this paragraph do not supercede or preempt 
the enforcement of emergency response requirements imposed by other 
statutes or regulations.
---------------------------------------------------------------------------

    (b) The Biocontainment and Security Plan must be reviewed, 
performance tested, and updated annually. The plan must also be reviewed 
and revised, as necessary, after any incident.

Sec. 331.12  Training.

    (a) The responsible official must provide appropriate training in 
containment and security procedures to all individuals with access to 
agents and toxins listed in Sec. 331.3.
    (b) The responsible official must provide information and training 
to an individual at the time the individual is assigned to work with a 
listed agent or toxin. The responsible official must provide refresher 
training annually.

Sec. 331.13  Transfer of biological agents and toxins.

    Biological agents and toxins listed in Sec. 331.3 may only be 
transferred to an individual or entity registered to possess, use, or 
transfer that particular agent or toxin. However, the sender of an agent 
or toxin may be an individual or entity that has a certificate of 
registration for the agent or toxin, an individual or entity that is 
exempt from the requirements of this part, or an individual or entity 
located outside of the United States. Biological agents or toxins may 
only be

[[Page 401]]

transferred under the conditions of this section and must be authorized 
by APHIS prior to the transfer.
    (a) Importation and interstate movement. In addition to the permit 
required under part 330 of this chapter, biological agents or toxins 
listed in Sec. 331.3 may be imported or moved interstate only with the 
prior authorization of APHIS. To obtain such authorization, the sender 
and the responsible official for the recipient must complete and submit 
APHIS Form 2041 to APHIS, in accordance with paragraph (c) of this 
section.
    (b) Intrastate movement. Biological agents or toxins listed in 
Sec. 331.3 may be moved intrastate only with the prior authorization of 
APHIS. To obtain authorization, the sender and the responsible official 
for the recipient must complete and submit APHIS Form 2041 to APHIS 
prior to each transfer, in accordance with paragraph (c) of this 
section.
    (c) APHIS Form 2041; process and procedures. (1) Prior to each 
transfer, the sender and the responsible official for the recipient must 
complete APHIS Form 2041, and the sender must submit the form to 
APHIS.\11\
---------------------------------------------------------------------------

    \11\ APHIS Form 2041 may be obtained by calling (301) 734-5519 or 
faxing a request to (301) 734-8700. The form is also available on the 
Internet at http://www.aphis.usda.gov/ppq/permits. APHIS Form 2041 may 
be mailed to Biological and Technical Services, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737-1236; or faxed to (301) 734-8700.
---------------------------------------------------------------------------

    (2) APHIS will authorize the transfer based on a finding that the 
recipient has a certificate of registration covering the transfer of the 
listed agent or toxin.
    (3) The responsible official for the recipient entity must notify 
APHIS and the sender upon receipt of the agent or toxin by mailing or 
faxing a completed APHIS Form 2041 within 2 business days.
    (4) The responsible official for the recipient must notify APHIS 
immediately if the agent or toxin has not been received within 48 hours 
after the expected delivery or if the package containing the agent or 
toxin is leaking or has been damaged.
    (d) The sender must comply with all applicable laws governing 
packaging and shipping.

Sec. 331.14  Records.

    (a) The responsible official must maintain complete, up-to-date 
records of information necessary to give an accounting of all of the 
activities related to agents or toxins listed in Sec. 331.3. Such 
records must include the following:
    (1) The Biocontainment and Security Plan;
    (2) A current list of all individuals with access to agents or 
toxins listed in Sec. 331.3;
    (3) Training records for individuals with access to such agents or 
toxins;
    (4) Accurate and current inventory records (including source and 
characterization data);
    (5) Permits and transfer documents (APHIS Form 2041) issued by 
APHIS;
    (6) Security records (e.g., transactions from automated access 
control systems, testing and maintenance of security systems, visitor 
logs); and
    (7) Containment and security incident reports.
    (b) The responsible official must maintain such records for 3 years.
    (c) All records must be produced upon request to APHIS inspectors, 
and appropriate Federal, State, or local law enforcement authorities.

Sec. 331.15  Inspections.

    (a) To ensure compliance with the regulations, any APHIS inspector 
must be allowed, without previous notification, to enter and inspect the 
entire premises, all materials and equipment, and all records required 
to be maintained by this part.
    (b) Prior to issuing a certificate of registration to an entity or 
individual, APHIS may inspect and evaluate their premises and records to 
ensure compliance with the regulations and the containment and security 
requirements.

Sec. 331.16  Notification in the event of theft, loss, or release of a 
          biological agent or toxin.

    (a) The responsible official must orally notify APHIS and 
appropriate Federal, State, or local law enforcement agencies 
immediately upon discovery of the theft or loss of agents or toxins 
listed in Sec. 331.3. The oral notification must be followed by a 
written report (APHIS Form 2043) within 7 days.
    (b) The responsible official must orally notify APHIS immediately 
upon discovery that a release of an agent or toxin has occurred outside 
of the biocontainment area. The oral notification must be followed by a 
written report (APHIS Form 2043) within 7 days. Upon notification and a 
finding that the release poses a threat to animal or plant health, or 
animal or plant products, APHIS will notify relevant Federal, State, and 
local authorities, and the public, if necessary.
    (c) The responsible official must orally notify APHIS of a theft, 
loss, or release of an agent or toxin by calling (301) 734-5519. A copy 
of APHIS Form 2043 may be obtained by writing to Biological and 
Technical Services, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737-1236, or by calling (301) 734-5519. APHIS Form 2043 may be mailed 
to the same address or faxed to (301) 734-8700.

Sec. 331.17  Administrative review.

    An individual or entity may appeal a denial or revocation of 
registration under this part. An individual who has been denied access 
to listed agents or toxins or who has

[[Page 402]]

been granted only limited access to listed agents or toxins under this 
part may appeal that decision.\12\ The appeal must be in writing and 
submitted to the Administrator within 30 days of the decision. The 
appeal must state all of the facts and reasons upon which the individual 
or entity disagrees with the decision. Where the denial or revocation of 
registration or the denial or limitation of an individual's access 
approval is based solely upon an identification by the Attorney General, 
APHIS will forward the request for review to the Attorney General. The 
Administrator's decision constitutes final agency action.
---------------------------------------------------------------------------

    \12\ An entity may not appeal the denial or limitation of an 
individual's access to listed agents or toxins.
---------------------------------------------------------------------------



 PART 340--INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE 
PLANT PESTS--Table of Contents




Sec.
340.0  Restrictions on the introduction of regulated articles.
340.1  Definitions.
340.2  Groups of organisms which are or contain plant pests and 
          exemptions.
340.3  Notification for the introduction of certain regulated articles.
340.4  Permits for the introduction of a regulated article.
340.5  Petition to amend the list of organisms.
340.6  Petition for determination of nonregulated status.
340.7  Marking and identity.
340.8  Container requirements for the movement of regulated articles.
340.9  Cost and charges.

    Authority: 7 U.S.C. 166, 1622n, 7756, and 7761-7772; 31 U.S.C. 9701; 
7 CFR 2.22, 2.80, and 371.3.

    Source: 52 FR 22908, June 16, 1987, unless otherwise noted.



Sec. 340.0  Restrictions on the introduction of regulated articles.

    (a) No person shall introduce any regulated article unless the 
Administrator is:
    (1) Notified of the introduction in accordance with Sec. 340.3, or 
such introduction is authorized by permit in accordance with Sec. 340.4, 
or such introduction is conditionally exempt from permit requirements 
under Sec. 340.2(b); and
    (2) Such introduction is in conformity with all other applicable 
restrictions in this part.\1\
---------------------------------------------------------------------------

    \1\ Part 340 regulates, among other things, the introduction of 
organisms and products altered or produced through genetic engineering 
that are plant pests or are believed to be plant pests. The introduction 
into the United States of such articles also may be subject to other 
regulations promulgated under the Plant Protection Act (7 U.S.C. 7701-
7772) and found in 7 CFR parts 319, 330, and 360. For example, under 
regulations promulgated in ``Subpart-Nursery Stock, Plants, Roots, 
Bulbs, Seeds, and Other Plant Products'' (7 CFR 319.37-3), a permit is 
required for the importation of certain classes of nursery stock whether 
such stock is genetically engineered or not. Accordingly, individuals 
should refer to those regulations before importing any nursery stock.
---------------------------------------------------------------------------

    (b) Any regulated article introduced not in compliance with the 
requirements of this part shall be subject to the immediate application 
of such remedial measures or safeguards as an inspector determines 
necessary to prevent the introduction of such plant pests. \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 411, 412, 421, and 
434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7731, and 7754).

[52 FR 22908, June 16, 1987, as amended at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997; 66 FR 21058, Apr. 27, 2001]



Sec. 340.1  Definitions.

    Terms used in the singular form in this part shall be construed as 
the plural, and vice versa, as the case may demand. The following terms, 
when used in this part, shall be construed, respectively, to mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service (APHIS) or any other employee of APHIS to whom 
authority has been or may be delegated to act in the Administrator's 
stead.
    Animal and Plant Health Inspection Service (APHIS). An agency of the 
United States Department of Agriculture.
    Antecedent organism. An organism that has already been the subject 
of a

[[Page 403]]

determination of nonregulated status by APHIS under Sec. 340.6, and that 
is used as a reference for comparison to the regulated article under 
consideration under these regulations.
    Courtesy permit. A written permit issued by the Administrator, in 
accordance with Sec. 340.4(h).
    Donor organism. The organism from which genetic material is obtained 
for transfer to the recipient organism.
    Environment. All the land, air, and water; and all living organisms 
in association with land, air and water.
    Expression vector. A cloning vector designed so that a coding 
sequence inserted at a particular site will be transcribed and 
translated into protein.
    Genetic engineering. The genetic modification of organisms by 
recombinant DNA techniques.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, U.S. Department of Agriculture, or other person, authorized by 
the Administrator, in accordance with law to enforce the provisions of 
this part.
    Interstate. From any State into or through any other State.
    Introduce or introduction. To move into or through the United 
States, to release into the environment, to move interstate, or any 
attempt thereat.
    Move (moving, movement). To ship, offer for shipment, offer for 
entry, import, receive for transportation, carry, or otherwise transport 
or move, or allow to be moved into, through, or within the United 
States.
    Organism. Any active, infective, or dormant stage or life form of an 
entity characterized as living, including vertebrate and invertebrate 
animals, plants, bacteria, fungi, mycoplasmas, mycoplasma-like 
organisms, as well as entities such as viroids, viruses, or any entity 
characterized as living, related to the foregoing.
    Permit. A written permit issued by the Administrator, for the 
introduction of a regulated article under conditions determined by the 
Administrator, not to present a risk of plant pest introduction.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant. Any living stage or form of any member of the plant kingdom 
\3\ including, but not limited to, eukaryotic algae, mosses, club 
mosses, ferns, angiosperms, gymnosperms, and lichens (which contain 
algae) including any parts (e.g. pollen, seeds, cells, tubers, stems) 
thereof, and any cellular components (e.g. plasmids, ribosomes, etc.) 
thereof.
---------------------------------------------------------------------------

    \3\ The taxonomic scheme for the plant kingdom is that found in 
Synopsis and Classification of Living Organisms by S.P. Parker, McGraw 
Hill (1984).
---------------------------------------------------------------------------

    Plant pest. Any living stage (including active and dormant forms) of 
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 agents or 
substances, which can directly or indirectly injure or cause disease or 
damage in or to any plants or parts thereof, or any processed, 
manufactured, or other products of plants.
    Product. Anything made by or from, or derived from an organism, 
living or dead.
    Recipient organism. The organism which receives genetic material 
from a donor organism.
    Regulated article. Any organism which has been altered or produced 
through genetic engineering, if the donor organism, recipient organism, 
or vector or vector agent belongs to any genera or taxa designated in 
Sec. 340.2 and meets the definition of plant pest, or is an unclassified 
organism and/or an organism whose classification is unknown, or any 
product which contains such an organism, or any other organism or 
product altered or produced through genetic engineering which the 
Administrator, determines is a plant pest or has reason to believe is a 
plant pest. Excluded are recipient microorganisms which are not plant 
pests and which have resulted from the addition of genetic material from 
a donor organism where the material is well characterized and contains 
only non-coding regulatory regions.

[[Page 404]]

    Release into the environment. The use of a regulated article outside 
the constraints of physical confinement that are found in a laboratory, 
contained greenhouse, or a fermenter or other contained structure.
    Responsible person. The person who has control and will maintain 
control over the introduction of the regulated article and assure that 
all conditions contained in the permit and requirements in this part are 
complied with. A responsible person shall be a resident of the United 
States or designate an agent who is a resident of the United States.
    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.
    Stably integrated. The cloned genetic material is contiguous with 
elements of the recipient genome and is replicated exclusively by 
mechanisms used by recipient genomic DNA.
    State. Any State, the District of Columbia, American Samoa, Guam, 
Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United 
States, and any other Territories or Districts of the United States.
    State regulatory official. State official with responsibilities for 
plant health, or any other duly designated State official, in the State 
where the introduction is to take place.
    United States. All of the States.
    Vector or vector agent. Organisms or objects used to transfer 
genetic material from the donor organism to the recipient organism.
    Well-characterized and contains only non-coding regulatory regions 
(e.g. operators, promoters, origins of replication, terminators, and 
ribosome binding regions). The genetic material added to a microorganism 
in which the following can be documented about such genetic material: 
(a) The exact nucleotide base sequence of the regulatory region and any 
inserted flanking nucleotides; (b) The regulatory region and any 
inserted flanking nucleotides do not code for protein or peptide; and 
(c) The regulatory region solely controls the activity of other 
sequences that code for protein or peptide molecules or act as 
recognition sites for the initiation of nucleic acid or protein 
synthesis.

[52 FR 22908, June 16, 1987, as amended at 53 FR 12913, Apr. 20, 1988; 
55 FR 53276, Dec. 28, 1990; 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 
2, 1997]



Sec. 340.2  Groups of organisms which are or contain plant pests and exemptions.

    (a) Groups of organisms which are or contain plant pests. The 
organisms that are or contain plant pests are included in the taxa or 
group of organisms contained in the following list. Within any taxonomic 
series included on the list, the lowest unit of classification actually 
listed is the taxon or group which may contain organisms which are 
regulated. Organisms belonging to all lower taxa contained within the 
group listed are included as organisms that may be or may contain plant 
pests, and are regulated if they meet the definition of plant pest in 
Sec. 340.1 \4\
---------------------------------------------------------------------------

    \4\ Any organism belonging to any taxa contained within any listed 
genera or taxa is only considered to be a plant pest if the organism 
``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.'' Thus a particular unlisted species within a listed 
genus would be deemed a plant pest for purposes of Sec. 340.2, if the 
scientific literature refers to the organism as a cause of direct or 
indirect injury, disease, or damage to any plants, plant parts or 
products of plants. (If there is any question concerning the plant pest 
status of an organism belonging to any listed genera or taxa, the person 
proposing to introduce the organism in question should consult with 
APHIS to determine if the organism is subject to regulation.)

    Note: Any genetically engineered organism composed of DNA or RNA 
sequences, organelles, plasmids, parts, copies, and/or analogs, of or 
from any of the groups of organisms listed below shall be deemed a 
regulated article if it also meets the definition of plant pest in 
---------------------------------------------------------------------------
Sec. 340.1.

                                  GROUP

                                 Viroids

                        Superkingdom Prokaryotae

                              Kingdom Virus

All members of groups containing plant viruses, and all other plant and 
          insect viruses

[[Page 405]]

                             Kingdom Monera

                            Division Bacteria

Family Pseudomonadaceae

    Genus Pseudomonas
    Genus Xanthomonas
Family Rhizobiaceae
    Genus Rhizobium
    Genus Bradyrhizobium
    Genus Agrobacterium
    Genus Phyllobacterium
Family Enterobacteriaceae
    Genus Erwinia
Family Streptomycetaceae
    Genus Streptomyces
Family Actinomycetacease
    Genus Actinomyces

                            Coryneform group

    Genus Clavibacter
    Genus Arthrobacter
    Genus Curtobacterium
    Genus Corynebacteria
Gram-negative phloem-limited bacteria associated with plant diseases
Gram-negative xylem-limited bacteria associated with plant diseases
And all other bacteria associated with plant or insect diseases
Rickettsiaceae
    Rickettgial-like organisms associated with insect diseases

                            Class Mollicutes

Order Mycoplasmatales
Family Spiroplasmataceae
    Genus Spiroplasma
Mycoplasma-like organisms associated with plant diseases
Mycoplasma-like organisms associated with insect diseases

                         Superkingdom Eukaryotae

                             Kingdom Plantae

                         Subkingdom Thallobionta

                          Division Chlorophyta

    Genus Cephaleuros
    Genus Rhodochytrium
    Genus Phyllosiphon

                           Division Myxomycota

Class Plasmodiophoromycetes

                            Division Eumycota

                         Class Chytridiomycetes

Order Chytridiales

                             Class Oomycetes

Order Lagenidiales
Family Lagenidiaceae
Family Olpidiopsidaceae
Order Peronosporales
Family Albuginaceae
Family Peronosporaceae
Family Pythiaceae
Order Saprolegniales
Family Saprolegniaceae
Family Leptolegniellaceae

                            Class Zygomycetes

Order Mucorales
Family Choanephoraceae
Family Mucoraceae
Family Entomophthoraceae

                          Class Hemiascomycetes

Family Protomycetaceae
Family Taphrinaceae

                         Class Loculoascomycetes

Order Myriangiales
Family Elsinoeaceae
Family Myriangiaceae
Order Asterinales
Order Dothideales
Order Chaetothyriales
Order Hysteriales
Family Parmulariaceae
Family Phillipsiellaceae
Family Hysteriaceae
Order Pleosporales
Order Melanommatales

                           Class Plectomycetes

Order Eurotiales
Family Ophiostomataceae
Order Ascophaerales

                           Class Pyrenomycetes

Order Erysiphales
Order Meliolales
Order Xylariales
Order Diaporthales
Order Hypocreales
Order Clavicipitales

                           Class Discomycetes

Order Phacidiales
Order Helotiales
Family Ascocorticiceae
Family Hemiphacidiaceae
Family Dermataceae
Family Sclerotiniaceae
Order Cytarriales
Order Medeolariales
Order Pezziales
Family Sarcosomataceae
Family Sarcoscyphaceae

                           Class Teliomycetes

                       Class Phragmobasidiomycetes

Family Auriculariaceae
Family Ceratobasidiaceae

                           Class Hymenomycetes

Order Exobasidiales

[[Page 406]]

Order Agaricales
Family Corticiaceae
Family Hymenochaetaceae
Family Echinodontiaceae
Family Fistulinaceae
Family Clavariaceae
Family Polyporaceae
Family Tricholomataceae

                           Class Hyphomycetes

                           Class Coelomycetes

And all other fungi associated with plant or insect diseases

                         Subkingdom Embryobionta

    Note: Organisms listed in the Code of Federal Regulations as noxious 
weeds are regulated under the Federal Noxious Weed Act

                         Division Magnoliophyta

Family Balanophoraceae--parasitic species
Family Cuscutaceae--parasitic species
Family Hydnoraceae--parasitic species
Family Krameriaceae--parasitic species
Family Lauraceae--parasitic species
    Genus Cassytha
Family Lennoaceae--parasitic species
Family Loranthaceae--parasitic species
Family Myzodendraceae--parasitic species
Family Olacaceae--parasitic species
Family Orobanchaceae--parasitic species
Family Rafflesiaceae--parasitic species
Family Santalaceae--parasitic species
Family Scrophulariaceae--parasitic species
    Genus Alectra
    Genus Bartsia
    Genus Buchnera
    Genus Buttonia
    Genus Castilleja
    Genus Centranthera
    Genus Cordylanthus
    Genus Dasistoma
    Genus Euphrasia
    Genus Gerardia
    Genus Harveya
    Genus Hyobanche
    Genus Lathraea
    Genus Melampyrum
    Genus Melasma
    Genus Orthantha
    Genus Orthocarpus
    Genus Pedicularis
    Genus Rhamphicarpa
    Genus Rhinanthus
    Genus Schwalbea
    Genus Seymeria
    Genus Siphonostegia
    Genus Sopubia
    Genus Striga
    Genus Tozzia
Family Viscaceae--parasitic species

                            Kingdom Animalia

                           Subkingdom Protozoa

    Genus Phytomonas

    And all Protozoa associated with insect diseases

                          Subkingdom Eumetazoa

                              Phylum Nemata

                            Class Secernentea

Order Tylenchida
Family Anguinidae
Family Belonolaimidae
Family Caloosiidae
Family Criconematidae
Family Dolichodoridae
Family Fergusobiidae
Family Hemicycliophoridae
Family Heteroderidae
Family Hoplolaimidae
Family Meloidogynidae
Family Nacobbidae
Family Neotylenchidae
Family Nothotylenchidae
Family Paratylenchidae
Family Pratylenchidae
Family Tylenchidae
Family Tylenchulidae
Order Aphelenchida
Family Aphelenchoididae

                            Class Adenophorea

Order Dorylaimida
Family Longidoridae
Family Trichodoridae

                             Phylum Mollusca

                            Class Gastropoda

Subclass Pulmonata
Order Basommatophora
    Superfamily Planorbacea
Order Stylommatophora
    Subfamily Strophocheilacea
Family Succineidae
    Superfamily Achatinacae
    Superfamily Arionacae
    Superfamily Limacacea
    Superfamily Helicacea
Order Systellommatophora
    Superfamily Veronicellacea

                            Phylum Arthropoda

                             Class Arachnida

Order Parasitiformes
    Suborder Mesostigmata
    Superfamily Ascoidea
    Superfamily Dermanyssoidea
Order Acariformes
    Suborder Prostigmata
    Superfamily Eriophyoidea
    Superfamily Tetranychoidea
    Superfamily Eupodoidea

[[Page 407]]

    Superfamily Tydeoidea
    Superfamily Erythraenoidea
    Superfamily Trombidioidea
    Superfamily Hydryphantoidea
    Superfamily Tarsonemoidea
    Superfamily Pyemotoidea
Suborder Astigmata
    Superfamily Hemisarcoptoidea
    Superfamily Acaroidea

                             Class Diplopoda

Order Polydesmida

                              Class Insecta

Order Collembola
Family Sminthoridae
Order Isoptera
Order Thysanoptera
Order Orthoptera
Family Acrididae
Family Gryllidae
Family Gryllacrididae
Family Gryllotalpidae
Family Phasmatidae
Family Ronaleidae
Family Tettigoniidae
Family Tetrigidae
Order Hemiptera
Family Thaumastocoridae
Family Aradidae
    Superfamily Piesmatoidea
    Superfamily Lygaeoidea
    Superfamily Idiostoloidea
    Superfamily Coreoidea
    Superfamily Pentatomoidea
    Superfamily Pyrrhocoroidea
    Superfamily Tingoidea
    Superfamily Miroidea
Order Homoptera
Order Coleoptera
Family Anobiidae
Family Apionidae
Family Anthribidae
Family Bostrichidae
Family Brentidae
Family Bruchidae
Family Buprestidae
Family Byturidae
Family Cantharidae
Family Carabidae
Family Cerambycidae
Family Chrysomelidae
Family Coccinellidae
    Subfamily Epilachninae
Family Curculionidae
Family Dermestidae
Family Elateridae
Family Hydrophilidae
    Genus Helophorus
Family Lyctidae
Family Meloidae
Family Mordellidae
Family Platypodidae
Family Scarabaeidae
    Subfamily Melolonthinae
    Subfamily Rutelinae
    Subfamily Cetoniinae
    Subfamily Dynastinae
Family Scolytidae
Family Selbytidae
Family Tenebrionidae
Order Lepidoptera
Order Diptera
Family Agromyzidae
Family Anthomyiidae
Family Cecidomyiidae
Family Chloropidae
Family Ephydridae
Family Lonchaeidae
Family Muscidae
    Genus Atherigona
Family Otitidae
    Genus Euxeta
Family Syrphidae
Family Tephritidae
Family Tipulidae
Order Hymenoptera
Family Apidae
Family Caphidae
Family Chalcidae
Family Cynipidae
Family Eurytomidae
Family Formicidae
Family Psilidae
Family Siricidae
Family Tenthredinidae
Family Torymidae
Family Xylocopidae

    Unclassified organisms and/or organisms whose classification is 
unknown.

    (b) Exemptions. (1) A limited permit for interstate movement shall 
not be required for genetic material from any plant pest contained in 
Escherichia coli genotype K-12 (strain K-12 and its derivatives), 
sterile strains of Saccharomyces cerevisiae, or asporogenic strains of 
Bacillus subtilis, provided that all the following conditions are met:
    (i) The microorganisms are shipped in a container that meets the 
requirements of Sec. 340.8(b)(3);
    (ii) The cloned genetic material is maintained on a nonconjugation 
proficient plasmid and the host does not contain other conjugation 
proficient plasmids or generalized transducing phages;
    (iii) The cloned material does not include the complete infectious 
genome of a known plant pest;
    (iv) The cloned genes are not carried on an expression vector if the 
cloned genes code for:
    (A) A toxin to plants or plant products, or a toxin to organisms 
beneficial to plants; or

[[Page 408]]

    (B) Other factors directly involved in eliciting plant disease 
(i.e., cell wall degrading enzymes); or
    (C) Substances acting as, or inhibitory to, plant growth regulators.
    (2) A limited permit for interstate movement is not required for 
genetic material from any plant pest contained in the genome of the 
plant Arabiodopsis thaliana, provided that all of the following 
conditions are met:
    (i) The plants or plant materials are shipped in a container that 
meets the requirements of Sec. 340.8(b) (1), (2), and (3);
    (ii) The cloned genetic material is stably integrated into the plant 
genome;
    (iii) The cloned material does not include the complete infectious 
genome of a known plant pest.

[52 FR 22908, June 16, 1987, as amended at 53 FR 12913, Apr. 20, 1988; 
55 FR 53276, Dec. 28, 1990; 58 FR 17056, Mar. 31, 1993]



Sec. 340.3  Notification for the introduction of certain regulated articles.5
---------------------------------------------------------------------------

    \5\ APHIS may issue guidelines regarding scientific procedures, 
practices, or protocols which it has found acceptable in making various 
determinations under the regulations. A person may follow an APHIS 
guideline or follow different procedures, practices, or protocols. When 
different procedures, practices, or protocols are followed, a person 
may, but is not required to, discuss the matter in advance with APHIS to 
help ensure that the procedures, practices, or protocols to be followed 
will be acceptable to APHIS.
---------------------------------------------------------------------------

    (a) General. Certain regulated articles may be introduced without a 
permit, provided that the introduction is in compliance with the 
requirements of this section. Any other introduction of regulated 
articles require a permit under Sec. 340.4, with the exception of 
introductions that are conditionally exempt from permit requirements 
under Sec. 340.2(b) of this part.
    (b) Regulated articles eligible for introduction under the 
notification procedure. Regulated articles which meet all of the 
following six requirements and the performance standards set forth in 
paragraph (c) of this section are eligible for introduction under the 
notification procedure.
    (1) The regulated article is any plant species that is not listed as 
a noxious weed in regulations at 7 CFR part 360 under the Plant 
Protection Act (7 U.S.C. 7712), and, when being considered for release 
into the environment, the regulated article is not considered by the 
Administrator to be a weed in the area of release into the environment.
    (2) The introduced genetic material is ``stably integrated'' in the 
plant genome, as defined in Sec. 340.1.
    (3) The function of the introduced genetic material is known and its 
expression in the regulated article does not result in plant disease.
    (4) The introduced genetic material does not:
    (i) Cause the production of an infectious entity, or
    (ii) Encode substances that are known or likely to be toxic to 
nontarget organisms known or likely to feed or live on the plant 
species, or
    (iii) Encode products intended for pharmaceutical use.
    (5) To ensure that the introduced genetic sequences do not pose a 
significant risk of the creation of any new plant virus, plant virus-
derived sequences must be:
    (i) Noncoding regulatory sequences of known function, or
    (ii) Sense or antisense genetic constructs derived from viral genes 
from plant viruses that are prevalent and endemic in the area where the 
introduction will occur and that infect plants of the same host species, 
and that do not encode a functional noncapsid gene product responsible 
for cell-to-cell movement of the virus.
    (6) The plant has not been modified to contain the following genetic 
material from animal or human pathogens:
    (i) Any nucleic acid sequence derived from an animal or human virus, 
or
    (ii) Coding sequences whose products are known or likely causal 
agents of disease in animals or humans.
    (c) Performance standards for introductions under the notification 
procedure. The following performance standards must be met for any 
introductions under the notification procedure.
    (1) If the plants or plant materials are shipped, they must be 
shipped in such a way that the viable plant material is unlikely to be 
disseminated

[[Page 409]]

while in transit and must be maintained at the destination facility in 
such a way that there is no release into the environment.
    (2) When the introduction is an environmental release, the regulated 
article must be planted in such a way that they are not inadvertently 
mixed with non-regulated plant materials of any species which are not 
part of the environmental release.
    (3) The plants and plant parts must be maintained in such a way that 
the identity of all material is known while it is in use, and the plant 
parts must be contained or devitalized when no longer in use.
    (4) There must be no viable vector agent associated with the 
regulated article.
    (5) The field trial must be conducted such that:
    (i) The regulated article will not persist in the environment, and
    (ii) No offspring can be produced that could persist in the 
environment.
    (6) Upon termination of the field test:
    (i) No viable material shall remain which is likely to volunteer in 
subsequent seasons, or
    (ii) Volunteers shall be managed to prevent persistence in the 
environment.
    (d) Procedural requirements for notifying APHIS. The following 
procedures shall be followed for any introductions under the 
notification procedure:
    (1) Notification should be directed to the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Biotechnology and 
Scientific Services, Biotechnology Permits, 4700 River Road, Unit 147, 
Riverdale, Maryland 20737-1237.
    (2) The notification shall include the following:
    (i) Name, title, address, telephone number, and signature of the 
responsible person;
    (ii) Information necessary to identify the regulated article(s), 
including:
    (A) The scientific, common, or trade names, and phenotype of 
regulated article,
    (B) The designations for the genetic loci, the encoded proteins or 
functions, and donor organisms for all genes from which introduced 
genetic material was derived, and
    (C) The method by which the recipient was transformed;
    (iii) The names and locations of the origination and destination 
facilities for movement or the field site location for the environmental 
release; and the size of the introduction,
    (iv) The date and, in the case of environmental release, the 
expected duration of the introduction (release); and
    (v) A statement that certifies that introduction of the regulated 
article will be in accordance with the provisions of this section.
    (3) Notification must be submitted to APHIS:
    (i) At least 10 days prior to the day of introduction, if the 
introduction is interstate movement.
    (ii) At least 30 days prior to the day of introduction, if the 
introduction is an importation.
    (iii) At least 30 days prior to the day of introduction, if the 
introduction is an environmental release.
    (4) Field test reports must be submitted to APHIS within 6 months 
after termination of the field test. Field test reports shall include 
the APHIS reference number, methods of observation, resulting data, and 
analysis regarding all deleterious effects on plants, nontarget 
organisms, or the environment.
    (5) The Administrator, shall be notified of any unusual occurrence 
within the time periods and in the manner specified in 
Sec. 340.4(f)(10).
    (6) Access shall be allowed for APHIS and State regulatory officials 
to inspect facilities and/or the field test site and any records 
necessary to evaluate compliance with the provisions of paragraphs (b) 
and (c) of this section.
    (e) Administrative action in response to notification. (1) APHIS 
will provide copies of all notifications to appropriate State regulatory 
official(s) for review within 5 business days of receipt. Comments to 
APHIS from appropriate State regulatory officials in response to 
notifications for interstate movement of regulated articles will not be 
required by APHIS prior to acknowledgment, although States may provide 
their reviews to APHIS at their discretion.

[[Page 410]]

    (2) The Administrator, will provide acknowledgement within 10 days 
of receipt that the interstate movement is appropriate under 
notification.
    (3) The Administrator, will provide acknowledgement within 30 days 
of receipt that the importation is appropriate under notification.
    (4) APHIS will provide acknowledgment within 30 days of receipt that 
the environmental release is appropriate under notification. Such 
acknowledgment will apply to field testing for 1 year from the date of 
introduction, and may be renewed annually by submission of an additional 
notification to APHIS.
    (5) A person denied permission for introduction of a regulated 
article under notification may apply for a permit for introduction of 
that regulated article without prejudice.

[58 FR 17056, Mar. 31, 1993, as amended at 59 FR 67610, Dec. 30, 1994; 
62 FR 23956, May 2, 1997; 66 FR 21058, Apr. 27, 2001]



Sec. 340.4  Permits for the introduction of a regulated article.6
---------------------------------------------------------------------------

    \6\ See footnote 5 in Sec. 340.3.
---------------------------------------------------------------------------

    (a) Application for permit. Two copies of a written application for 
a permit to introduce a regulated article, which may be obtained from 
APHIS, shall be submitted by the responsible person to the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Biotechnology and Scientific Services, Biotechnology Permits, 4700 River 
Road, Unit 147, Riverdale, Maryland 20737-1237. If there are portions of 
the application deemed to contain trade secret or confidential business 
information (CBI), each page of the application containing such 
information should be marked ``CBI Copy''. In addition, those portions 
of the application which are deemed ``CBI'' shall be so designated. The 
second copy shall have all such CBI deleted and shall be marked on each 
page of the application where CBI was deleted, ``CBI Deleted''. If an 
application does not contain CBI then the first page of both copies 
shall be marked ``No CBI''.
    (b) Permit for release into the environment. An application for the 
release into the environment of a regulated article shall be submitted 
at least 120 days in advance of the proposed release into the 
environment. An initial review shall be completed by APHIS within 30 
days of the receipt of the application. If the application is complete, 
the responsible individual shall be notified of the date of receipt of 
the application for purposes of advising the applicant when the 120 day 
review period commenced.\7\ If the application is not complete, the 
responsible individual will be advised what additional information must 
be submitted. APHIS shall commence the 120 day review period upon 
receipt of the additional information, assuming the additional 
information submitted is adequate. When it is determined that an 
application is complete, APHIS shall submit to the State department of 
agriculture of the State where the release is planned, a copy of the 
initial review and a copy of the application marked, ``CBI Deleted'', or 
``No CBI'' for State notification and review. The application shall 
include the following information: \8\
---------------------------------------------------------------------------

    \7\ The 120 day review period would be extended if preparation of an 
environmental impact statement in addition to an environmental 
assessment was necessary.
    \8\ Application forms are available without charge from the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Biotechnology and Scientific Services, Biotechnology Permits, 4700 River 
Road, Unit 147, Riverdale, Maryland 20737-1237, or from local offices 
which are listed in telephone directories. A person should specify in 
requesting the application that the permit is for the introduction of a 
regulated article subject to regulation under part 340.
---------------------------------------------------------------------------

    (1) Name, title, address, telephone number, signature of the 
responsible person and type of permit requested (for importation, 
interstate movement, or release into the environment);
    (2) All scientific, common, and trade names, and all designations 
necessary to identify the: Donor organism(s); recipient organism(s); 
vector or vector agent(s); constituent of each regulated article which 
is a product; and, regulated article;
    (3) Names, addresses, and telephone numbers of the persons who 
developed and/or supplied the regulated article;
    (4) A description of the means of movement (e.g., mail, common 
carrier,

[[Page 411]]

baggage, or handcarried (and by whom));
    (5) A description of the anticipated or actual expression of the 
altered genetic material in the regulated article and how that 
expression differs from the expression in the non-modified parental 
organism (e.g., morphological or structural characteristics, 
physiological activities and processes, number of copies of inserted 
genetic material and the physical state of this material inside the 
recipient organism (integrated or extrachromosomal), products and 
secretions, growth characteristics);
    (6) A detailed description of the molecular biology of the system 
(e.g., donor-recipient-vector) which is or will be used to produce the 
regulated article;
    (7) Country and locality where the donor organism, recipient 
organism, vector or vector agent, and regulated article were collected, 
developed, and produced;
    (8) A detailed description of the purpose for the introduction of 
the regulated article including a detailed description of the proposed 
experimental and/or production design;
    (9) The quantity of the regulated article to be introduced and 
proposed schedule and number of introductions;
    (10) A detailed description of the processes, procedures, and 
safeguards which have been used or will be used in the country of origin 
and in the United States to prevent contamination, release, and 
dissemination in the production of the: Donor organism; recipient 
organism; vector or vector agent; constituent of each regulated article 
which is a product; and regulated article;
    (11) A detailed description of the intended destination (including 
final and all intermediate destinations), uses, and/or distribution of 
the regulated article (e.g., greenhouses, laboratory, or growth chamber 
location; field trial location; pilot project location; production, 
propagation, and manufacture location; proposed sale and distribution 
location);
    (12) A detailed description of the proposed procedures, processes, 
and safeguards which will be used to prevent escape and dissemination of 
the regulated article at each of the intended destinations;
    (13) A detailed description of any biological material (e.g., 
culture medium, or host material) accompanying the regulated article 
during movement; and
    (14) A detailed description of the proposed method of final 
disposition of the regulated article.
    (c) Limited permits for interstate movement or importation of a 
regulated article. An application for the interstate movement or 
importation of a regulated article shall be submitted at least 60 days 
in advance of the first proposed interstate movement and at least 60 
days prior to each importation. An initial review shall be completed by 
APHIS within 15 days of the receipt of the application. If the 
application is complete, the responsible person shall be notified of the 
date of receipt of the application for purposes of advising the 
applicant when the 60 day review period commenced. If the application is 
not complete, the responsible person will be advised what additional 
information must be submitted. APHIS shall commence the 60 day review 
period upon receipt of the additional information, assuming the 
additional information submitted is adequate. When it is determined that 
an application is complete, APHIS shall submit to the State department 
of agriculture of the State of destination of the regulated article a 
copy of the initial review and the application marked, ``CBI Deleted'', 
or ``No CBI'' for State notification and review.
    (1) Limited permit for interstate movement. The responsible person 
may apply for a single limited permit for the interstate movement of 
multiple regulated articles in lieu of submitting an application for 
each individual interstate movement. Each limited permit issued shall be 
numbered and shall be valid for one year from the date of issuance. If a 
permit is sought for multiple interstate movements between contained 
facilities the responsible individual shall specify in the permit 
application all the regulated articles to be moved interstate; the 
origins and destinations of all proposed shipments;

[[Page 412]]

a detailed description of all the contained facilities where regulated 
articles will be utilized at destination; and a description of the 
containers that will be used to transport the regulated articles. A 
limited permit for interstate movement of a regulated article shall only 
be valid for the movement of those regulated articles moving between 
those locations specified in the application. If a person seeks to move 
regulated articles other than those specified in the application, or to 
a location other than those listed in the application, a supplemental 
application shall be submitted to APHIS. No person shall move a 
regulated article interstate unless the number of the limited permit 
appears on the outside of the shipping container. The responsible person 
shipping a regulated article interstate shall keep records for one year 
demonstrating that the regulated article arrived at its intended 
destination. The responsible person seeking a limited permit for 
interstate movement shall submit on an application form obtained from 
APHIS, the data required by paragraphs (b) (1), (2), (4), (6), (7), (9), 
and (11) through (14) of this section.
    (2) Limited permit for importation. The responsible person seeking a 
permit for the importation of a regulated article shall submit an 
application for a permit prior to the importation of each shipment of 
regulated articles. The responsible person importing a regulated article 
shall keep records for one year demonstrating that the regulated article 
arrived at its intended destination. The responsible person seeking a 
limited permit for importation shall submit on an application form 
obtained from APHIS data required by paragraphs (b) (1), (2), (4), (6), 
(7), (9), and (11) through (14) of this section.\9\
---------------------------------------------------------------------------

    \9\ Renewals may receive shorter review. In the case of a renewal 
for a limited permit for importation that has been issued less than one 
year earlier, APHIS will notify the responsible person within 15 days 
that either: (1) The renewal permit is approved or (2) that a 60 day 
review period is necessary because the conditions of the original permit 
have changed.
---------------------------------------------------------------------------

    (d) Premises inspection. An inspector may inspect the site or 
facility where regulated articles are proposed, pursuant to a permit, to 
be released into the environment or contained after their interstate 
movement or importation. Failure to allow the inspection of a premises 
prior to the issuance of a permit or limited permit shall be grounds for 
the denial of the permit.
    (e) Administrative action on applications. After receipt and review 
by APHIS of the application and the data submitted pursuant to paragraph 
(a) of this section, including any additional information requested by 
APHIS, a permit shall be granted or denied. If a permit is denied, the 
applicant shall be promptly informed of the reasons why the permit was 
denied and given the opportunity to appeal the denial in accordance with 
the provisions of paragraph (g) of this section. If a permit is granted, 
the permit will specify the applicable conditions for introduction of 
the regulated article under this part.
    (f) Permit conditions. A person who is issued a permit and his/her 
employees or agents shall comply with the following conditions, and any 
supplemental conditions which shall be listed on the permit, as deemed 
by the Administrator to be necessary to prevent the dissemination and 
establishment of plant pests:
    (1) The regulated article shall be maintained and disposed of (when 
necessary) in a manner so as to prevent the dissemination and 
establishment of plant pests.
    (2) All packing material, shipping containers, and any other 
material accompanying the regulated article shall be treated or disposed 
of in such a manner so as to prevent the dissemination and establishment 
of plant pests.
    (3) The regulated article shall be kept separate from other 
organisms, except as specifically allowed in the permit;
    (4) The regulated article shall be maintained only in areas and 
premises specified in the permit;
    (5) An inspector shall be allowed access, during regular business 
hours, to the place where the regulated article is located and to any 
records relating to the introduction of a regulated article;
    (6) The regulated article shall, when possible, be kept identified 
with a label showing the name of the regulated article, and the date of 
importation;

[[Page 413]]

    (7) The regulated article shall be subject to the application of 
measures determined by the Administrator to be necessary to prevent the 
accidental or unauthorized release of the regulated article;
    (8) The regulated article shall be subject to the application of 
remedial measures (including disposal) determined by the Administrator 
to be necessary to prevent the spread of plant pests;
    (9) A person who has been issued a permit shall submit to APHIS a 
field test report within 6 months after the termination of the field 
test. A field test report shall include the APHIS reference number, 
methods of observation, resulting data, and analysis regarding all 
deleterious effects on plants, nontarget organisms, or the environment.
    (10) APHIS shall be notified within the time periods and manner 
specified below, in the event of the following occurrences:
    (i) Orally notified immediately upon discovery and notify in writing 
within 24 hours in the event of any accidental or unauthorized release 
of the regulated article;
    (ii) In writing as soon as possible but not later than within 5 
working days if the regulated article or associated host organism is 
found to have characteristics substantially different from those listed 
in the application for a permit or suffers any unusual occurrence 
(excessive mortality or morbidity, or unanticipated effect on non-target 
organisms);
    (11) A permittee or his/her agent and any person who seeks to import 
a regulated article into the United States shall:
    (i) Import or offer the regulated article for entry only at a port 
of entry which is designated by an asterisk in 7 CFR 319.37-14(b);
    (ii) Notify APHIS promptly upon arrival of any regulated article at 
a port of entry, of its arrival by such means as a manifest, customs 
entry document, commercial invoice, waybill, a broker's document, or a 
notice form provided for such purpose; and
    (iii) Mark and identify the regulated article in accordance with 
Sec. 340.5 of this part.
    (g) Withdrawal or denial of a permit. Any permit which has been 
issued may be withdrawn by an inspector or the Administrator if he/she 
determines that the holder thereof has not complied with one or more of 
the conditions listed on the permit. APHIS will confirm the reasons for 
the withdrawal of the permit in writing within ten (10) days. Any person 
whose permit has been withdrawn or any person who has been denied a 
permit may appeal the decision in writing to the Administrator within 
ten (10) days after receiving the written notification of the withdrawal 
or denial. The appeal shall state all of the facts and reasons upon 
which the person relies to show that the permit was wrongfully withdrawn 
or denied. The 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 such conflict. Rules of practice concerning such a hearing 
will be adopted by the Administrator.
    (h) Courtesy permit--(1) Issuance. The Administrator may issue a 
courtesy permit for the introduction of organisms modified through 
genetic engineering which are not subject to regulation under this part 
to facilitate movement when the movement might otherwise be impeded 
because of the similarity of the organism to other organisms regulated 
under this part.
    (2) Application. A person seeking a courtesy permit shall submit on 
an application form obtained from APHIS data required by paragraphs (b) 
(1), (2), and (5) of this section and shall indicate such data is being 
submitted as a request for a courtesy permit. A person should also 
include a statement explaining why he or she believes the organism or 
product does not come within the definition of a regulated article. The 
application shall be submitted at least 60 days prior to the time the 
courtesy permit is sought.
    (3) Administrative action. APHIS shall complete an initial review 
within 15 days of the date of receipt of the application. If the 
application is complete, the responsible individual shall be notified of 
the date of receipt of the application for purposes of advising the

[[Page 414]]

applicant when the 60 day review period commenced. If the application is 
not complete, the responsible individual will be advised what additional 
information must be submitted, and shall commence the 60 day review 
period upon receipt of the additional information, assuming the 
additional information submitted is adequate. Within 60 days from the 
date of receipt of a complete application, APHIS will either issue a 
courtesy permit or advise the responsible individual that a permit is 
required under paragraph (b) or (c) of this section.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, 
as amended at 58 FR 17058, Mar. 31, 1993; 59 FR 67610, Dec. 30, 1994; 62 
FR 23956, 23957, May 2, 1997]



Sec. 340.5  Petition to amend the list of organisms.10
---------------------------------------------------------------------------

    \10\ See footnote 5 in Sec. 340.3.
---------------------------------------------------------------------------

    (a) General. Any person may submit to the Administrator a petition 
to amend the list of organisms in Sec. 340.2 of this part by adding or 
deleting any genus, species, or subspecies. A petitioner may supplement, 
amend, or withdraw a petition in writing without prior approval of the 
Administrator and without prejudice to resubmission at any time until 
the Administrator rules on the petition. A petition to amend the list of 
organisms shall be submitted in accordance with the procedures and 
format specified by this section.
    (b) Submission procedures and format. A person shall submit two 
copies of a petition to the Animal and Plant Health Inspection Service, 
Biotechnology and Scientific Services, PPQ, Biotechnology Permits, 4700 
River Road, Unit 147, Riverdale, Maryland 20737-1237. The petition 
should be dated, and structured as follows:

                      Petition To Amend 7 CFR 340.2

    The undersigned submits this petition under 7 CFR 340.4 to request 
that the Administrator [add the following genus, species, or subspecies 
to the list of organisms in 7 CFR 340.2] or [to remove the following 
genus, species, or subspecies from the list of organisms in Sec. 340.2].

                         A. Statement of Grounds

    (A person must present a full statement explaining the factual 
grounds why the genus, species, or subspecies to be added to Sec. 340.2 
of this part is a plant pest or why there is reason to believe the 
genus, species, or subspecies is a plant pest or why the genus, species, 
or subspecies sought to be removed is not a plant pest or why there is 
reason to believe the genus, species, or subspecies is not a plant pest. 
The petition should include copies of scientific literature which the 
petitioner is relying upon, copies of unpublished studies, or data from 
tests performed. The petition should not include trade secret or 
confidential business information.
    A person should also include representative information known to the 
petitioner which would be unfavorable to a petition for listing or 
delisting. (If a person is not aware of any unfavorable information the 
petition should state, Unfavorable Information: NONE).

                            B. Certification

    The undersigned certifies, that to the best knowledge and belief of 
the undersigned, this petition includes all information and views on 
which the petitioner relies, and that it includes representative data 
and information known to the petitioner which are unfavorable to the 
petition.

(Signature)_____________________________________________________________
(Name of petitioner)____________________________________________________
(Mailing address)_______________________________________________________
(Telephone number)______________________________________________________

    (c) Administrative action on a petition. (1) A petition to amend the 
list of organisms which meets the requirements of paragraph (b) of this 
section will be filed by the APHIS, stamped with the date of filing, and 
assigned a docket number. The docket number shall identify the file 
established for all submissions relating to the petition. APHIS, will 
promptly notify the petitioner in writing of the filing and docket 
number of a petition. If a petition does not meet the requirements of 
paragraph (b) of this section, the petitioner shall be sent a notice 
indicating how the petition is deficient.
    (2) After the filing of a petition to amend the list of organisms 
USDA shall publish a proposal in the Federal Register to amend 
Sec. 340.2 and solicit comments thereon from the public. An interested 
person may submit written comments to the APHIS on a filed petition, 
which shall become part of the docket file.

[[Page 415]]

    (3) The Administrator shall furnish a response to each petitioner 
within 180 days of receipt of the petition. The response will either: 
(i) Approve the petition in whole or in part in which case the 
Administrator shall concurrently take appropriate action (publication of 
a document in the Federal Register amending Sec. 340.2 of this part; or 
(ii) deny the petition in whole or in part. The petitioner shall be 
notified in writing of the Administrator's decision. The decision shall 
be placed in the public docket file in the offices of APHIS, and in the 
form of a notice published in the Federal Register.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, 
as amended at 58 FR 17059, Mar. 31, 1993; 59 FR 67611, Dec. 30, 1994; 62 
FR 23957, May 2, 1997]



Sec. 340.6  Petition for determination of nonregulated status. 11
---------------------------------------------------------------------------

    \11\ See footnote 5 in Sec. 340.3.
---------------------------------------------------------------------------

    (a) General. Any person may submit to the Administrator, a petition 
to seek a determination that an article should not be regulated under 
this part. A petitioner may supplement, amend, or withdraw a petition in 
writing without prior approval of the Administrator, and without 
affecting resubmission at any time until the Administrator, rules on the 
petition. A petition for determination of nonregulated status shall be 
submitted in accordance with the procedure and format specified in this 
section.
    (b) Submission procedures and format. A person shall submit two 
copies of a petition to the Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Biotechnology and Scientific Services, 
Biotechnology Coordination and Technical Assistance, 4700 River Road, 
Unit 146, Riverdale, Maryland 20737-1237. The petition shall be dated 
and structured as follows:

            Petition for Determination of Nonregulated Status

    The undersigned submits this petition under 7 CFR 340.6 to request 
that the Administrator, make a determination that the article should not 
be regulated under 7 CFR part 340.

(Signature)_____________________________________________________________

                         A. Statement of Grounds

    A person must present a full statement explaining the factual 
grounds why the organism should not be regulated under 7 CFR part 340. 
The petitioner shall include copies of scientific literature, copies of 
unpublished studies, when available, and data from tests performed upon 
which to base a determination. The petition shall include all 
information set forth in paragraph (c) of 7 CFR 340.6. If there are 
portions of the petition deemed to contain trade secret or confidential 
business information (CBI), each page of the petition containing such 
information should be marked ``CBI Copy''. In addition, those portions 
of the petition which are deemed ``CBI'' shall be so designated. The 
second copy shall have all such CBI deleted and shall have marked on 
each page where the CBI was deleted: ``CBI Deleted.'' If a petition does 
not contain CBI, the first page of both copies shall be marked: ``No 
CBI.''
    A person shall also include information known to the petitioner 
which would be unfavorable to a petition. If a person is not aware of 
any unfavorable information, the petition should state, ``Unfavorable 
information: NONE.''

                            B. Certification

    The undersigned certifies, that to the best knowledge and belief of 
the undersigned, this petition includes all information and views on 
which to base a determination, and that it includes relevant data and 
information known to the petitioner which are unfavorable to the 
petition.

(Signature)_____________________________________________________________

(Name of Petitioner)____________________________________________________

(Mailing Address)_______________________________________________________

(Telephone Number)______________________________________________________

    (c) Required data and information. The petition shall include the 
following information:
    (1) Description of the biology of the nonmodified recipient plant 
and information necessary to identify the recipient plant in the 
narrowest taxonomic grouping applicable.
    (2) Relevant experimental data and publications.
    (3) A detailed description of the differences in genotype between 
the regulated article and the nonmodified recipient organism. Include 
all scientific, common, or trade names, and all designations necessary 
to identify: the donor organism(s), the nature of the

[[Page 416]]

transformation system (vector or vector agent(s)), the inserted genetic 
material and its product(s), and the regulated article. Include country 
and locality where the donor, the recipient, and the vector organisms 
and the regulated articles are collected, developed, and produced.
    (4) A detailed description of the phenotype of the regulated 
article. Describe known and potential differences from the unmodified 
recipient organism that would substantiate that the regulated article is 
unlikely to pose a greater plant pest risk than the unmodified organism 
from which it was derived, including but not limited to: Plant pest risk 
characteristics, disease and pest susceptibilities, expression of the 
gene product, new enzymes, or changes to plant metabolism, weediness of 
the regulated article, impact on the weediness of any other plant with 
which it can interbreed, agricultural or cultivation practices, effects 
of the regulated article on nontarget organisms, indirect plant pest 
effects on other agricultural products, transfer of genetic information 
to organisms with which it cannot interbreed, and any other information 
which the Administrator believes to be relevant to a determination. Any 
information known to the petitioner that indicates that a regulated 
article may pose a greater plant pest risk than the unmodified recipient 
organism shall also be included.
    (5) Field test reports for all trials conducted under permit or 
notification procedures, involving the regulated article, that were 
submitted prior to submission of a petition for determination of 
nonregulated status or prior to submission of a request for extension of 
a determination of nonregulated status under paragraph (e) of this part. 
Fiedl test reports shall include the APHIS reference number, methods of 
observation, resulting data, and analysis regarding all deleterious 
effects on plants, nontarget organisms, or the environment.
    (d) Administrative action on a petition. (1) A petition for 
determination of nonregulated status under this part which meets the 
requirements of paragraphs (b) and (c) of this section will be filed by 
the Administrator, stamped with the date of filing, and assigned a 
petition number. The petition number shall identify the file established 
for all submissions relating to the petition. APHIS will promptly notify 
the petitioner in writing of the filing and the assigned petition 
number. If a petition does not meet the requirements specified in this 
section, the petitioner shall be sent a notice indicating how the 
petition is deficient.
    (2) After the filing of a completed petition, APHIS shall publish a 
notice in the Federal Register. This notice shall specify that comments 
will be accepted from the public on the filed petition during a 60 day 
period commencing with the date of the notice. During the comment 
period, any interested person may submit to the Administrator, written 
comments, regarding the filed petition, which shall become part of the 
petition file.
    (3) The Administrator shall, based upon available information, 
furnish a response to each petitioner within 180 days of receipt of a 
completed petition. The response will either:
    (i) Approve the petition in whole or in part; or
    (ii) deny the petition.
    The petitioner shall be notified in writing of the Administrator's 
decision. The decision shall be placed in the public petition file in 
the offices of APHIS and notice of availability published in the Federal 
Register.
    (e) Extensions to determinations of nonregulated status. (1) The 
Administrator may determine that a regulated article does not pose a 
potential for plant pest risk, and should therefore not be regulated 
under this part, based on the similarity of that organism to an 
antecedent organism.
    (2) A person may request that APHIS extend a determination of 
nonregulated status to other organisms. Such a request shall include 
information to establish the similarity of the antecedent organism and 
the regulated articles in question.
    (3) APHIS will announce in the Federal Register all preliminary 
decisions to extend determinations of nonregulated status 30 days before 
the decisions become final and effective. If additional information 
becomes available that APHIS believes justifies

[[Page 417]]

changing its decision, it will issue a revised decision.
    (4) If a request to APHIS to extend a determination of nonregulated 
status under this part is denied, APHIS will inform the submitter of 
that request of the reasons for denial. The submitter may submit a 
modified request or a separate petition for determination of 
nonregulated status without prejudice.
    (f) Denial of a petition; appeal. (1) The Administrator's written 
notification of denial of a petition shall briefly set forth the reason 
for such denial. The written notification shall be sent by certified 
mail. Any person whose petition has been denied may appeal the 
determination in writing to the Administrator within 10 days from 
receipt of the written notification of denial.
    (2) The appeal shall state all of the facts and reasons upon which 
the person relies, including any new information, to show that the 
petition was wrongfully denied. The Administrator shall grant or deny 
the appeal, in writing, stating the reasons for the decision as promptly 
as circumstances allow. An informal hearing may be held by the 
Administrator if there is a dispute of a material fact. Rules of 
Practice concerning such a hearing will be adopted by the Administrator.

[58 FR 17057, Mar. 31, 1993, as amended at 59 FR 67611, Dec. 30, 1994; 
62 FR 23957, May 2, 1997]



Sec. 340.7  Marking and identity.

    (a) Any regulated article to be imported other than by mail, shall, 
at the time of importation into the United States, plainly and correctly 
bear on the outer container the following information:
    (1) General nature and quantity of the contents;
    (2) Country and locality where collected, developed, manufactured, 
reared, cultivated or cultured;
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the organism;
    (4) Name, address, and telephone number of consignee;
    (5) Identifying shipper's mark and number; and
    (6) Number of written permit authorizing the importation.
    (b) Any regulated article imported by mail, shall be plainly and 
correctly addressed and mailed to APHIS at a port of entry designated by 
an asterisk in 7 CFR 319.37-14(b) and 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 collected, developed, manufactured, 
reared, cultivated, or cured;
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the regulated article; and
    (4) Number of permit authorizing the importation;
    (c) Any regulated article imported into the United States by mail or 
otherwise shall, at the time of importation or offer for importation 
into the United States, be accompanied by an invoice or packing list 
indicating the contents of the shipment.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993, 
as amended at 58 FR 17059, Mar. 31, 1993; 62 FR 23958, May 2, 1997]



Sec. 340.8  Container requirements for the movement of regulated articles.

    (a) General requirements. A regulated article shall not be moved 
unless it complies with the provisions of paragraph (b) of this section, 
unless a variance has been granted in accordance with the provisions of 
paragraph (c) of this section. \12\
---------------------------------------------------------------------------

    \12\ The requirements of this section are in addition to and not in 
lieu of any other packing requirements such as those for the 
transportation of etiologic agents prescribed by the Department of 
Transportation in Title 49 CFR or any other agency of the Federal 
government.
---------------------------------------------------------------------------

    (b) Container requirements--(1) Plants and plant parts. All plants 
or plant parts, except seeds, cells, and subcellular elements, shall be 
packed in a sealed plastic bag of at least 5 mil thickness, inside a 
sturdy, sealed, leak-proof, outer shipping container constructed of 
corrugated fiberboard, corrogated cardboard, wood, or other material of 
equivalent strength.

[[Page 418]]

    (2) Seeds. All seeds shall be transported in a sealed plastic bag of 
at least 5 mil thickness, inside a sealed metal container, which shall 
be placed inside a second sealed metal container. Shock absorbing 
cushioning material shall be placed between the inner and outer metal 
containers. Each metal container shall be independently capable of 
protecting the seeds and preventing spillage or escape. Each set of 
metal containers shall then be enclosed in a sturdy outer shipping 
container constructed of corrugated fiberboard, corrugated cardboard, 
wood, or other material of equivalent strength.
    (3) Live microorganisms and/or etiologic agents, cells, or 
subcellular elements. All regulated articles which are live (non-
inactivated) microorganisms, or etiologic agents, cells, or subcellular 
elements shall be packed as specified below:
    (i) Volume not exceeding 50 ml. Regulated articles not exceeding 50 
ml shall be placed in a securely closed, watertight container (primary 
container, test tube, vial, etc.) which shall be enclosed in a second, 
durable watertight container (secondary container). Several primary 
containers may be enclosed in a single secondary container, if the total 
volume of all the primary containers so enclosed does not exceed 50 ml. 
The space at the top, bottom, and sides between the primary and 
secondary containers shall contain sufficient nonparticulate absorbent 
material (e.g., paper towel) to absorb the entire contents of the 
primary container(s) in case of breakage or leakage. Each set of primary 
and secondary containers shall then be enclosed in an outer shipping 
container constructed of corrugated fiberboard, corrugated cardboard, 
wood, or other material of equivalent strength.
    (ii) Volume greater than 50 ml. Regulated articles which exceed a 
volume of 50 ml. shall comply with requirements specified in paragraph 
(b)(3)(i) of this section. In addition, a shock absorbing material, in 
volume at least equal to that of the absorbent material between the 
primary and secondary containers, shall be placed at the top, bottom, 
and sides between the secondary container and the outer shipping 
container. Single primary containers shall not contain more than 1,000 
ml. of material. However, two or more primary containers whose combined 
volumes do not exceed 1,000 ml. may be placed in a single, secondary 
container. The maximum amount of micro-organisms or etiologic agents, 
cells, or subcellular elements which may be enclosed within a single 
outer shipping container shall not exceed 4,000 ml.
    (iii) Dry ice. If dry ice is used as a refrigerant, it shall be 
placed outside the secondary container(s). If dry ice is used between 
the secondary container and the outer shipping container, the shock 
absorbing material shall be placed so that the secondary container does 
not become loose inside the outer shipping container as the dry ice 
sublimates.
    (4) Insects, mites, and related organisms. Insects, mites, and other 
small arthropods shall be packed for shipment as specified in this 
paragraph or in paragraph (b)(3) of this section. Insects (any life 
stage) shall be placed in an escape-proof primary shipping container 
(insulated vacuum container, glass, metal, plastic, etc.) and sealed to 
prevent escape. Such primary container shall be placed securely within a 
secondary shipping container of crushproof styrofoam or other material 
of equivalent strength; one or more rigid ice packs may also be placed 
within the secondary shipping container; and sufficient packing material 
shall be added around the primary container to prevent movement of the 
primary shipping container. The secondary (styrofoam or other) container 
shall be placed securely within an outer shipping container constructed 
of corrugated fiberboard, corrugated cardboard, wood, or other material 
of equivalent strength.
    (5) Other macroscopic organisms. Other macroscopic organisms not 
covered in paragraphs (b) (1), (2), and (4) of this section which do not 
require continuous access to atmospheric oxygen shall be packaged as 
specified in paragraph (b)(3) or (b)(4) of this section. All macroscopic 
organisms which are not plants and which require continuous access to 
atmospheric oxygen shall be placed in primary shipping containers 
constructed of a sturdy, crush-proof frame of wood, metal, or equivalent

[[Page 419]]

strength material, surrounded by escape-proof mesh or netting of a 
strength and mesh size sufficient to prevent the escape of the smallest 
organism in the shipment, with edges and seams of the mesh or netting 
sealed to prevent escape of organisms. Each primary shipping container 
shall be securely placed within a larger secondary shipping container 
constructed of wood, metal, or equivalent strength material. The primary 
and secondary shipping containers shall then be placed securely within 
an outer shipping container constructed of corrugated fiberboard, 
corrugated cardboard, wood, or other material of equivalent strength, 
which outer container may have air holes or spaces in the sides and/or 
ends of the container, provided that the outer shipping container must 
retain sufficient strength to prevent crushing of the primary and 
secondary shipping containers.
    (c) Request for a variance from container requirements. A 
responsible person who believes the container requirements normally 
applicable to the movement of the person's regulated article(s) are 
inappropriate due to unique circumstances (such as the nature, volume, 
or life stage of the regulated article) may submit in an application for 
a permit, a request for a variance from the container requirements. The 
request for a variance under this section shall consist of a short 
statement describing why the normally applicable container requirements 
are inappropriate for the regulated article which the person proposes to 
move and what container requirements the person would use in lieu of the 
normally prescribed container requirements. USDA shall advise the 
responsible person in writing at the time a permit is granted on the 
person's request for a variance.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997]



Sec. 340.9  Cost 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.\13\ The U.S. Department of Agriculture will not be responsible for 
any costs or charges incident to inspections or compliance with the 
provisions of this part, other than for the services of the inspector.
---------------------------------------------------------------------------

    \13\ The Department's provisions relating to overtime charges for an 
inspector's services are set forth in 7 CFR part 354.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997]



PART 351--IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL--Table of Contents




    Authority: 7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22, 
2.80, and 371.3.
Sec.
351.1  Joint treatment generally.
351.2  Location of inspectors.
351.3  Procedure on arrival.
351.4  Records.
351.5  Return or destruction.
351.6  Packages in closed mail dispatches.
351.7  Regulations governing importation by mail of plant material for 
          immediate export.

    Cross Reference: For customs regulations governing importation of 
plants and plant products, see 19 CFR part 12.

    Authority: 7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22, 
2.80, and 371.3.



Sec. 351.1  Joint treatment generally.

    The entry into the United States of certain plants, plant products, 
and soil is prohibited or restricted through various orders, 
quarantines, and regulations promulgated by the Administrator of the 
Animal and Plant Health Inspection Service (APHIS) under the authority 
of the Plant Protection Act (7 U.S.C. 7701-7772). To assist in enforcing 
the aforementioned orders, quarantines, and regulations, the Plant 
Protection and Quarantine Programs of APHIS have made provisions with 
the U.S. Postal and Customs Services to ensure closer inspection of 
prohibited or restricted imported articles.

[66 FR 21059, Apr. 27, 2001]



Sec. 351.2  Location of inspectors.

    Inspectors of the Plant Protection and Quarantine Programs and 
customs

[[Page 420]]

officers are stationed at the following locations:

    Anchorage, Alaska, Arlington, Va., Atlanta, Ga., Baltimore, Md., 
Baton Rouge, La., Blaine, Wash., Boston, Mass., Brownsville, Tex., 
Buffalo, N.Y., Calexico, Calif., Chantilly, Va., Charleston, S.C., 
Charlotte Amalie, St. Thomas, V.I., Chicago, Ill., Christiansted, St. 
Croix, V.I., Cleveland, Ohio., Corpus Christi, Tex., Dallas, Tex., Del 
Rio, Tex., Detroit, Mich., Douglas, Ariz., Dover, Del., Duluth, Minn., 
Eagle Pass, Tex., El Paso, Tex., Galveston, Tex., Hidalgo, Tex., Hilo, 
Hawaii, Hoboken, N.J., Honolulu, Hawaii, Houston, Tex., Jacksonville, 
Fla., Jamaica, L.I., N.Y., Key West, Fla., Laredo, Tex., McGuire AFB, 
N.J., Memphis, Tenn., Miami, Fla., Milwaukee, Wis., Mobile, Ala., New 
Orleans, La., New York, N.Y., Newport News, Va., Nogales, Ariz., 
Norfolk, Va., Pensacola, Fla., Philadelphia, Pa., Port Arthur, Tex., 
Port Canaveral, Fla., Port Everglades, Fla., Portland, Oreg., Presidio, 
Tex., Progreso, Tex., Ramey AFB, P.R., Roma, Tex., Rouses Point, N.Y., 
St. Paul, Minn., San Antonio, Tex., San Diego, Calif., San Francisco, 
Calif., San Juan, P.R., San Luis, Ariz., San Pedro, Calif., San Ysidro, 
Calif., Savannah, Ga., Seattle, Wash., Tampa, Fla., Toledo, Ohio, 
Washington, DC, West Palm Beach, Fla., Wilmington, N.C.

[28 FR 5203, May 24, 1963, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 351.3  Procedure on arrival.

    All parcel post or other mail packages from foreign countries which, 
either from examination or external evidence, are found or are believed 
to contain plants or plant products, shall be dispatched for submission, 
or actually submitted, to the plant quarantine inspector at the most 
accessible location listed in Sec. 351.2. The inspector shall pass upon 
the contents under the Plant Quarantine Act and Federal Plant Pest Act 
and with the cooperation of the customs and postal officers either
    (a) Release the package from further plant quarantine examination 
and endorse his decision thereon; or
    (b) Divert it to the Plant Quarantine Station at Washington, DC, 
Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., 
Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San 
Juan, P.R., San Pedro, Calif., or Seattle, Wash., for whatever 
disposition is deemed warranted. If so diverted, the plant quarantine 
inspector shall attach to the package the yellow and green special 
mailing tag addressed to the proper quarantine station. A package so 
diverted shall be accompanied by customs card Form 3511 and transmitted 
to the appropriate Customs office for referral to the Plant Quarantine 
Station. Envelopes containing customs card Form 3511 addressed to the 
collector of customs, New York, N.Y., shall contain a notation that the 
material is to be referred to the Plant Protection and Quarantine 
Programs, Hoboken, N.J.

[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963, as 
amended at 36 FR 24917, Dec. 24, 1971]



Sec. 351.4  Records.

    The customs officers at Washington, DC, Brownsville, Tex., Hoboken, 
N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., 
New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, 
Calif., or Seattle, Wash., shall keep a record of such packages as may 
be delivered to representatives of the Department of Agriculture, and 
upon the return thereof shall prepare a mail entry to accompany the 
dutiable package and deliver it to the postmaster for delivery or onward 
dispatch or in appropriate cases subject the shipment to formal customs 
entry procedure.

[28 FR 5204, May 24, 1963]



Sec. 351.5  Return or destruction.

    Where the plant quarantine inspector requires the entire shipment to 
be returned to the country of origin as a prohibited importation (in 
which event he shall endorse his action thereon) and delivers the 
shipment to the collector of customs, the collector shall in turn 
deliver it to the postmaster for dispatch to the country of origin. If, 
upon examination, the plant material is deemed dangerous to plant life, 
the collector of customs shall permit the plant quarantine inspector to 
destroy immediately both the container and its contents. In either case 
the plant quarantine inspector shall notify the addressee of the action 
taken and the reason therefor. If the objectionable plant material forms 
only a portion of the contents of the mail package and in the judgment 
of the inspector the

[[Page 421]]

package can safely be delivered to the addressee, after removing and 
destroying the objectionable material, such procedure is authorized. In 
the latter case the inspector shall place in the package a memorandum 
(Form AQI-387) informing the addressee of the action taken by the 
inspector and describing the matter which has been seized and destroyed 
and the reasons therefor.

[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 351.6  Packages in closed mail dispatches.

    The foregoing instructions shall be followed in the treatment of 
packages containing plants or plant products received in closed mail 
dispatches made up for transmission directly to a post office located at 
a customs port at which no plant quarantine inspector is stationed. Such 
packages (accompanied by customs card Form 3511) shall be forwarded by 
the collector of customs through the postmaster to the most accessible 
location listed in Sec. 351.2 for appropriate treatment in the manner 
hereinbefore provided. This procedure shall also be followed in respect 
to such packages which are forwarded to unlisted post offices from the 
post office of original receipt, without having received plant 
quarantine examination. Packages discovered at post offices where no 
customs officer is located shall be forwarded by the postmaster under 
his official penalty envelope addressed to the collector of customs at 
the most accessible location listed for appropriate treatment as 
prescribed herein.

[24 FR 9923, Dec. 9, 1959, as amended at 36 FR 24917, Dec. 24, 1971]



Sec. 351.7  Regulations governing importation by mail of plant material for immediate export.

    To collectors of customs and others concerned:
    (a) Shipments of plant material may be imported by mail free of duty 
for immediate exportation by mail subject to the following regulations, 
which have been approved by the Department of Agriculture and the Post 
Office Department:
    (1) Each shipment shall be dispatched in the mails from abroad, 
accompanied by a yellow and green special mail tag bearing the serial 
number of the permit for entry for immediate exportation or immediate 
transportation and exportation, issued by the U.S. Department of 
Agriculture, and also the postal form of customs declaration.
    (2) Upon arrival, the shipment shall be detained by, or redispatched 
to, the postmaster at Washington, DC, Brownsville, Tex., Hoboken, N.J., 
Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New 
Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., 
or Seattle, Wash., as may be appropriate, according to the address on 
the yellow and green tag, and there submitted to the customs officer and 
the Federal quarantine inspector. The merchandise shall under no 
circumstances be permitted to enter the commerce of the United States.
    (3) After inspection by the customs and quarantine officers, and 
with their approval, the addressee, or his authorized agent, shall 
repack and readdress the mail parcel under customs supervision; affix to 
the parcel the necessary postage, and comply with other mailing 
requirements, after which the parcel shall be delivered to the 
postmaster for exportation by mail pursuant to 19 CFR 9.11(a). The 
contents of the original parcel may be subdivided and exported in 
separate parcels in like manner.
    (4) It will not be necessary to issue a customs mail entry nor to 
require formal entry of the shipments.
    (5) The mail shipments referred to shall be accorded special 
handling only at the points specified in paragraph (a)(2) of this 
section.
    (6) The foregoing procedure shall not affect the movement of plant 
material in the international mails in transit through the United 
States.

[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963]



PART 352--PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents




Sec.
352.1  Definitions.

[[Page 422]]

352.2  Purpose; relation to other regulations; applicability.
352.3  Enforcement and administration.
352.4  Documentation.
352.5  Permit; requirement, form and conditions.
352.6  Application for permit and approval or denial thereof.
352.7  Notice of arrival.
352.8  Marking requirements.
352.9  Ports.
352.10  Inspection; safeguards; disposal.
352.11  Mail.
352.12  Baggage.
352.13  Certain conditions under which change of Customs entry or 
          diversion is permitted.
352.14  Costs.
352.15  Caution.
352.16-352.28  [Reserved]
352.29  Administrative instructions: Avocados from Mexico.
352.30  Administrative instructions: Certain oranges, tangerines, and 
          grapefruit from Mexico.

    Authority: 7 U.S.C. 7711-7714, 7731, 7734, and 8311; 21 U.S.C. 136 
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Source: 25 FR 1929, Mar. 5, 1960, unless otherwise noted.



Sec. 352.1  Definitions.

    (a) This part may be cited by the short title: ``Safeguard 
Regulations.'' This title shall be understood to include both the 
regulations and administrative instructions in this part.
    (b) Words used in the singular form in this part shall be deemed to 
import the plural and vice versa as the case may demand. For purposes of 
this part, unless the context otherwise requires, the following terms 
shall be construed, respectively, to mean:
    Administrative instructions. Published documents set forth in this 
part relating to the enforcement of this part, and issued under 
authority thereof by the Deputy Administrator.
    Brought in for temporary stay where unloading or landing is not 
intended. Brought in by carrier but not intended to be unloaded or 
landed from such carrier. This phrase includes movement (i) departing 
from the United States on the same carrier directly from the point of 
arrival therein; and (ii) transiting a part of the United States before 
departure therefrom, and applies whether movement under Customs 
procedure is as residue cargo or follows some form of Customs entry.
    Carrier; means of conveyance. Automobile, truck, animal-drawn 
vehicle, railway car, aircraft, ship, or other means of transportation.
    Customs. The U.S. Customs Service, Department of the Treasury, or, 
with reference to Guam, the Customs Office of the Government of Guam.
    Deputy Administrator. 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 delegated or may hereafter be delegated to act in his 
stead.
    Foreign trade zone. A formally prescribed area containing various 
physical facilities located in or adjacent to ports of entry under the 
jurisdiction of the United States and established, operated, and 
maintained as a foreign trade zone pursuant to the Foreign-Trade Zones 
Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended, 
wherein foreign merchandise, as well as domestic merchandise, may be 
deposited for approved purposes. Movement into and from such area is 
subject to applicable customs, plant quarantine, and other Federal 
requirements.
    Immediate (export, trans-shipment, or transportation and 
exportation). The period which, in the opinion of the inspector, is the 
shortest practicable interval of time between the arrival of an incoming 
carrier and the departure of the outgoing carrier transporting a 
consignment of prohibited or restricted products or articles.
    Inspector. A properly identified employee of the U.S. Department of 
Agriculture or other person authorized by the Department to enforce the 
provisions of the Plant Protection Act and related legislation, 
quarantines, and regulations.
    Intended for unloading and entry at a port other than the port of 
first arrival. Brought in by carrier at a port for movement to the port 
of entry under residue cargo procedure of Customs.
    Other product or article. Any product or article of any character 
whatsoever (other than plants, plant products, soil, plant pests, and 
means of conveyance), which an inspector considers may be

[[Page 423]]

infested or infected by or contain a plant pest.
    Owner. The owner, or his agent (including the operator of a 
carrier), having responsible custody of a plant, plant product, plant 
pest, soil, or other product or article subject to this part.
    Person. Any individual, corporation, company, association, firm, 
partnership, society, or joint stock company.
    Plant pest. ``Plant pest'' means any 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 Act. Title IV of Public Law 106-224, 114 Stat. 438, 
7 U.S.C. 7701-7772, which was enacted June 20, 2000.
    Plant Protection and Quarantine Programs. The Plant Protection and 
Quarantine Programs, Animal and Plant Health Inspection Service, of the 
U.S. Department of Agriculture.
    Plants and plant products. Nursery stock, other plants, plant parts, 
roots, bulbs, seeds, fruits, nuts, vegetables, and other plant products, 
and any product constituted, in whole or in part, of plant material 
which has not been so manufactured or processed as to eliminate pest 
risk.
    Port. Any place designated by the President, Secretary of the 
Treasury, or Congress at which a Customs officer is assigned with 
authority to accept entries of merchandise, to collect duties, and to 
enforce the various provisions of the Customs and Navigation laws in 
force at that place.
    Port of arrival. Any port in the United States at which a prohibited 
or restricted product or article arrives.
    Port of entry. A port at which a specified shipment or means of 
conveyance is accepted for entry or admitted without entry into the 
United States.
    Residue cargo. Shipments authorized by Customs to be transported 
under the Customs bond of the carrier on which the shipments arrive, 
without entry being filed, for direct export from the first port of 
arrival, or to another port for entry or for direct export at that port 
without entry being required.
    Safeguard. A procedure for handling, maintaining, or disposing of 
prohibited or restricted products and articles subject to this part so 
as to eliminate the risk of plant pest dissemination which the 
prohibited or restricted products and articles may present.
    Ship. Any means of transportation by water.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material and soluble salts.
    Stores and furnishings. Plants and plant products for use on board a 
carrier; e.g. as food or decorative material.
    United States. The States, the District of Columbia, Guam, Puerto 
Rico, and the Virgin Islands of the United States, and the territorial 
waters of the United States adjacent to those land areas.
    Unloaded or landed for transportation and exportation. Brought in by 
carrier and transferred to another carrier for transportation to another 
port for exportation, whether or not some form of Customs entry is made.
    Unloaded or landed for transshipment and exportation. Brought in by 
carrier and transferred to another carrier for exportation from the same 
port, whether or not some form of Customs entry is made.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 
27, 2001]



Sec. 352.2  Purpose; relation to other regulations; applicability.

    (a) Importations of plants, plant products, plant pests, soil, and 
other products and articles that may be infested or infected by or 
contain plant pests or noxious weeds are exempt from the prohibitions or 
restrictions contained in parts 319 and 330 of this chapter if they meet 
one of the conditions in paragraphs (a)(1) through (a)(4) of this 
section and are moved into the United States and handled in compliance 
with this part. Provided: That

[[Page 424]]

these exemptions do not apply to cotton and covers imported into the 
United States from any country for exportation or transshipment and 
exportation or transportation and exportation as provided in Secs. 319.8 
through 319.8-26 of this chapter. Moreover, the applicable provisions of 
Secs. 330.100 through 330.109 and 330.400 of this chapter also apply to 
products and articles subject to this part.
    (1) They are brought in temporarily where loading and landing is not 
intended;
    (2) They are unloaded or landed for transshipment and exportation;
    (3) They are unloaded or landed for transportation and exportation; 
or
    (4) They are intended for unloading and entry at a port other than 
the port of arrival.
    (b) Prohibited or restricted products and articles offered for and 
refused entry into the United States under parts 319 or 330 of this 
chapter are subject to the applicable provisions in this part regarding 
their subsequent handling in this country.
    (c)(1) The provisions in this part apply whether the controls over 
arrival, temporary stay, unloading, landing, transshipment and 
exportation, or transportation and exportation, or other movement or 
possession in the United States and Guam are maintained by entry or 
other procedures of the U.S. Customs Service, Department of the 
Treasury, or the Customs Office of the Government of Guam, respectively. 
Such provisions will apply to arrivals in the United States, including 
arrivals in a foreign trade zone in the United States to which admission 
is sought in accordance with the Customs regulations in 19 CFR chapter 
I. Prohibited or restricted products and articles that have entered the 
United States, been exported pursuant to this part, and returned to the 
United States are subject to the applicable requirements of this part 
upon reentry.
    (2) Any restrictions and requirements under this part with respect 
to the arrival, temporary stay, unloading, landing, transshipment, 
exportation, transportation and exportation, or other movement or 
possession in the United States of any product or article shall apply to 
any person who, respectively, brings into, maintains, unloads, lands, 
transships, exports, transports and exports, or otherwise moves or 
possesses in the United States such product or article, whether he is 
the person who was required to have a permit for the product or article 
or a subsequent custodian of such product or article, and failure to 
comply with all applicable restrictions and requirements under this part 
by any such person shall be deemed to be a violation of this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 
FR 21059, Apr. 27, 2001]



Sec. 352.3  Enforcement and administration.

    (a) Plants, plant products, plant pests, soil, and other products 
and articles subject to the regulations in this part that are unloaded, 
landed, or otherwise brought or moved into or through the United States 
in violation of this part may be seized, destroyed, or otherwise 
disposed of in accordance with section 414 of the Plant Protection Act 
(7 U.S.C. 7714). Any person who unloads, lands, or otherwise brings or 
moves into or through the United States any regulated plants, plant 
products, plant pests, soil, or other products or articles in violation 
of this part will be subject to prosecution under the applicable 
provisions of law.
    (b) Whenever the Deputy Administrator of the Plant Protection and 
Quarantine Programs shall find that existing conditions of danger of 
plant pest escape or dissemination involved in the arrival, unloading, 
landing, or other movement, or possession in the United States of 
plants, plant products, plant pests, soil, or other products or articles 
subject to the regulations in this part, make it safe to modify by 
making less stringent the restrictions contained in any such regulation, 
he shall publish such findings in administrative instructions, 
specifying the manner in which the regulations shall be made less 
stringent with respect thereto, whereupon such modification shall become 
effective; or he may, upon request in specific cases, when the public 
interests will permit, authorize arrival, unloading, landing, or other 
movement, or possession in the United States under conditions that are 
less

[[Page 425]]

stringent than those contained in the regulations in this part.
    (c) The Deputy Administrator also may set forth and publish, in 
administrative instructions, requirements and conditions for any class 
of products or articles supplemental to the regulations in this part, 
and may promulgate interpretations of this part.
    (d) The Deputy Administrator shall employ procedures to carry out 
the purposes of this part which will impose a minimum of impediment to 
foreign commerce, consistent with proper precaution against plant pest 
dissemination.

[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001]



Sec. 352.4  Documentation.

    (a) Manifest. Immediately upon the arrival of a carrier in the 
United States the owner shall make available to the inspector for 
examination a complete manifest or other documentation from which the 
inspector may determine whether there are on board any prohibited or 
restricted products or articles subject to this part, other than 
accompanied baggage and mail.
    (b) Other documentation. Any notifications, reports, and similar 
documentation not specified in the regulations in this part, but 
necessary to carry out the purpose of the regulations, will be 
prescribed in administrative instructions.
    (c) Procedure after examination of documents. After examination of 
the carrier cargo manifest or other documentation the inspector may 
notify the owner and the Customs officer that certain products or 
articles on board the carrier are subject to this part and may not be 
unloaded or landed for any purpose pending plant quarantine inspection. 
In such case the owner shall not unload or land such products or 
articles without authorization by an inspector.



Sec. 352.5  Permit; requirement, form and conditions.

    (a) General. (1) Permits are required for the arrival, unloading or 
landing, or other movement into or through the United States of plants, 
plant products, plant pests, and soil subject to this part. The permit 
may consist of a general authorization as set out in paragraph (b), (c), 
or (d) of this section or Sec. 352.11, or it may be a specific permit. A 
specific permit may be formal or oral except as a formal permit is 
required by paragraph (c) or (e) of this section. The Deputy 
Administrator may in administrative instructions require specific or 
formal permits for any class of products or articles subject to this 
part.
    (2) A formal permit may be issued in prescribed form, in letter 
form, or a combination thereof. A rubber stamp impression or other 
endorsement made by the inspector on pertinent Customs documents 
covering the products or articles involved may constitute the formal 
permit in appropriate cases.
    (b) Permit for prohibited or restricted products or articles brought 
in for temporary stay where unloading or landing in the United States is 
not intended. No permit other than the authorization contained in this 
paragraph shall be required for bringing into the United States any 
plants, plant products, plant pests, or soil subject to this part for 
temporary stay where unloading or landing in the United States is not 
intended, e.g., in connection with residue cargo movement under Customs 
procedure, or in connection with Customs entry for exportation or for 
transportation and exportation. This authorization also includes 
transshipment of products and articles under this paragraph from a 
carrier directly to another carrier of the same company when 
necessitated by an emergency or operating requirement and effected in 
accordance with safeguards prescribed in writing or orally by the 
inspector under Sec. 352.10.
    (c) Permit for prohibited or restricted products or articles 
unloaded or landed for immediate transshipment and exportation, or 
immediate transportation and exportation. When in the opinion of the 
inspector it is unnecessary to specify in a formal permit the safeguards 
required to prevent plant pest dissemination, plants, plant products, 
plant pests, or soil subject to this part may be unloaded or landed for 
immediate transshipment and exportation or for immediate transportation 
and exportation, as provided in Sec. 352.10, with the

[[Page 426]]

approval of the inspector and no further permit than the authorization 
contained in this paragraph; otherwise a formal permit shall be required 
for such unloading or landing.
    (d) Permit for restricted products or articles moving as residue 
cargo from port of first arrival to port of entry. Restricted plants, 
plant products, plant pests, or soil subject to this part arriving in 
the United States for movement under residue cargo procedures of Customs 
from a port of first arrival to another port for Customs entry into the 
United States may be allowed to so move without permit other than the 
authorization contained in this paragraph, if the inspector finds that 
apparently they can meet the applicable requirements of parts 319 of 
this chapter at the port where entry is to be made; otherwise a formal 
permit shall be required for such movement. Such restricted products and 
articles shall become subject to the applicable permit and other 
requirements of parts 319 of this chapter upon arrival at the port where 
Customs entry is to be made and shall not be unloaded or landed unless 
they comply with the applicable requirements.
    (e) Formal permits required for certain prohibited or restricted 
products or articles brought into a foreign trade zone. A formal permit 
must be obtained to bring any prohibited or restricted plants, plant 
products, plant pests, or soil subject to the provisions in this part, 
into a foreign trade zone for storage, manipulation, or other handling, 
except for immediate transshipment and exportation or for immediate 
transportation and exportation. Special conditions to safeguard such 
storage, manipulation, or other possession or handling may be specified 
in the permit, and when so specified shall be in addition to any other 
applicable requirements of this part or the safeguards prescribed by the 
inspector or otherwise under this part.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 
FR 21059, Apr. 27, 2001]



Sec. 352.6  Application for permit and approval or denial thereof.

    (a) Plants and plant products. Except as otherwise provided in this 
paragraph, any person desiring to unload or land, or otherwise move into 
or through the United States, any plants or plant products for which a 
specific permit is required by Sec. 352.5, shall in the case of 
prohibited plants or plant products, and should in the case of 
restricted plants or plant products, in advance of arrival in the United 
States of the plants or plant products, submit an application for a 
permit to the Plant Protection and Quarantine Programs, \1\ stating such 
of the following information as is relevant: The name and address of the 
importer, the approximate quantity and kind of plants and plant products 
it is desired to import under this part, the country where grown, the 
United States port of arrival, the United States port of export, the 
proposed routing from the port of arrival to the port of exportation, 
means of transportation to be employed (i.e., mail, air mail, express, 
air express, freight, air freight, baggage), and the name and address of 
the agent representing the importer. Applications may be made on forms 
provided for the purpose by the Plant Protection and Quarantine 
Programs, or orally, or by letter, telegram, or other means of 
communication furnishing all the information required by this paragraph. 
Applications need not be made for shipments handled under general 
authorizations set forth in Sec. 352.5 (b), (c), or (d), or in 
Sec. 352.11.
---------------------------------------------------------------------------

    \1\ Application for such permits should be addressed 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.
---------------------------------------------------------------------------

    (b) Plant pests. Any person desiring to unload or land, or otherwise 
move into or through the United States, any plant pest for which a 
specific permit is required by Sec. 352.5 shall, in advance of the 
arrival of the plant pests in the United States, submit an application 
to the Plant Protection and Quarantine Programs \2\ for a permit as 
specified by Sec. 330.201 of this chapter.
---------------------------------------------------------------------------

    \2\ Application for permits should be made to the Plant Protection 
and Quarantine Programs, Animal and Plant Health Inspection Service, 
U.S. Department of Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (c) Soil. Any person desiring to bring into or unload or land, or 
otherwise

[[Page 427]]

move into or through the United States, any soil for which a specific 
permit is required by Sec. 352.5 shall, in advance of the arrival of the 
soil in the United States, submit an application for permit to the Plant 
Protection and Quarantine Programs \2\ as specified by Sec. 330.300(b) 
of this chapter.
    (d) Constructive oral application. If a permit has not been issued 
in advance of arrival, application for any required permit (other than a 
formal permit) shall be considered to have been made orally to the 
inspector at the port of arrival by presentation of the shipment for 
entry or its listing on the manifest or other documentation, but this 
shall not excuse failure to make timely application as required by this 
section. Express application is required for a formal permit.
    (e) Approval or denial of permits. Upon approval of the application, 
the permit will be issued. Any conditions necessary to eliminate danger 
of plant pest dissemination may be specified in the permit, or otherwise 
as provided in Sec. 352.10. Permits will be denied if, in the opinion of 
the Deputy Administrator, it is not possible to prescribe conditions 
adequate to prevent danger of plant pest dissemination by the plants, 
plant products, plant pests, or soil involved.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 48 FR 57466, Dec. 30, 1983; 59 FR 67611, Dec. 
30, 1994]



Sec. 352.7  Notice of arrival.

    Immediately upon arrival of any shipment of plants or plant products 
subject to this part and covered by a specific permit, the importer 
shall submit in duplicate through the U.S. Collector of Customs for the 
U.S. Department of Agriculture a notice of such arrival on a form 
provided for that purpose (PQ-368) and shall give such information as is 
called for by that form and, in addition, where relevant, the proposed 
routing to the proposed U.S. port of exit. Notice of arrival shall not 
be required for other products or articles subject to this part since 
other available documentation meets the requirement for this notice.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[25 FR 1929, Mar. 5, 1960, as amended at 48 FR 57466, Dec. 30, 1983]



Sec. 352.8  Marking requirements.

    Prohibited and restricted products and articles subject to this part 
shall be adequately marked or otherwise identified by documentation to 
indicate their nature.



Sec. 352.9  Ports.

    The arrival, unloading, landing, or possession of plants, plant 
products, plant pests, soil, or other products or articles subject to 
this part shall not be allowed at points within the United States other 
than at the ports specified in the Customs Regulations in 19 CFR 1.1 and 
19 CFR 6.13, and Agana, Guam, or such other ports as may be named in 
permits or administrative instructions. Restrictions on the ports which 
may be used for particular types of handling of any products or articles 
subject to this part may be specified generally in administrative 
instructions or in permits in specific cases. When ports are specified 
in permits or otherwise, the arrival, unloading, landing, or possession 
of the products or articles involved at other ports will not be allowed 
except as the inspector may authorize changes in the ports specified.



Sec. 352.10  Inspection; safeguards; disposal.

    (a) Inspection and release. Prohibited and restricted products and 
articles subject to this part shall be subject to inspection at the port 
of first arrival in accordance with Sec. 330.105(a) of this chapter and 
shall not be released by Customs officers for unloading, landing, or 
other onward movement or entry until released by an inspector or a 
Customs officer on behalf of an inspector in accordance with the 
procedure prescribed in Sec. 330.105(a) of this chapter. If diversion or 
change of Customs entry is not permitted for any movements authorized 
under this part, the inspector at the original port of Customs entry 
shall appropriately endorse Customs documents to show that

[[Page 428]]

fact. However, the inspector at the U.S. port of export may approve 
diversion or change of Customs entry to permit movement to a different 
foreign country, or entry into the United States, subject to all other 
applicable requirements under this part or part 319 or 330 of this 
chapter. If diversion or change of Customs entry is desired at a Customs 
port in the United States where there is no inspector, the owner may 
apply to the Plant Protection and Quarantine Programs \3\ for 
information as to applicable conditions. If diversion or change of 
Customs entry is desired at port, confirmation will be given by the 
Plant Protection and Quarantine Programs to the appropriate Customs 
officers and Plant Protection and Quarantine Programs inspectors.
---------------------------------------------------------------------------

    \3\ The Deputy Administrator, Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (b) Safeguards. (1) The unloading, landing, retention on board as 
stores and furnishings or cargo, transshipment and exportation, 
transportation and exportation, onward movment to the port of entry as 
residue cargo or under a Customs entry for immediate transportation, and 
other movement or possession within the United States of prohibited or 
restricted products and articles under this part shall be subject to 
such safeguards as may be prescribed in the permits and this part and 
any others which, in the opinion of the inspector, are necessary and are 
specified by him to prevent plant pest dissemination. In the case of 
prohibited or restricted products or articles subject to this part which 
are unloaded or landed for transshipment and exportation or 
transportation and exportation, or for onward movement to the port of 
entry as residue cargo or under a Customs entry for immediate 
transportation, this shall include necessary safeguards with respect to 
any movement within the port area between the point of arrival and the 
point of temporary storage, other handling, or point of departure, 
including a foreign trade zone. Prohibited and restricted products and 
articles subject to this part which are unloaded or landed for 
transshipment and exportation or transportation and exportation, or for 
onward movement as residue cargo or under a Customs entry for immediate 
transportation, shall be transshipped, or transported and exported from 
the United States, or moved onward immediately. This shall mean the 
shortest practicable interval of time commensurate with the risk of 
plant pest dissemination required to transfer the products or articles 
from one carrier to another and to move them onward or from the United 
States. If, in the opinion of the inspector, considerations of risk of 
plant pest dissemination require, such movement shall be made without 
regard to the noncompetitive or competitive relations of the carriers 
concerned, and the inspector shall promptly report to the Plant 
Protection and Quarantine Programs the circumstances when the emergency 
is so acute that subsequent movement is required on a carrier of a 
company other than the one bringing the products or articles to the 
United States or on which onward movement was contemplated by the 
shipper or forwarding carrier. Prohibited or restricted plants, plant 
products, plant pests, and soil which were intended for entry into the 
United States under part 319 or 330 of this chapter, or for movement 
into or through the United States under this part, and which were 
refused such entry or movement before unloading or landing, or which 
were refused such entry or movement after unloading or landing and are 
immediately reloaded on the same carrier, may be retained on board 
pending removal from the United States or other disposal, but shall be 
subject to the safeguards specified under this section. Prohibited or 
restricted products and articles which were refused entry or movement 
under said parts after unloading or landing and which are not 
immediately reloaded in accordance with this section shall be subject to 
such safeguard action as the inspector deems necessary to carry out the 
purposes of this part.
    (2) Safeguards prescribed by an inspector under this section shall 
be prescribed to the owner by the inspector in writing except that the 
inspector may prescribe the safeguards orally when, in his opinion, the 
circumstances

[[Page 429]]

and related Customs procedures do not require written notice to the 
owner of the safeguards to be followed by the owner. In prescribing 
safeguards, the relevant requirements of parts 319 and 330 of this 
chapter and this part shall be considered. The safeguards prescribed 
shall be the minimum required to prevent plant pest dissemination. 
Destruction or exportation shall be required only when no less drastic 
measures are deemed by the inspector to be adequate to prevent plant 
pest dissemination. The inspector may follow administrative instructions 
promulgated for certain situations, or he may follow a procedure 
selected by him from administratively approved methods known to be 
effective in similar situations. In the case of aircraft that are 
contaminated with insect pests, only an insecticidal formulation, 
approved for use in aircraft, may be so applied as an emergency measure. 
If the application is not effective against the insect pests or if other 
pests must be safeguarded against, the inspector shall report the 
circumstances promptly to the Plant Protection and Quarantine Programs 
and receive instructions as to safeguards that will not have a 
deleterious effect on the structure of the aircraft or its operating 
equipment. In prescribing safeguards consideration will be given to such 
factors as:
    (i) The nature and habits of the plant pests known to be, or likely 
to be, present with the plants, plant products, soil, or other products 
or articles.
    (ii) Nature of the plants, plant products, plant pests, soil, or 
other products or articles.
    (iii) Nature of containers or other packaging and adequacy thereof 
to prevent plant pest dissemination.
    (iv) Climatic conditions as they may have a bearing on plant pest 
dispersal, and refrigeration if provided.
    (v) Routing pending exportation.
    (vi) Presence of soil.
    (vii) Construction or physical condition and type of carrier.
    (viii) Facilities for treatment, or for incineration or other 
destruction.
    (ix) Availability of transportation facilities for immediate 
exportation.
    (x) Any other related factor which should be considered, such as 
intent to export to an adjacent or nearby country.
    (c) Disposal. (1) If prohibited or restricted products or articles 
subject to this part are not safeguarded in accordance with measures 
prescribed under this part, or cannot be adequately safeguarded to 
prevent plant pest dissemination, they shall be seized, destroyed, or 
otherwise disposed of according to law. Whenever disposal action is to 
be taken by the inspector he shall notify the local Customs officer in 
advance.
    (2) When a shipment of any products or articles subject to this part 
has been handled in accordance with all conditions and safeguards 
prescribed in this part and in the permit and by the inspector, the 
inspector shall inform the local Customs officer concerned of the 
release of such products or articles, in appropriate manner.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 
27, 2001]



Sec. 352.11  Mail.

    (a) Transit mail. (1) Plants, plant products, plant pests, and soil 
which arrive in the United States in closed dispatches by international 
mail or international parcel post and which are in transit through the 
United States to another country shall be allowed to move through the 
United States without further permit than the authorization contained in 
this section. Notice of arrival shall not be required as other 
documentation meets the requirement for this notice.
    (2) Inspectors ordinarily will not inspect transit mail or parcel 
post, whether transmitted in open mail or in closed dispatches. They may 
do so if it comes to their attention that any such mail or parcel post 
contains prohibited or restricted products or articles which require 
safeguard action. Inspection and disposal in such cases will be made in 
accordance with this part and part 330 of this chapter, and in 
conformity with regulations and procedures of the Post Office Department 
for handling transit mail and parcel post.
    (b) Importation for exportation. Plants and plant products to be 
imported for exportation, by mail, will be handled

[[Page 430]]

under permit in accordance with Part 351 of this chapter.



Sec. 352.12  Baggage.

    Products or articles subject to this part which are contained in 
baggage shall be subject to the requirements of this part in the same 
manner as cargo.



Sec. 352.13  Certain conditions under which change of Customs entry or diversion is permitted.

    When plants, plant products, plant pests, and soil released for 
exportation, transshipment and exportation, or transportation and 
exportation, under this part, have met all applicable permit and other 
requirements for importation, including inspection and treatment, as 
provided in part 319 or 330 of this chapter, the form of Customs entry 
may be changed and the shipment may be diverted at any time to permit 
delivery of the products and articles to a destination in the United 
States, so far as the requirements in this part are involved. The 
Customs officer concerned at the original port of Customs entry shall be 
informed by the inspector that such release has been made and that such 
change of entry or diversion is approved under this part by appropriate 
endorsement of Customs documents.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 
FR 21059, Apr. 27, 2001]



Sec. 352.14  Costs.

    All costs incident to the inspection, handling, safeguarding, or 
other disposal of prohibited or restricted products or articles under 
the provisons in this part shall be borne by the owner. Services of the 
inspector during regularly assigned hours of duty at the usual places of 
duty shall be furnished without cost to the person requesting the 
services, unless a user fee is payable under Sec. 354.3 of this chapter.

[56 FR 14844, Apr. 12, 1991]



Sec. 352.15  Caution.

    In applying safeguards or taking other measures prescribed under the 
provisions in this part, it should be understood that inexactness or 
carelessness may result in injury or damage. It should also be 
understood by the owners that emergency measures prescribed by the 
inspector to safeguard against plant pest dissemination may have adverse 
effects on certain products and articles and that they will take the 
calculated risk of such adverse effects of authorized measures.



Secs. 352.16-352.28  [Reserved]



Sec. 352.29  Administrative instructions: Avocados from Mexico.

    Avocados from Mexico may be moved through the United States to 
destinations outside the United States only in accordance with this 
section.
    (a) Permits. Before moving the avocados through the United States, 
the owner must obtain a formal permit in accordance with Sec. 352.6 of 
this part.
    (b) Ports. The avocados may enter the United States only at the 
following ports: Galveston or Houston, Texas; the border ports of 
Nogales, Arizona, or Brownsville, Eagle Pass, El Paso, Hidalgo, or 
Laredo, Texas; or at other ports within that area of the United States 
specified in paragraph (f) of this section.
    (c) Notice of arrival. At the port of arrival, the owner must 
provide notification of the arrival of the avocados in accordance with 
Sec. 352.7 of this part.
    (d) Inspection. The owner must make the avocados available for 
examination by an inspector. The avocados may not be moved from the port 
of arrival until released by an inspector.
    (e) 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 arrival. If the avocados are removed in a refrigerated truck or 
refrigerated rail car, an inspector must seal the truck or rail car with 
a serially numbered seal at the port of arrival. 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

[[Page 431]]

through the United States under Customs bond.
    (f) Shipping areas. 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 formal permit.

[52 FR 27671, July 23, 1987, as amended at 54 FR 43167, Oct. 23, 1989]



Sec. 352.30  Administrative instructions: Certain oranges, tangerines, and grapefruit from Mexico.

    The following provisions shall apply to the movement into or through 
the United States under this part of oranges, tangerines, and grapefruit 
from Mexico in transit to foreign countries via United States ports on 
the Mexican border.
    (a) Untreated fruit; general--(1) Permit and notice of arrival 
required. The owner shall, in advance of shipment of untreated oranges, 
tangerines, or grapefruit from Mexico via United States ports to any 
foreign country, procure a formal permit as provided in Sec. 352.6, or 
application for permit may be submitted to the inspector at the port in 
the United States through which the shipment will move. Notice of 
arrival of such fruit shall be submitted as required by Sec. 352.7.
    (2) Origin: period of entry. Such fruit may enter from any State in 
Mexico throughout the year, in accordance with requirements of this 
section and other applicable provisions in this part.
    (3) Cleaning refrigerator cars and aircraft prior to return to the 
United States from Canada. Refrigerator cars and aircraft that have been 
used to transport untreated oranges, tangerines, or grapefruit from 
Mexico through the United States to Canada shall be carefully swept and 
freed from all fruit, as well as boxes and rubbish, by the carrier 
involved prior to reentry into the United States.
    (4) Inspection; safeguards. (i) Each shipment under paragraph (a) of 
this section shall be subject to such inspections and safeguards as are 
required by this section and such others as may be prescribed by the 
inspector pursuant to Sec. 352.10.
    (ii) Truck loads of untreated oranges, tangerines, and grapefruit 
arriving from Mexico at authorized ports in the United States for 
loading into refrigerator cars, aircraft, or ships for movement to a 
foreign country shall be preinspected by an inspector for freedom from 
citrus leaves before entry into the United States or be accompanied by 
an acceptable certificate from an inspector as to such freedom. Trucks 
loaded with such untreated fruit that are not free of such leaves will 
be denied entry into the United States. Loaded trucks free of such 
leaves shall be convoyed by an inspector from point of arrival in the 
United States to the point of unloading, or shall move under such other 
safeguards as the inspector shall prescribe.
    (iii) All trucks, refrigerator cars, aircraft, and ships used to 
transport untreated fruit from Mexico through the United States to a 
foreign country under this paragraph (a) shall be subject to such 
treatment at the port of first arrival and elsewhere as may be required 
by the inspector, pursuant to this part, in order to prevent plant pest 
dissemination.
    (b) Additional conditions for overland movement of certain untreated 
fruit. Untreated oranges, tangerines, and grapefruit from Mexico may 
move overland through the United States to a foreign country only in 
accordance with the following additional conditions:
    (1) Containers. Such fruit shall be packed in containers of 
approximately the size customarily used by the trade for marketing such 
fruit in the United States.
    (2) Ports of entry. Such fruit may enter only at Nogales, Arizona; 
or Eagle Pass, El Paso, or Laredo, Texas.
    (3) Carrier--(i) Railway cars. Refrigerator cars, in good condition, 
of

[[Page 432]]

United States or Canadian ownership only shall be used to transport such 
fruit by railway through the United States to Canada or other foreign 
country.
    (ii) Aircraft. Aircraft may be used to transport such fruit from the 
ports named in paragraph (b)(2) of this section to points in Canada.
    (iii) Trucks. Trucks may be used to haul such fruit from Mexico to 
shipside, or to approved refrigerated storage pending lading aboard 
ship, in Galveston, or alongside refrigerator cars or aircraft at the 
ports named in paragraph (b)(2) of this section for movement to a 
foreign country. Such trucks shall be of the van-type and shall be kept 
closed from time of entry into the United States until unloading is to 
commence; or the load shall be covered with a tarpaulin tightly tied 
down which shall not be removed or loosened from time of entry into the 
United States until unloading is to commence. Trucks may not be used 
otherwise to transport such fruit from Mexico overland through the 
United States.
    (4) Bonded rail movement--(i) Routing. Shipments of such fruit may 
move by direct route, in Customs bond and under Customs seal, without 
diversion or change of Customs entry en route, from the port of entry to 
the port of exit en route to Canada or to an approved North Atlantic 
port in the United States for export to another foreign country, as 
follows: The fruit may be entered at Nogales, Arizona, only for direct 
rail routing to El Paso, Texas, after which it shall traverse only the 
territory bounded on the west by a line drawn from El Paso, Texas, to 
Salt Lake City, Utah, and then to Portland, Oregon, and on the east by a 
line drawn from Brownsville, Texas, through Galveston, Texas, and 
Kinder, Louisiana, to Memphis, Tennessee, and then to Louisville, 
Kentucky, and due east therefrom, such territory to include railroad 
routes from Brownsville to Galveston and direct northward routes 
therefrom. Such fruit may also enter the United States from Mexico at 
any port listed in paragraph (b)(2) of this section for direct eastward 
rail movement in Customs bond and under Customs seal, without diversion 
en route, for reentry into Mexico.
    (ii) Icing. All refrigerator cars transporting such fruit from 
States in Mexico other than Sonora shall be iced prior to crossing at 
Brownsville, Eagle Pass, El Paso, or Laredo, Texas, and shall be re-iced 
if necessary to prevent plant pest dissemination south of Little Rock, 
Arkansas, or a line drawn east and west therefrom. North of such a line 
no further icing is required. Icing, insofar as this part requires, may 
be omitted if all openings leading from the car to the ice bunkers are 
covered with a 14-mesh fly screen in a manner satisfactory to the 
inspector. All such cars must move through the United States with all 
doors closed and sealed.
    (5) Bonded air cargo movement. Shipments of such fruit may move by 
direct route as air cargo, in Customs bond and without change of Customs 
entry while in the United States en route from the port of entry, to 
Canada. If an emergency occurs en route to the port of export that will 
require transshipment to another carrier, the owner should apply to the 
Plant Protection and Quarantine Programs \4\ for information as to 
applicable conditions.
---------------------------------------------------------------------------

    \4\ The Deputy Administrator, Plant Protection and Quarantine 
Programs, Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (c) Additional conditions for movement of certain untreated fruit by 
water route. Untreated oranges, tangerines, and grapefruit from Mexico 
may move from Mexico to a foreign country by water route through the 
United States under this section only in accordance with the following 
additional conditions:
    (1) Ports of entry. Such oranges, tangerines, and grapefruit may 
enter only at New York, Boston, or such other North Atlantic ports in 
the United States as may be named in permits, for exportation, or at 
Galveston, Texas, for exportation by water route.
    (2) Routing through North Atlantic ports. Such fruit entering via 
North Atlantic ports in the United States shall move by direct water 
route to New York or Boston, or to such other North Atlantic ports as 
may be named in the permit only for immediate direct export by water 
route to any foreign

[[Page 433]]

country, or for immediate transportation and exportation in Customs bond 
by direct rail route to Canada.
    (3) Exportation from Galveston by water. (i) Such fruit laden in 
refrigerated holds for export from Galveston shall be stowed in closed 
compartments if the ship is to call at other Gulf or South Atlantic 
ports in the United States. The compartments are not to be opened while 
in such other Gulf or South Atlantic ports.
    (ii) Such fruit for export from Galveston, not laden in refrigerated 
holds, shall be stowed in closed compartments separate from other 
cargoes. Bulkheads of such compartments shall be kept closed. Hatches 
containing such fruit shall be closed and the tarpaulin battened down 
and sealed with Plant Protection and Quarantine Programs seals. Such 
seal shall remain unbroken while the ship is in any such Gulf or South 
Atlantic port or waters. Vents and ventilators leading to compartments 
in which the fruit is stowed must be screened with fine mesh screening. 
Advance notice of arrival of ships carrying untreated Mexican oranges, 
tangerines, or grapefruit shall be given to the inspector at such Gulf 
or South Atlantic ports of call.
    (d) Restriction on diversion or change of Customs entry. Diversion 
or change of Customs entry shall not be permitted with movements 
authorized under paragraph (b) (4) or (5) or paragraph (c) of this 
section and the inspector at the original port of Customs entry shall 
appropriately endorse the Customs documents to show that fact: Provided, 
That the inspector at such port of entry may, when consistent with the 
purposes of this part, approve diversion or change of Customs entry to 
permit movement to a different foreign country or entry into the United 
States subject to all other applicable requirements under this part or 
part 319 of this chapter. If diversion or change of Customs entry is 
desired at a Customs port in the United States where there is no 
inspector, the owner may apply to the Plant Protection and Quarantine 
Programs for information as to applicable conditions. If diversion or 
change of entry is approved at such a port, confirmation will be given 
by the Plant Protection and Quarantine Programs to appropriate Customs 
officers and Plant Protection and Quarantine Programs inspectors.
    (e) Untreated fruit from certain municipalities in Sonora, Mexico. 
Oranges, tangerines, and grapefruit in transit to foreign countries may 
be imported from certain municipalities in Sonora, Mexico listed in 
Sec. 319.56-2(h) of this chapter in accordance with the applicable 
conditions in subpart 319.56.
    (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico 
which have been treated in Mexico in accordance with Sec. 319.56-2f of 
this chapter may be imported through the United States ports for 
exportation in accordance with Secs. 319.56 and 319.56-1 through 319.56-
8 of this chapter.
    (g) Costs. Costs shall be borne by the owner of the fruit as 
provided in Sec. 352.14. This includes all costs for preinspection and 
convoying of loaded trucks and supervision of transloading from trucks 
to approved carriers or storage in United States ports when augmented 
inspection service has to be provided for such preinspection, convoying, 
and supervision.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 55 FR 23066, June 6, 1990; 56 FR 13066, Mar. 29, 
1991; 67 FR 46578, July 16, 2002]



PART 353--EXPORT CERTIFICATION--Table of Contents




Sec.
353.1  Definitions.
353.2  Purpose and administration.
353.3  Where service is offered.
353.4  Products covered.
353.5  Application for certification.
353.6  Inspection.
353.7  Certificates.
353.8  Accreditation of non-government facilities.
353.9  Standards for accreditation of non-government facilities to 
          perform laboratory seed health testing and seed crop 
          phytosanitary inspection.

    Authority: 7 U.S.C. 7711, 7712, 7718, 7751, and 7754; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Source: 61 FR 15368, Apr. 8, 1996, unless otherwise noted.



Sec. 353.1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection

[[Page 434]]

Service, or any person authorized to act for the Administrator.
    Agent. An individual who meets the eligibility requirements set 
forth in Sec. 353.6, and who is designated by the Animal and Plant 
Health Inspection Service to conduct phytosanitary field inspections of 
seed crops to serve as a basis for the issuance of phytosanitary 
certificates.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate of heat treatment. A certificate (PPQ Form 553) issued 
by an inspector endorsing the statement of an exporter that the 
coniferous packing materials associated with a shipment for export have 
been heat treated in the United States or in Canada by being subjected 
to a minimum core temperature of 56  deg.C for 30 minutes.
    Consignment. One shipment of plants or plant products, from one 
exporter, to one consignee, in one country, on one means of conveyance; 
or any mail shipment to one consignee.
    Export certificate for processed plant products. A certificate (PPQ 
Form 578) issued by an inspector, describing the plant health condition 
of processed or manufactured plant products based on inspection of 
submitted samples and/or by virtue of the processing received.
    Family. An inspector or agent and his or her spouse, their parents, 
children, and first cousins.
    Industry-issued certificate. A certificate issued by a 
representative of the concerned agricultural or forestry industry under 
the terms of a written agreement with the Animal and Plant Health 
Inspection Service, giving assurance that a plant product has been 
handled, processed, or inspected in a manner required by a foreign 
government.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service, or a State or county plant regulatory official designated by 
the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plant 
products inspected under the Act.
    Non-government facility. A laboratory, research facility, inspection 
service, or other entity that is maintained, at least in part, for the 
purpose of providing laboratory testing or phytosanitary inspection 
services and that is not operated by the Federal Government or by the 
government of a State or a subdivision of a State.
    Office of inspection. The office of an inspector of plants and plant 
products covered by this part.
    Phytosanitary certificate. A certificate (PPQ Form 577) issued by an 
inspector, giving the phytosanitary condition of domestic plants or 
unprocessed or unmanufactured plant products based on inspection of the 
entire lot or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    Phytosanitary certificate for reexport. A certificate (PPQ Form 579) 
issued by an inspector, giving the phytosanitary condition of foreign 
plants and plant products legally imported into the United States and 
subsequently offered for reexport. The certificate certifies that, based 
on the original foreign phytosanitary certificate and/or additional 
inspection or treatment in the United States, the plants and plant 
products are considered to conform to the current phytosanitary 
regulations of the receiving country and have not been subjected to the 
risk of infestation or infection during storage in the United States. 
Plants and plant products which transit the United States under Customs 
bond are not eligible to receive the phytosanitary certificate for 
reexport.
    Plant pests. Any 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 other products of 
plants.
    Plant products. Products derived from nursery stock, other plants, 
plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables, 
including manufactured or processed products.
    Plants and plant products. Nursery stock, other plants, plant parts, 
roots, bulbs, seeds, fruits, nuts, vegetables

[[Page 435]]

and other plant products, including manufactured or processed products.
    Reference Manual A. The Reference Manual for Administration, 
Procedures, and Policies of the National Seed Health System, published 
by the National Seed Health System (NSHS). Reference Manual A describes 
the structure, administration, procedures, policies, and working 
practices of the NSHS and also contains relevant documentation, forms, 
and references for the NSHS. Reference Manual A is incorporated by 
reference at Sec. 300.3 of this chapter, and is available by writing to 
Phytosanitary Issues Management, Operational Support, PPQ, APHIS, 4700 
River Road Unit 140, Riverdale, MD 20737-1236, and on the APHIS Web site 
at http://www.aphis.usda.gov/ppq/pim/accreditation.
    Reference Manual B. The Reference Manual for Seed Health Testing and 
Phytosanitary Field Inspection Methods, published by the National Seed 
Health System (NSHS). Reference Manual B contains the detailed seed 
health testing, seed sampling, and inspection procedures for the NSHS. 
Reference Manual B is incorporated by reference at Sec. 300.4 of this 
chapter, and is available by writing to Phytosanitary Issues Management, 
Operational Support, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 
20737-1236, and on the APHIS Web site at http://www.aphis.usda.gov/ppq/
pim/accreditation.
    State. Any of the States of the United States, the District of 
Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto 
Rico, or the Virgin Islands of the United States.
    The Act. Title IV of Public Law 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772, which was enacted June 20, 2000.

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 
FR 72264, Dec. 27, 1999; 65 FR 50131, Aug. 17, 2000; 66 FR 21059, Apr. 
27, 2001; 66 FR 37116, July 17, 2001; 66 FR 37400, July 18, 2001; 67 FR 
8466, Feb. 25, 2002]



Sec. 353.2  Purpose and administration.

    The export certification program does not require certification of 
any exports, but does provide certification of plants and plant products 
as a service to exporters. After assessing the phytosanitary condition 
of the plants or plant products intended for export, relative to the 
receiving country's regulations, an inspector issues an internationally 
recognized phytosanitary certificate (PPQ Form 577), a phytosanitary 
certificate for reexport (PPQ Form 579), an export certificate for 
processed plant products (PPQ Form 578), or a certificate of heat 
treatment (PPQ Form 553) if warranted. APHIS also enters into written 
agreements with industry to allow the issuance of industry-issued 
certificates giving assurance that a plant product has been handled, 
processed, or inspected in a manner required by a foreign government.

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999]



Sec. 353.3  Where service is offered.

    (a) Information concerning the location of inspectors who may issue 
certificates for plants and plant products may be obtained by contacting 
one of the following regional offices:

------------------------------------------------------------------------
                  Region                               States
------------------------------------------------------------------------
Northeastern, Blason II, 1st Floor, 505     CT, ME, MA, NH, RI, VT, NY,
 South Lenola Road, Moorestown, NJ 08057.    NJ, PA, MD, DE, VA, WI, MN,
                                             IL, IN, OH, MI, WV.
Southeastern, 3505 25th Avenue, Building    FL, AL, GA, KY, MS, TN, NC,
 1, North, Gulfport, MS 39501.               SC, PR, US VI.
Central, 3505 Boca Chica Blvd., Suite 360,  TX, OK, NE, AR, KS, LA, IA,
 Brownsville, TX 78521-4065.                 MO, ND, SD.
Western, 9580 Micron Avenue, Suite I,       HI, CA, CO, ID, MT, UT, WY,
 Sacramento, CA 95827.                       WA, OR, NV, NM, AZ, AK.
------------------------------------------------------------------------

    (b) Inspectors who may issue phytosanitary certificates for 
terrestrial plants listed in 50 CFR part 17 or 23 are available only at 
a port designated for export in 50 CFR part 24, or at a nondesignated 
port if allowed by the U.S. Department of the Interior pursuant to 
section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C. 
1538). The following locations are designated in 50 CFR part 24 as ports 
for export of terrestrial plants listed in 50 CFR part 17 or 23:
    (1) Any terrestrial plant listed in 50 CFR part 17 or 23:

Nogales, AZ
Los Angeles, CA
San Diego, CA
San Francisco, CA

[[Page 436]]

Miami, FL
Orlando, FL
Honolulu, HI
New Orleans, LA
Hoboken, NJ (Port of New York)
Jamaica, NY
San Juan, PR
Brownsville, TX
El Paso, TX
Houston, TX
Laredo, TX
Seattle, WA

    (2) Any plant of the family Orchidaceae (orchids) listed in 50 CFR 
part 17 or 23:

Hilo, HI
Chicago, IL

    (3) Roots of American ginseng (Panax quinquefolius) listed in 50 CFR 
23.23:

Atlanta, GA
Chicago, IL
Baltimore, MD
St. Louis, MO
Milwaukee, WI

    (4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for 
exportation to Canada:

Detroit, MI
Buffalo, NY
Rouses Point, NY
Blaine, WA

    (5) Any logs and lumber from trees listed in 50 CFR 17.12 or 23.23:

Mobile, AL
Savannah, GA
Baltimore, MD
Gulfport, MS
Wilmington and Morehead City, NC
Portland, OR
Philadelphia, PA
Charleston, SC
Norfolk, VA
Vancouver, WA

    (6) Plants of the species Dionaea muscipula (Venus flytrap):

Wilmington, NC



Sec. 353.4  Products covered.

    Plants and plant products when offered for export or re-export.



Sec. 353.5  Application for certification.

    (a) To request the services of an inspector, a written application 
(PPQ Form 572, or, to obtain a certificate of heat treatment, PPQ Form 
553) shall be made as far in advance as possible, and shall be filed in 
the office of inspection at the port of certification, except that, for 
PPQ Form 553, the office of inspection need not be a port.
    (b) Each application shall be deemed filed when delivered to the 
proper office of inspection. When an application is filed, a record 
showing the date and time of filing shall be made in such office.
    (c) Only one application for any consignment shall be accepted, and 
only one certificate for any consignment shall be issued.

(Approved by the Office of Management and Budget under control number 
0579-0052)

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999]



Sec. 353.6  Inspection.

    Inspections shall be performed by agents, by inspectors, or by 
employees of a State plant protection agency who are authorized by the 
agency to perform field inspections in accordance with this part and who 
have successfully completed training in accordance with paragraph 
(a)(2)(iii) of this section. Employees of a State plant protection 
agency who are not agents may perform field inspections only under the 
supervision of an inspector.
    (a) Agent. (1) Agents may conduct phytosanitary field inspections of 
seed crops in cooperation with and on behalf of those State plant 
regulatory agencies electing to use agents and maintaining a Memorandum 
of Understanding with the Animal and Plant Health Inspection Service in 
accordance with the regulations. The Memorandum of Understanding must 
state that agents shall be used in accordance with the regulations in 
this part. Agents are not authorized to issue Federal phytosanitary 
certificates, but are only authorized to conduct the field inspections 
of seed crops required as a basis for determining phytosanitary 
condition prior to the issuance of a phytosanitary certificate for the 
crops.
    (2) To be eligible for designation as an agent, an individual must:
    (i) Have the ability to recognize, in the crops he or she is 
responsible for inspecting, plant pests, including symptoms and/or signs 
of disease-causing organisms, of concern to importing countries.

[[Page 437]]

    (ii) Have a bachelor's degree in the biological sciences, and a 
minimum of 1 year's experience in identifying plant pests endemic to 
crops of commercial importance within the cooperating State, or a 
combination of higher education in the biological sciences and 
experience in identifying such plant pests, as follows:

0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.

The years of education and experience do not have to be acquired 
consecutively.

    (iii) Successfully complete annual training provided by the State 
plant regulatory agency. The required training must include instruction 
in inspection procedures, identification of plant pests of quarantine 
importance to importing countries, methods of collection and submission 
of specimens (organisms and/or plants or plant parts) for 
identification, and preparation and submission of inspection report 
forms approved by the State plant regulatory agency.
    (iv) Have access to Federal or State laboratories for the positive 
identification of plants pests detected.
    (3) No agents shall inspect any plants or plant products in which 
they or a member of their family are directly or indirectly financially 
interested.
    (b) Inspector. (1) An employee of the Animal and Plant Health 
Inspection Service, or a State or county regulatory official designated 
by the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plants 
and plant products inspected under the Act.
    (2) To be eligible for designation as an inspector, a State or 
county plant regulatory official must:
    (i) Have a bachelor's degree in the biological sciences, and a 
minimum of 1 year's experience in Federal, State or county plant 
regulatory activities, or a combination of higher education in the 
biological sciences and experience in State plant regulatory activities, 
as follows:

0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.

The years of education and experience do not have to be acquired 
consecutively.

    (ii) Successfully complete, as indicated by receipt of a passing 
grade, the Animal and Plant Health Inspection Service training course on 
phytosanitary certification.
    (3) No inspectors shall inspect any plants or plant products in 
which they or a member of their family are directly or indirectly 
financially interested.
    (c) Applicant responsibility. (1) When the services of an agent or 
an inspector are requested, the applicant shall make the plant or plant 
product accessible for inspection and identification and so place the 
plant or plant product to permit physical inspection of the lot for 
plant pests.
    (2) The applicant must furnish all labor involved in the inspection, 
including the moving, opening, and closing of containers.
    (3) Certificates may be refused for failure to comply with any of 
the foregoing provisions.



Sec. 353.7  Certificates.

    (a) Phytosanitary certificate (PPQ Form 577). (1) For each 
consignment of domestic plants or unprocessed plant products for which 
certification is requested, the inspector shall sign and issue a 
separate certificate based on the findings of the inspection.
    (2) The original certificate shall immediately upon its issuance be 
delivered or mailed to the applicant or a person designated by the 
applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification, and one forwarded to the 
Administrator.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec. 353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections for

[[Page 438]]

previous certifications when the previously issued certificates can be 
canceled before they have been accepted by the phytopathological 
authorities of the country of destination involved.
    (b) Export certificate for processed plant products (PPQ Form 578). 
(1) For each consignment of processed plant products for which 
certification is requested, the inspector shall sign and issue a 
certificate based on the inspector's findings after inspecting submitted 
samples and/or by virtue of processing received.
    (2) The original certificate shall immediately upon its issuance be 
delivered or mailed to the applicant or a person designated by the 
applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec. 353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections/processing used for previous certifications.
    (c) Phytosanitary certificate for reexport (PPQ Form 579). (1) For 
each consignment of foreign origin plants or unprocessed plant products 
for which certification is requested, the inspector shall sign and issue 
a certificate based on the original foreign phytosanitary certificate 
and/or additional inspection or treatment in the United States after 
determining that the consignment conforms to the current phytosanitary 
regulations of the receiving country and has not been subjected to the 
risk of infestation or infection during storage in the United States.
    (2) The original certificate shall immediately upon its issuance be 
delivered or mailed to the applicant or a person designated by the 
applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification, and one forwarded to the 
Administrator.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec. 353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections for previous certifications when the previously issued 
certificates can be canceled before they have been accepted by the 
phytopathological authorities of the country of destination involved.
    (d) Industry-issued certificate. A certificate issued under the 
terms of a written agreement between the Animal and Plant Health 
Inspection Service and an agricultural or forestry company or 
association giving assurance that a plant product has been handled, 
processed, or inspected in a manner required by a foreign government. 
The certificate may be issued by the individual who signs the agreement 
or his/her delegate.
    (1) Contents of written agreement. In each written agreement, APHIS 
shall agree to cooperate and coordinate with the signatory agricultural 
or forestry company or association to facilitate the issuance of 
industry-issued certificates and to monitor activities under the 
agreement, and the concerned agricultural or forestry company or 
association agrees to comply with the requirements of the agreement. 
Each agreement shall specify the articles subject to the agreement and 
any measures necessary to prevent the introduction and dissemination 
into specified foreign countries of specified injurious plant pests. 
These measures could include such treatments as refrigeration, heat 
treatment, kiln drying, etc., and must include all necessary preshipment 
inspections and subsequent sign-offs and product labeling as identified 
by Plant Protection and Quarantine (PPQ), APHIS, based on the import 
requirements of the foreign country.
    (2) Termination of agreement. An agreement may be terminated by any 
signatory to the agreement by giving written notice of termination to 
the other party. The effective date of the termination will be 15 days 
after the

[[Page 439]]

date of actual receipt of the written notice. Any agreement may be 
immediately withdrawn by the Administrator if he or she determines that 
articles covered by the agreement were moved in violation of any 
requirement of this chapter or any provision of the agreement. If the 
withdrawal is oral, the decision to withdraw the agreement and the 
reasons for the withdrawal of the agreement shall be confirmed in 
writing as promptly as circumstances permit. Withdrawal of an agreement 
may be appealed in writing to the Administrator within 10 days after 
receipt of the written notification of the withdrawal. The appeal shall 
state all of the facts and reasons upon which the appellant relies to 
show that the agreement was wrongfully 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 material fact and the person from whom the 
agreement 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. No written agreement will be signed with 
an individual or a company representative of the concerned agricultural 
or forestry company or association who has had a written agreement 
withdrawn during the 12 months following such withdrawal, unless the 
withdrawn agreement was reinstated upon appeal.
    (e) Certificate of heat treatment (PPQ Form 553). For each 
consignment containing coniferous packing materials for which 
certification is requested, the exporter or his or her representative 
shall complete blocks 1 through 4 of PPQ Form 553 and submit the 
original form and one copy to an inspector. The inspector shall complete 
and sign both the original form and the copy.
    (2) The original certificate of heat treatment shall immediately 
upon its issuance be delivered or mailed to the applicant or a person 
designated by the applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection.
    (4) The exporter or his or her representative must keep on file at 
his or her office a copy of each certificate issued in his or her name 
and documentation showing that heat treatment was performed on packing 
materials in the shipment referred to in the certificate. If the 
coniferous solid wood packing materials were heat treated in Canada, 
this documentation must include a certificate issued by the Canadian 
Food Inspection Agency stating that the packing materials have been heat 
treated through a treatment process that increased the minimum core wood 
temperature to 56 degrees Celsius for 30 minutes. The exporter must make 
these documents available to an inspector upon request for a period of 1 
year following the date of issuance of the certificate.

(Approved by the Office of Management and Budget under control number 
0579-0052 and 0579-0147)

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 1105, Jan. 8, 1999; 64 
FR 72265, Dec. 27, 1999; 66 FR 37116, July 17, 2001]



Sec. 353.8  Accreditation of non-government facilities.

    (a) The Administrator may accredit a non-government facility to 
perform specific laboratory testing or phytosanitary inspection services 
if the Administrator determines that the non-government facility meets 
the criteria of paragraph (b) of this section.1
---------------------------------------------------------------------------

    \1\ A list of accredited non-government facilities may be obtained 
by writing to Phytosanitary Issues Management, PPQ, APHIS, 4700 River 
Road, Unit 140, Riverdale, MD 20737-1236.
---------------------------------------------------------------------------

    (1) A non-government facility's compliance with the criteria of 
paragraph (b) of this section shall be determined through an assessment 
of the facility and its fitness to conduct the laboratory testing or 
phytosanitary inspection services for which it seeks to be accredited. 
If, after evaluating the results of the assessment, the Administrator 
determines that the facility meets the accreditation criteria, the 
facility's application for accreditation will be approved.
    (2) The Administrator may deny accreditation to, or withdraw the 
accreditation of, any non-government facility to conduct laboratory 
testing or phytosanitary inspection services upon a determination that 
the facility does

[[Page 440]]

not meet the criteria for accreditation or maintenance of accreditation 
under paragraph (b) of this section and has failed to take the remedial 
action recommended to correct identified deficiencies.
    (i) In the case of a denial, the operator of the facility will be 
informed of the reasons for the denial and may appeal the decision in 
writing to the Administrator within 10 days after receiving notification 
of the denial. The appeal must include all of the facts and reasons upon 
which the person relies to show that the facility was wrongfully denied 
accreditation. The Administrator will grant or deny the appeal in 
writing as promptly as circumstances permit, stating the reason for his 
or her decision. If there is a conflict as to any material fact, a 
hearing will be held to resolve the conflict. Rules of practice 
concerning the hearing will be adopted by the Administrator.
    (ii) In the case of withdrawal, before such action is taken, the 
operator of the facility will be informed of the reasons for the 
proposed withdrawal. The operator of the facility may appeal the 
proposed withdrawal in writing to the Administrator within 10 days after 
being informed of the reasons for the proposed withdrawal. The appeal 
must include all of the facts and reasons upon which the person relies 
to show that the reasons for the proposed withdrawal are incorrect or do 
not support the withdrawal of the accreditation of the facility. The 
Administrator will grant or deny the appeal in writing as promptly as 
circumstances permit, stating the reason for his or her decision. If 
there is a conflict as to any material fact, a hearing will be held to 
resolve the conflict. Rules of practice concerning the hearing will be 
adopted by the Administrator. However, withdrawal shall become effective 
pending final determination in the proceeding when the Administrator 
determines that such action is necessary to protect the public health, 
interest, or safety. Such withdrawal will be effective upon oral or 
written notification, whichever is earlier, to the operator of the 
facility. In the event of oral notification, written confirmation will 
be given as promptly as circumstances allow. This withdrawal will 
continue in effect pending the completion of the proceeding, and any 
judicial review thereof, unless otherwise ordered by the Administrator.
    (3) The Administrator will withdraw the accreditation of a non-
government facility if the operator of the facility informs APHIS in 
writing that the facility wishes to terminate its accredited status.
    (4) A non-government facility whose accreditation has been denied or 
withdrawn may reapply for accreditation using the application procedures 
in paragraph (b) of this section. If the facility's accreditation was 
denied or withdrawn under the provisions of paragraph (a)(2) of this 
section, the facility operator must include with the application written 
documentation specifying what actions have been taken to correct the 
conditions that led to the denial or withdrawal of accreditation.
    (5) All information gathered during the course of a non-government 
facility's assessment and during the term of its accreditation will be 
treated by APHIS with the appropriate level of confidentiality, as set 
forth in the U.S. Department of Agriculture's administrative regulations 
in Sec. 1.11 of this title.
    (b) Criteria for accreditation of non-government facilities. (1) 
Specific standards for accreditation in a particular area of laboratory 
testing or phytosanitary inspection are set forth in this part and may 
be obtained by writing to APHIS. If specific standards for accreditation 
in a particular area of laboratory testing or phytosanitary inspection 
have not been promulgated by APHIS, and the Administrator determines 
that accreditation in that area is practical, APHIS will develop 
appropriate standards applicable to accreditation in the area for which 
the non-government facility is seeking accreditation and publish a 
notice of proposed rulemaking in the Federal Register to inform the 
public and other interested persons of the opportunity to comment on and 
participate in the development of those standards.
    (2) The operator of a non-government facility seeking accreditation 
to conduct laboratory testing or phytosanitary inspection shall submit 
an application to the Administrator.

[[Page 441]]

The application must be completed and signed by the operator of the 
facility or his or her authorized representative and must contain the 
following:
    (i) Legal name and full address of the facility;
    (ii) Name, address, and telephone and fax number of the operator of 
the facility or his or her authorized representative;
    (iii) A description of the facility, including its physical plant, 
primary function, scope of operation, and, if applicable, its 
relationship to a larger corporate entity; and
    (iv) A description of the specific laboratory testing or 
phytosanitary inspection services for which the facility is seeking 
accreditation.
    (3) Upon receipt of the application, APHIS will review the 
application to identify the scope of the assessment that will be 
required to adequately review the facility's fitness to conduct the 
laboratory testing or phytosanitary inspection services for which it is 
seeking accreditation. Before the assessment of the facility begins, the 
applicant's representative must agree, in writing, to fulfill the 
accreditation procedure, especially to receive the assessment team, to 
supply any information needed for the evaluation of the facility, and to 
enter into a trust fund agreement as provided by paragraph (c) of this 
section to pay the fees charged to the applicant facility regardless of 
the result of the assessment and to pay the charges of subsequent 
maintenance of the accreditation of the facility. Once the agreement has 
been signed, APHIS will assemble an assessment team and commence the 
assessment as soon as circumstances permit. The assessment team will 
measure the facility's fitness to conduct the laboratory testing or 
phytosanitary inspection services for which it is seeking accreditation 
against the specific standards identified by the Administrator for those 
services by reviewing the facility in the following areas:
    (i) Physical plant. The facility's physical plant (e.g., laboratory 
space, office space, greenhouses, vehicles, etc.) must meet the criteria 
identified in the accreditation standards as necessary to properly 
conduct the laboratory testing or phytosanitary inspection services for 
which it seeks accreditation.
    (ii) Equipment. The facility's personnel must possess or have 
unrestricted access to the equipment (e.g., microscopes, computers, 
scales, triers, etc.) identified in the accreditation standards as 
necessary to properly conduct the laboratory testing or phytosanitary 
inspection services for which it seeks accreditation. The calibration 
and monitoring of that equipment must be documented and conform to 
prescribed standards.
    (iii) Methods of testing or inspection. The facility must have a 
quality manual or equivalent documentation that describes the system in 
place at the facility for the conduct of the laboratory testing or 
phytosanitary inspection services for which the facility seeks 
accreditation. The manual must be available to, and in use by, the 
facility personnel who perform the services. The methods and procedures 
followed by the facility to conduct the laboratory testing or 
phytosanitary inspection services for which it seeks accreditation must 
be commensurate with those identified in the accreditation standards and 
must be consistent with or equivalent to recognized international 
standards for such testing or inspection.
    (iv) Personnel. The management and facility personnel accountable 
for the laboratory testing or phytosanitary inspection services for 
which the facility is seeking accreditation must be identified and must 
possess the training, education, or experience identified in the 
accreditation standards as necessary to properly conduct the testing or 
inspection services for which the facility seeks accreditation, and that 
training, education, or experience must be documented.
    (4) To retain accreditation, the facility must agree to:
    (i) Observe the specific standards applicable to its area of 
accreditation;
    (ii) Be assessed and evaluated on a periodic basis by means of 
proficiency testing or check samples;
    (iii) Demonstrate on request that it is able to perform the tests or 
inspection services representative of those for which it is accredited;

[[Page 442]]

    (iv) Resolve all identified deficiencies;
    (v) Notify APHIS as soon as possible, but no more than 10 days 
following its occurrence, of any change in key management personnel or 
facility staff accountable for the laboratory testing or phytosanitary 
inspection services for which the facility is accredited; and
    (vi) Report to APHIS as soon as possible, but no more than 10 days 
following its occurrence, any change involving the location, ownership, 
physical plant, equipment, or other conditions that existed at the 
facility at the time accreditation was granted.
    (c) Fees and trust fund agreement. The fees charged by APHIS in 
connection with the initial accreditation of a non-government facility 
and the maintenance of that accreditation shall be adequate to recover 
the costs incurred by the government in the course of APHIS' 
accreditation activities. To cover those costs, the operator of the 
facility seeking accreditation must enter into a trust fund agreement 
with APHIS under which the operator of the facility will pay in advance 
all estimated costs that APHIS expects to incur through its involvement 
in the pre-accreditation assessment process and the maintenance of the 
facility's accreditation. Those costs shall include administrative 
expenses incurred in those activities, such as laboratory fees for 
evaluating check test results, 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 APHIS in 
performing those activities. The operator of the facility must deposit a 
certified or cashier's check with APHIS for the amount of the costs, as 
estimated by APHIS. If the deposit is not sufficient to meet all costs 
incurred by APHIS, the operator of the facility must deposit another 
certified or cashier's check with APHIS for the amount of the remaining 
costs, as determined by APHIS, before APHIS' services will be completed. 
After a final audit at the conclusion of the pre-accreditation 
assessment, any overpayment of funds will be returned to the operator of 
the facility or held on account until needed for future activities 
related to the maintenance of the facility's accreditation.

Approved by the Office of Management and Budget under control number 
0579-0130)

[64 FR 1105, Jan. 8, 1999, as amended at 66 FR 37400, July 18, 2001]



Sec. 353.9  Standards for accreditation of non-government facilities to perform laboratory seed health testing and seed crop phytosanitary inspection.

    (a) Application for accreditation, certification of accreditation, 
and monitoring of accredited facilities. A facility may apply to be 
accredited to perform laboratory seed health testing or seed crop 
phytosanitary inspection, or to renew such accreditation, by submitting 
an application in accordance with Sec. 353.8(b)(2) of this part. If 
there are portions of the application deemed to contain trade secret or 
confidential business information (CBI), each page of the application 
containing such information should be marked ``CBI Copy.'' The 
application must be accompanied by a copy of the facility's quality 
manual and a nonrefundable application fee of $1,000. The applicant must 
make additional deposits to cover the costs of gaining and maintaining 
accreditation into a trust fund established in accordance with 
Sec. 353.8(c) of this part upon request by the Administrator.
    (1) Upon determining that a facility is eligible for accreditation, 
the Administrator will issue the facility a certificate of 
accreditation. Accreditation will be for a period of 3 years from the 
date of issuance of the certificate of accreditation and may be renewed 
by submitting a new application and application fee in accordance with 
this paragraph.
    (2) The Administrator may deny or withdraw accreditation in 
accordance with Sec. 353.8(a)(2) of this part. A facility may appeal 
denial of accreditation in accordance with Sec. 353.8(a)(2)(i) of this 
part, and may appeal withdrawal of accreditation in accordance with 
Sec. 353.8(a)(2)(ii) of this part.
    (3) A facility that has been denied accreditation or had its 
accreditation withdrawn may not reapply within 60

[[Page 443]]

days of the date the facility was notified in writing that accreditation 
was denied or withdrawn.
    (4) After a facility is accredited, the facility must allow APHIS 
access to the facility and all of its equipment and records for the 
purpose of conducting unannounced audits to determine the facility's 
continuing eligibility for accreditation. Such audits will occur at 
least once a year and may be performed more frequently at the discretion 
of the Administrator.
    (b) Standards for accreditation. A facility that, in accordance with 
Sec. 353.8(b)(2) of this part, applies to be accredited to perform 
laboratory seed health testing or seed crop phytosanitary inspection 
will be evaluated for accreditation against these standards:
    (1) Physical plant. The facility's physical plant (e.g., laboratory 
space, office space, greenhouses, vehicles, etc.) must:
    (i) Have laboratory and office spaces enclosed by walls and locking 
doors to prevent unauthorized access;
    (ii) Conform to all State and local zoning and other ordinances; and
    (iii) Provide a work area that is dedicated to laboratory functions 
and has sufficient space to conduct the required tests and store the 
materials and samples required for the tests in a manner that prevents 
contamination by other samples in the laboratory and from other sources.
    (2) The facility must have access to all equipment required to 
conduct the laboratory testing or seed crop phytosanitary inspections 
for which it is accredited. Specific test methodologies, materials, and 
the calibration and monitoring of the equipment must conform to 
Reference Manual B, which is incorporated by reference at Sec. 300.4 of 
this chapter. The general requirements for each test category are as 
follows:
    (i) Seed crop phytosanitary inspections. Seed crop phytosanitary 
inspection may also include related activities such as collection of 
seed samples for later laboratory testing, visual inspection of seed 
just prior to export, and inspection of greenhouses or growth chambers 
where plants are grown for seed production, as well as visual inspection 
of seed crops. In the field, inspectors must use accurate field maps, 
hand lenses, and secure containers for the collection, storage, and 
transportation of samples. Inspectors must have direct access to a 
laboratory that is fully equipped to carry out any necessary diagnostic 
tests needed for field samples.
    (ii) Direct visual examination. Visual examination of seed requires 
a stereo microscope. Visual examination of tissue requires a compound 
light microscope. Visual examination of loosely attached or accompanying 
material requires a centrifuge and shaker.
    (iii) Incubation. Required equipment includes incubation chambers, 
laminar flow hoods, media preparation equipment, scales, pH meters, 
distilled and sterile water, gas burners, an autoclave, and the 
appropriate media for the specified tests.
    (iv) Grow-out tests. Grow-out tests require a greenhouse, growth 
chamber, or an outdoor quarantine location, and access to a laboratory 
that is fully equipped to carry out any required diagnostic tests.
    (v) Serological tests. These tests require grinding, extraction, and 
sample purification equipment; fluorescent microscopes; plate readers; 
spectrophotometers; and the appropriate assay materials; or the 
appropriate equipment to use field ready test kits.
    (vi) DNA probes. To conduct these tests, a laboratory must be 
equipped with polymerase chain reaction (PCR) equipment, including 
thermal cyclers, electrophoresis and gel blotting equipment, and the 
reagents and DNA polymerases necessary to conduct the PCR.
    (3) Methods of testing and inspection. The facility must conduct its 
laboratory seed health testing and seed crop phytosanitary inspection 
procedures in accordance with Reference Manual B. The facility must have 
a quality manual documenting its quality system for laboratory seed 
health testing and seed crop phytosanitary inspection procedures. The 
quality system must follow the general guidelines described in ANSI/ASQC 
Q9001-1994, American National Standard: Quality Systems-Model for 
Quality Assurance in Design, Development, Production, Installation and 
Servicing. Acceptable models for quality

[[Page 444]]

systems for accredited facilities are also described in detail in 
Reference Manual A, which is incorporated by reference at Sec. 300.3 of 
this chapter. The personnel who perform the testing and inspection 
services must comply with the quality manual, and management must 
enforce this compliance. The facility must maintain documented 
procedures for identification, collection, indexing, access, filing, 
storage, maintenance, and disposition of quality system records. The 
facility must maintain quality system records to demonstrate conformance 
to the quality manual and the effective operation of the quality system.
    (4) Personnel. There must be a selection procedure and a training 
system to ensure technical competence of all staff members. The 
education, technical knowledge, and experience required to perform 
assigned test and inspection functions must be documented and clearly 
defined. In addition:
    (i) Evaluation of plant or tissue samples must be undertaken by a 
plant pathologist or by laboratory technicians under the supervision of 
a plant pathologist, who may provide such supervision either on-site, or 
from a remote location. Where personnel are required to be trained at a 
facility to evaluate the particular types of plants or tissue samples 
handled by the facility, the training program must be evaluated by APHIS 
and determined to be effective.
    (ii) All staff must have access to and be familiar with the 
reference materials, guides, and manuals required for the routine 
performance of the tests and inspections they conduct.

(Approved by the Office of Management and Budget under control number 
0579-0130)

[66 FR 37400, July 18, 2001, as amended at 67 FR 8466, Feb. 25, 2002]



PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES--Table of Contents




Sec.
354.1  Overtime work at border ports, sea ports, and airports.
354.2  Administrative instructions prescribing commuted traveltime.
354.3  User fees for certain international services.
354.4  User fees for certain domestic services.
354.5  Penalties for nonpayment or late payment of user fees.

    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 
CFR 2.22, 2.80, and 371.3.



Sec. 354.1  Overtime work at border ports, sea ports, and airports.

    (a)(1) Any person, firm, or corporation having ownership, custody, 
or control of plants, plant products, animals, animal byproducts, or 
other commodities or articles subject to inspection, laboratory testing, 
certification, or quarantine under this chapter and subchapter D of 
chapter I, title 9 CFR, who requires the services of an employee of the 
Animal and Plant Health Inspection Service on a Sunday or holiday, or at 
any other time outside the regular tour of duty of that employee, shall 
sufficiently in advance of the period of Sunday, holiday, or overtime 
service request the Animal and Plant Health Inspection Service inspector 
in charge to furnish the service during the overtime or Sunday or 
holiday period, and shall pay the Government at the rate listed in the 
following table, except as provided in paragraphs (a)(1)(i), (ii), and 
(iii) of this section:

  Overtime for Inspection, Laboratory Testing, Certification, or Quarantine of Plants, Plant Products, Animals,
                                 Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
  Outside the employee's normal  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $45.00          $46.00          $48.00          $49.00          $51.00
 holidays.......................
Sundays.........................           59.00           61.00           63.00           65.00           67.00
----------------------------------------------------------------------------------------------------------------


[[Page 445]]

    (i) For any services performed on a Sunday or holiday, or at any 
time after 5 p.m. or before 8 a.m. on a weekday, in connection with the 
arrivals in or departure from the United States of a private aircraft or 
vessel, the total amount payable shall not exceed $25 for all inspection 
services performed by the Customs Service, Immigration and 
Naturalization Service, Public Health Service, and the Department of 
Agriculture;
    (ii) Owners and operators of aircraft will be provided service 
without reimbursement during regularly established hours of service on a 
Sunday or holiday; and
    (iii) The overtime rate to be charged owners or operators of 
aircraft at airports of entry or other places of inspection as a 
consequence of the operation of the aircraft, for work performed outside 
of the regularly established hours of service is listed in the following 
table:

                             Overtime for commercial Airline Inspection Services \1\
----------------------------------------------------------------------------------------------------------------
                                                             Overtime rates (per hour)
  Outside the employee's normal  -------------------------------------------------------------------------------
          tour of duty            Aug. 11, 2002-   Oct. 1, 2002-   Oct. 1, 2003-   Oct. 1, 2004-  Beginning Oct.
                                  Sept. 30, 2002  Sept. 30, 2003  Sept. 30, 2004  Sept. 30, 2005      1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and               $36.00          $37.00          $39.00          $40.00          $41.00
 holidays.......................
Sundays.........................           48.00           49.00           51.00           53.00          55.00
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.

    (2) A minimum charge of 2 hours shall be made for any Sunday or 
holiday or unscheduled overtime duty performed by an employee on a day 
when no work was scheduled for him or her, or which is performed by an 
employee on his or her regular workday beginning either at least 1 hour 
before his or her scheduled tour of duty or which is not in direct 
continuation of the employee's regular tour of duty. In addition, each 
such period of Sunday or holiday or unscheduled overtime work to which 
the 2-hour minimum charge provision applies may include a commuted 
traveltime period (CTT) the amount of which shall be prescribed in 
administrative instructions to be issued by the Administrator, Animal 
and Plant Health Inspection Service for the areas in which the Sunday or 
holiday or overtime work is performed and such period shall be 
established as nearly as may be practicable to cover the time 
necessarily spent in reporting to and returning from the place at which 
the employee performs such Sunday or holiday or overtime duty. With 
respect to places of duty within the metropolitan area of the employee's 
headquarters, such CTT period shall not exceed 3 hours. It shall be 
administratively determined from time to time which days constitute 
holidays. The circumstances under which such CTT periods shall be 
charged and the percentage applicable in each circumstance are as 
reflected in the following table:

------------------------------------------------------------------------
                                   Actual
                                   time\1\       2-hour      Commuted\2\
                                 charge--no     guarantee    traveltime
                                   minimum       charge     (CTT) charge
------------------------------------------------------------------------
      Charges for Inspection Within Metropolitan Area of Employee's
                              Headquarters
 
------------------------------------------------------------------------
Work beginning   before daily
  tour begins:
  8 to 59 minutes.............  Yes.........  No..........  None.
  60 to 119 minutes...........  ............  Yes.........  \1/2\ CTT.
  120 minutes or more.........  ............  Yes.........  Full CTT.
Work beginning   after daily
 tour ends:
  Direct continuation.........  Yes.........  No..........  None.
  Break-in-service   of:
    2-29 minutes..............  ............  Yes.........  None.
    30-60 minutes.............  ............  Yes.........  \1/2\ CTT.
    61 minutes or more........  ............  Yes.........  Full CTT.
 
------------------------------------------------------------------------
 Charges for Inspection Services Performed Outside Metropolitan Area of
                         Employee's Headquarters
 
------------------------------------------------------------------------
Work beginning   before daily
  tour begins:
  8 to 59 minutes.............  Yes.........  No..........  \1/2\ CTT.
  60 minutes or more..........  ............  Yes.........  Full CTT.

[[Page 446]]

 
Work beginning   after daily
 tour ends:
  Direct continuations........  Yes.........  No..........  \1/2\ CTT.
  2-59 minutes................  No..........  Yes.........  \1/2\ CTT.
  60 minutes or more..........  No..........  Yes.........  Full CTT.
 
------------------------------------------------------------------------
    Charges for Call Out Inspection Service on Holiday or Nonworkday
 
------------------------------------------------------------------------
Work beginning at any time....  No..........  Yes.........  Full CTT.
------------------------------------------------------------------------
\1\ Actual time charged when work is contiguous with the daily tour will
  be in quarter hour multiples, with service time of 8 minutes or more
  rounded up to the next quarter hour and any time of less than 8
  minutes will be disregarded.
\2\ The full CTT allowance will be the amount of commuted traveltime
  prescribed for the place at which the inspections are performed. See
  Sec.  354.2. One-half CTT is \1/2\ of the full CTT period.

    (b) The Animal and Plant Health Inspection Service inspector in 
charge of honoring a request to furnish inspection, laboratory testing, 
quarantine or certification service, shall assign employees to such 
Sunday or holiday or overtime duty with due regard to the work program 
and availability of employees for duty.
    (c) As used in this section--
    (1) The term private aircraft means any civilian aircraft not being 
used to transport persons or property for compensation or hire, and
    (2) The term private vessel means any civilian vessel not being used 
(i) to transport persons or property for compensation or hire, or (ii) 
in fishing operations or in processing of fish or fish products.
    (d)(1) Any principal, or any person, firm, partnership, corporation, 
or other legal entity acting as an agent or broker by requesting Sunday, 
holiday, or overtime services of an Animal and Plant Health Inspection 
Service inspector on behalf of any other person, firm, partnership, 
corporation, or other legal entity (principal), and who has not 
previously requested such service from an Animal and Plant Health 
Inspection Service inspector, must pay the inspector before service is 
provided.
    (2) Since the payment must be collected before service can be 
provided, the Animal and Plant Health Inspection Service inspector will 
estimate the amount to be paid. Any difference between the inspector's 
estimate and the actual amount owed to the Animal and Plant Health 
Inspection Service will be resolved as soon as reasonably possible 
following the delivery of service, with the Animal and Plant Health 
Inspection Service either returning the difference to the agent, broker, 
or principal, or billing the agent, broker, or principal for the 
difference.
    (3) The prepayment must be in some guaranteed form, such as money 
order, certified check, or cash. Prepayment in guaranteed form will 
continue until the Animal and Plant Health Inspection Service determines 
that the agent, broker, or principal has established an acceptable 
credit history.
    (4) For security reasons, cash payments will be accepted only from 7 
a.m. to 5 p.m., and only at a location designated by the Animal and 
Plant Health Inspection Service inspector.
    (e)(1) Any principal, or any person, firm, partnership, corporation, 
or other legal entity requesting Sunday, holiday, or overtime services 
of an Animal and Plant Health Inspection Service inspector, and who has 
a debt to the Animal and Plant Health Inspection Service more than 60 
days delinquent, must pay the inspector before service is provided.
    (2) Since the payment must be collected before service can be 
provided, the Animal and Plant Health Inspection Service inspector will 
estimate the amount to be paid. Any difference between the inspector's 
estimate and the actual amount owed to the Animal and Plant Health 
Inspection Service will be resolved as soon as reasonably possible 
following the delivery of service, with the Animal and Plant Health 
Inspection Service either returning the difference to the agent, broker, 
or principal, or billing the agent, broker, or principal for the 
difference.
    (3) The prepayment must be in some guaranteed form, such as money 
order, certified check, or cash. Prepayment in guaranteed form will 
continue until the debtor pays the delinquent debt.
    (4) For security reasons, cash payments will be accepted only from 7 
a.m. to 5 p.m., and only at a location designated by the Animal and 
Plant Health Inspection Service inspector.

[[Page 447]]

    (f) Reimbursable Sunday, holiday, or overtime services will be 
denied to any principal, or any person, firm, partnership, corporation, 
or other legal entity who has a debt to the Animal and Plant Health 
Inspection Service more than 90 days delinquent. Services will be denied 
until the delinquent debt is paid.

[49 FR 1173, Jan. 10, 1984, as amended at 49 FR 12186, Mar. 29, 1984; 49 
FR 19441, May 8, 1984; 52 FR 16822, May 6, 1987; 53 FR 52975, Dec. 30, 
1988; 54 FR 13506, Apr. 4, 1989; 55 FR 3198, Jan. 31, 1990; 55 FR 41059, 
Oct. 9, 1990; 56 FR 1082, Jan. 11, 1991; 58 FR 32434, June 10, 1993; 67 
FR 48523, July 25, 2002]



Sec. 354.2  Administrative instructions prescribing commuted traveltime.

    Each period of overtime and holiday duty, as defined in Sec. 354.1 
shall, in addition, include a commuted traveltime period for the 
respective ports, stations, and areas in which employees are located. 
The prescribed commuted traveltime periods are set forth below:

                     Commuted Traveltime Allowances
                               [In hours]
------------------------------------------------------------------------
                                                      Metropolitan area
        Location covered            Served from--   --------------------
                                                     Within    Outside
------------------------------------------------------------------------
Alabama:
  Birmingham (including          Alabaster.........  ......            2
   Birmingham Municipal
   Airport).
  Birmingham (including          Pelham............  ......            2
   Birmingham Municipal
   Airport).
  Chickasaw....................  Mobile............  ......            2
  Huntsville...................  ..................       1  ...........
  Mobile.......................  ..................       2  ...........
  Montgomery...................  ..................       1  ...........
  Undesignated ports...........  ..................  ......            3
Alaska:
  Anchorage....................  ..................       1  ...........
  Seward.......................  Anchorage.........  ......            6
  Undesignated ports...........  ..................  ......            3
Arizona:
  Davis-Monthan AFB, Tucson....  Nogales...........  ......            4
  Douglas......................  ..................       1  ...........
  Douglas......................  Nogales...........  ......            6
  Fort Huachuca Army Base,       Douglas or Nogales  ......            3
   Sierra Vista.
  Fort Huachuca Army Base,       Tucson............  ......            4
   Sierra Vista.
  Nogales......................  ..................       2  ...........
  Phoenix......................  ..................       2  ...........
  Phoenix......................  Nogales...........  ......            6
  Phoenix......................  Tucson............  ......            5
  San Luis.....................  ..................       2  ...........
  Sasabe.......................  Nogales...........  ......            4
  Tucson.......................  ..................       1  ...........
  Tucson.......................  Nogales...........  ......            3
  Yuma International airport...  ..................       1  ...........
  Undesignated ports...........  ..................  ......            3
Arkansas:
  Dardanelle...................  Conway............  ......            3
  Dardanelle...................  Little Rock.......  ......            3
  Eaker AFB....................  Blytheville.......  ......            1
  Fort Smith...................  Conway............  ......            5
  Fort Smith...................  Little Rock.......  ......            6
  Helena.......................  Blytheville.......  ......            5
  Helena.......................  Little Rock.......  ......            5
  Little Rock..................  ..................       1  ...........
  Little Rock..................  Conway............  ......            2
  Little Rock AFB..............  ..................       2  ...........
  Little Rock AFB..............  Conway............  ......            2
  Osceola......................  Blytheville.......  ......            2
  Pine Bluff...................  Conway............  ......            4
  Pine Bluff...................  Little Rock.......       2  ...........
  Undesignated ports...........  ..................  ......            3
  West Memphis.................  Blytheville.......  ......            3
Bahamas:
  Nassau.......................  ..................       1  ...........
  Freeport.....................  ..................       1  ...........

[[Page 448]]

 
Bermuda:
  Ferry Reach..................  ..................       1  ...........
California:
  Andrade......................  Calexico..........  ......            2
  Antioch......................  San Francisco.....  ......            4
  Bakersfield..................  Shafter...........       1
  Beale AFB....................  Sacramento........  ......            4
  Burbank......................  Los Angeles.......  ......            3
  Calexico.....................  ..................       1  ...........
  Camp Pendleton, USMC,          San Diego.........  ......            3
   Oceanside.
  Castle AFB...................  Merced............  ......            1
  Edwards AFB..................  Ontario...........  ......            4
  El Segundo...................  Los Angeles.......  ......            2
  El Toro MCAS.................  Los Angeles.......  ......            3
  Fairfield....................  Stockton..........  ......            4
  Fresno.......................  Shafter...........  ......            5
  Fresno.......................  Stockton..........  ......            5
  Hanford......................  Shafter...........  ......            5
  Lemoore......................  Shafter...........  ......            5
  George AFB...................  Los Angeles.......  ......            4
  Hamilton AFB, Novato.........  Travis AFB........  ......            3
  Los Angeles (including San     ..................       2  ...........
   Pedro, Los Angeles Harbor,
   Los Angeles International
   Airport, Long Beach Harbor,
   and Long Beach Municipal
   Airport).
  March AFB....................  Los Angeles.......  ......            4
  March AFB....................  Ontario...........  ......            3
  Martinez.....................  San Francisco.....  ......            3
  Mather Field AFB.............  Travis AFB........  ......            3
  Mather Airfield..............  Sacramento........       3  ...........
  Mather AFB...................  Stockton..........  ......            3
  McClellan AFB................  Sacramento........       3  ...........
  McClellan AFB................  Stockton..........  ......            4
  McClellan AFB................  Travis AFB........  ......            3
  Merced/Atwater (Old Castle     Stockton..........  ......            3
   AFB).
  Moffett Field NAS, Sunnyside.  San Francisco.....  ......            3
  Moffett Field NAS, Sunnyside.  San Jose..........       2  ...........
  Monterey.....................  San Jose..........  ......            5
  Monterey.....................  San Francisco.....  ......            6
  Moss Beach Landing...........  San Jose..........  ......            4
  Norton AFB...................  Los Angeles.......  ......            4
  Ontario......................  Los Angeles.......  ......            3
  Palm Springs International     Ontario...........  ......            4
   Airport.
  Pittsburg....................  San Francisco.....  ......            4
  Port Chicago.................  San Francisco.....  ......            3
  Port Hueneme.................  Port Hueneme......       1
  Port Hueneme.................  San Pedro.........  ......            4
  Redwood City.................  San Francisco.....  ......            2
  Richmond.....................  San Francisco.....  ......            3
  Rodeo........................  San Francisco.....  ......            3
  Sacramento...................  ..................       1  ...........
  Sacramento...................  San Francisco.....  ......            5
  Sacramento...................  San Jose..........  ......            6
  Sacramento...................  Stockton..........  ......            3
  Sacramento...................  Travis AFB........  ......            2
  Sacramento International       Sacramento........       3  ...........
   Airport.
  Sacramento Metropolitan        Stockton..........  ......            4
   Airport.
  Sacramento Metropolitan        Travis AFB........  ......            3
   Airport.
  Sacramento Seaport...........  Sacramento........       2  ...........
  San Bernardino International   Ontario...........  ......            2
   Airport (Old Norton AFB).
  San Diego (including Mexican   ..................       2  ...........
   border at San Ysidro; Brown,
   Gillespie, and Lindbergh
   Fields, Imperial Beach;
   North Island, Miramar and
   Naval and Civilian Maritime
   within the San Diego Unified
   Port District).
  San Diego....................  Los Angeles.......  ......            6
  San Francisco (including       ..................       2  ...........
   Alameda, Oakland, San
   Francisco International
   Airport, and Oakland
   International Airport).
  San Francisco................  San Jose..........  ......            4
  San Jose.....................  ..................       2  ...........

[[Page 449]]

 
  San Jose.....................  Sacramento........  ......            5
  San Jose.....................  San Francisco.....  ......            4
  San Jose.....................  Stockton..........  ......            5
  San Luis Obispo Seaport......  Port Hueneme......  ......            5
  Santa Barbara Airport........  Port Hueneme......  ......            2
  Seal Beach...................  Los Angeles.......  ......            2
  Southern California            Ontario...........  ......            3
   International Airport (Old
   George AFB).
  Stockton.....................  ..................       1  ...........
  Stockton.....................  Sacramento........  ......            3
  Stockton.....................  San Jose..........  ......       4\1/2\
  Tecate.......................  San Ysidro........  ......            3
  Travis AFB...................  ..................       1  ...........
  Travis AFB...................  San Francisco.....  ......            4
  Vallejo......................  San Francisco.....  ......            2
  Undesignated ports...........  ..................  ......            3
Canada:
  Vancouver, BC (including       Blaine............  ......            4
   Richmond).
Colorado:
  Denver (including Stapleton    ..................       2  ...........
   International Airport).
  Ent AFB (Peterson Field).....  Denver............  ......            5
  Stapleton International        Ft. Collins.......  ......            4
   Airport.
Connecticut:
  Bridgeport...................  Groton............  ......            4
  Bridgeport...................  Wallingford.......  ......            2
  Bridgeport...................  Warwick, RI.......  ......            6
  Bridgeport...................  Windsor Locks.....  ......            4
  Groton (including New London)  Wallingford.......  ......            4
  Groton (including New London)  Warwick, RI.......  ......            4
  Groton (including New London)  Windsor Locks.....  ......            4
  Groton (including New London)  ..................       2  ...........
  New Haven....................  Groton............  ......            3
  New Haven....................  Wallingford, CT...  ......            1
  New Haven....................  Warwick, RI.......  ......            6
  New Haven....................  Windsor Locks.....  ......            3
  Windsor Locks (including       ..................       1  ...........
   Bradley Field).
  Windsor Locks (including       Boston, MA........  ......            6
   Bradley Field).
  Windsor Locks (including       Groton............  ......            4
   Bradley Field).
  Windsor Locks (including       Hadley, MA........  ......            2
   Bradley Field).
  Windsor Locks (including       Wallingford.......  ......            3
   Bradley Field).
  Windsor Locks (including       Warwick, RI.......  ......            6
   Bradley Field).
  Undesignated ports...........  ..................  ......            3
Delaware:
  Dover........................  ..................       1  ...........
  Dover........................  Wilmington........  ......       3\1/2\
  Wilmington (including NCCA,    ..................       2  ...........
   Delaware City, and Claymont).
  Wilmington (including NCCA,    Dover.............  ......            3
   Delaware City, and Claymont).
  Wilmington...................  Philadelphia, PA..  ......            3
  Wilmington...................  Baltimore, MD.....  ......            5
  Wilmington...................  Bridgeton.........  ......            3
  Wilmington...................  Trenton...........  ......            3
District of Columbia:
  Washington, DC Metropolitan    Andrews AFB, MD...       2  ...........
   area (including Arlington
   and Alexandria, VA; Andrews
   AFB, MD; and Washington Navy
   Yard).
  Washington, DC Metropolitan    Beltsville, MD....       2  ...........
   area (including Arlington
   and Alexandria, VA; Andrews
   AFB, MD; and Washington Navy
   Yard).
  Washington, DC Metropolitan    Dulles              2\1/2\  ...........
   area (including Arlington      International
   and Alexandria, VA; Andrews    Airport, VA.
   AFB, MD; and Washington Navy
   Yard).
Florida:
  Apalachicola.................  Panama City.......  ......            3
  Apalachicola.................  Pensacola.........  ......            6
  Boca Grande..................  Tampa.............  ......            5
  Eglin AFB....................  Panama City.......  ......            3
  Eglin AFB....................  Pensacola.........  ......            3

[[Page 450]]

 
  Fort Lauderdale..............  ..................       2  ...........
  Fort Meyers..................  Tampa.............  ......            5
  Fort Myers...................  Fort Myers........       2  ...........
  Fort Myers...................  Palmetto..........  ......            5
  Fort Pierce..................  ..................       1  ...........
  Fort Pierce..................  West Palm Beach...  ......            3
  Jacksonville.................  ..................       2  ...........
  Key West.....................  ..................       1  ...........
  Marathon.....................  Key West..........  ......            2
  Miami........................  ..................       2  ...........
  Orlando......................  ..................       2  ...........
  Orlando......................  Port Canaveral....  ......            3
  Orlando......................  Ocoee.............  ......            2
  Panama City..................  ..................       1  ...........
  Panama City..................  Pensacola.........  ......            5
  Patrick AFB..................  ..................       1  ...........
  Pensacola....................  ..................       1  ...........
  Pensacola....................  Mobile, AL........  ......            3
  Pensacola....................  Panama City.......  ......            5
  Pompano Beach................  Fort Lauderdale...                    3
  Port Canaveral...............  ..................       1  ...........
  Port Everglades..............  ..................       2  ...........
  Port St. Joe.................  Panama City.......  ......            2
  Port St. Joe.................  Pensacola.........  ......            6
  St. Petersburg/Clearwater....  Tampa.............       2  ...........
  Tampa........................  ..................       2  ...........
  West Palm Beach..............  ..................       1  ...........
  Undesignated ports...........  ..................  ......            3
Georgia:
  Atlanta......................  ..................       2  ...........
  Brunswick....................  ..................       2  ...........
  Brunswick....................  Savannah..........  ......            4
  Columbus.....................  Atlanta...........  ......            4
  Marietta.....................  Atlanta...........  ......            2
  St. Mary's...................  Brunswick.........  ......            3
  St. Mary's...................  Jacksonville, FL..  ......            3
  Savannah.....................  ..................       2  ...........
  Undesignated ports...........  ..................  ......            3
Hawaii:
  Barbers Point NAS............  Honolulu..........  ......            2
  Barking Sands NAS............  Lihue.............  ......            3
  Hilo.........................  ..................       1  ...........
  Honolulu.....................  ..................       2  ...........
  Kaanapali, Lahaina, Maui.....  Kahului, Maui.....  ......            2
  Kaanapali, Lahaina (Maui)....  Honolulu..........  ......            6
  Kahului, Maui................  ..................       1  ...........
  Kahului, Maui................  Honolulu..........  ......            4
  Kailua, Kona.................  Hilo..............  ......            5
  Kailua, Kona.................  Keahole...........       1  ...........
  Kalapana.....................  Hilo..............  ......            2
  Kaneohi MCAS.................  Honolulu..........  ......            2
  Kapaa........................  Lihue.............  ......            2
  Kapahi.......................  Lihue.............  ......            2
  Keaau........................  Hilo..............  ......            1
  Keahole......................  ..................       1  ...........
  Keauhou......................  Honolulu..........  ......            5
  Keauhou......................  Keahole...........  ......            2
  Lihue Airport................  Lihue.............       1  ...........
  Lihue, Kauai.................  ..................       1  ...........
  Lihue, Kauai.................  Honolulu..........  ......            5
  Mahaiula.....................  Keahole...........  ......            2
  Napili-Kapalua...............  Maui..............  ......            3
  Nawiliwili...................  Lihue.............       1  ...........
  Poipu........................  Lihue.............  ......            3
  Port Allen...................  Lihue.............  ......            3
  Princeville..................  Lihue.............  ......            3
  South Kohala.................  Hilo..............  ......            4
  Wahiawa, Oahu................  Honolulu..........  ......            2
  Wailea-Makena................  Maui..............  ......            2

[[Page 451]]

 
  West Loch, Pearl Harbor......  Honolulu..........  ......            2
  Undesignated ports...........  ..................  ......            3
Idaho:
  Mountain Home AFB............  Caldwell..........  ......            3
  Mountain Home AFB............  Twin Falls........  ......            4
Illinois:
  Chicago......................  ..................       3  ...........
Indiana:
  Burns Harbor (including Gary)  Frankfort.........  ......            5
  Evansville...................  Franklin..........  ......            6
  Gary.........................  Hanna.............  ......            2
  Indianapolis.................  Frankfort.........  ......            3
  Indianapolis.................  Franklin..........  ......            2
  Indianapolis.................  ..................       1  ...........
  Mount Vernon.................  Franklin..........  ......            6
  Undesignated ports...........  ..................  ......            3
Iowa:
  Davenport....................  Des Moines........  ......            6
  Des Moines...................  ..................       1  ...........
  Soiux City...................  Des Moines........  ......            6
  Undesignated ports...........  Des Moines........  ......            6
Kansas:
  Johnson County Industrial....  Kansas City, MO...  ......            2
  Topeka.......................  Kansas City, MO...  ......            3
  Topeka.......................  Wichita...........  ......            6
  Wichita......................  ..................  1\1/2\  ...........
Kentucky:
  Covington....................  Lexington.........  ......            4
  Fort Campbell................  Brentwood, TN.....  ......            4
  Fort Campbell................  Jackson, TN.......  ......            5
  Greater Cincinnati Airport...  Erlanger, KY......       2  ...........
  Greater Cincinnati Airport...  Louisville, KY....       1  ...........
  Greater Cincinnati Airport...  Louisville, KY....  ......            4
  Louisville...................  Erlanger..........  ......            4
  Louisville...................  Lexington.........  ......            4
  Undesignated ports...........  ..................  ......            3
Louisiana:
  Barksdale AFB, Shreveport....  Baton Rouge.......  ......            6
  Barksdale AFB, Shreveport....  Monroe............  ......            4
  Barksdale AFB................  Shreveport........  ......       1\1/2\
  Baton Rouge (including Port    ..................       2  ...........
   Allen).
  Buras........................  New Orleans.......  ......            4
  Burnside.....................  Baton Rouge.......  ......            3
  Cameron......................  Lake Charles......  ......            3
  Carlyss......................  Lake Charles......  ......            2
  Clifton Ridge................  Lake Charles......  ......            2
  Convent......................  Baton Rouge.......  ......            3
  Donaldsonville...............  Baton Rouge.......  ......            3
  England Air Park.............  Baton Rouge.......  ......            5
  England Air Park.............  Shreveport........  ......            5
  England Air Park.............  Monroe............  ......            4
  Fouchon......................  New Orleans.......  ......            5
  Geismar......................  Baton Rouge.......  ......            2
  Hackberry....................  Lake Charles......  ......            2
  Lake Charles.................  Baton Rouge.......  ......            5
  Lake Charles.................  Port Arthur, TX...  ......            3
  Lake Charles.................  ..................       1  ...........
  Morgan City..................  New Orleans.......  ......            4
  New Orleans..................  ..................       2  ...........
  Ostrica......................  New Orleans.......  ......            4
  Plaquemine...................  Baton Rouge.......  ......            2
  Port of Tallulah.............  Baton Rouge.......  ......            6
  Port of Tallulah.............  West Monroe.......  ......            3
  St. Gabriel..................  Baton Rouge.......  ......            2
  St. James....................  Baton Rouge.......  ......            3
  Uncle Sam....................  Baton Rouge.......  ......            3
  Venice.......................  New Orleans.......  ......            4

[[Page 452]]

 
  Points on the Mississippi      New Orleans.......  ......            3
   River above the St. Charles-
   Jefferson Parish boundary to
   and including Gramercy, LA:
   any point below Chalmette,
   LA, on the east bank; and
   Belle Chasse, LA, and points
   to and including Port
   Sulphur on the west bank.
  Undesignated ports...........  ..................  ......            3
Maine:
  Bangor.......................  ..................       1  ...........
  Bangor.......................  Augusta...........  ......            3
  Bath.........................  Portland..........  ......            2
  Brunswick NAS................  Portland..........  ......            2
  Brunswick NAS................  Augusta...........  ......            2
  Bucksport....................  Bangor............  ......            2
  Cousins Island...............  Portland..........  ......            1
  Eastport.....................  Bangor............  ......            6
  Harpswell....................  Portland..........  ......            2
  Kittery......................  Portland..........  ......            3
  Portland.....................  ..................       1  ...........
  Portland.....................  Augusta...........  ......            3
  Portland.....................  Manchester, NH....  ......            6
  Searsport....................  Augusta...........  ......            4
  Searsport....................  Bangor............  ......            3
  Wiscasset....................  Portland..........  ......            3
  Winterport...................  Bangor............  ......            2
  Undesignated ports...........  ..................  ......            3
Maryland:
  Aberdeen Proving Ground......  Baltimore.........  ......            3
  Andrews AFB..................  ..................       2  ...........
  Andrews AFB..................  Baltimore.........  ......       3\1/2\
  Andrews AFB..................  Beltvsille........       2  ...........
  Andrews AFB..................  Dulles              2\1/2\  ...........
                                  International
                                  Airport, VA.
  Annapolis....................  Baltimore.........  ......            3
  Baltimore....................  ..................       3  ...........
  Baltimore                      Andrews AFB.......  ......       3\1/2\
  Cambridge....................  Baltimore.........  ......            4
  Cambridge....................  Dover, DE.........  ......            4
  Piney Point..................  Baltimore.........  ......            5
  Piney Point..................  Beltsville........  ......            4
  Salisbury....................  Dover, DE.........  ......            3
  Salisbury....................  Baltimore.........  ......            4
  Undesignated ports...........  Dover, DE, or       ......            3
                                  Dulles
                                  International
                                  Airport, VA.
    (For other points in
     Maryland, see DC listing)
Massachusetts:
  Boston.......................  ..................       3  ...........
  Boston.......................  New Bedford.......  ......            5
  Fall River...................  Boston............  ......            5
  Fall River...................  New Bedford.......  ......            2
  Fall River...................  Warwick, RI.......  ......            3
  Gloucester...................  Boston............  ......            4
  New Bedford..................  ..................       1  ...........
  New Bedford..................  Boston............  ......            5
  New Bedford..................  Warwick, RI.......  ......            3
  Otis ANG/CGNS................  Boston............  ......            6
  Otis ANG/CGNS................  New Bedford.......  ......            3
  Otis ANG/CGNS................  Warwick, RI.......  ......            5
  Plymouth.....................  Warwick, RI.......  ......            3
  Provincetown.................  Warwick, RI.......  ......            6
  Sandwich.....................  Boston............  ......            6
  Sandwich.....................  New Bedford.......  ......            3
  Sandwich.....................  Warwick, RI.......  ......            4
  Somerset.....................  Boston............  ......            4
  Somerset.....................  New Bedford.......  ......            2
  Westover AFB.................  Boston............  ......            6
  Westover AFB.................  Hadley............  ......       1\1/2\
  Westover AFB.................  Windsor Locks, CT.  ......            2
  Woods Hole...................  Boston............  ......            6
  Woods Hole...................  New Bedford.......  ......            3
  Woods Hole...................  Warwick, RI.......  ......            5

[[Page 453]]

 
  Undesignated ports...........  Boston, New         ......            3
                                  Bedford, MA and
                                  Warwick, RI.
  Undesignated ports...........  Windsor Locks, CT.  ......            3
Mexico:
  Camargo......................  Roma, TX..........       1  ...........
  Ciudad Acuna.................  Del Rio, TX.......       1  ...........
  Ciudad Juarez................  El Paso, TX.......       1  ...........
  Matamoros....................  Brownsville, TX...       1  ...........
  Mier.........................  Roma, TX..........       1  ...........
  Nuevo Cd. Guerrero...........  Roma, TX..........       1  ...........
  Nuevo Laredo.................  Laredo, TX........       1  ...........
  Nuevo Progreso...............  Progreso, TX......       1  ...........
  Ojinago......................  Presidio..........       1  ...........
  Piedras Negras...............  Eagle Pass, TX....       1  ...........
  Reynosa......................  Hidalgo, TX.......       1  ...........
Michigan:
  Battle Creek.................  Grand Rapids......  ......            3
  Bay City.....................  Mt. Pleasant......  ......            3
  Detroit (including Detroit     Romulus/Detroit...       3
   Metropolitan Airport, and
   Willow Run Airport).
  Kent County Airport..........  Grand Rapids......       1  ...........
  Muskegon.....................  Grand Rapids......  ......            2
  Pontiac......................  Romulus...........  ......            4
  Saginaw......................  Mt. Pleasant......  ......            3
  Selfridge AFB................  Port Huron........  ......            3
Minnesota:
  Duluth.......................  ..................       1  ...........
  Duluth.......................  Minneapolis.......  ......            6
 
  Minneapolis-St. Paul.........  ..................       2  ...........
  Silver Bay...................  Duluth............  ......            3
Mississippi:
  Greenville...................  Jackson...........  ......            5
  Gulfport.....................  ..................       1  ...........
  Jackson......................  ..................       1  ...........
  Keesler AFB..................  Gulfport..........  ......            1
  Natchez......................  Brookhaven........  ......            4
  Pascagoula...................  Gulfport..........  ......            2
  Pascagoula...................  Mobile, AL........  ......            3
  Port Bienville...............  Gulfport..........  ......            2
  Vicksburg....................  Jackson...........  ......            3
  Undesignated ports...........  ..................  ......            3
Missouri:
  Kansas City..................  ..................       1  ...........
  Kansas City..................  St. Charles.......  ......            6
  Kansas City International      ..................       1  ...........
   Airport.
  Kansas City International      St. Louis.........  ......            6
   Airport.
  Richards-Gebaur AFB..........  Kansas City.......       2  ...........
  Rosecrans AFB................  Kansas City.......  ......            3
  St. Louis and St. Louis        St. Louis.........       2  ...........
   International Airport.
  Whiteman, AFB................  Kansas City.......  ......            4
Montana:
  Butte International Airport..  Billings..........  ......            6
  Great Falls International      Great Falls.......       1  ...........
   Airport.
Nebraska:
  Omaha (including Offutt AFB).  Lincoln...........  ......            3
Nevada:
  Las Vegas....................  ..................       1  ...........
  Reno.........................  ..................       1  ...........
New Hampshire:
  Keene Airport, Keene.........  Groton............  ......            6
  Lebanon......................  Manchester........  ......            5
  Manchester...................  ..................       2  ...........
  Newington....................  Manchester........  ......            4
  Newington....................  Portland, ME......  ......            3
  Pease AFB....................  Manchester........  ......            4
  Pease AFB....................  Portland, ME......  ......            3
  Portsmouth...................  Manchester........  ......            4
  Portsmouth...................  Portland, ME......  ......            3
  Undesignated ports...........  Manchester........  ......            3

[[Page 454]]

 
New Jersey:
  Atlantic City................  McGuire AFB.......  ......            3
  Atlantic City................  Mullica Hill......  ......       2\1/2\
  Burlington...................  Trenton...........  ......            1
  Coast Guard Station, Cape May  Mullica Hill......  ......            4
  Deepwater....................  Mullica Hill......  ......            2
  Hammonton....................  Mullica Hill......  ......            2
  Hammonton....................  Trenton...........  ......            3
  Lakehurst NAS................  McGuire AFB.......  ......            2
  Leonardo.....................  McGuire AFB.......  ......            4
  Leonardo.....................  Trenton...........  ......            4
  McGuire AFB..................  Mullica Hill......  ......            3
  McGuire AFB..................  Trenton...........  ......            2
  McGuire AFB, Wrightstown.....  ..................       2  ...........
  Paulsboro....................  Mullica Hill......  ......       1\1/2\
  Paulsboro....................  Philadelphia, PA..  ......            3
  Salem........................  McGuire AFB.......  ......            3
  Salem........................  Trenton...........  ......            3
  Trenton......................  ..................       2  ...........
New Mexico:
  Albuquerque..................  ..................       1  ...........
  Columbus.....................  Deming............  ......       1\1/2\
  Columbus.....................  El Paso, TX.......  ......            6
  Columbus.....................  Las Cruces........  ......            4
  Holloman AFB, Alamogordo.....  El Paso, TX.......  ......            4
  Santa Teresa.................  El Paso, TX.......  ......       1\1/2\
  Santa Teresa.................  Las Cruces........  ......       1\1/2\
  Undesignated ports...........  ..................  ......            3
New York:
  Alexandria Bay...............  Oneida............  ......            5
  Buffalo......................  ..................       2  ...........
Chateaugay (including            Rouses Point......  ......            3
 Churubusco and Cannon Corners).
  Corning......................  Avoca.............       2
  Corning......................  Big Flats.........       1
  Farmingdale..................  Westhampton Beach.       3
  Islip........................  Westhampton Beach.       2
  Jamaica, Long Island.........  ..................       2  ...........
  Lewiston.....................  Buffalo...........  ......            2
Massena........................  Rouses Point......  ......            5
  New York.....................  ..................       3  ...........
  Niagara Falls................  Buffalo...........  ......            2
Ogendsburg.....................  Rouses Point......  ......            6
  Oswego.......................  Buffalo...........  ......            6
  Oswego.......................  Canandaigua.......       4
  Oswego.......................  Oneida............       3
Plattsburgh....................  Rouses Point......  ......            3
  Rochester....................  Avoca.............       3
  Rochester....................  Buffalo...........  ......            4
  Rochester....................  Canandaigua.......       2
Rooseveltown...................  Rouses Point......  ......            5
Rouses Point (including          Rouses Point......       2  ...........
 Champlain).
  Syracuse.....................  ..................       1  ...........
  Syracuse.....................  Buffalo...........  ......            6
  Syracuse.....................  Canandaigua.......       3
  Syracuse.....................  Oneida............       2
  Watertown....................  Oneida............  ......            4
  Westhampton ANG..............  Westhampton.......       1
  Undesignated ports...........  Buffalo or Rouses   ......            3
                                  Point.
North Carolina:
  Camp Lejeune.................  Morehead City.....  ......            2
  Camp Lejeune.................  Wilmington........  ......            3
  Charlotte....................  ..................       2  ...........
  Charlotte....................  Burlington........  ......            5
  Charlotte....................  Greensboro........  ......            4
  Charlotte International        Laurinburg........  ......            5
   Airport.
  Cherry Point.................  Goldsboro.........  ......            4
  Cherry Point.................  Morehead City.....  ......            2
  Elizabeth City...............  ..................       1  ...........
  Fort Bragg...................  Fayetteville......       2  ...........

[[Page 455]]

 
  Greensboro...................  ..................  1\1/2\  ...........
  Greensboro...................  Charlotte.........  ......            4
  Greensboro...................  Fayetteville......  ......       4\1/2\
  Greensboro...................  Laurinburg........  ......            6
  Morehead City................  ..................       1  ...........
  Morehead City................  Clinton...........  ......            4
  Morehead City................  Goldsboro.........  ......            4
  New River MCAS...............  Morehead City.....  ......            3
  Pope AFB.....................  Clinton...........  ......       2\1/2\
  Pope AFB.....................  Fayetteville......  1\1/2\  ...........
  Pope AFB.....................  Goldsboro.........  ......            4
  Raleigh......................  Clinton...........  ......            4
  Raleigh......................  Fayetteville......  ......            4
  Raleigh......................  Goldsboro.........  ......            4
  Raleigh......................  Raleigh...........       2  ...........
  Seymour-Johnson AFB..........  Goldsboro.........       1  ...........
  Sunny Point Army Terminal,     Wilmington........  ......            2
   Southport.
  Wilmington...................  ..................       1  ...........
  Undesignated ports...........  ..................  ......            3
Ohio:
  Akron........................  Cleveland.........  ......            2
  Ashtabula....................  Cleveland.........  ......            3
  Cincinnati...................  Columbus..........  ......            6
  Cincinnati...................  Dayton............  ......            3
  Cincinnati...................  Toledo............  ......            6
  Cincinnati...................  Washington Court    ......            3
                                  House.
  Cleveland....................  ..................       2  ...........
  Cleveland....................  Toledo............  ......            5
  Columbus.....................  ..................       2  ...........
  Columbus.....................  Cleveland.........  ......            6
  Columbus.....................  Dayton............  ......            4
  Columbus.....................  Toledo............  ......            6
  Columbus.....................  Washington Court    ......            3
                                  House.
  Dayton.......................  ..................       2  ...........
  Dayton.......................  Columbus..........  ......            4
  Dayton.......................  Toledo............  ......            6
  Dayton.......................  Washington Court    ......            3
                                  House.
  Fairport Harbor..............  Cleveland.........  ......            2
  Greater Cincinnati Airport     Erlanger, KY......       2  ...........
   (Boone County, KY).
  Lorraine.....................  Cleveland.........  ......            2
  Lunken Airport...............  Erlanger, KY......  ......            1
  Rickenbacker AFB.............  Cleveland.........  ......            6
  Rickenbacker AFB.............  Washington Court    ......            3
                                  House.
  Toledo.......................  ..................       2  ...........
  Toledo.......................  Cleveland.........  ......            5
  Toledo.......................  Romulus, MI.......  ......            4
  Undesignated ports...........  ..................  ......            3
Oklahoma:
  Altus AFB....................  Oklahoma City.....  ......            6
  Altus AFB....................  Elk City..........  ......            3
  Oklahoma City................  Tulsa.............  ......            6
  Port of Muskogee.............  Tulsa.............  ......            2
  Port Arrow...................  Tulsa.............  ......            1
  Port of Catoosa..............  Tulsa.............  ......            1
  Port of Rogers Terminal......  Tulsa.............  ......            1
  Port of Verdigris............  Tulsa.............  ......            1
  Tulsa........................  ..................       1  ...........
  Tulsa International Airport..  Oklahoma City.....  ......            6
  Tulsa International Airport..  Tulsa.............       1  ...........
  Tinker AFB, Oklahoma City....  ..................       1  ...........
  Will Rogers World Airport,     ..................       1  ...........
   Oklahoma City.
  Undesignated ports...........  Oklahoma City.....  ......            3
  Undesignated ports...........  ..................  ......            3
Oregon:
  Astoria......................  Portland..........  ......            5
  Portland.....................  ..................       2  ...........
  The Dalles...................  Ellensburg, WA....  ......            6
  Undesignated ports...........  ..................  ......            3
Pennsylvania:
  Allentown-Bethlehem Easton     Carlisle..........  ......            5
   Airport.

[[Page 456]]

 
  Allentown-Bethlehem..........  Dallas............  ......            5
  Chester......................  Philadelphia......  ......            3
  Chester......................  Wilmington, DE....  ......            1
  Easton Airport...............  Gap...............  ......            5
  Erie.........................  Buffalo, NY, or     ......            4
                                  Cleveland, OH.
  Erie.........................  Meadville.........  ......            3
  Erie.........................  Mercer............  ......            4
  Erie.........................  Pittsburgh........  ......            6
  Greater Pittsburgh             Cleveland, OH.....  ......            6
   International Airport.
  Greater Pittsburgh             Meadville.........  ......            5
   International Airport.
  Greater Pittsburgh             Mercer............  ......            4
   International Airport.
  Greater Pittsburgh             Pittsburgh........       3  ...........
   International Airport.
  Harrisburg International       Carlisle..........  ......            2
   Airport.
  Harrisburg International       Dallas............  ......            6
   Airport.
  Harrisburg International       Gap...............  ......            4
   Airport.
  Harrisburg International       Philadelphia......  ......            5
   Airport.
  Harrisburg International       Williamsport......  ......            6
   Airport.
  Lehigh Valley International    Gap...............  ......            4
   Airport, Allentown.
  Lehigh Valley International    Sweet Valley......  ......            4
   Airport, Allentown.
  Marcus Hook..................  Philadelphia......  ......            3
  Marcus Hook..................  Wilmington, DE....  ......            1
  Philadelphia.................  ..................       3  ...........
  Philadelphia.................  Bridgeton.........  ......            3
  Philadelphia.................  McGuire Air Force   ......            3
                                  Base.
  Philadelphia.................  Trenton...........  ......            3
  Philadelphia.................  Wilmington, DE....  ......            3
  Tullytown....................  Philadelphia......  ......            3
  Wilkes-Barre/Scranton          Dallas............  ......            2
   International Airport.
  Wilkes-Barre/Scranton Airport  Williamsport......  ......            6
  Willow Grove NAS.............  Philadelphia......  ......            3
  Undesignated ports...........  Dallas or Gap.....  ......            3
Puerto Rico:
  Aguadilla....................  Mayaguez..........  ......            2
  Aguirre......................  Ponce.............  ......            3
  Arecibo......................  San Juan..........  ......            3
  Borinquen Field..............  Mayaguez..........  ......            2
  Fajardo......................  Roosevelt Road....  ......            1
  Fajardo......................  San Juan..........  ......            3
  Guanica......................  Mayaguez..........  ......            2
  Guanica......................  Ponce.............  ......            2
  Guayama......................  Ponce.............  ......            3
  Guayanilla...................  Ponce.............  ......            2
  Humacao and Yabucoa..........  San Juan..........  ......            4
  Mayaguez (including points     San Juan..........  ......            5
   from Ramey to Cabo Rojo).
  Mayaguez and El Mani Airport.  ..................       1  ...........
  Ponce (including all subports  San Juan..........  ......            4
   in the Ponce customs
   district).
  Ponce and Mercedita Airport..  ..................       1  ...........
  Roosevelt Roads..............  ..................       1  ...........
  San Juan.....................  ..................       2  ...........
  Tallaboa (Penuelas)..........  Ponce.............  ......            2
  Yabucoa......................  Roosevelt Roads...  ......            3
  Undesignated ports...........  ..................  ......            3
Rhode Island:
  Davisville NSD...............  Boston, MA........  ......            4
  Davisville NSD...............  Warwick...........  ......            2
  Melville.....................  Warwick...........  ......            3
  Newport......................  Boston, MA........  ......            5
  Newport......................  Warwick...........  ......            4
  Portsmouth...................  Warwick...........  ......            3
  Providence...................  Boston, MA........  ......            4
  Providence...................  Warwick...........  ......            2
  Quonset Point................  Boston, MA........  ......            4
  Quonset Point................  Warwick...........  ......            2
  Saunderstown.................  Warwick...........  ......            3
  Tiverton.....................  Warwick...........  ......            3
  Warwick......................  ..................       2  ...........
  Warwick......................  Groton, CT........  ......            4
  Undesignated ports...........  ..................  ......            3

[[Page 457]]

 
South Carolina:
  Beaufort-Port Royal..........  Charleston........  ......            4
  Beaufort-Port Royal..........  Savannah..........  ......            3
  Beaufort-Port Royal..........  Yamassee..........  ......            3
  Charleston...................  ..................       2  ...........
  Columbia.....................  Charleston........  ......            4
  Columbia.....................  ..................       1  ...........
  Georgetown...................  Charleston........  ......            3
  Greenville-Spartanburg.......  ..................       1  ...........
  McEntire NG Air Base.........  Columbia..........  ......            2
  McEntire NG Air Base,          Charleston........  ......            4
   Eastover.
  Myrtle Beach AFB.............  Charleston........  ......            4
  Myrtle Beach AFB.............  Conway............  ......            1
  Shaw AFB.....................  Columbia and        ......            2
                                  Florence.
  Shaw AFB, Sumter.............  Charleston........  ......            4
  Undesignated ports...........  ..................  ......            3
South Dakota:
  Ellsworth AFB................  Pierre............  ......            6
Tennessee:
  Knoxville....................  ..................       1  ...........
  Memphis......................  ..................       2  ...........
  Memphis......................  Jackson...........  ......            4
  Memphis International Airport  Batesville, MS....  ......       2\1/2\
  Millington...................  Jackson...........  ......            4
  Millington...................  Memphis...........  ......            2
  Nashville....................  ..................       2  ...........
  Nashville....................  Jackson...........  ......            6
  Undesignated ports...........  ..................  ......            3
Texas:
  Aransas Pass.................  Corpus Christi....  ......       2\1/2\
  Barbour's Cut................  Houston...........       2  ...........
  Bayport......................  Houston...........       2  ...........
  Baytown......................  Houston...........       2  ...........
  Beaumont.....................  Port Arthur.......  ......            2
  Beaumont.....................  Lake Charles......  ......            3
  Brownsville..................  ..................       1  ...........
  Brownsville..................  Pharr.............  ......            3
  Carswell Field, Fort Worth...  Dallas-Fort Worth   ......            3
                                  Regional Airport.
  Columbia.....................  Laredo............  ......            2
  Corpus Christi...............  Corpus Christi....       2  ...........
  Corpus Christi NAS...........  Corpus Christi....  ......            2
  Dallas.......................  ..................       1  ...........
  Dallas (including Love Field)  Dallas-Fort Worth   ......            1
                                  Regional Airport.
  Dallas-Fort Worth Regional     ..................       1  ...........
   Airport.
  Del Rio......................  ..................       1  ...........
  Del Rio......................  Eagle Pass........  ......            3
  Donna........................  Hidalgo...........  ......            2
  Dyess AFB....................  Abilene...........       1  ...........
  Eagle Pass...................  ..................       1  ...........
  El Paso......................  ..................       1  ...........
  Fabens.......................  El Paso...........  ......            2
  Falcon Heights...............  Roma..............  ......       1\1/2\
  Freeport.....................  Galveston or        ......            3
                                  Houston.
  Fort Hood....................  College Station...  ......            5
  Fort Hood....................  Waco..............  ......            3
  Galveston....................  ..................       1  ...........
  Galveston....................  Houston...........  ......            4
  Gregory......................  Corpus Christi....  ......            2
  Ingleside and Harbor Island    Corpus Christi....  ......            3
   (Port Aransas).
  Harlingen....................  ..................       1  ...........
  Harlingen....................  McAllen...........  ......            2
  Hidalgo......................  Brownsville.......  ......            3
  Houston (Including Houston     ..................       2  ...........
   Intercontinental Airport).
  Kelly AFB....................  San Antonio.......  ......            2
  La Feria.....................  Hidalgo...........  ......            2
  Laredo.......................  ..................       1  ...........
  Laughlin AFB.................  Del Rio...........  ......            1
  Meacham Field................  Dallas-Fort Worth   ......            2
                                  Regional Airport.
  Mercedes.....................  Hidalgo...........  ......            2

[[Page 458]]

 
  Orange.......................  Port Arthur.......  ......            2
  Pharr (Includes Hidalgo and    ..................  1\1/2\  ...........
   McAllen International
   Airport.
  Point Comfort................  ..................       1  ...........
  Point Comfort................  Victoria..........  ......            2
  Port Arthur..................  ..................       1  ...........
  Port Arthur..................  Lake Charles, LA..  ......            3
  Port Isabel..................  Brownsville.......  ......            2
  Presidio.....................  ..................       1  ...........
  Progreso.....................  ..................       1  ...........
  Progreso.....................  Brownsville or      ......            2
                                  Hidalgo.
  Progreso.....................  Harlingen.........  ......       1\1/2\
  Randolph AFB.................  San Antonio.......  ......            2
  Robert Grey Army Airfield....  College Station...  ......            5
  Robert Grey Army Airfield....  San Antonio.......  ......            6
  Robert Grey Army Airfield....  Waco..............  ......            3
  Rockport.....................  Corpus Christi....  ......            3
  Roma.........................  Brownsville.......  ......            5
  Roma.........................  Laredo............  ......            4
  Roma (Includes Rio Grande      ..................       1  ...........
   City).
  Roma.........................  Pharr.............  ......            3
  Sabine Pass..................  Port Arthur.......  ......            1
  San Antonio..................  ..................       1  ...........
  Texas City...................  Galveston.........  ......            1
  Weslaco......................  Hidalgo...........  ......            2
  Undesignated ports...........  ..................  ......            3
Utah:
  Salt Lake City International   ..................       2  ...........
   Airport.
  Hill Air Force Base, Ogden...  Salt Lake City....  ......            4
Vermont:
  Alburg.......................  Berlin............  ......            5
  Alburg.......................  Rouses Point, NY..       1  ...........
  Alburg.......................  St. Albans........  ......            2
  Battleboro...................  Berlin............  ......            5
  Battleboro...................  St. Albans........  ......            6
  Burlington...................  Montpelier........  ......            3
  Burlington...................  St. Albans........       1  ...........
  Derby Line...................  Berlin............  ......            5
  Derby Line...................  St. Albans........  ......            5
  Highgate Springs.............  Berlin............  ......            4
  Highgate Springs.............  St. Albans........  ......            2
  Montpelier...................  ..................       1  ...........
  Richford.....................  Berlin............  ......            5
  Richford.....................  St. Albans........  ......            3
St. Albans (including Highgate   Rouses Point, NY..  ......            3
 Springs and Morses Line).
  Undesignated ports...........  Montpelier........  ......            3
  Undesignated ports...........  Rouses Point, NY..  ......            3
  Undesignated ports...........  St. Albans........  ......            3
Virgin Islands:
  Alexander Hamilton Airport,    ..................       1  ...........
   St. Croix.
  Charlotte Amalie, St. Thomas.  ..................       1  ...........
  Christiansted, St. Croix.....  ..................       1  ...........
  Cruz Bay, St. John, USVI.....  St. Thomas, USVI..  ......            3
  Frederiksted, St. Croix......  ..................       1  ...........
  Undesignated ports...........  ..................  ......            3
Virginia:
  Alexandria or Arlington......  Andrews AFB, MD...       2  ...........
  Alexandria or Arlington......  Dulles              2\1/2\  ...........
                                  International
                                  Airport.
  Alexandria or Arlington......  Beltsville, MD....       2  ...........
  Dulles International Airport.  ..................       2  ...........
  Dulles International Airport.  Baltimore, MD.....  ......            3
  Dulles International Airport.  Beltsville, MD....  2\1/2\  ...........
  Dulles International Airport.  Fredericksburg....  ......            3
  Hopewell.....................  Norfolk...........  ......            5
  Norfolk Metropolitan Area      ..................       2  ...........
   (including Chesapeake,
   Hampton, Newport News,
   Portsmouth and Virginia
   Beach).
  Quantico MCAS................  Dulles              ......            3
                                  International
                                  Airport.
  Quantico MCAS................  Fredericksburg....  1\1/2\  ...........
  Richmond.....................  Norfolk...........  ......            5
  Undesignated ports...........  ..................  ......            3

[[Page 459]]

 
    (For other points in
     Virginia, see District of
     Columbia listing)
Washington:
  Aberdeen.....................  Seattle, maritime   ......            4
                                  port.
  Anacortes....................  Blaine............  ......            3
  Ault Field...................  Blaine............  ......            4
  Bangor NSO...................  Seattle, maritime   ......            4
                                  port.
  Bellingham...................  Blaine............  ......            2
  Blaine.......................  ..................       1  ...........
  Brewster.....................  Ellensberg........  ......            6
  Brewster.....................  Spokane...........  ......            6
  Brewster.....................  Wenatchee.........  ......            4
  Cherry Point.................  Blaine............  ......            1
  Edmonds......................  Seattle, maritime   ......            2
                                  port.
  Ellensburg...................  ..................       1  ...........
  Everett......................  Seattle, maritime   ......            3
                                  port.
  Ferndale.....................  Blaine............  ......            2
  Fort Lewis...................  Tacoma............  ......            2
  Grays Harbor.................  Seattle, maritime   ......            6
                                  port.
  Grays Harbor.................  Tacoma............  ......            4
  Hood River...................  Ellensburg........  ......            6
  Lynden.......................  Blaine............  ......            2
  McChord AFB..................  Seattle, maritime   ......            3
                                  port.
  McChord AFB..................  Tacoma............  ......            2
  Moses Lake...................  Ellensburg........  ......            3
  Moses Lake...................  Wenatchee.........  ......            3
  Olympia......................  Seattle, maritime   ......            3
                                  port.
  Olympia......................  Tacoma............  ......            2
  Oroville.....................  ..................       1  ...........
  Paine Field..................  Seattle, maritime   ......            3
                                  port.
  Pasco........................  Ellensburg........  ......            5
  Pasco........................  Spokane...........  ......            6
  Pasco........................  Wenatchee.........  ......            6
  Point Wells..................  Seattle, maritime   ......            2
                                  port.
  Port Angeles.................  Seattle, maritime   ......            6
                                  port.
  Port Angeles.................  Tacoma............  ......            6
  Port Townsend................  Seattle, maritime   ......            4
                                  port.
  Sawyer.......................  Ellensburg........  ......            3
  Sawyer.......................  Wenatchee.........  ......            5
  SEA TAC Airport..............  ..................       2  ...........
  Seattle, maritime port.......  ..................       2  ...........
  Sumas........................  Blaine............  ......            2
  Tacoma.......................  ..................       2  ...........
  Wenatchee....................  ..................       1  ...........
  Wenatchee....................  Ellensburg........  ......            4
  Wenatchee....................  Spokane...........  ......            6
  Yakima.......................  ..................       1  ...........
  Yakima.......................  Ellensburg........  ......            3
  Yakima.......................  Wenatchee.........  ......            6
West Virginia:
  Kanawha Airport..............  Charleston........       1  ...........
  Kanawha Airport..............  Clarksburg........  ......            6
Wisconsin:
  Green Bay....................  Milwaukee.........  ......            4
  Kenosha......................  Milwaukee.........  ......            2
  Madison......................  Milwaukee.........  ......            4
  Milwaukee....................  ..................       1
  Milwaukee....................  Madison...........  ......       4\1/2\
  Milwaukee....................  O'Hare              ......            5
                                  International
                                  Airport, Chicago,
                                  IL.
  Racine.......................  Milwaukee.........  ......            2
  Superior.....................  Duluth, MN........       1  ...........
  Undesignated ports...........  Duluth, MN or       ......            3
                                  Milwaukee.
Wyoming:
  Cheyanne.....................  ..................       1
Temporary detail:
  Any inspection point to which  ..................       1  ...........
   an employee may be
   temporarily detailed.
------------------------------------------------------------------------


[[Page 460]]


[49 FR 32332, Aug. 14, 1984]

    Editorial Note: For Federal Register citations affecting Sec. 354.2, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 354.3  User fees for certain international services.

    (a) Definitions. Whenever in this section the following terms are 
used, unless the context otherwise requires, they shall be construed, 
respectively, to mean:
    APHIS. The Animal and Plant Health Inspection Service of the United 
States Department of Agriculture.
    Arrival. Arrival at a port of entry in the customs territory of the 
United States, or at any place served by a port of entry as specified in 
19 CFR 101.3.
    Calendar year. The period from January 1 to December 31, inclusive, 
of any particular year.
    Commercial aircraft. Any aircraft used to transport persons or 
property for compensation or hire.
    Commercial purpose. The intention of receiving compensation, or 
making a gain or profit.
    Commercial railroad car. A railroad car used or capable of being 
used for transporting property for compensation or hire.
    Commercial shipment. A shipment for gain or profit.
    Commercial truck. A self-propelled vehicle, designed and used for 
transporting property for compensation or hire. Empty trucks and truck 
cabs without trailers fitting this description are included.
    Commercial vessel. Any watercraft or other contrivance used or 
capable of being used as a means of transportation on water to transport 
property for compensation or hire, with the exception of any aircraft or 
ferry.
    Customs. The United States Customs Service, United States Department 
of the Treasury.
    Customs territory of the United States. The 50 States, the District 
of Columbia, and Puerto Rico.
    Designated State or county inspector. A State or county plant 
regulatory official designated by the Secretary of Agriculture to 
inspect and certify to shippers and other interested parties, as to the 
phytosanitary condition of plant products inspected under the Plant 
Protection Act.
    Export certificate for processed plant products. A certificate (PPQ 
Form 578) issued by an inspector, describing the plant health condition 
of processed or manufactured plant products based on inspection of 
submitted samples and/or by virtue of the processing received.
    Person. An individual, corporation, partnership, trust, association, 
or any other public or private entity, or any officer, employee, or 
agent thereof.
    Phytosanitary certificate. A certificate (PPQ Form 577) issued by an 
inspector, giving the phytosanitary condition of domestic plants or 
unprocessed or unmanufactured plant products based on inspection of the 
entire lot or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    Phytosanitary certificate for reexport. A certificate (PPQ Form 579) 
issued by an inspector, giving the phytosanitary condition of foreign 
plants and plant products legally imported into the United States and 
subsequently offered for reexport. The certificate certifies that, based 
on the original foreign phytosanitary certificate and/or additional 
inspection or treatment in the United States, the plants and plant 
products are considered to conform to the current phytosanitary 
regulations of the receiving country and have not been subjected to the 
risk of infestation or infection during storage in the United States. 
Plants and plant products which transit the United States under Customs 
bond are not eligible to receive the phytosanitary certificate for 
reexport.
    (b) Fee for inspection of commercial vessels of 100 net tons or 
more. (1) Except as provided in paragraph (b)(2) of this section, the 
master, licensed deck officer, or purser of any commercial vessel which 
is subject to inspection under part 330 of this chapter or 9 CFR chapter 
I, subchapter D, and which is either required to make entry at the 
customs house under 19 CFR 4.3 or is a United States-flag vessel 
proceeding coastwise under 19 CFR 4.85, shall, upon arrival, proceed to 
Customs and pay an APHIS user fee. The APHIS user fee for each arrival, 
not to exceed 15 payments in a

[[Page 461]]

calendar year, is shown in the following table. The APHIS user fee shall 
be collected at each port of arrival.

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................     465.50
October 1, 2000 through September 30, 2001...................     474.50
October 1, 2001..............................................     480.50
------------------------------------------------------------------------

    (2) The following categories of commercial vessels are exempt from 
paying an APHIS user fee:
    (i) Foreign passenger vessels making at least three trips a week 
from a port in the United States to the high seas (including ``cruises 
to nowhere'') and returning to the same port in the United States, not 
having touched any foreign port or place other than in Canada, or taken 
on any stores other than in Canada;
    (ii) Any vessel which, at the time of arrival, is being used solely 
as a tugboat;
    (iii) Vessels used exclusively in the governmental service of the 
United States or a foreign government, including any agency or political 
subdivision of the United States or a foreign government, so long as the 
vessel is not carrying persons or merchandise for commercial purposes;
    (iv) Vessels arriving in distress or to take on bunkers, sea stores, 
or ship's stores;
    (v) Tugboats towing vessels on the Great Lakes; and
    (vi) Any vessel which sails only between United States and Canadian 
ports, when the Master of such vessel arriving from Canada certifies, in 
the ``Remarks'' block of the General Declaration, Customs Form 1301, 
that the vessel has sailed solely between the United States and Canada 
for the previous 2 years.
    (c) Fee for inspection of commercial trucks. (1) Except as provided 
in paragraph (c)(2) of this section, the driver or other person in 
charge of a commercial truck which is entering the customs territory of 
the United States and which is subject to inspection under part 330 of 
this chapter or under 9 CFR, chapter I, subchapter D, must, upon 
arrival, proceed to Customs and pay an APHIS user fee for each arrival, 
as shown in the following table:

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       4.25
October 1, 2000 through September 30, 2001...................       4.50
October 1, 2001..............................................       4.75
------------------------------------------------------------------------

    (2) The following categories of commercial trucks are exempt from 
paying an APHIS user fee:
    (i) Trucks entering the customs territory of the United States from 
Canada.
    (ii) [Reserved]
    (3) Prepayment.
    (i) The owner or operator of a commercial truck, if entering the 
customs territory of the United States from Mexico and applying for a 
prepaid Customs permit for a calendar year, must apply for a prepaid 
APHIS permit for the same calendar year. Applicants must apply to 
Customs for prepaid APHIS permits.\1\ The following information must be 
provided, together with payment of an amount 20 times the APHIS user fee 
for each arrival:
---------------------------------------------------------------------------

    \1\ Applicants should refer to Customs Service regulations (19 CFR 
part 24) for specific instructions.
---------------------------------------------------------------------------

    (A) Vehicle make, model, and model year.
    (B) Vehicle Identification Number (VIN).
    (C) License numbers issued by state, province, or country.
    (D) Owner's name and address.
    (ii) No credit toward the prepaid APHIS permit will be given for 
user fees paid for individual arrivals.
    (d) Fee for inspection of commercial railroad cars. (1) Except as 
provided in paragraph (d)(2) of this section, an APHIS user fee will be 
charged for each loaded commercial railroad car which is subject to 
inspection under part 330 of this chapter or under 9 CFR chapter I, 
subchapter D, upon each arrival. The railroad company receiving a 
commercial railroad car in interchange at a port of entry or, barring 
interchange, the railroad company moving a commercial railroad car in 
line haul service into the customs territory of the United States, is 
responsible for paying the APHIS user fee. The APHIS user fee for each 
arrival of a loaded railroad car is shown in the following table. If the 
APHIS user fee is prepaid for all arrivals of a commercial railroad car 
during a calendar year, the APHIS user fee

[[Page 462]]

is an amount 20 times the APHIS user fee for each arrival.

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       6.75
October 1, 2000 through September 30, 2001...................       7.00
October 1, 2001..............................................       7.00
------------------------------------------------------------------------

    (2) The following categories of commercial railroad cars are exempt 
from paying an APHIS user fee:
    (i) Commercial railroad cars entering the customs territory of the 
United States from Canada;
    (ii) Any commercial railroad car that is part of a train whose 
journey originates and terminates in the United States, if--
    (A) The commercial railroad car is part of the train when the train 
departs the United States; and
    (B) No passengers board or disembark from the commercial railroad 
car, and no cargo is loaded or unloaded from the commercial railroad 
car, while the train is within any country other than the United States; 
and
    (iii) Locomotives and cabooses.
    (3) Prepayment.
    (i) Railroad companies may, at their option, prepay the APHIS user 
fee for each commercial railroad car for a calendar year. This payment 
must be remitted in accordance with paragraph (d)(5) of this section.
    (ii) No credit toward the calendar year APHIS user fee will be given 
for APHIS user fees paid for individual arrivals.
    (4) Remittance and statement procedures. The Association of American 
Railroads (AAR), and the National Railroad Passenger Corporation 
(AMTRAK), shall file monthly statements with the United States 
Department of Agriculture, National Finance Center, Billings and 
Collections Branch, P.O. Box 60950, New Orleans, LA 70160, within 60 
days after the end of each calendar month. Each statement shall 
indicate:
    (i) The number of loaded commercial railroad cars entering the 
customs territory of the United States from Mexico during the relevant 
period;
    (ii) The number of those commercial railroad cars pulled by each 
railroad company; and
    (iii) The total monthly APHIS user fee due from each railroad 
company.
    (5) Individual railroad companies shall remit the APHIS user fees 
calculated by AAR, and AMTRAK shall remit the APHIS user fees it has 
calculated, within 60 days after the end of each calendar month in which 
commercial railroad cars entered the customs territory of the United 
States. APHIS user fees, together with monthly statements, must be 
remitted to the United States Department of Agriculture, National 
Finance Center, APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 
60673.
    (6) Compliance. AAR, AMTRAK, and each railroad company responsible 
for making APHIS user fee payments must allow APHIS personnel to verify 
the accuracy of APHIS user fees collected and remitted and otherwise 
determine compliance with 21 U.S.C. 136a and this paragraph. The AAR, 
AMTRAK, and each railroad company responsible for making APHIS user fee 
payments must advise the United States Department of Agriculture, 
National Finance Center, Billings and Collections Branch, P.O. Box 
60950, New Orleans, LA 70160, of the name, address, and telephone number 
of a responsible officer who is authorized to verify APHIS user fee 
calculations, collections, and remittances. The United States Department 
of Agriculture, National Finance Center, Billings and Collections 
Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified 
of any changes in the identifying information submitted.
    (e) Fee for inspection of commercial aircraft. (1) Except as 
provided in paragraph (e)(2) of this section, an APHIS user fee will be 
charged for each commercial aircraft which is arriving, or which has 
arrived and is proceeding from one United States airport to another 
under a United States Customs Service ``Permit to Proceed,'' as 
specified in title 19, Code of Federal Regulations, Secs. 122.81 through 
122.85, or an ``Agricultural Clearance or Safeguard Order'' (PPQ Form 
250), used pursuant to title 7, Code of Federal Regulations, 
Sec. 330.400 and title 9, Code of Federal Regulations, Sec. 94.5, and 
which is subject to inspection under part 330 of this chapter or 9 CFR 
chapter I, subchapter D. Each carrier is responsible for paying the 
APHIS user fee. The APHIS

[[Page 463]]

user fee for each arrival is shown in the following table:

------------------------------------------------------------------------
                       Effective dates                           Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................      64.00
October 1, 2000 through September 30, 2001...................      64.75
October 1, 2001..............................................      65.25
------------------------------------------------------------------------

    (2) The following categories of commercial aircraft are exempt from 
paying an APHIS user fee:
    (i) Any aircraft moving solely between the United States and Canada;
    (ii) Any aircraft used exclusively in the governmental services of 
the United States or a foreign government, including any Agency or 
political subdivision of the United States or a foreign government, so 
long as the aircraft is not carrying persons or merchandise for 
commercial purposes;
    (iii) Any aircraft making an emergency or forced landing when the 
original destination of the aircraft was a foreign port;
    (iv) Any passenger aircraft with 64 or fewer seats, which is not 
carrying the following cargo: Fresh fruits, fresh vegetables, plants, 
unprocessed plant products, cotton or covers, sugarcane, or fresh or 
processed meats; and which does not offer meal service other than 
beverages and prepackaged snacks that do not contain meats derived from 
ruminants, swine, or poultry or fresh fruits and fresh vegetables. 
Aircraft exempt from the user fee under this paragraph would still be 
subject to the garbage handling requirements found in 7 CFR part 330.400 
and 9 CFR part 94.5;
    (v) Any aircraft moving from the United States Virgin Islands to 
Puerto Rico; and
    (vi) Any aircraft making an intransit stop at a port of entry, 
during which the aircraft does not proceed through any portion of the 
Federal clearance process, such as inspection or clearance by APHIS, by 
the United States Customs Service, or by the Immigration and 
Naturalization Service, no cargo is removed from or placed on the 
aircraft, no passengers get on or off the aircraft, no crew members get 
on or off the aircraft, no food is placed on the aircraft, and no 
garbage is removed from the aircraft.
    (3) Remittance and statement procedures. (i) Each carrier must remit 
the appropriate fees to the United States Department of Agriculture, 
National Finance Center, APHIS User Fee Collections, P.O. Box 73562, 
Chicago, IL 60673, for receipt no later than 31 days after the close of 
the calendar quarter in which the vessel arrivals occurred. Late 
payments will be subject to interest, penalty, and handling charges as 
provided in the Debt Collection Act of 1982 (31 U.S.C. 3717).
    (ii) The remitter must mail with the remittance a written statement 
to the United States Department of Agriculture, National Finance Center, 
APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The 
statement must include the following information:
    (A) Name and address of the person remitting payment;
    (B) Taxpayer identification number of the person remitting payment;
    (C) Calendar quarter covered by the payment;
    (D) Ports of entry at which inspections occurred;
    (E) Number of arrivals at each port; and
    (F) Amount remitted.
    (iii) Remittances must be made by check or money order, payable in 
United States dollars, through a United States bank, to ``The Animal and 
Plant Health Inspection Service.''
    (4) Compliance. Each carrier subject to this section must allow 
APHIS personnel to verify the accuracy of the APHIS user fees remitted 
and to otherwise determine compliance with 21 U.S.C. 136a and this 
paragraph. Each carrier must advise the United States Department of 
Agriculture, National Finance Center, Billings and Collections Branch, 
P.O. Box 60950, New Orleans, LA 70160, of the name, address, and 
telephone number of a responsible officer who is authorized to verify 
APHIS user fee calculations and remittances. The United States 
Department of Agriculture, National Finance Center, Billings and 
Collections Branch, P.O. Box 60950, New Orleans, LA 70160, must be 
promptly notified of any changes in the identifying information 
submitted.
    (5) Limitations on charges. (i) Airlines will not be charged 
reimbursable overtime for inspection of aircraft if the aircraft is 
subject to the APHIS user

[[Page 464]]

fee for arriving aircraft as prescribed by this section.
    (ii) Airlines will not be charged reimbursable overtime for 
inspection of cargo from an aircraft if:
    (A) the aircraft is subject to the APHIS user fee for arriving 
aircraft as prescribed by this section; and
    (B) the cargo is inspected between 8 a.m. and 4:30 p.m., Monday 
through Friday; or
    (C) the cargo is inspected concurrently with the aircraft.
    (f) Fee for inspection of international passengers. (1) Except as 
specified in paragraph (f)(2) of this section, each passenger aboard a 
commercial aircraft who is subject to inspection under part 330 of this 
chapter or 9 CFR, chapter I, subchapter D, upon arrival from a place 
outside of the customs territory of the United States, must pay an APHIS 
user fee. The APHIS user fee for each arrival is shown in the following 
table:

------------------------------------------------------------------------
                     Effective dates \1\                         Amount
------------------------------------------------------------------------
January 1, 2000 through September 30, 2000...................       3.00
October 1, 2000 through September 30, 2001...................       3.00
October 1, 2001..............................................      3.10
------------------------------------------------------------------------
\1\ Persons who issue international airline tickets or travel documents
  are responsible for collecting the APHIS international airline
  passenger user fee from ticket purchasers. Issuers must collect the
  fee applicable at the time tickets are sold. In the event that ticket
  sellers do not collect the APHIS user fee when tickets are sold, the
  air carrier must collect the user fee from the passenger upon
  departure. Carriers must collect the fee applicable at the time of
  departure from the traveler.

    (2) The following categories of passengers are exempt from paying an 
APHIS user fee:
    (i) Passengers arriving from Canada whose journey originates in 
Canada;
    (ii) Crew members who are on duty on a commercial aircraft;
    (iii) Airline employees, including ``deadheading'' crew members, who 
are traveling on official airline business;
    (iv) Diplomats, except for United States diplomats, who can show 
that their names appear on the accreditation listing maintained by the 
United States Department of State. In lieu of the accreditation listing 
an individual diplomat may present appropriate proof of diplomatic 
status to include possession of a diplomatic passport or visa, or 
diplomatic identification card issued by a foreign government;
    (v) Passengers departing and returning to the United States without 
having touched a foreign port or place other than Canada;
    (vi) Passengers arriving on any commercial aircraft used exclusively 
in the governmental service of the United States or a foreign 
government, including any agency or political subdivision of the United 
States or a foreign government, so long as the aircraft is not carrying 
persons or merchandise for commercial purposes. Passengers on commercial 
aircraft under contract to the United States Department of Defense (DOD) 
are exempted if they have been precleared abroad under the joint DOD/
APHIS Military Inspection Program;
    (vii) Passengers arriving on an aircraft due to an emergency or 
forced landing when the original destination of the aircraft was a 
foreign port; and
    (viii) Passengers transiting the United States and not subject to 
inspection.
    (ix) Passengers moving from the United States Virgin Islands to 
Puerto Rico.
    (3) APHIS user fees shall be collected under the following 
circumstances:
    (i) When through tickets or travel documents are issued indicating 
travel to the customs territory of the United States which originates in 
any location other than Canada;
    (ii) When through tickets or travel documents are issued in Canada 
indicating an arrival in the customs territory of the United States 
following a stopover (layover) in a location other than Canada; and
    (iii) When passengers arrive in the customs territory of the United 
States in transit from a location other than Canada and are inspected by 
APHIS.
    (4) Collection of fees. (i) Any person who issues tickets or travel 
documents on or after May 13, 1991, is responsible for collecting the 
APHIS user fee from all passengers transported into the customs 
territory of the United States to whom the APHIS user fee applies.
    (A) Tickets or travel documents must be marked by the person who 
collects the APHIS user fee to indicate that the required APHIS user fee 
has been collected from the passenger.
    (B) If the APHIS user fee applies to a passenger departing from the 
United States and if the passenger's tickets or

[[Page 465]]

travel documents were issued on or after May 13, 1991, but do not 
reflect collection of the APHIS user fee at the time of issuance, then 
the carrier transporting the passenger from the United States must 
collect the APHIS user fee upon departure.
    (C) APHIS user fees collected from international passengers pursuant 
to paragraph (f) of this section shall be held in trust for the United 
States by the person collecting such fees, by any person holding such 
fees, or by the person who is ultimately responsible for remittance of 
such fees to APHIS. APHIS user fees collected from international 
passengers shall be accounted for separately and shall be regarded as 
trust funds held by the person possessing such fees as agents, for the 
beneficial interest of the United States. All such user fees held by any 
person shall be property in which the person holds only a possessory 
interest and not an equitable interest. As compensation for collecting, 
handling, and remitting the APHIS user fees for international 
passengers, the person holding such user fees shall be entitled to any 
interest or other investment return earned on the user fees between the 
time of collection and the time the user fees are due to be remitted to 
APHIS under this section. Nothing in this section shall affect APHIS' 
right to collect interest for late remittance.
    (5) Remittance and statement procedures. (i) The carrier whose 
ticket stock or travel document reflects collection of the APHIS user 
fee must remit the fee to the United States Department of Agriculture, 
National Finance Center, APHIS User Fee Collections, P. O. Box 73562 
Chicago, IL 60673. The travel agent, United States-based tour 
wholesaler, or other entity, which issues its own non-carrier related 
ticket or travel document to a passenger who is subject to an APHIS user 
fee under this part, must remit the fee to APHIS, unless by contract the 
carrier will remit the fee.
    (ii) APHIS user fees must be remitted to the United States 
Department of Agriculture, National Finance Center, APHIS User Fee 
Collections P. O. Box 73562 Chicago, IL 60673, for receipt no later than 
31 days after the close of the calendar quarter in which the APHIS user 
fees were collected. Late payments will be subject to interest, penalty, 
and handling charges as provided in the Debt Collection Act of 1982 (31 
U.S.C. 3717). Refunds by a remitter of APHIS user fees collected in 
conjunction with unused tickets or travel documents shall be netted 
against the next subsequent remittance.
    (iii) The remitter must mail with the remittance a written statement 
to the United States Department of Agriculture, National Finance Center, 
APHIS User Fee Collections, P.O. Box 73562, Chicago, IL 60673. The 
statement must include the following information:
    (A) Name and address of the person remitting payment;
    (B) Taxpayer identification number of the person remitting payment;
    (C) Calendar quarter covered by the payment; and
    (D) Amount collected and remitted.
    (iv) Remittances must be made by check or money order, payable in 
United States dollars, through a United States bank, to ``The Animal and 
Plant Health Inspection Service.''
    (6) Carriers contracting with United States-based tour wholesalers 
are responsible for notifying the United States Department of 
Agriculture, National Finance Center, Billings and Collections Branch, 
P.O. Box 60950, New Orleans, LA 70160, of all flights contracted, the 
number of spaces contracted for, and the name, address, and taxpayer 
identification number of the United States-based tour wholesaler, within 
31 days after the close of the calendar quarter in which such a flight 
occurred; except that, carriers are not required to make notification if 
tickets, marked to show collection of the APHIS user fee, are issued for 
the individual contracted spaces.
    (7) Compliance. Each carrier, travel agent, United States-based tour 
wholesaler, or other entity, subject to this section, must allow APHIS 
personnel to verify the accuracy of the APHIS user fees collected and 
remitted and to otherwise determine compliance with the 21 U.S.C. 136a 
and this paragraph. Each carrier, travel agent, United States-based tour 
wholesaler, or other entity must advise the United States Department of 
Agriculture, National

[[Page 466]]

Finance Center, Billings and Collections Branch, P.O. Box 60950, New 
Orleans, LA 70160, of the name, address, and telephone number of a 
responsible officer who is authorized to verify APHIS user fee 
calculations, collections, and remittances. The United States Department 
of Agriculture, National Finance Center, Billings and Collections 
Branch, P.O. Box 60950, New Orleans, LA 70160, must be promptly notified 
of any changes in the identifying information submitted.
    (8) Limitation on charges. Airlines will not be charged reimbursable 
overtime for passenger inspection services required for any aircraft on 
which a passenger arrived who has paid the airline passenger APHIS user 
fee for that flight.
    (g) Fees for export certification of plants and plant products. (1) 
For each certificate issued by APHIS personnel, the recipient must pay 
the applicable APHIS user fee at the time and place the certificate is 
issued, or, in the case of a block of certificates, at the time the 
certificates are given to the shipper.
    (2) There is no APHIS user fee for a certificate issued by a 
designated State or county inspector.
    (3) If a designated State inspector issues a certificate, the State 
where the certificate is issued may charge for inspection services 
provided in that State.
    (4) Any State which wishes to charge a fee for services it provides 
to issue certificates must establish fees in accordance with one of the 
following guidelines:
    (i) Calculation of a ``cost-per-certificate'' fee. The State must:
    (A) Estimate the annual number of certificates to be issued;
    (B) Determine the total cost of issuing certificates by adding 
together delivery, \2\ support, \3\ and administrative \4\ costs; and
---------------------------------------------------------------------------

    \2\ Delivery costs are costs such as employee salary and benefits, 
transportation, per diem, travel, purchase of specialized equipment, and 
user fee costs associated with maintaining field offices. Delivery hours 
are similar hours taken by inspectors, including travel time, inspection 
time, and time taken to complete paperwork.
    \3\ Support costs are costs at supervisory levels which are similar 
to delivery costs, and user fee costs such as training, automated data 
processing, public affairs, enforcement, legal services, communications, 
postage, budget and accounting services, and payroll, purchasing, 
billing, and collecting services. Support hours are similar hours taken 
at supervisory levels, as well as hours taken in training, automated 
data processing, enforcement, legal services, communication, budgeting 
and accounting, payroll purchasing, billing, and collecting.
    \4\ Administrative costs are costs incurred as a direct result of 
collecting and monitoring Federal phytosanitary certificates. 
Administrative hours are hours taken as a direct result of collecting 
and monitoring Federal phytosanitary certificates.
---------------------------------------------------------------------------

    (C) Divide the cost of issuing certificates by the estimated number 
of certificates to be issued to obtain a ``raw'' fee. The State may 
round the ``raw'' fee up to the nearest quarter, if necessary for ease 
of calculation, collection, or billing; or
    (ii) Calculation of a ``cost-per-hour'' fee. The State must:
    (A) Estimate the annual number of hours taken to issue certificates 
by adding together delivery \2\, support \3\, and administrative \4\ 
hours;
    (B) Determine the total cost of issuing certificates by adding 
together delivery, support, and administrative costs; and
    (C) Divide the cost of issuing certificates by the estimated number 
of hours taken to issue certificates to obtain a ``cost-per-hour'' fee. 
The State may round the ``cost-per-hour'' fee up to the nearest quarter, 
if necessary for ease of calculation, collection, or billing.
    (5) The APHIS user fees are:

[[Page 467]]

    (i)(A) $50 for a certificate for a commercial shipment; or
    (B) $23 for a certificate for a low-value commercial shipment, if 
the following criteria are met:
    (1) the items being shipped are identical to those identified on the 
phytosanitary certificate;
    (2) the shipment is accompanied by an invoice which states that the 
items being shipped are worth less than $1,250; and
    (3) the shipper requests that user fee charged be based on the low 
value of the shipment;
    (ii) $23 for a certificate for a noncommercial shipment;
    (iii)(A) $50 for a certificate for reexport of a commercial 
shipment; or
    (B) $23 for a certificate for reexport of a low value commercial 
shipment, if the following criteria are met:
    (1) The items being shipped are identical to those identified on the 
phytosanitary certificate;
    (2) The shipment is accompanied by an invoice which states that the 
items being shipped are worth less than $1,250; and
    (3) The shipper requests that the user fee charged be based on the 
low value of the shipment;
    (iv) $50 for a processed product certificate for a commercial 
shipment;
    (v) $7 for reissuing any certificate or certificate for reexport; 
and
    (h) Refunds of APHIS user fees. (1) A shipper who pays for a block 
of certificates to cover commercial shipments may obtain a refund or a 
credit against future APHIS user fees under the following circumstances:
    (i) If a certificate from the block is voided;
    (ii) If a certificate from the block is returned unused;
    (iii) If the shipper pays for inspection outside of normal business 
hours (8 a.m. to 4:30 p.m.) under Sec. 354.1 of this part.
    (iv) If a certificate from the block is used for a noncommercial 
shipment; or
    (v) If a certificate from the block is used to reissue another 
certificate.
    (2) The amount of any refund or credit will be the amount 
overcharged, less $7 to cover APHIS administrative expenses.
    (i) Payment methods. For payment of any of the APHIS user fees 
required in paragraph (g) of this section, we will accept personal 
checks for amounts less than $100, and checks drawn on commercial 
accounts, cashier's checks, certified checks, traveler's checks, and 
money orders for any amount. All payments must be for the exact amount 
due.
    (j) The person for whom the service is provided and the person 
requesting the service are jointly and severally liable for payment of 
user fees for any import or entry services listed below, of $56.00 per 
hour, or $14.00 per quarter hour, with a minimum fee of $14.00, for each 
employee required to perform the following services. If the services 
must be conducted on a Sunday or holiday or at any other time outside 
the normal tour of duty of the employee, then the premium user fee rate 
as listed below applies, as well as the 2-hour minimum charge and a 
commuted traveltime period required by Sec. 354.1(a)(2). If the services 
requested are performed on a Sunday, the hourly user fee rate will be 
$74.00, or $18.50 per quarter hour, with a $18.50 minimum. If the 
services requested are performed on a day other than Sunday outside the 
normal tour of duty of the employee providing the service, the hourly 
user fee rate will be $65.00, or $16.25 per quarter hour, with a $16.25 
minimum:
    (1) Conducting inspections, on vessels or in storage areas, of solid 
wood packing material or cargo when a shipment arrives without a 
certificate or exporter statement required under Sec. 319.40-5(g) or 
Sec. 319.40-5(h) of this chapter, or with an incomplete certificate or 
exporter statement; and
    (2) Supervising the separation of cargo from solid wood packing 
material denied entry under this subpart

[[Page 468]]

and the destruction or reexportation of the solid wood packing material.

(Approved by the Office of Management and Budget under control numbers 
1515-0062, 0579-0094, or 0579-0052)

[56 FR 14844, Apr. 12, 1991, as amended at 57 FR 769, 770, Jan. 9, 1992; 
57 FR 62472, 62473, Dec. 31, 1992; 58 FR 14307, Mar. 17, 1993; 58 FR 
38270, July 16, 1993; 61 FR 2664, Jan. 29, 1996; 61 FR 15371, Apr. 8, 
1996; 62 FR 39754, July 24, 1997; 63 FR 50111, Sept. 18, 1998; 64 FR 
62096, Nov. 16, 1999; 66 FR 21060, Apr. 27, 2001; 67 FR 56218, Sept. 3, 
2002]



Sec. 354.4  User fees for certain domestic services.

    (a) Individual agreements for inspection services at ports of entry. 
(1) Operators and owners of vessels or aircraft, or their agents, may 
enter into agreements with APHIS to receive, at points of entry in the 
United States inspection services in addition to the regular or on-call 
services available in connection with such vessels or aircraft.
    (2) Agreements may be made to cover the following types of services;
    (i) Opening and operating a new inspection station at a port of 
entry; and
    (ii) Providing one-time or occasional inspection services at a 
location where APHIS does not normally provide such services.
    (3) Owners and operators of vessels or aircraft, or their agents, 
must contact the Regional Director, USDA, APHIS, Plant Protection and 
Quarantine,\5\ for the State where they want APHIS to provide services, 
to make an agreement.
---------------------------------------------------------------------------

    \5\ A list of the Regional Directors, USDA, APHIS, Plant Protection 
and Quarantine and the States for which they are responsible, may be 
obtained from the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Operational Support--Director's Office, 4700 
River Road, Unit 131, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (4) All agreements must include the following:
    (i) Name, mailing address, and telephone number of the operator or 
owner of the vessel or aircraft, or, if applicable, the operator's or 
owner's agent;
    (ii) Explanation of inspection services to be provided;
    (iii) Date(s) and time(s) inspection services will be provided;
    (iv) Location (street address, port of entry, berth, dock, gate, 
etc.) and if applicable, identity (identification number, name, etc.) of 
vessel or aircraft or other thing to be inspected;
    (v) An estimate of the actual cost, as calculated by APHIS, to 
provide the described inspection services for 6 months;
    (vi) A statement that APHIS agrees to provide the described 
inspection services;
    (vii) A statement that the owner or operator of the vessel or 
aircraft, or if appropriate, his or her agent, agrees to pay, at the 
time the agreement is entered into, a user fee equal to the estimated 
cost of providing the described inspection services for 6 months;
    (viii) A statement that APHIS will credit an amount equal to all 
user fees received for services provided at the location to the owner or 
operator's account, until the total amount of user fees credited to the 
account is equal to the amount of money paid into the account by the 
owner or operator of the vessel or aircraft, or if appropriate, his or 
her agent, at the time the agreement was entered into; and
    (ix) A statement that the owner or operator of the vessel or 
aircraft, or if appropriate, his or her agent, agrees to maintain a 
balance in the user fee payment account equal to the cost of providing 
the services described for 6 months, as calculated monthly by APHIS.
    (5) APHIS will enter into an agreement only if qualified personnel 
can be made available to provide the services to be provided.
    (6) An agreement can be terminated by either party on 30 days 
written notice.
    (7) If, at the time an agreement is terminated, any unobligated 
funds remain in the user fee account, APHIS will return them to the 
owner or operator, or his or her agent.

[57 FR 770, Jan. 9, 1992, as amended at 57 FR 14475, Apr. 21, 1992; 58 
FR 38269, July 16, 1993; 59 FR 67611, Dec. 30, 1994]



Sec. 354.5  Penalties for nonpayment or late payment of user fees.

    (a) If a person requesting a service for which an APHIS user fee is 
payable, is delinquent in paying any APHIS user

[[Page 469]]

fee due under either title 7 or title 9, Code of Federal Regulations, or 
is delinquent in paying the interest on any delinquent APHIS user fee, 
then APHIS will not provide the service requested.
    (b) If APHIS is in the process of providing a service for which an 
APHIS user fee is due, and the user has not paid the fee within the time 
required, or if the payment offered by the user is insufficient or not 
in compliance with the regulations in this part, then APHIS will take 
the following action:
    (1) If an APHIS user fee is due for a certificate or a certificate 
for reexport, APHIS will not issue the certificate.
    (2) If an APHIS user fee is past due by more than 30 days, APHIS 
will impose a late payment penalty and interest charges in accordance 
with 31 U.S.C. 3717.

[57 FR 771, Jan. 9, 1992]



PART 355--ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS--Table of Contents




                    Subpart--Purpose and Definitions

Sec.
355.1  Purpose.
355.2  Definitions.

                Subpart--Permission to Engage in Business

355.10  Permission to engage in business concerning nonlisted 
          terrestrial plants.
355.11  General permits.

               Subpart--Inspections and Related Provisions

355.20  Marking and notification requirements for plants imported, 
          exported, or reexported by means other than mail.
355.21  Marking and mailing requirements for plants imported, exported, 
          or reexported by mail.
355.22  Validation of documentation.
355.23  Recordkeeping, access, and reports.

    Authority: 16 U.S.C. 1532, 1538, and 1540; 7 CFR 2.22, 2.80, and 
371.3.

    Source: 49 FR 42912, Oct. 25, 1984, unless otherwise noted.



                    Subpart--Purpose and Definitions



Sec. 355.1  Purpose.

    Pursuant to the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.), the Secretary is responsible for the enforcement 
of the provisions of the Act and Convention that pertain to the 
importation, exportation, or reexportation of terrestrial plants.\1\ The 
regulations in this part are for the purpose of implementing this 
authority. Regulations of the U.S. Department of the Interior that 
correlate with the regulations in this part are contained in 50 CFR 
chapter I.\2\
---------------------------------------------------------------------------

    \1\ Under section 11 of the Act (16 U.S.C. 1540), it is unlawful for 
any person to knowingly violate any provision of the Act, any permit or 
certificate issued under the Act, or any regulation promulgated under 
the Act. Section 11 of the Act also provides for criminal, civil, and 
administrative penalties for any such violation.
    \2\ Plant Protection and Quarantine also administers programs under 
the Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 through 
3378), 7 U.S.C. 2814, and the Plant Protection Act (7 U.S.C. 7701-7772), 
which authorize additional prohibitions and restrictions on the 
importation of plants subject to this part (see other parts of 7 CFR 
chapter III for regulations containing prohibitions and restrictions 
under these authorities).

[66 FR 21060, Apr. 27, 2001]



Sec. 355.2  Definitions.

    Terms used in the singular form in this part shall be construed as 
the plural, and vice versa, as the case may demand. The following terms, 
when used in this part, shall be construed, respectively, to mean:
    Act. The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 
et seq.).
    Convention. The Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, TIAS 8249, 27 U.S.T. 1087, signed on 
March 3, 1973, and the Appendices thereto.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection 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.
    Engage in business as an importer, exporter, or reexporter of 
terrestrial plants. To import, export, or reexport terrestrial plants 
for the purpose of selling,

[[Page 470]]

bartering, collecting, or otherwise exchanging or acquiring the plants 
as a livelihood or enterprise engaged in for gain or profit. This term 
shall not include persons engaged in business merely as carriers or 
customhouse brokers.
    Export (exported, exporting, exportation). To carry, send, take, 
transport or otherwise remove, or to attempt to carry, send, take, 
transport or otherwise remove from any place subject to the jurisdiction 
of the United States.
    Import (imported, importing, importation). To land on, bring into, 
or introduce into, or attempt to land on, bring into, or introduce into, 
any place subject to the jurisdiction of the United States, whether or 
not such landing, bringing, or introduction constitutes an importation 
within the meaning of the customs laws of 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 Act and Convention, and regulations 
promulgated thereunder.
    Person. Any individual, corporation, partnership, trust, 
association, or any other private entity; or any officer, employee, 
agent, department, or instrumentality of the Federal Government, of any 
State or political subdivision thereof or of any foreign government.
    Plant. Any member of the plant kingdom, including seeds, roots and 
other parts thereof.
    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 
Act and Convention, and regulations promulgated thereunder.
    Reexport (reexported, reexportation). To export following 
importation.
    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.
    Terrestrial plants. Any plants (including epiphytic plants), except 
marine plants.
    Validation. An original stamp, signature, and date of inspection 
placed upon documentation required by 50 CFR part 17 or part 23 by an 
inspector at the port where the terrestrial plants are to be imported, 
exported or reexported.
    United States. Any of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the U.S. Virgin 
Islands, Guam, and the Trust Territory of the Pacific Islands.



                Subpart--Permission to Engage in Business



Sec. 355.10  Permission to engage in business concerning nonlisted terrestrial plants.

    The Secretary hereby grants permission for any person engaged in 
business as an importer, exporter, or reexporter of terrestrial plants, 
other than terrestrial plants listed in 50 CFR 17.12 or 23.23, to engage 
in such business without a general permit issued under Sec. 355.11.



Sec. 355.11  General permits.\3\
---------------------------------------------------------------------------

    \3\ This permit is named a ``general permit'' in order to avoid 
confusion with ``permits'' obtained under the Act from the U.S. 
Department of the Interior to accompany the importation, exportation, or 
reexportation of plants under U.S. Department of the Interior 
regulations. General permits are also so named to avoid confusion with 
permits obtained from Plant Protection and Quarantine for the 
importation of plants under the Plant Protection Act (7 U.S.C. 7701-
7772) and 7 U.S.C. 2801 note and 7 U.S.C. 2814.
---------------------------------------------------------------------------

    (a) On or after March 26, 1985 no person shall engage in business as 
an importer, exporter, or reexporter of any terrestrial plants listed in 
50 CFR 17.12 or 23.23 unless such person has obtained a general permit 
for engaging in such business from Plant Protection and Quarantine.
    (b) An application for a general permit shall be submitted to the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Port Operations, 4700 River Road, Unit 139, Riverdale, 
Maryland 20737-1236. The

[[Page 471]]

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, 4700 River Road, Unit 139, Riverdale, Maryland 20737-
1236, or from local offices at any of the ports designated in 50 CFR 
part 24. Telephone numbers and addresses of local offices are listed in 
telephone directories.
---------------------------------------------------------------------------

    (1) Date of application;
    (2) Applicant's name, mailing address, and telephone number;
    (3) If the applicant is an individual, the business affiliation, if 
any, having to do with the importation, exportation, or reexportation of 
terrestrial plants listed in 50 CFR 17.12 or 23.23;
    (4) If the applicant is in the name of a business or if the 
applicant is affiliated with a business which imports, exports, or 
reexports terrestrial plants listed in 50 CFR 17.12 or 23.23, the form 
of the business, e.g., corporation, firm, partnership; and the name and 
address of each partner, officer, director, holder, and owner of 10 
percent or more of the voting stock, and employee in a managerial or 
executive capacity;
    (5) The address of all applicants' business locations, including but 
not limited to locations of nurseries, growing fields, propagating beds, 
holding beds and similiar facilities where activities relating to 
terrestrial plants listed in 50 CFR 17.12 or 23.23 would be conducted;
    (6) A brief and complete description of the nature of the 
applicant's business as it relates to engaging in business as an 
importer, exporter, or reexporter of terrestrial plants listed in 50 CFR 
17.12 or 23.23;
    (7) Any address where books or records concerning the importation, 
exportation, or reexportation of terrestrial plants listed in 50 CFR 
17.12 or 23.23 would be kept;
    (8) Name, address, and telephone number of the person authorized to 
make records or plant inventories available for examination by 
inspectors or other duly authorized representatives of the Secretary; 
and
    (9) Certification by signature of the applicant (must be a partner 
or officer if the applicant is a business) after the following language: 
``I hereby certify that the information in this application is complete 
and accurate to the best of my knowledge and belief.''
    (c) Each application for a general permit must be accompanied by a 
check or money order for $70 made payable to Plant Protection and 
Quarantine. The fee shall not be refunded if the application is denied 
or abandoned.
    (d) After receipt and review of the application by Plant Protection 
and Quarantine, a general permit for the importation, exportation, and 
reexportation of terrestrial plants listed in 50 CFR 17.12 or 23.23 
shall be issued if the applicant has submitted an application containing 
all information requested in paragraph (b) of this section, if the 
applicant has paid the fee in accordance with paragraph (c) of this 
section, and if a general permit of the applicant or anyone responsibly 
connected with the business of the applicant has not been and is not 
denied, suspended or revoked pursuant to paragraph (i) of this section.
    (e) The applicant shall be notified in writing by Plant Protection 
and Quarantine of the approval or denial of any request for a general 
permit. If a general permit is denied, the notification shall state the 
reasons therefor. If a general permit is denied, the applicant may 
request a hearing pursuant to paragraph (i)(1) of this section and may 
submit to Plant Protection and Quarantine, in writing, reasons why the 
permit should not have been denied. Such submissions of the applicant 
shall not be considered a new application if submitted within 60 days 
following the receipt of notification of the denial by the applicant.
    (f) Upon receipt of an incomplete or improperly executed 
application, the applicant shall be notified by Plant Protection and 
Quarantine of the deficiency of the application. If the applicant fails 
to supply the deficient information or otherwise fails to correct the 
deficiency within 60 days following the receipt of the notification by 
the applicant, the application shall be considered abandoned.
    (g) Upon receipt of an application filed with an insufficient fee, 
or without a fee, the application and any fee submitted will be returned 
to the applicant.

[[Page 472]]

    (h) A general permit shall be valid for 2 years from the date of 
issuance unless suspended or revoked pursuant to paragraph (i) of this 
section. A new application must be submitted for the renewal of the 
general permit. A general permit shall not be transferred, tampered 
with, amended or otherwise altered in any manner or form by any person.
    (i)(1) Any application for a general permit may be denied and any 
general permit which has been issued may be suspended or revoked for a 
time specified by the Deputy Administrator for any of the reasons 
provided in paragraph (i)(2) of this section. Before such action is 
taken, the applicant or permittee will be informed of the reasons for 
the proposed action, and upon request, shall be afforded an opportunity 
for a hearing with respect to the merits or validity of such action, in 
accordance with rules of practice which shall be adopted for the 
proceeding. However, such denial, suspension or revocation may become 
effective pending final determination in the proceeding, if the 
permittee has been convicted or a criminal violation of the Act, or of 
any regulation, permit, or certificate issued under the Act. Such 
denial, suspension or revocation shall be effective upon oral or written 
notification, whichever is earlier, to the permittee. In the event of 
oral notification of the denial, suspension or revocation, written 
confirmation shall be given to the permittee as promptly as 
circumstances allow. This denial, suspension or revocation shall 
continue in effect pending the completion of the proceeding and any 
judicial review thereof, unless otherwise ordered by the Deputy 
Administrator.
    (2) An application for a general permit may be denied and any 
general permit which has been issued may be suspended or revoked if:
    (i) Any requirement of this subpart is not complied with, or
    (ii) The applicant, permittee, or a person responsibly connected 
with the business of the applicant or permittee has been criminally 
convicted or had a civil penalty imposed for a violation of the Act or 
of any regulation, permit, or certificate issued under the Act, or
    (iii) The applicant, permittee, or a person responsibly connected 
with the business of the applicant or permittee has been convicted of 
any crime involving fraud, bribery, extortion, or any other crime 
involving a lack of integrity needed for the conduct of operations 
concerning the importation, exportation, or reexportation of terrestrial 
plants listed in 50 CFR 17.12 or 23.23.
    (3) For the purposes of this section, a person shall be deemed to be 
responsibly connected with the business of the applicant or permittee if 
the person is a partner, officer, director, holder, or owner of 10 
percent or more or its voting stock, or an employee in a managerial or 
executive capacity.

(Information collection requirements were approved by the Office of 
Management and Budget under control number 0579-0076)

[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994; 
66 FR 21060, Apr. 27, 2001]



               Subpart--Inspections and Related Provisions



Sec. 355.20  Marketing and notification requirements for plants imported, exported, or reexported by means other than mail. \5\
---------------------------------------------------------------------------

    \5\ Certain terrestrial plants listed in Appendices I, II, or III of 
the Convention or determined by the U.S. Department of the Interior to 
be endangered or threatened or similar in appearance to endangered or 
threatened species are required to be accompanied by documentation at 
the time of importation, exportation, or reexportation (see 50 CFR 
chapter I). Plants are allowed to be imported, exported or reexported 
only at ports authorized for such purposes by the U.S. Department of the 
Interior, or, under certain circumstances as determined by the U.S. 
Department of the Interior, at nondesignated ports, pursuant to section 
9(f) of the Act (16 U.S.C. 1538(f)). (see 50 CFR part 24 for a list of 
designated ports.)
---------------------------------------------------------------------------

    (a) Any terrestrial plant which is to be imported, exported, or 
reexported by means other than mail and which may be imported, exported, 
or reexported under 50 CFR part 17 or part 23 only if accompanied by 
documentation, shall at the time of importation, exportation, or 
reexportation plainly and correctly bear on the outer container or on a 
tag, invoice, packing list, or

[[Page 473]]

other document accompanying the plant, the following information:
    (1) Genus and species, and quantity of each (if a hybrid, genus of 
each parent, and quantity of each hybrid),
    (2) Country and locality where collected from the wild or where 
produced from cultivated stock,
    (3) Name and address (in the United States if exported or 
reexported) of shipper, owner or person shipping or forwarding the 
plants,
    (4) Name and address (in the United States if imported) of 
consignee,
    (5) Identifying shipper's mark and number, and
    (6) Serial number and type (e.g., permit, certificate) of document 
issued for the importation, exportation, or reexportation of the plant.
    (b) Promptly upon arrival at a port of import (listed in 50 CFR part 
24, or, if allowed by the U.S. Department of the Interior, at a 
nondesignated port) of any terrestrial plant which is imported by means 
other than mail and which may be imported under 50 CFR part 17 or part 
23 only if accompanied by documentation, the importer shall notify Plant 
Protection and Quarantine of the arrival and of the genus and species of 
the plant by such means as a manifest, Customs entry document, 
commercial invoice, waybill, broker's document, or notice form provided 
for that purpose.
    (c) Prior to the exportation or reexportation of any terrestrial 
plant which is to be exported or reexported by other than mail and which 
may be exported or reexported under 50 CFR part 17 or part 23 only if 
accompanied by documentation, the exporter or reexporter shall notify 
Plant Protection and Quarantine of the intended exportation or 
reexportation and of the genus and species of the plant by such means as 
a manifest, commercial invoice, waybill, broker's document, or notice 
form provided for that purpose.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



Sec. 355.21  Marking and mailing requirements for plants imported, exported, or reexported by mail.\5\

    (a) Any terrestrial plant which is to be imported by mail and which 
may be imported under 50 CFR part 17 or part 23 only if accompanied by 
documentation, shall be mailed to Plant Protection and Quarantine (at a 
port authorized for such purpose by the U.S. Department of the Interior 
in 50 CFR part 24 pursuant to section 9(f) of the Act (16 U.S.C. 1538 
(f))); and 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 in the United States; and shall plainly 
and correctly bear on the outer container the following information:
    (1) Genus and species, and quantity of each (if a hybrid, genus of 
each parent, and quantity of each hybrid),
    (2) Country and locality where collected from the wild or where 
produced from cultivated stock,
    (3) Name and address of shipper, owner, or person shipping or 
forwarding the plants, and
    (4) Serial number and type (e.g. permit, certificate) of document 
issued for the importation of the plant.
    (b) Any terrestrial plant which is to be exported or reexported by 
mail and which may be exported or reexported under 50 CFR part 17 or 
part 23 only if accompanied by documentation, shall be mailed to Plant 
Protection and Quarantine (at a port authorized for such purpose by the 
U.S. Department of the Interior in 50 CFR part 24 pursuant to section 
9(f) of the Act (16 U.S.C. 1538(f))); shall be wrapped in double 
wrapping, with an unsealed inner wrapping addressed to the foreign 
recipient and bearing sufficient postage for mailing to the foreign 
destination; shall be accompanied by a separate sheet of paper within 
the package plainly and correctly bearing the following information:
    (1) Genus and species, and quantity of each (if a hybrid, genus of 
each parent, and quantity of each hybrid),
    (2) Country and locality where collected from the wild or where 
produced from cultivated stock,
    (3) Name and address in the United States of shipper, owner, or 
person shipping or forwarding the plants, and
    (4) Serial number and type (e.g. permit, certificate) of document 
issued for

[[Page 474]]

the exportation or reexportation of the plant.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



Sec. 355.22  Validation of documentation.

    (a) Documentation for any mailed or nonmailed terrestrial plant 
which is required to have documentation under 50 CFR part 17 or part 23 
at the time of importation, must be validated by an inspector prior to 
movement of such plant from the Customs inspection area at the port of 
entry. The original documentation must be surrendered to the inspector 
at the time of validation.
    (b) Documentation for any mailed or nonmailed terrestrial plant 
which is listed in 50 CFR 17.12 or 23.23 and which is required to have 
documentation under 50 CFR part 17 or part 23 at the time of exportation 
or reexportation, must be validated at the port of export or reexport by 
an inspector prior to the exportation or reexportation of such plant.\6\ 
The original and one copy of the documentation must be submitted for 
validation, and the copy must be surrendered to the inspector at the 
time of validation.
---------------------------------------------------------------------------

    \6\ It is the policy of the Department of Agriculture to allow, if 
inspectors are available, terrestrial plants listed in 50 CFR 17.12 or 
23.23 which are intended for export to be inspected at the premises 
where such plants are grown. However, the documentation required for the 
export of such plants by 50 CFR part 17 or part 23 shall only be 
validated at the port of export and only when such plants are presented 
at the port for export together with the documents required by 50 CFR 
part 17 or part 23 and a certified statement by the inspector who 
inspected the plants that the plants are apparently eligible for 
exportation in accordance with the provisions of this part and 
provisions of 50 CFR chapter I relating to the Act and Convention. 
Plants which have been previously inspected must be exported through a 
designated port (unless allowed by the United States Department of the 
Interior to be exported through a nondesignated port) in order to comply 
with section 9(f) of the Act [16 U.S.C. 1538(f)]. Plants which are 
inspected at the premises of origin must be available at the port of 
export for monitoring inspections and for other inspections deemed need 
for enforcement purposes, but, unless so inspected, will not need to be 
unpacked, inspected and repacked at the port. Information concerning the 
availability of inspectors to conduct inspections at the premise of 
origin may be obtained by calling local offices of Plant Protection and 
Quarantine, which are listed in telephone directories, or by writing the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Operational Support--Director's Office, 4700 River Road, 
Unit 131, Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------

    (c) Documentation for a plant shall be validated under this section 
upon endorsement of the documentation by an inspector when he or she 
determines that the plant was apparently eligible for importation, 
exportation, or reexportation in accordance with the provisions of this 
part and the provisions of 50 CFR chapter I relating to the Act and 
Convention.
    (d) To obtain validation of documentation, the importer, exporter, 
or reexporter, or agent thereof, shall make available to an inspector:
    (1) All shipping documents (including bills of lading, waybills, 
packing lists, and invoices):
    (2) All documents required by the Act and Convention; and
    (3) The plant being imported, exported, or reexported.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)

[49 FR 42912, Oct. 25, 1984, as amended at 59 FR 67611, Dec. 30, 1994]



Sec. 355.23  Recordkeeping, access, and reports.

    (a) Any person engaged in business as an importer, exporter, or 
reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 
shall keep such records as will fully and correctly disclose each 
importation, exportation, or reexportation of terrestrial plants made by 
such person and the subsequent disposition made by such person of the 
plants. Such records shall include shipping documents for each shipment 
of plants imported, exported, or reexported; a description of the form 
of the plants (such as whole live plants, cuttings, seeds, or other 
specific parts or derivatives of plants); the scientific and common 
names of the plants; the country or place of origin of the plants; the 
date and place of importation, exportation, or reexportation of the

[[Page 475]]

plants; the number (weight if the plants cannot be quantified by number) 
and specific location of plants; the date and means of subsequent 
disposition of the plants, whether by sale, barter, consignment, loan, 
delivery, destruction, or other means; and names and addresses of 
persons to whom the plants were disposed, if applicable.
    (b) Every record required to be kept under this section shall be 
kept for a period of 5 years after the occurrence of the transactions to 
which the records relate, and for such further time as the Deputy 
Administrator may require by written notice to the person required to 
keep such records under this part for purposes of any investigation, 
litigation, or other proceeding under the Act or this part.
    (c) Any person engaged in business as an importer, exporter, or 
reexporter of terrestrial plants listed in 50 CFR part 17 or part 23 
shall, upon presentation of credentials by an inspector or duly 
authorized representatives of the Secretary; during ordinary business 
hours of the person given notice, afford such inspector access to the 
person's place of business, the opportunity to examine the person's 
inventory of plants and the records required to be kept under paragraph 
(a) of this section, and the opportunity to copy such records. The use 
of a room, table, or other facilities (other than reproduction 
equipment) necessary for examination and copying of records and for such 
examination of inventory shall be afforded such inspector.
    (d) Any person engaged in business as an importer, exporter, or 
reexporter of terrestrial plants listed in 50 CFR part 17 or part 23, 
upon written request by the Deputy Administrator, shall submit within 60 
days of such request, a report concerning any of the information 
required to be maintained under paragraphs (a) and (b) of this section.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



PART 356--FORFEITURE PROCEDURES--Table of Contents




Sec.
356.1  Property subject to forfeiture procedures.
356.2  Appraisement.
356.3  Property valued at greater than $10,000; notice of seizure and 
          civil action to obtain forfeiture.
356.4  Property valued at $10,000 or less; notice of seizure and 
          administrative action to obtain forfeiture.
356.5  Bonded release.
356.6  Storage of property.
356.7  Petition for remission or mitigation of forfeiture.
356.8  Return procedure.
356.9  Filing of documents.

    Authority: 16 U.S.C. 1540(f), 16 U.S.C. 3374); 7 CFR 2.22, 2.80, 
371.3.

    Source: 49 FR 42916, Oct. 25, 1984, unless otherwise noted.



Sec. 356.1  Property subject to forfeiture procedures.

    This part sets forth procedures relating to the forfeiture of any 
plant, equipment, means of conveyance or other property \1\ seized under 
the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.) 
or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), \2\ in 
possession (actual or constructive) of the United States Department of 
Agriculture, and subject to forfeiture under these Acts because of 
activities pertaining to the importation,

[[Page 476]]

exportation, or reexportation of terrestrial plants.
---------------------------------------------------------------------------

    \1\ Under section 11(e)(4) of the Endangered Species Act (``Act''; 
16 U.S.C. 1540(e)(4)) any such equipment and means of conveyance would 
be subject to forfeiture upon conviction of a criminal violation 
pursuant to section 11(b)(1) of the Act (16 U.S.C. 1540(b)(1)); however, 
such a plant may be subject to forfeiture regardless of whether a 
criminal conviction is obtained.
    \2\ Under section 5(a)(2) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3374(a)(2)) USDA has authority to initiate forfeiture proceedings 
against all vessels, vehicles, aircraft, and other equipment used to aid 
in the importation or exportation of plants in a criminal violation of 
the Lacey Act Amendments of 1981 for which a felony conviction has been 
obtained if (a) the owner of such vessel, vehicle, aircraft, or 
equipment was at the time of the alleged illegal act a consenting part 
or privy thereto or in the exercise of due care should have known that 
such vessel, vehicle, aircraft, or equipment would be used in a criminal 
violation of the Lacey Act Amendments of 1981, and (b) the violation 
involved the sale or purchase of, the offer of sale or purchase of, or 
the intent to sell or purchase plants. However, under section 5(a)(1) of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3474(a)(1) plants seized for 
violations of the Amendments are subject to forfeiture regardless of 
whether a civil penalty assessment or criminal conviction is obtained.

[49 FR 46336, Nov. 26, 1984]



Sec. 356.2  Appraisement.

    Promptly following the seizure or other receipt of property 
specified in Sec. 356.1, the Deputy Administrator shall determine the 
retail value of such property in the same quantity or quantities as 
seized. If the property may lawfully be sold in the United States, the 
value thereof shall be determined by ascertaining the price at which the 
property or similar property in the ordinary course of trade is freely 
offered for sale at the time of appraisement, and at a principal market 
as close as possible to the place of appraisement. If the property may 
not lawfully be sold in the United States, the value thereof shall be 
determined by other reasonable means.



Sec. 356.3  Property valued at greater than $10,000; notice of seizure and civil action to obtain forfeiture.

    Promptly following the seizures or other receipt of any property 
specified in Sec. 356.1 and determined under Sec. 356.2 to have a value 
greater than $10,000, the Deputy Administrator shall mail a notice of 
seizure by registered or certified mail to the current or last known or 
reasonable ascertainable address, return receipt requested, to persons 
known or reasonably ascertained to be the owner or agent of the seized 
property and to any other person having an interest in the property. 
Such notice shall describe the seized property, shall state the time, 
date, place, and reason for the seizure, that there is a right to 
petition for remission or mitigation of forfeiture pursuant to 
Sec. 356.7, and shall state that action shall be taken in accordance 
with this part. Promptly following the seizure of such property, the 
Secretary shall also submit a report concerning such property to the 
U.S. Attorney for the district in which the seizure was made for 
institution of forfeiture proceedings in the U.S. District Court. The 
report shall provide a statement of all the relevant facts and 
circumstances of the case, including the names of the witnesses, and a 
citation to the laws believed to have been violated and on which 
reliance may be had for forfeiture.



Sec. 356.4  Property valued at $10,000 or less; notice of seizure administrative action to obtain forfeiture.

    (a) When authorized. The Secretary shall take measures to obtain 
forfeiture in accordance with this section of any property specified in 
Sec. 356.1 and determined under Sec. 356.2 to have a value of $10,000 or 
less.
    (b) Waiver of forfeiture procedures by owner of seized property. A 
person claiming to be an owner or to have an interest in any property 
specified in Sec. 356.1 with a value of $10,000 or less may waive any 
rights to any procedures relating to forfeiture under this subpart by 
signing a statement providing for waiver of such rights.
    (1) The Deputy Administrator shall publish a copy of the notice of 
seizure and proposed forfeiture as provided in paragraph (c)(1) of this 
section, by posting for 21 days in a conspicuous place accessible to the 
public at the Plant Protection and Quarantine Enforcement office nearest 
the place of seizure. The time and date of posting shall be indicated on 
the notice.
    (2) Upon the execution of such statement and following publication 
of the notice for 21 days as provided in paragraph (c)(1) of this 
section, any interest in such property by such owner shall become 
forfeited under the Act without further action under this subpart, and 
the Deputy Administrator shall not be required to send such owner any 
notices or declarations otherwise required by this subpart.
    (c) Procedure absent waiver of forfeiture procedures by owner. (1) 
Notice of seizure and proposed forfeiture. Promptly following seizure of 
property, the Deputy Administrator shall issue a notice of seizure and 
proposed forfeiture. The notice shall be in substantially the same form 
as a complaint for forfeiture filed in the U.S. District Court. The 
notice shall describe the seized property, including any identification 
numbers, such as the license,

[[Page 477]]

registration, motor, and serial numbers for a motor vehicle. The notice 
shall state the time, date, and place of seizure; the reason for 
seizure; and shall specify the value of the property as determined under 
Sec. 356.2. The notice shall contain specific reference to the 
provisions of the Act, permit, certificate, or regulations allegedly 
violated and under which the property is subject to forfeiture. The 
notice shall state that any person desiring to claim the property must 
file a claim and a bond in accordance with paragraph (c)(2) of this 
section, and shall state that if a proper claim and bond are not 
received by the specified office within the time prescribed by such 
paragraph, the property will be declared forfeited to the United States 
and disposed of according to law. The notice shall also advise 
interested persons of their right to file a petition for remission or 
mitigation of forfeiture in accordance with Sec. 356.7.
    (i) Promptly following the seizure, The Deputy Administrator shall 
mail a copy of the notice by registered or certified mail, return 
receipt requested, to persons known or reasonably ascertained to be the 
owner or agent of the seized property, and to any other person having an 
interest in the property, if such owner or agent or other person and 
their address is known or reasonably ascertainable.
    (ii) Publication. Promptly following the seizure, the Deputy 
Administrator shall publish a copy of the notice by posting for 21 days 
in a conspicuous place accessible to the public at the Plant Protection 
and Quarantine enforcement office nearest the place of seizure. The time 
and date of posting shall be indicated on the notice.
    (2) Filing a claim and bond. Upon issuance of the notice of proposed 
forfeiture, any person claiming ownership of or other interest in the 
seized property may file with the office specified in the notice a claim 
to the property and a bond in the amount of $250, with sureties to be 
approved by the Deputy Administrator, conditioned that in case of 
condemnation of the articles so claimed, the obligor shall pay all the 
costs and expenses of the proceedings to obtain such condemnation. Any 
claim and bond must be received in such office within 20 days after 
posting of the notice of proposed forfeiture, and shall state claimant's 
interest in the property. The Deputy Administrator may extend the 20 day 
period with an appropriate statement on the posted notice of proposed 
forfeiture, if necessary, to allow a person deemed to have an interest 
in the property at least 10 days to file such a claim and bond after 
receipt of a notice of proposed forfeiture. The bond shall be on a U.S. 
Customs Form 4615 or on a similar form provided by Plant Protection and 
Quarantine. There shall be endorsed on the bond a list or schedule in 
substantially the following form which shall be signed by the claimant 
in the presence of the witnesses to the bond, and attested by the 
witnesses:

List or schedule containing a description of seized articles, claim for 
which is covered by the bond:

________________________________________________________________________
________________________________________________________________________

    The foregoing list is correct.

________________________________________________________________________

Claimant

Attest:_________________________________________________________________
________________________________________________________________________


The claim and bond referred to in the paragraph shall not entitle the 
claimant or any other person to possession of the property.
    (3) Transmittal to U.S. Attorney. As soon as practicable after 
timely receipt by the specified office of a proper claim and bond in 
accordance with paragraph (c)(2) of this section, the Secretary shall 
transmit such claim, bond (with a duplicate list and description of the 
articles seized), and a report as described in Sec. 356.3 to the U.S. 
Attorney for the district in which seizure was made for forfeiture 
proceedings in the U.S. District Court.
    (d) Summary forfeiture. If a proper claim and bond are not received 
by the specified office within the time periods as specified in 
paragraph (c)(2) of this section, the property shall be forfeited and 
the Deputy Administrator shall prepare a declaration of forfeiture. The 
declaration of forfeiture shall be in writing, and the Deputy 
Administrator shall send such declaration by registered or certified 
mail, return receipt requested, to each person whose whereabouts and 
prior interests in the seized

[[Page 478]]

property are known or reasonably ascertainable. The declaration shall be 
in substantially the same form as a default judgment of forfeiture 
entered in U.S. District Court. The declaration shall describe the 
property and state the time, date, place, and reason for its seizure. 
The declaration shall identify the notice of proposed forfeiture, 
describing the dates and manner of publication of the notice and any 
efforts made to serve the notice personally or by mail. The declaration 
shall state that in response to the notice a proper claim and bond were 
not timely received by the proper office from any claimant, and that, 
therefore, all potential claimants are deemed to admit the truth of the 
allegations of the notice. The declaration shall conclude with an order 
of condemnation and forfeiture of the property to the United States for 
disposition according to law.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



Sec. 356.5  Bonded release.

    (a) The Deputy Administrator may accept a bond or other security, in 
the amount of the value of the property as determined under Sec. 356.3, 
in place of any property specified in Sec. 356.1 and release the 
property to the owner or agent of the property, if such action would not 
frustrate the purposes of the Act and Convention. As an example, this 
section does not allow the release of terrestrial plants that are 
without documentation required under 50 CFR chapter I.
    (b) Any request for the return of property based on the acceptance 
of a bond or other security shall be submitted in writing to the Deputy 
Administrator. The request shall include evidence to establish that the 
person making the request is the sole owner of the property referred to 
in the request or is the agent of the sole owner of such property. A 
response in writing, granting or denying the request, and the reasons 
therefor, shall be sent to the person making the request.



Sec. 356.6  Storage of property.

    Following the seizure or other receipt of any property specified in 
Sec. 356.1 and valued at $10,000 or less, the property shall remain in 
the custody of the Deputy Administrator pending disposition. Pending 
such disposition, the property shall be stored in such place, as, in the 
opinion of the Deputy Administrator, is most convenient and appropriate 
with due regard to the expense involved, whether or not the place of 
storage is within the judicial district in which the property was 
seized.



Sec. 356.7  Petition for remission or mitigation of forfeiture.

    (a) Any person who has an interest in any property specified in 
Sec. 356.1 and valued at $10,000 or less, or any person who has incurred 
or is alleged to have incurred a forfeiture of any such property, may 
file with the Deputy Administrator a petition for remission or 
mitigation of forfeiture while the property is in the custody of the 
Deputy Administrator.
    (b) A petition filed with the Deputy Administrator need not be in 
any particular form, but must contain the following:
    (1) A description of the property:
    (2) The time, date, and place of seizure;
    (3) Evidence of the petitioner's interest in the property such as 
contracts, bills of sale, invoices, security interests, certificates of 
title; and
    (4) A statement of all facts and circumstances relied upon by the 
petitioners to justify remission or mitigation of the forfeiture.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a business, the 
petition must be signed by a partner, officer, or petitioner's attorney 
at law.
    (d) Upon receiving the petition, the Deputy Administrator shall 
decide whether or not to grant relief. In making a decision, the Deputy 
Administrator shall consider the information submitted by the 
petitioner, as well as any other available information relating to the 
matter, and may require that testimony be taken concerning the petition.
    (e) If the Deputy Administrator finds that the forfeiture was 
incurred without willful negligence or without any intention on the part 
of the petitioner

[[Page 479]]

to violate the law or finds the existence of such mitigating 
circumstances as to justify remission or mitigation of the forfeiture or 
alleged forfeiture, the Deputy Administrator may remit or mitigate the 
same upon terms and conditions as he deems reasonable and just. However, 
remission or mitigation will not be made if such action would frustrate 
the purposes of the Act or Convention. As an example, this section does 
not allow remission or mitigation with respect to terrestrial plants 
that are without documentation required under 50 CFR chapter I.
    (f) The Deputy Administrator shall notify the petitioner in writing 
concerning whether the petition was granted or denied, and shall state 
the reasons therefor. If the petition is denied fully or in part, the 
petitioner may then file a supplemental petition, but no supplemental 
petition shall be considered unless it is received within 60 days from 
the date of the Deputy Administrator's notification concerning the 
original petition. The Deputy Administrator shall notify the petitioner 
in writing concerning the action taken in response to the supplemental 
petition, and shall state the reasons therefor.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



Sec. 356.8  Return procedure.

    If, at the conclusion of proceedings, seized property is to be 
returned to the person determined to be the owner or agent thereof, the 
Deputy Administrator shall issue a letter or other document to the 
person determined to be owner or agent thereof authorizing its return. 
This letter shall be delivered personally or sent by registered or 
certified mail, return receipt requested, and shall identify the person 
determined to be the owner or agent, the seized property, and if 
appropriate, the bailee of the seized property. It shall also provide 
that upon presentation of the letter or other document and proper 
identification, and the signing of a receipt provided by Plant 
Protection and Quarantine, the seized property is authorized to be 
released.



Sec. 356.9  Filing of documents.

    (a) Any document required by this subpart to be filed or served 
within a certain period of time, will be considered filed or served as 
of the time of receipt by the party with or upon whom filing or service 
is required.
    (b) Saturdays, Sundays, and federal holidays shall be included in 
computing the time allowed for the filing or serving of any document or 
paper; except that when such time expires on a Saturday, Sunday or 
federal holiday, such period shall be extended to include the next 
following business day.



PART 360--NOXIOUS WEED REGULATIONS--Table of Contents




Sec.
360.100  Definitions.
360.200  Designation of noxious weeds.
360.300  General prohibitions and restrictions on the movement of 
          noxious weeds; permits.

    Authority: 7 U.S.C. 7711-7714, 7718, 7731, 7751, and 7754; 7 CFR 
2.22, 2.80, and 371.3.



Sec. 360.100  Definitions.

    (a) As used in this part, words in the singular form shall be deemed 
to import the plural and vice versa, as the case may require.
    (b) As used in this part, the terms as defined in section 3 of the 
Act (7 U.S.C. 2802) shall apply with equal force and effect. In addition 
and except as may be provided otherwise in this part the following words 
shall be construed, respectively, to mean:
    Department. The U.S. Department of Agriculture.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs of the Animal and Plant Health 
Inspection Service of the Department, or any other officer or employee 
of the Plant Protection and Quarantine Programs to whom authority has 
heretofore been delegated or may hereafter be delegated to act in his 
stead.
    Plant Protection and Quarantine Programs. The Plant Protection and 
Quarantine Programs, Animal and Plant Health Inspection Service of the 
Department.

[41 FR 49988, Nov. 12, 1976]

[[Page 480]]



Sec. 360.200  Designation of noxious weeds.

    As authorized under section 412 of the Plant Protection Act (7 
U.S.C. 7712), the Secretary of Agriculture has determined that the 
following plants \1\ or plant products fall within the definition of 
``noxious weed'' as defined in section 403 of the Act (7 U.S.C. 
7702(10)). Accordingly, the dissemination in the United States of the 
following plants or plant products may reasonably be expected to have 
the effects specified in section 403 of the Act:
---------------------------------------------------------------------------

    \1\ One or more of the common names of weeds are given in 
parentheses after most scientific names to help identify the weeds 
represented by such scientific names; however, a scientific name is 
intended to include all weeds within the genus or species represented by 
the scientific name, regardless of whether the common name or names are 
as comprehensive in scope as the scientific name.
---------------------------------------------------------------------------

    (a) Aquatic and wetland weeds:

Azolla pinnata R. Brown (mosquito fern, water velvet)
Caulerpa taxifolia (Mediterranean clone)
Eichornia azurea (Swartz) Kunth (anchored waterhyacinth, rooted 
waterhyacinth)
Hydrilla verticillata (Linnaeus f.) Royle (hydrilla)
Hygrophila polysperma T. Anderson (Miramar weed)
Ipomoea aquatica Forsskal (water-spinach, swamp morning-glory)
Lagarosiphon major (Ridley) Moss
Limnophila sessiliflora (Vahl) Blume (ambulia)
Melaleuca quenquinervia (Cav.) Blake (broadleaf paper bark tree).
Monochoria hastata (Linnaeus) Solms-Laubach
Monochoria vaginalis (Burman f.) C. Presl
Ottelia alismoides (L.) Pers.
Sagittaria sagittifolia Linnaeus (arrowhead)
Salvinia auriculata Aublet (giant salvinia)
Salvinia biloba Raddi (giant salvinia)
Salvinia herzogii de la Sota (giant salvinia)
Salvinia molesta D.S. Mitchell (giant salvinia)
Solanum tampicense Dunal (wetland nightshade)
Sparganium erectum Linnaeus (exotic bur-reed)

    (b) Parasitic weeds:

Aeginetia spp.
Alectra spp.
Cuscuta spp. (dodders), other than following species:
    Cuscuta americana Linnaeus
    Cuscuta applanata Engelmann
    Cuscuta approximata Babington
    Cuscuta attenuata Waterfall
    Cuscuta boldinghii Urban
    Cuscuta brachycalyx (Yuncker) Yuncker
    Cuscuta californica Hooker & Arnott
    Cuscuta campestris Yuncker
    Cuscuta cassytoides Nees ex Engelmann
    Cuscuta ceanothii Behr
    Cuscuta cephalanthii Engelmann
    Cuscuta compacta Jussieu
    Cuscuta corylii Engelmann
    Cuscuta cuspidata Engelmann
    Cuscuta decipiens Yuncker
    Cuscuta dentatasquamata Yuncker
    Cuscuta denticulata Engelmann
    Cuscuta epilinum Weihe
    Cuscuta epithymum (Linnaeus) Linnaeus
    Cuscuta erosa Yuncker
    Cuscuta europaea Linnaeus
    Cuscuta exalta Engelmann
    Cuscuta fasciculata Yuncker
    Cuscuta glabrior (Engelmann) Yuncker
    Cuscuta globulosa Bentham
    Cuscuta glomerata Choisy
    Cuscuta gronovii Willdenow
    Cuscuta harperi Small
    Cuscuta howelliana Rubtzoff
    Cuscuta indecora Choisy
    Cuscuta jepsonii Yuncker
    Cuscuta leptantha Engelmann
    Cuscuta mitriformis Engelmann
    Cuscuta nevadensis I. M. Johnston
    Cuscuta obtusiflora Humboldt, Bonpland, & Kunth
    Cuscuta occidentalis Millspaugh ex Mill & Nuttall
    Cuscuta odontolepis Engelmann
    Cuscuta pentagona Engelmann
    Cuscuta planiflora Tenore
    Cuscuta plattensis A. Nelson
    Cuscuta polygonorum Engelmann
    Cuscuta rostrata Shuttleworth ex Engelmann
    Cuscuta runyonii Yuncker
    Cuscuta salina Engelmann
    Cuscuta sandwichiana Choisy
    Cuscuta squamata Engelmann
    Cuscuta suaveolens Seringe
    Cuscuta suksdorfii Yuncker
    Cuscuta tuberculata Brandegee
    Cuscuta umbellata Humboldt, Bonpland, & Kunth
    Cuscuta umbrosa Beyrich ex Hooker
    Cuscuta vetchii Brandegee
    Cuscuta warneri Yuncker
Orobanche spp. (broomrapes), other than the following species:
    Orobanche bulbosa (Gray) G. Beck
    Orobanche californica Schlechtendal & Chamisso
    Orobanche cooperi (Gray) Heller
    Orobanche corymbosa (Rydberg) Ferris
    Orobanche dugesii (S. Watson) Munz
    Orobanche fasciculata Nuttall
    Orobanche ludoviciana Nuttall
    Orobanche multicaulis Brandegee
    Orobanche parishii (Jepson) Heckard

[[Page 481]]

    Orobanche pinorum Geyer ex Hooker
    Orobanche uniflora Linnaeus
    Orobanche valida Jepson
    Orobanche vallicola (Jepson) Heckard
Striga spp. (witchweeds)

    (c) Terrestrial weeds:

Ageratina adenophora (Sprengel) King & Robinson (crofton weed)
Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile 
joyweed)
Asphodelus fistulosus Linnaeus (onionweed)
Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated 
oat, wild oat)
Carthamus oxyacantha M. Bieberstein (wild safflower)
Chrysopogon aciculatus (Retzius) Trinius (pilipiliula)
Commelina benghalensis Linnaeus (Benghal dayflower)
Crupina vulgaris Cassini (common crupina)
Digitaria scalarum (Schweinfurth) Chiovenda (African couchgrass, 
fingergrass)
Digitaria velutina (Forsskal) Palisot de Beauvois (velvet fingergrass, 
annual conchgrass)
Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes 
(lightning weed)
Emex australis Steinheil (three-cornered jack)
Emex spinosa (Linnaeus) Campdera (devil's thorn)
Galega officinalis Linnaeus (goatsrue)
Heracleum mantegazzianum Sommier & Levier (giant hogweed)
Homeria spp.
Imperata brasiliensis Trinius (Brazilian satintail)
Imperata cylindrica (Linnaeus) Raeuschel (cogongrass)
Ischaemum rugosum Salisbury (murainograss)
Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop)
Lycium ferocissimum Miers (African boxthorn)
Melastoma malabathricum Linnaeus
Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute)
Mikania micrantha Humboldt, Bonpland, & Kunth
Mimosa invisa Martius (giant sensitive plant)
Mimosa pigra Linneaus var. pigra (catclaw mimosa)
Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock)
Opuntia aurantiaca Lindley (jointed prickly pear)
Oryza longistaminata A. Chevalier & Roehrich (red rice)
Oryza punctata Kotschy ex Steudel (red rice)
Oryza rufipogon Griffith (red rice)
Paspalum scrobiculatum Linnaeus (Kodo-millet)
Pennisetum clandestinum Hochstetter ex Chiovenda (kikuyugrass)
Pennisetum macrourum Trinius (African feathergrass)
Pennisetum pedicellatum Trinius (kyasumagrass)
Pennisetum polystachion (Linnaeus) Schultes (missiongrass, thin 
napiergrass)
Prosopis alpataco R. A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart
Prosopis calingastana Burkart
Prosopis campestris Griseback
Prosopis castellanosii Burkart
Prosopis denudans Bentham
Prosopis elata (Burkart) Burkart
Prosopis farcta (Solander ex Russell) Macbride
Prosopis ferox Grisebach
Prosopis fiebrigii Harms
Prosopis hassleri Harms
Prosopis humilis Gillies ex Hooker & Arnott
Prosopis kuntzei Harms
Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, 
& Kunth
Prosopis palmeri S. Watson
Prosopis reptans Bentham var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Grisebach
Prosopis sericantha Gillies ex Hooker & Arnott
Prosopis strombulifera (Lamarck) Bentham
Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle
Rottboellia cochinchinensis (Lour.) W. Clayton
Rubus fruticosus Linnaeus (complex) (wild blackberry)
Rubus moluccanus Linnaeus (wild raspberry)
Saccharum spontaneum Linnaeus (wild sugarcane)
Salsola vermiculata Linnaeus (wormleaf salsola)
Setaria pallide-fusca (Schumacher) Stapf & Hubbard (cattail grass)
Solanum torvum Swartz (turkeyberry)
Solanum viarum Dunal (tropical soda apple)
Spermacoce alata (Aublet) de Candolle
Tridax procumbens Linnaeus (coat buttons)
Urochloa panicoides Beauvois (liverseed grass)

[48 FR 20039, May 4, 1983, as amended at 49 FR 25223, June 20, 1984; 57 
FR 8838, Mar. 13, 1992; 60 FR 35832, July 12, 1995; 64 FR 12883, Mar. 
16, 1999; 65 FR 33743, May 25, 2000; 66 FR 21060, Apr. 27, 2001]



Sec. 360.300  General prohibitions and restrictions on the movement of noxious weeds; permits.

    (a) No person may move a Federal noxious weed into or through the 
United States, or interstate, unless:
    (1) He or she obtains a permit for such movement in accordance with 
paragraphs (b) through (e) of this section; and

[[Page 482]]

    (2) The movement is consistent with the specific conditions 
contained in the permit.
    (b) The Deputy Administrator will issue a written permit for the 
movement of a noxious weed into or through the United States, or 
interstate, if application is made for such movement and if the Deputy 
Administrator determines that such movement, under conditions specified 
in the permit, would not involve a danger of dissemination of the 
noxious weed in the United States, or interstate; otherwise such a 
permit will not be issued.
    (c) All such permits issued shall contain in written form in the 
permit any conditions (other than those conditions specified in this 
part) under which the permit is to be granted, e.g. conditions with 
respect to shipment, storage, and destruction.
    (d) If the permit is denied, the applicant shall be furnished the 
reasons therefor.
    (e) The Deputy Administrator may revoke any outstanding permit 
issued under this section, and may deny future permit applications, if 
the Deputy Administrator determines that the issuee has failed to comply 
with any provision of the Act or this section, including conditions of 
any permit issued. Upon request, any permit holder will be afforded an 
opportunity for a hearing with respect to the merits or validity of any 
such revocation involving his or her permit.

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

[41 FR 49988, Nov. 12, 1976, as amended at 48 FR 57466, Dec. 30, 1983; 
59 FR 67611, Dec. 30, 1994; 64 FR 41009, July 29, 1999]



PART 361--IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT--Table of Contents




Sec.
361.1  Definitions.
361.2  General restrictions on the importation of seed and screenings.
361.3  Declarations and labeling.
361.4  Inspection at the port of first arrival.
361.5  Sampling of seeds.
361.6  Noxious weed seeds.
361.7  Special provisions for Canadian-origin seed and screenings.
361.8  Cleaning of imported seed and processing of certain Canadian-
          origin screenings.
361.9  Recordkeeping.
361.10  Costs and charges.

    Authority: 7 U.S.C. 1581-1610; 7 CFR 2.22, 2.80, and 371.3.

    Source: 62 FR 48460, Sept. 16, 1997, unless otherwise noted.



Sec. 361.1  Definitions.

    Terms used in the singular form in this part shall be construed as 
the plural, and vice versa, as the case may demand. The following terms, 
when used in this part, shall be construed, respectively, to mean:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, U.S. Department of Agriculture, or any other 
individual to whom the Administrator delegates authority to act in his 
or her stead.
    Agricultural seed. The following kinds and varieties of grass, 
forage, and field crop seed that are used for seeding purposes in the 
United States:

Agrotricum--x Agrotriticum Ciferri and Giacom.
Alfalfa--Medicago sativa L.
Alfilaria--Erodium cicutarium (L.) L'Her.
Alyceclover--Alysicarpus vaginalis (L.) DC.
Bahiagrass--Paspalum notatum Fluegge
Barley--Hordeum vulgare L.
Barrelclover--Medicago truncatula Gaertn.
Bean, adzuki--Vigna angularis (Willd.) Ohwi and Ohashi
Bean, field--Phaseolus vulgaris L.
Bean, mung--Vigna radiata (L.) Wilczek
Beet, field--Beta vulgaris L. subsp. vulgaris
Beet, sugar--Beta vulgaris L. subsp. vulgaris
Beggarweed, Florida--Desmodium tortuosum (Sw.) DC.
Bentgrass, colonial--Agrostis capillaris L.
Bentgrass, creeping--Agrostis stolonifera L. var. palustris (Huds.) 
Farw.
Bentgrass, velvet--Agrostis canina L.
Bermudagrass--Cynodon dactylon (L.) Pers. var. dactylon
Bermudagrass, giant--Cynodon dactylon (L.) Pers. var. aridus Harlan and 
de Wet
Bluegrass, annual--Poa annua L.
Bluegrass, bulbous--Poa bulbosa L.
Bluegrass, Canada--Poa compressa L.
Bluegrass, glaucantha--Poa glauca Vahl
Bluegrass, Kentucky--Poa pratensis L.
Bluegrass, Nevada--Poa secunda J.S. Presl
Bluegrass, rough--Poa trivialis L.
Bluegrass, Texas--Poa arachnifera Torr.
Bluegrass, wood--Poa nemoralis L.
Bluejoint--Calamagrostis canadensis (Michx.) P. Beauv.

[[Page 483]]

Bluestem, big--Andropogon gerardii Vitm. var. gerardii
Bluestem, little--Schizachyrium scoparium (Michx.) Nash
Bluestem, sand--Andropogon hallii Hack.
Bluestem, yellow--Bothriochloa ischaemum (L.) Keng
Bottlebrush-squirreltail--Elymus elymoides (Raf.) Swezey
Brome, field--Bromus arvensis L.
Brome, meadow--Bromus biebersteinii Roem. and Schult.
Brome, mountain--Bromus marginatus Steud.
Brome, smooth--Bromus inermis Leyss.
Broomcorn--Sorghum bicolor (L.) Moench
Buckwheat--Fagopyrum esculentum Moench
Buffalograss--Buchloe dactyloides (Nutt.) Engelm.
Buffelgrass--Cenchrus ciliaris L.
Burclover, California--Medicago polymorpha L.
Burclover, spotted--Medicago arabica (L.) Huds.
Burnet, little--Sanguisorba minor Scop.
Buttonclover--Medicago orbicularis (L.) Bartal.
Canarygrass--Phalaris canariensis L.
Canarygrass, reed--Phalaris arundinacea L.
Carpetgrass--Axonopus fissifolius (Raddi) Kuhlm.
Castorbean--Ricinus communis L.
Chess, soft--Bromus hordeaceus L.
Chickpea--Cicer arietinum L.
Clover, alsike--Trifolium hybridum L.
Clover, arrowleaf--Trifolium vesiculosum Savi
Clover, berseem--Trifolium alexandrinum L.
Clover, cluster--Trifolium glomeratum L.
Clover, crimson--Trifolium incarnatum L.
Clover, Kenya--Trifolium semipilosum Fresen.
Clover, ladino--Trifolium repens L.
Clover, lappa--Trifolium lappaceum L.
Clover, large hop--Trifolium campestre Schreb.
Clover, Persian--Trifolium resupinatum L.
Clover, red or
    Red clover, mammoth--Trifolium pratense L.
    Red clover, medium--Trifolium pratense L.
Clover, rose--Trifolium hirtum All.
Clover, small hop or suckling--Trifolium dubium Sibth.
Clover, strawberry--Trifolium fragiferum L.
Clover, sub or subterranean--Trifolium subterraneum L.
Clover, white--Trifolium repens L. (also see Clover, ladino)
Clover--(also see Alyceclover, Burclover, Buttonclover, Sourclover,
Sweetclover)
Corn, field--Zea mays L.
Corn, pop--Zea mays L.
Cotton--Gossypium spp.
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Crambe--Crambe abyssinica R.E. Fries
Crested dogtail--Cynosurus cristatus L.
Crotalaria, lance--Crotalaria lanceolata E. Mey.
Crotalaria, showy--Crotalaria spectabilis Roth
Crotalaria, slenderleaf--Crotalaria brevidens Benth. var. intermedia 
(Kotschy) Polh.
Crotalaria, striped or smooth--Crotalaria pallida Ait.
Crotalaria, sunn--Crotalaria juncea L.
Crownvetch--Coronilla varia L.
Dallisgrass--Paspalum dilatatum Poir.
Dichondra--Dichondra repens Forst. and Forst. f.
Dropseed, sand--Sporobolus cryptandrus (Torr.) A. Gray
Emmer--Triticum dicoccon Schrank
Fescue, chewings--Festuca rubra L. subsp. commutata Gaud.
Fescue, hair--Festuca tenuifolia Sibth.
Fescue, hard--Festuca brevipila Tracey
Fescue, meadow--Festuca pratensis Huds.
Fescue, red--Festuca rubra L. subsp. rubra
Fescue, sheep--Festuca ovina L. var. ovina
Fescue, tall--Festuca arundinacea Schreb.
Flax--Linum usitatissimum L.
Galletagrass--Hilaria jamesii (Torr.) Benth.
Grama, blue--Bouteloua gracilis (Kunth) Steud.
Grama, side-oats--Bouteloua curtipendula (Michx.) Torr.
Guar--Cyamopsis tetragonoloba (L.) Taub.
Guineagrass--Panicum maximum Jacq. var. maximum
Hardinggrass--Phalaris stenoptera Hack.
Hemp--Cannabis sativa L.
Indiangrass, yellow--Sorghastrum nutans (L.) Nash
Indigo, hairy--Indigofera hirsuta L.
Japanese lawngrass--Zoysia japonica Steud.
Johnsongrass--Sorghum halepense (L.) Pers.
Kenaf--Hibiscus cannabinus L.
Kochia, forage--Kochia prostrata (L.) Schrad.
Kudzu--Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen and S. 
Almeida
Lentil--Lens culinaris Medik.
Lespedeza, Korean--Kummerowia stipulacea (Maxim.) Makino
Lespedeza, sericea or Chinese--Lespedeza cuneata (Dum.-Cours.) G. Don
Lespedeza, Siberian--Lespedeza juncea (L. f.) Pers.
Lespedeza, striate--Kummerowia striata (Thunb.) Schindler
Lovegrass, sand--Eragrostis trichodes (Nutt.) Wood
Lovegrass, weeping--Eragrostis curvula (Schrad.) Nees
Lupine, blue--Lupinus angustifolius L.
Lupine, white--Lupinus albus L.
Lupine, yellow--Lupinus luteus L.
Manilagrass--Zoysia matrella (L.) Merr.
Meadow foxtail--Alopecurus pratensis L.
Medic, black--Medicago lupulina L.
Milkvetch or cicer milkvetch--Astragalus cicer L.
Millet, browntop--Brachiaria ramosa (L.) Stapf
Millet, foxtail--Setaria italica (L.) Beauv.

[[Page 484]]

Millet, Japanese--Echinochloa frumentacea Link
Millet, pearl--Pennisetum glaucum (L.) R. Br.
Millet, proso--Panicum miliaceum L.
Molassesgrass--Melinis minutiflora Beauv.
Mustard, black--Brassica nigra (L.) Koch
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, white--Sinapis alba L.
Napiergrass--Pennisetum purpureum Schumach.
Needlegrass, green--Stipa viridula Trin.
Oat--Avena byzantina C. Koch, A. sativa L., A. nuda L.
Oatgrass, tall--Arrhenatherum elatius (L.) J.S. Presl and K.B. Presl
Orchardgrass--Dactylis glomerata L.
Panicgrass, blue--Panicum antidotale Retz.
Panicgrass, green--Panicum maximum Jacq. var. trichoglume Robyns
Pea, field--Pisum sativum L.
Peanut--Arachis hypogaea L.
Poa trivialis--(see Bluegrass, rough)
Rape, annual--Brassica napus L. var. annua Koch
Rape, bird--Brassica rapa L. subsp. rapa
Rape, turnip--Brassica rapa L. subsp. silvestris (Lam.) Janchen
Rape, winter--Brassica napus L. var. biennis (Schubl. and Mart.) Reichb.
Redtop--Agrostis gigantea Roth
Rescuegrass--Bromus catharticus Vahl
Rhodesgrass--Chloris gayana Kunth
Rice--Oryza sativa L.
Ricegrass, Indian--Oryzopsis hymenoides (Roem. and Schult.) Ricker
Roughpea--Lathyrus hirsutus L.
Rye--Secale cereale L.
Rye, mountain--Secale strictum (K.B. Presl) K.B. Presl subsp. strictum
Ryegrass, annual or Italian--Lolium multiflorum Lam.
Ryegrass, intermediate--Loliumxhybridum Hausskn.
Ryegrass, perennial--Lolium perenne L.
Ryegrass, Wimmera--Lolium rigidum Gaud.
Safflower--Carthamus tinctorius L.
Sagewort, Louisiana--Artemisia ludoviciana Nutt.
Sainfoin--Onobrychis viciifolia Scop.
Saltbush, fourwing--Atriplex canescens (Pursh) Nutt.
Sesame--Sesamum indicum L.
Sesbania--Sesbania exaltata (Raf.) A.W. Hill
Smilo--Piptatherum miliaceum (L.) Coss.
Sorghum--Sorghum bicolor (L.) Moench
Sorghum almum--Sorghumxalmum L. Parodi
Sorghum-sudangrass--Sorghumxdrummondii (Steud.) Millsp. and Chase
Sorgrass--Rhizomatous derivatives of a johnsongrassxsorghum cross or a 
johnsongrassxsudangrass cross Southernpea--(See Cowpea)
Sourclover--Melilotus indicus (L.) All.
Soybean--Glycine max (L.) Merr.
Spelt--Triticum spelta L.
Sudangrass--Sorghumxdrummondii (Steud.) Millsp. and Chase
Sunflower--Helianthus annuus L.
Sweetclover, white--Melilotus albus Medik.
Sweetclover, yellow--Melilotus officinalis Lam.
Sweet vernalgrass--Anthoxanthum odoratum L.
Sweetvetch, northern--Hedysarum boreale Nutt.
Switchgrass--Panicum virgatum L.
Timothy--Phleum pratense L.
Timothy, turf--Phleum bertolonii DC.
Tobacco--Nicotiana tabacum L.
Trefoil, big--Lotus uliginosus Schk.
Trefoil, birdsfoot--Lotus corniculatus L.
Triticale--x Triticosecale Wittm. (SecalexTriticum)
Vaseygrass--Paspalum urvillei Steud.
Veldtgrass--Ehrharta calycina J.E. Smith
Velvetbean--Mucuna pruriens (L.) DC. var. utilis (Wight) Burck
Velvetgrass--Holcus lanatus L.
Vetch, common--Vicia sativa L. subsp. sativa
Vetch, hairy--Vicia villosa Roth subsp. villosa
Vetch, Hungarian--Vicia pannonica Crantz
Vetch, monantha--Vicia articulata Hornem.
Vetch, narrowleaf or blackpod--Vicia sativa L. subsp. nigra (L.) Ehrh.
Vetch, purple--Vicia benghalensis L.
Vetch, woollypod or winter--Vicia villosa Roth subsp. varia (Host) Corb.
Wheat, common--Triticum aestivum L.
Wheat, club--Triticum compactum Host
Wheat, durum--Triticum durum Desf.
Wheat, Polish--Triticum polonicum L.
Wheat, poulard--Triticum turgidum L.
WheatxAgrotricum--TriticumxAgrotriticum
Wheatgrass, beardless--Pseudoroegneria spicata (Pursh) A. Love
Wheatgrass, crested or fairway crested--Agropyron cristatum (L.) Gaertn.
Wheatgrass, crested or standard crested--Agropyron desertorum (Link) 
Schult.
Wheatgrass, intermediate--Elytrigia intermedia (Host) Nevski subsp. 
intermedia
Wheatgrass, pubescent--Elytrigia intermedia (Host) Nevski subsp. 
intermedia
Wheatgrass, Siberian--Agropyron fragile (Roth) Candargy subsp. sibiricum 
(Willd.) Meld.
Wheatgrass, slender--Elymus trachycaulus (Link) Shinn.
Wheatgrass, streambank--Elymus lanceolatus (Scribn. and J.G. Smith) 
Gould subsp. lanceolatus
Wheatgrass, tall--Elytrigia elongata (Host) Nevski
Wheatgrass, western--Pascopyrum smithii (Rydb.) A. Love
Wildrye, basin--Leymus cinereus (Scribn. and Merr.) A. Love
Wildrye, Canada--Elymus canadensis L.
Wildrye, Russian--Psathyrostachys juncea (Fisch.) Nevski
Zoysia japonica--(see Japanese lawngrass)
Zoysia matrella--(see Manilagrass)


[[Page 485]]


    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    APHIS inspector. Any employee of the Animal and Plant Health 
Inspection Service or any other individual authorized by the 
Administrator to enforce this part.
    Coated Seed. Any seed unit covered with any substance that changes 
the size, shape, or weight of the original seed. Seeds coated with 
ingredients such as, but not limited to, rhizobia, dyes, and pesticides 
are excluded.
    Declaration. A written statement of a grower, shipper, processor, 
dealer, or importer giving for any lot of seed the kind, variety, type, 
origin, or the use for which the seed is intended.
    Hybrid. When applied to kinds or varieties of seed means the first 
generation seed of a cross produced by controlling the pollination and 
by combining two or more inbred lines; one inbred or a single cross with 
an open-pollinated variety; or two selected clones, seed lines, 
varieties, or species. ``Controlling the pollination'' means to use a 
method of hybridization that will produce pure seed that is at least 75 
percent hybrid seed. Hybrid designations shall be treated as variety 
names.
    Import/importation. To bring into the territorial limits of the 
United States.
    Kind. One or more related species or subspecies that singly or 
collectively is known by one common name, e.g., soybean, flax, or 
carrot.
    Lot of seed. A definite quantity of seed identified by a lot number, 
every portion or bag of which is uniform, within permitted tolerances, 
for the factors that appear in the labeling.
    Mixture. Seeds consisting of more than one kind or variety, each 
present in excess of 5 percent of the whole.
    Official seed laboratory. An official laboratory member of the 
Association of Official Seed Analysts.
    Pelleted seed. Any seed unit covered with a substance that changes 
the size, shape, or weight of the original seed in order to improve the 
plantability or singulation of the seed.
    Person. Any individual, partnership, corporation, company, society, 
association, receiver, trustee, or other legal entity or organized 
group.
    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 territorial limits of the United 
States, and where inspection of articles is carried out by APHIS 
inspectors.
    Registered seed technologist. A registered member of the Society of 
Commercial Seed Technologists.
    Screenings. Chaff, sterile florets, immature seed, weed seed, inert 
matter, and any other materials removed in any way from any seeds in any 
kind of cleaning or processing and which contains less than 25 percent 
of live agricultural or vegetable seeds.
    State. Any State, the District of Columbia, American Samoa, Guam, 
the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the 
United States, and any other territory or possession of the United 
States.
    United States. All of the States.
    Variety. A subdivision of a kind which is characterized by growth, 
plant, fruit, seed, or other characteristics by which it can be 
differentiated from other sorts of the same kind.
    Vegetable seed. The seed of the following kinds and varieties that 
are or may be grown in gardens or on truck farms and are or may be 
generally known and sold under the name of vegetable seed:

Artichoke--Cynara cardunculus L. subsp. cardunculus
Asparagus--Asparagus officinalis Baker
Asparagusbean or yard-long bean--Vigna unguiculata (L.) Walp. subsp. 
sesquipedalis (L.) Verdc.
Bean, garden--Phaseolus vulgaris L.
Bean, lima--Phaseolus lunatus L.
Bean, runner or scarlet runner--Phaseolus coccineus L.
Beet--Beta vulgaris L. subsp. vulgaris
Broadbean--Vicia faba L.
Broccoli--Brassica oleracea L. var. botrytis L.
Brussels sprouts--Brassica oleracea L. var. gemmifera DC.
Burdock, great--Arctium lappa L.
Cabbage--Brassica oleracea L. var. capitata L.
Cabbage, Chinese--Brassica rapa L. subsp. pekinensis (Lour.) Hanelt
Cabbage, tronchuda--Brassica oleracea L. var. costata DC.
Cantaloupe--(see Melon)
Cardoon--Cynara cardunculus L. subsp. cardunculus
Carrot--Daucus carota L. subsp. sativus (Hoffm.) Arcang.

[[Page 486]]

Cauliflower--Brassica oleracea L. var. botrytis L.
Celeriac--Apium graveolens L. var. rapaceum (Mill.) Gaud.
Celery--Apium graveolens L. var. dulce (Mill.) Pers.
Chard, Swiss--Beta vulgaris L. subsp. cicla (L.) Koch
Chicory--Cichorium intybus L.
Chives--Allium schoenoprasum L.
Citron--Citrullus lanatus (Thunb.) Matsum. and Nakai var. citroides 
(Bailey) Mansf.
Collards--Brassica oleracea L. var. acephala DC.
Corn, sweet--Zea mays L.
Cornsalad--Valerianella locusta (L.) Laterrade
Cowpea--Vigna unguiculata (L.) Walp. subsp. unguiculata
Cress, garden--Lepidium sativum L.
Cress, upland--Barbarea verna (Mill.) Asch.
Cress, water--Rorippa nasturtium-aquaticum (L.) Hayek
Cucumber--Cucumis sativus L.
Dandelion--Taraxacum officinale Wigg.
Dill--Anethum graveolens L.
Eggplant--Solanum melongena L.
Endive--Cichorium endivia L.
Gherkin, West India--Cucumis anguria L.
Kale--Brassica oleracea L. var. acephala DC.
Kale, Chinese--Brassica oleracea L. var. alboglabra (Bailey) Musil
Kale, Siberian--Brassica napus L. var. pabularia (DC.) Reichb.
Kohlrabi--Brassica oleracea L. var. gongylodes L.
Leek--Allium porrum L.
Lettuce--Lactuca sativa L.
Melon--Cucumis melo L.
Muskmelon--(see Melon).
Mustard, India--Brassica juncea (L.) Czernj. and Coss.
Mustard, spinach--Brassica perviridis (Bailey) Bailey
Okra--Abelmoschus esculentus (L.) Moench
Onion--Allium cepa L.
Onion, Welsh--Allium fistulosum L.
Pak-choi--Brassica rapa L. subsp. chinensis (L.) Hanelt
Parsley--Petroselinum crispum (Mill.) A.W. Hill
Parsnip--Pastinaca sativa L.
Pea--Pisum sativum L.
Pepper--Capsicum spp.
Pe-tsai--(see Chinese cabbage).
Pumpkin--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima 
Duchesne
Radish--Raphanus sativus L.
Rhubarb--Rheum rhabarbarum L.
Rutabaga--Brassica napus L. var. napobrassica (L.) Reichb.
Sage--Salvia officinalis L.
Salsify--Tragopogon porrifolius L.
Savory, summer--Satureja hortensis L.
Sorrel--Rumex acetosa L.
Southernpea--(see Cowpea).
Soybean--Glycine max (L.) Merr.
Spinach--Spinacia oleracea L.
Spinach, New Zealand--Tetragonia tetragonioides (Pall.) Ktze.
Squash--Cucurbita pepo L., C. moschata (Duchesne) Poiret, and C. maxima 
Duchesne
Tomato--Lycopersicon esculentum Mill.
Tomato, husk--Physalis pubescens L.
Turnip--Brassica rapa L. subsp. rapa
Watermelon--Citrullus lanatus (Thunb.) Matsum. and Nakai var. lanatus



Sec. 361.2  General restrictions on the importation of seed and screenings.

    (a) No person shall import any agricultural seed, vegetable seed, or 
screenings into the United States unless the importation is in 
compliance with this part.
    (b) Any agricultural seed, vegetable seed, or screenings imported 
into the United States not in compliance with this part shall be subject 
to exportation, destruction, disposal, or any remedial measures that the 
Administrator determines are necessary to prevent the dissemination into 
the United States of noxious weeds.
    (c) Except as provided in Sec. 361.7(b), coated or pelleted seed may 
enter the United States only if each lot of seed is accompanied by an 
officially drawn and sealed sample of seed drawn from the lot before the 
seed was coated or pelleted. The sample must be drawn in a manner 
consistent with that described in Sec. 361.5 of this part.
    (d) Except as provided in Secs. 361.4(a)(3) and 361.7(c), screenings 
of all agricultural seed and vegetable seed are prohibited entry into 
the United States.



Sec. 361.3  Declarations and labeling.

    (a) All lots of agricultural seed, vegetable seed, and screenings 
imported into the United States must be accompanied by a declaration 
from the importer of the seed or screenings. The declaration must state 
the kind, variety, and origin of each lot of seed or screenings and the 
use for which the seed or screenings are being imported.
    (b) Each container of agricultural seed and vegetable seed imported 
into the United States for seeding (planting) purposes must be labeled 
to indicate the identification code or designation for the lot of seed; 
the name of each kind or kind and variety of agricultural seed or the 
name of each kind and variety of vegetable seed present in the lot in 
excess of 5 percent of the

[[Page 487]]

whole; and the designation ``hybrid'' when the lot contains hybrid seed. 
Kind and variety names used on the label shall conform to the kind and 
variety names used in the definitions of ``agricultural seed'' and 
``vegetable seed'' in Sec. 361.1. If any seed in the lot has been 
treated, each container must be further labeled, in type no smaller than 
8 point, as follows:
    (1) The label must indicate that the seed has been treated and 
provide the name of the substance or process used to treat the seed. 
Substance names used on the label shall be the commonly accepted coined, 
chemical (generic), or abbreviated chemical name.
    (i) Commonly accepted coined names are commonly recognized as names 
of particular substances, e.g., thiram, captan, lindane, and dichlone.
    (ii) Examples of commonly accepted chemical (generic) names are 
blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, 
hexachlorobenzene, and ethyl mercury acetate. The terms ``mercury'' or 
``mercurial'' may be used in labeling all types of mercurials.
    (iii) Examples of commonly accepted abbreviated chemical names are 
BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl 
trichloroethane).
    (2) If the seed has been treated with a mercurial or similarly toxic 
substance harmful to humans and vertebrate animals, the label must 
include a representation of a skull and crossbones and a statement 
indicating that the seed has been treated with poison. The skull and 
crossbones must be at least twice the size of the type used for the 
information provided on the label, and the poison warning statement must 
be written in red letters on a background of distinctly contrasting 
color. Mercurials and similarly toxic substances include the following:

Aldrin, technical
Demeton
Dieldrin
p-Dimethylaminobenzenediazo sodium sulfonate
Endrin
Ethion
Heptachlor
Mercurials, all types
Parathion
Phorate
Toxaphene
O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate
O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate

    (3) If the seed has been treated with a substance other than one 
classified as a mercurial or similarly toxic substance under paragraph 
(b)(2) of this section, and the amount remaining with the seed is 
harmful to humans or other vertebrate animals, the label must indicate 
that the seed is not to be used for food, feed, or oil purposes. Any 
amount of any substance used to treat the seed that remains with the 
seed will be considered harmful when the seed is in containers of more 
than 4 ounces, except that the following substances will not be deemed 
harmful when present at a rate less than the number of parts per million 
(p/m) indicated:

Allethrin--2 p/m
Malathion--8 p/m
Methoxyclor--2 p/m
Piperonyl butoxide--20 p/m (8 p/m on oat and sorghum)
Pyrethrins--3 p/m (1 p/m on oat and sorghum)

    (c) In the case of seed in bulk, the information required under 
paragraph (b) of this section shall appear in the invoice or other 
records accompanying and pertaining to such seed. If the seed is in 
containers and in quantities of 20,000 pounds or more, regardless of the 
number of lots included, the information required on each container 
under paragraph (b) of this section need not be shown on each container 
if each container has stenciled upon it or bears a label containing a 
lot designation and the invoice or other records accompanying and 
pertaining to such seed bear the various statements required for the 
respective seeds.
    (d) Each container of agricultural seed and vegetable seed imported 
into the United States for cleaning need not be labeled to show the 
information required under paragraph (b) of this section if:
    (1) The seed is in bulk;
    (2) The seed is in containers and in quantities of 20,000 pounds or 
more, regardless of the number of lots involved,

[[Page 488]]

and the invoice or other records accompanying and pertaining to the seed 
show that the seed is for cleaning; or
    (3) The seed is in containers and in quantities of less than 20,000 
pounds, and each container carries a label that bears the words ``Seed 
for cleaning.''



Sec. 361.4  Inspection at the port of first arrival.

    (a) All agricultural seed, vegetable seed, and screenings imported 
into the United States shall be made available for examination by an 
APHIS inspector at the port of first arrival and shall remain at the 
port of first arrival until released by an APHIS inspector. Lots of 
agricultural seed, vegetable seed, or screenings may enter the United 
States without meeting the sampling requirements of paragraph (b) of 
this section if the lot is:
    (1) Seed that is not being imported for seeding (planting) purposes 
and the declaration required by Sec. 361.3(a) states the purpose for 
which the seed is being imported;
    (2) Seed that is being shipped in bond through the United States;
    (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, 
field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, 
field peas, or field beans that are not being imported for seeding 
(planting) purposes and the declaration accompanying the screenings as 
required under Sec. 361.2(a) indicates that the screenings are being 
imported for processing or manufacturing purposes;
    (4) Seed that is being imported for sowing for experimental or 
breeding purposes, is not for sale, is limited in quantity to the amount 
indicated in column 3 of table 1 of Sec. 361.5, and is accompanied by a 
declaration stating the purpose for which it is being imported (seed 
imported for increase purposes only will not be considered as being 
imported for experimental or breeding purposes); or
    (5) Seed that was grown in the United States, exported, and is now 
returning to the United States, provided that the person importing the 
seed into the United States furnishes APHIS with the following 
documentation:
    (i) Export documents indicating the quantity of seed and number of 
containers, the date of exportation from the United States, the 
distinguishing marks on the containers at the time of exportation, and 
the name and address of the United States exporter;
    (ii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not admitted into the commerce of that country; and
    (iii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not commingled with other seed after being exported to that country.
    (b) Except as provided in Secs. 361.5(a)(2) and 361.7, samples will 
be taken from all agricultural seed and vegetable seed imported into the 
United States for seeding (planting) purposes prior to being released 
into the commerce of the United States.
    (1) Samples of seed will be taken from each lot of seed in 
accordance with Sec. 361.5 to determine whether any seeds of noxious 
weeds listed in Sec. 361.6(a) are present. If seeds of noxious weeds are 
present at a level higher than the tolerances set forth in 
Sec. 361.6(b), the lot of seed will be deemed to be adulterated and will 
be rejected for entry into the United States for seeding (planting) 
purposes. Once deemed adulterated, the lot of seed must be:
    (i) Exported from the United States;
    (ii) Destroyed under the monitoring of an APHIS inspector;
    (iii) Cleaned under APHIS monitoring at a seed-cleaning facility 
that is operated in accordance with Sec. 361.8(a); or
    (iv) If the lot of seed is adulterated with the seeds of a noxious 
weed listed in Sec. 361.6(a)(2), the seed may be allowed entry into the 
United States for feeding or manufacturing purposes, provided the 
importer withdraws the original declaration and files a new declaration 
stating that the seed is being imported for feeding or manufacturing 
purposes and that no part of the seed will be used for seeding 
(planting) purposes.
    (2) Seed deemed adulterated may not be mixed with any other seed 
unless the Administrator determines that two

[[Page 489]]

or more lots of seed deemed adulterated are of substantially the same 
quality and origin. In such cases, the Administrator may allow the 
adulterated lots of seed to be mixed for cleaning as provided in 
paragraph (b)(1)(iii) of this section.
    (3) If the labeling of a lot of seed is false or misleading in any 
respect, the seed will be rejected for entry into the United States. A 
falsely labeled lot of seed must be:
    (i) Exported from the United States;
    (ii) Destroyed under the monitoring of an APHIS inspector; or
    (iii) The seed may be allowed entry into the United States if the 
labeling is corrected under the monitoring of an APHIS inspector to 
accurately reflect the character of the lot of seed.



Sec. 361.5  Sampling of seeds.

    (a) Sample sizes. As provided in Sec. 361.4(b), samples of seed will 
be taken from each lot of seed being imported for seeding (planting) 
purposes to determine whether any seeds of noxious weeds listed in 
Sec. 361.6(a) are present. The samples shall be drawn in the manner 
described in paragraphs (b) and (c) of this section. Unused portions of 
samples of rare or expensive seeds will be returned by APHIS upon 
request of the importer.
    (1) A minimum sample of not less than 1 quart shall be drawn from 
each lot of agricultural seed; a minimum sample of not less than 1 pint 
shall be drawn from each lot of vegetable seed, except that a sample of 
\1/4\ pint will be sufficient for a vegetable seed importation of 5 
pounds or less. The minimum sample shall be divided repeatedly until a 
working sample of proper weight has been obtained. If a mechanical 
divider cannot be used or is not available, the sample shall be 
thoroughly mixed, then placed in a pile; the pile shall be divided 
repeatedly into halves until a working sample of the proper weight 
remains. The weights of the working samples for noxious weed examination 
for each lot of seed are shown in column 1 of table 1 of this section. 
If the lot of seed is a mixture, the following methods shall be used to 
determine the weight of the working sample:
    (i) If the lot of seed is a mixture consisting of one predominant 
kind of seed or a group of kinds of similar size, the weight of the 
working sample shall be the weight shown in column 1 of table 1 of this 
section for the kind or group of kinds that comprises more than 50 
percent of the sample.
    (ii) If the lot of seed is a mixture consisting of two or more kinds 
or groups of kinds of different sizes, none of which comprises over 50 
percent of the sample, the weight of the working sample shall be the 
weighted average (to the nearest half gram) of the weight shown in 
column 1 of table 1 of this section for each of the kinds that comprise 
the sample, as determined by the following method:
    (A) Multiply the percentage of each component of the mixture 
(rounded off to the nearest whole number) by the sample sizes shown in 
column 1 of table 1 of this section;
    (B) Add all these products;
    (C) Total the percentages of all components of the mixtures; and
    (D) Divide the sum in paragraph (a)(1)(ii)(B) of this section by the 
total in paragraph (a)(1)(ii)(C) of this section.
    (2) It is not ordinarily practical to sample and test small lots of 
seed offered for entry. The maximum sizes of lots of each kind of seed 
not ordinarily sampled are shown in column 2 of table 1 of this section.
    (3) The maximum sizes of lots of each kind of seed allowed entry 
without sampling for sowing for experimental or breeding purposes as 
provided in Sec. 361.4(a)(4) are shown in column 3 of table 1 of this 
section.

[[Page 490]]



                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                                               Maximum weight of
                                                                                                    seed lot
                                                           Working weight   Maximum weight of   permitted entry
                                                          for noxious weed     seed lot not     for experimental
                      Name of seed                          examination         ordinarily        or breeding
                                                              (grams)       sampled  (pounds)   purposes without
                                                                                                    sampling
                                                                                                    (pounds)
                                                                       (1)                (2)                (3)
----------------------------------------------------------------------------------------------------------------
VEGETABLE SEED:
    Artichoke..........................................                500                 25                 50
    Asparagus..........................................                500                 25                 50
    Asparagusbean......................................                500                 25                 50
    Bean...............................................                                    25                200
        Garden.........................................                500                100                500
        Lima...........................................                500                 25                200
        Runner.........................................                500                 25                200
    Beet...............................................                300                 25                 50
    Broadbean..........................................                500                 25                200
    Broccoli...........................................                 50                  5                 10
    Brussels sprouts...................................                 50                  5                 10
    Burdock, great.....................................                150                 10                 50
    Cabbage............................................                 50                  5                 10
    Cabbage, Chinese...................................                 50                  5                 10
    Cabbage, tronchuda.................................                100                  5                 10
    Cantaloupe (see Melon).............................
    Cardoon............................................                500                 25                 50
    Carrot.............................................                 50                  5                 10
    Cauliflower........................................                 50                  5                 10
    Celeriac...........................................                 25                  5                 10
    Celery.............................................                 25                  5                 10
    Chard, Swiss.......................................                300                 25                 50
    Chicory............................................                 50                  5                 10
    Chives.............................................                 50                  5                 10
    Citron.............................................                500                 25                 50
    Collards...........................................                 50                  5                 10
    Corn, sweet........................................                500                 25                200
    Cornsalad..........................................                 50                  5                 10
    Cowpea.............................................                500                 25                200
    Cress, garden......................................                 50                  5                 10
    Cress, upland......................................                 35                  5                 10
    Cress, water.......................................                 25                  5                 10
    Cucumber...........................................                500                 25                 50
    Dandelion..........................................                 35                  5                 10
    Dill...............................................                 50                  5                 10
    Eggplant...........................................                 50                  5                 10
    Endive.............................................                 50                  5                 10
    Gherkin, West India................................                160                 25                 50
    Kale...............................................                 50                  5                 10
    Kale, Chinese......................................                 50                  5                 10
    Kale, Siberian.....................................                 80                  5                 10
    Kohlrabi...........................................                 50                  5                 10
    Leek...............................................                 50                  5                 10
    Lettuce............................................                 50                  5                 10
    Melon..............................................                500                 25                 50
    Mustard, India.....................................                 50                 25                100
    Mustard, spinach...................................                 50                  5                 10
    Okra...............................................                500                 25                 50
    Onion..............................................                 50                  5                 10
    Onion, Welsh.......................................                 50                  5                 10
    Pak-choi...........................................                 50                  5                 10
    Parsley............................................                 50                  5                 10
    Parsnip............................................                 50                  5                 10
    Pea................................................                500                 25                200
    Pepper.............................................                150                  5                 10
 
    Pumpkin............................................                500                 25                 50
    Radish.............................................                300                 25                 50
    Rhubarb............................................                300                  5                 10
    Rutabaga...........................................                 50                  5                 10
    Sage...............................................                150                 25                 50
    Salsify............................................                300                 25                 50
    Savory, summer.....................................                 35                  5                 10
    Sorrel.............................................                 35                  5                 10

[[Page 491]]

 
    Soybean............................................                500                 25                200
    Spinach............................................                150                 25                 50
    Spinach, New Zealand...............................                500                 25                 50
    Squash.............................................                500                 25                 50
    Tomato.............................................                 50                  5                 10
    Tomato, husk.......................................                 35                  5                 10
    Turnip.............................................                 50                  5                 10
    Watermelon.........................................                500                 25                 50
AGRICULTURAL SEED:
    Agrotricum.........................................                500                100                500
    Alfalfa............................................                 50                 25                100
    Alfilaria..........................................                 50                 25                100
    Alyceclover........................................                 50                 25                100
    Bahiagrass.........................................                 50                 25                100
    Barrelclover.......................................                100                 25                100
    Barley.............................................                500                100                500
    Bean, adzuki.......................................                500                100                500
    Bean, field........................................                500                100                500
    Bean, mung.........................................                500                100                500
    Bean (see Velvetbean)..............................
    Beet, field........................................                500                100                500
    Beet, sugar........................................                500                100              1,000
    Beggarweed.........................................                 50                 25                100
    Bentgrass, colonial................................                2.5                 25                100
    Bentgrass, creeping................................                2.5                 25                100
    Bentgrass, velvet..................................                2.5                 25                100
    Bermudagrass.......................................                 10                 25                100
    Bermudagrass, giant................................                 10                 25                100
    Bluegrass, annual..................................                 10                 25                100
    Bluegrass, bulbous.................................                 40                 25                100
    Bluegrass, Canada..................................                  5                 25                100
    Bluegrass, glaucantha..............................                 10                 25                100
    Bluegrass, Kentucky................................                 10                 25                100
    Bluegrass, Nevada..................................                 10                 25                100
    Bluegrass, rough...................................                  5                 25                100
    Bluegrass, Texas...................................                 10                 25                100
    Bluegrass, wood....................................                  5                 25                100
    Bluejoint..........................................                  5                 25                100
    Bluestem, big......................................                 70                 25                100
    Bluestem, little...................................                 50                 25                100
    Bluestem, sand.....................................                100                 25                100
    Bluestem, yellow...................................                 10                 25                100
    Bottlebrush-squirreltail...........................                 90                 25                100
    Brome, field.......................................                 50                 25                100
    Brome, meadow......................................                130                 25                100
    Brome, mountain....................................                200                 25                100
    Brome, smooth......................................                 70                 25                100
    Broomcorn..........................................                400                100                500
    Buckwheat..........................................                500                100                500
    Buffalograss:
        (Burs).........................................                200                 25                100
        (Caryopses)....................................                 30                 25                100
    Buffelgrass:
        (Fascicles)....................................                 66                 25                100
        (Caryopses)....................................                 20                 25                100
    Burclover, California:
        (In bur).......................................                500                100                500
        (Out of bur)...................................                 70                 25                100
    Burclover, spotted:
        (In bur).......................................                500                100                500
        (Out of bur)...................................                 50                 25                100
    Burnet, little.....................................                250                 25                100
    Buttonclover.......................................                 70                 25                100
    Canarygrass........................................                200                 25                100
    Canarygrass, reed..................................                 20                 25                100

[[Page 492]]

 
    Carpetgrass........................................                 10                 25                100
    Castorbean.........................................                500                100                500
    Chess, soft........................................                 50                 25                100
    Chickpea...........................................                500                100                500
    Clover, alsike.....................................                 20                 25                100
    Clover, arrowleaf..................................                 40                 25                100
    Clover, berseem....................................                 50                 25                100
    Clover, cluster....................................                 10                 25                100
    Clover, crimson....................................                100                 25                100
    Clover, Kenya......................................                 20                 25                100
    Clover, Ladino.....................................                 20                 25                100
    Clover, Lappa......................................                 20                 25                100
    Clover, large hop..................................                 10                 25                100
    Clover, Persian....................................                 20                 25                100
    Clover, red........................................                 50                 25                100
    Clover, rose.......................................                 70                 25                100
    Clover, small hop (suckling).......................                 20                 25                100
    Clover, strawberry.................................                 50                 25                100
    Clover, sub (subterranean).........................                250                 25                100
    Clover, white......................................                 20                 25                100
    Corn, field........................................                500                100              1,000
    Corn, pop..........................................                500                100              1,000
    Cotton.............................................                500                100                500
    Cowpea.............................................                500                100                500
    Crambe.............................................                250                 25                100
    Crested dogtail....................................                 20                 25                100
    Crotalaria, lance..................................                 70                 25                100
    Crotalaria, showy..................................                250                 25                100
    Crotalaria, slenderleaf............................                100                 25                100
    Crotalaria, striped................................                100                 25                100
    Crotalaria, Sunn...................................                500                 25                100
    Crownvetch.........................................                100                 25                100
    Dallisgrass........................................                 40                 25                100
    Dichondra..........................................                 50                 25                100
    Dropseed, sand.....................................                2.5                 25                100
    Emmer..............................................                500                100                500
    Fescue, Chewings...................................                 30                 25                100
    Fescue, hair.......................................                 10                 25                100
    Fescue, hard.......................................                 20                 25                100
    Fescue, meadow.....................................                 50                 25                100
    Fescue, red........................................                 30                 25                100
    Fescue, sheep......................................                 20                 25                100
    Fescue, tall.......................................                 50                 25                100
    Flax...............................................                150                 25                100
    Galletagrass:
        (Other than caryopses).........................                100                 25                100
        (Caryopses)....................................                 50                 25                100
    Grama, blue........................................                 20                 25                100
    Grama, side-oats:
        (Other than caryopses).........................                 60                 25                100
        (Caryopses)....................................                 20                 25                100
    Guar...............................................                500                 25                100
    Guineagrass........................................                 20                 25                100
    Hardinggrass.......................................                 30                 25                100
    Hemp...............................................                500                100                500
    Indiangrass, yellow................................                 70                 25                100
    Indigo, hairy......................................                 70                 25                100
    Japanese lawngrass.................................                 20                 25                100
    Johnsongrass.......................................                100                 25                100
    Kenaf..............................................                500                100                500
    Kochia, forage.....................................                 20                 25                100
    Kudzu..............................................                250                 25                100
    Lentil.............................................                500                 25                100
    Lespedeza, Korean..................................                 50                 25                100
    Lespedeza, sericea or Chinese......................                 30                 25                100

[[Page 493]]

 
    Lespedeza, Siberian................................                 30                 25                100
    Lespedeza, striate.................................                 50                 25                100
    Lovegrass, sand....................................                 10                 25                100
    Lovegrass, weeping.................................                 10                 25                100
    Lupine, blue.......................................                500                100                500
    Lupine, white......................................                500                100                500
    Lupine, yellow.....................................                500                100                500
    Manilagrass........................................                 20                 25                100
    Meadow foxtail.....................................                 30                 25                100
    Medick, black......................................                 50                 25                100
    Milkvetch..........................................                 90                 25                100
    Millet, browntop...................................                 80                 25                100
    Millet, foxtail....................................                 50                 25                100
    Millet, Japanese...................................                 90                 25                100
    Millet, pearl......................................                150                 25                100
    Millet, proso......................................                150                 25                100
    Molassesgrass......................................                  5                 25                100
    Mustard, black.....................................                 20                 25                100
    Mustard, India.....................................                 50                 25                100
    Mustard, white.....................................                150                 25                100
    Napiergrass........................................                 50                 25                100
    Needlegrass, green.................................                 70                 25                100
    Oat................................................                500                100                500
    Oatgrass, tall.....................................                 60                 25                100
    Orchardgrass.......................................                 30                 25                100
    Panicgrass, blue...................................                 20                 25                100
    Panicgrass, green..................................                 20                 25                100
    Pea, field.........................................                500                100                500
    Peanut.............................................                500                100                500
    Poa trivialis (see bluegrass, rough)
    Rape, annual.......................................                 70                 25                100
    Rape, bird.........................................                 70                 25                100
    Rape, turnip.......................................                 50                 25                100
    Rape, winter.......................................                100                 25                100
    Redtop.............................................                2.5                 25                100
    Rescuegrass........................................                200                 25                100
    Rhodesgrass........................................                 10                 25                100
    Rice...............................................                500                100                500
    Ricegrass, Indian..................................                 70                 25                100
    Roughpea...........................................                500                100                500
    Rye................................................                500                100                500
    Rye, mountain......................................                280                 25                100
    Ryegrass, annual...................................                 50                 25                100
    Ryegrass, intermediate.............................                 80                 25                100
    Ryegrass, perennial................................                 50                 25                100
    Ryegrass, Wimmera..................................                 50                 25                100
    Safflower..........................................                500                100                500
    Sagewort, Louisiana................................                  5                 25                100
    Sainfoin...........................................                500                100                500
    Saltbush, fourwing.................................                150                 25                100
    Seasame............................................                 70                 25                100
    Sesbania...........................................                250                 25                100
    Smilo..............................................                 20                 25                100
    Sorghum............................................                500                100              1,000
    Sorghum almum......................................                150                 25                100
    Sorghum-sudangrass hybrid..........................                500                100              1,000
    Sorgrass...........................................                150                 25                100
    Sourclover.........................................                 50                 25                100
    Soybean............................................                500                100                500
    Spelt..............................................                500                100                500
    Sudangrass.........................................                250                 25                100
    Sunflower..........................................                500                100                500
    Sweetclover, white.................................                 50                 25                100
    Sweetclover, yellow................................                 50                 25                100
    Sweet vernalgrass..................................                 20                 25                100

[[Page 494]]

 
    Sweetvetch, northern...............................                190                 25                100
    Switchgrass........................................                 40                 25                100
    Timothy............................................                 10                 25                100
    Timothy, turf......................................                 10                 25                100
    Tobacco............................................                  5                  1                  1
    Trefoil, big.......................................                 20                 25                100
    Trefoil, birdsfoot.................................                 30                 25                100
    Triticale..........................................                500                100                500
    Vaseygrass.........................................                 30                 25                100
    Veldtgrass.........................................                 40                 25                100
    Velvetbean.........................................                500                100                500
    Velvetgrass........................................                 10                 25                100
    Vetch, common......................................                500                100                500
    Vetch, hairy.......................................                500                100                500
    Vetch, Hungarian...................................                500                100                500
    Vetch, Monantha....................................                500                100                500
    Vetch, narrowleaf..................................                500                100                500
    Vetch, purple......................................                500                100                500
    Vetch, woolypod....................................                500                100                500
    Wheat, common......................................                500                100                500
    Wheat, club........................................                500                100                500
    Wheat, durum.......................................                500                100                500
    Wheat, Polish......................................                500                100                500
    Wheat, poulard.....................................                500                100                500
    WheatxAgrotricum...................................                500                100                500
    Wheatgrass, beardless..............................                 80                 25                100
    Wheatgrass, fairway crested........................                 40                 25                100
    Wheatgrass, standard crested.......................                 50                 25                100
    Wheatgrass, intermediate...........................                150                 25                100
    Wheatgrass, pubescent..............................                150                 25                100
    Wheatgrass, Siberian...............................                 50                 25                100
    Wheatgrass, slender................................                 70                 25                100
    Wheatgrass, streambank.............................                 50                 25                100
    Wheatgrass, tall...................................                150                 25                100
    Wheatgrass, western................................                100                 25                100
    Wildrye, basin.....................................                 80                 25                100
    Wild-rye, Canada...................................                110                 25                100
    Wild-rye, Russian..................................                 60                 25                100
    Zoysia Japonica (see Japanese lawngrass)
    Zoysia matrella (see Manilagrass)
----------------------------------------------------------------------------------------------------------------

    (b) Method of sampling. (1) When an importation consists of more 
than one lot, each lot shall be sampled separately.
    (2) For lots of six or fewer bags, each bag shall be sampled. A 
total of at least five trierfuls shall be taken from the lot.
    (3) For lots of more than six bags, five bags plus at least 10 
percent of the number of bags in the lot shall be sampled. (Round off 
numbers with decimals to the nearest whole number, raising 0.5 to the 
next whole number.) Regardless of the lot size, it is not necessary to 
sample more than 30 bags.
    (4) When the lot of seed to be sampled is comprised of seed in small 
containers that cannot practically be sampled as described in paragraph 
(b)(2) or (b)(3) of this section, entire unopened containers may be 
taken in sufficient number to supply a sample that meets the minimum 
size requirements of paragraph (a)(1) of this section.
    (c) Drawing samples. Samples will not be drawn unless each container 
is labeled to show the lot designation and the name of the kind and 
variety of each agricultural seed, or kind and variety of each vegetable 
seed, appearing on the invoice and other entry papers,

[[Page 495]]

and a declaration has been filed by the importer as required under 
Sec. 361.2(a). In order to secure a representative sample, an APHIS 
inspector will draw equal portions from evenly distributed parts of the 
quantity of seed to be sampled; the APHIS inspector, therefore, must be 
given access to all parts of that quantity.
    (1) For free-flowing seed in bags or in bulk, a probe or trier shall 
be used. For small free-flowing seed in bags, a probe or trier long 
enough to sample all portions of the bag shall be used. When drawing 
more than one trierful of seed from a bag, a different path through the 
seed shall be used when drawing each sample.
    (2) For non-free-flowing seed in bags or bulk that may be difficult 
to sample with a probe or trier, samples shall be obtained by thrusting 
one's hand into the seed and withdrawing representative portions. The 
hand shall be inserted in an open position with the fingers held closely 
together while the hand is being inserted and the portion withdrawn. 
When more than one handful is taken from a bag, the handfuls shall be 
taken from well-separated points.
    (3) When more than one sample is drawn from a single lot, the 
samples may be combined into a composite sample unless it appears that 
the quantity of seed represented as a lot is not of uniform quality, in 
which case the separate samples shall be forwarded together, but without 
being combined into a composite sample.
    (d) In most cases, samples will be drawn and examined by an APHIS 
inspector at the port of first arrival. The APHIS inspector may release 
a shipment if no contaminants are found and the labeling is sufficient. 
If contaminants are found or the labeling of the seed is insufficient, 
the APHIS inspector may forward the sample to the USDA Seed Examination 
Facility (SEF), Beltsville, MD, for analysis, testing, or examination. 
APHIS will notify the owner or consignee of the seed that samples have 
been drawn and forwarded to the SEF and that the shipment must be held 
intact pending a decision by APHIS as to whether the seed is within the 
noxious weed seed tolerances of Sec. 361.6 and is accurately labeled. If 
the decision pending is with regard to the noxious weed seed content of 
the seed and the seed has been determined to be accurately labeled, the 
seed may be released for delivery to the owner or consignee under the 
following conditions:
    (1) The owner or consignee executes with Customs either a Customs 
single-entry bond or a Customs term bond, as appropriate, in such amount 
as is prescribed by applicable Customs regulations;
    (2) The bond must contain a condition for the redelivery of the seed 
or any part thereof upon demand of the Port Director of Customs at any 
time;
    (3) Until the seed is approved for entry upon completion of APHIS' 
examination, the seed must be kept intact and not tampered with in any 
way, or removed from the containers except under the monitoring of an 
APHIS inspector; and
    (4) The owner or consignee must keep APHIS informed as to the 
location of the seed until it is finally entered into the commerce of 
the United States.



Sec. 361.6  Noxious weed seeds.

    (a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of 
this section shall be considered noxious weed seeds.
    (1) Seeds with no tolerances applicable to their introduction:

Aeginetia spp.
Ageratina adenophora (Sprengel) King & Robinson
Alectra spp.
Alternanthera sessilis (L.) R. Brown ex de Candolle
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Durieu)
Azolla pinnata R. Brown
Carthamus oxyacantha M. Bieberstein
Caulerpa taxifolia (Mediterranean clone)
Chrysopogon aciculatus (Retzius) Trinius
Commelina benghalensis L.
Crupina vulgaris Cassini
Cuscuta spp.
Digitaria abyssinica (=D. scalarum)
Digitaria velutina (Forsskal) Palisot de Beauvois
Drymaria arenarioides Humboldt & Bonpland ex Roemer & Schultes
Eichhornia azurea (Swartz) Kunth
Emex australis Steinheil
Emex spinosa (L.) Campdera
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Homeria spp.

[[Page 496]]

Hydrilla verticillata (Linnaeus f.) Royle
Hygrophila polysperma T. Anderson
Imperata brasiliensis Trinius
Imperata cylindrica (L.) Raeuschel
Ipomoea aquatica Forsskal
Ischaemum rugosum Salisbury
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burman f.) B. L. Robinson
Mikania micrantha Humboldt, Bonpland, & Kunth
Mimosa invisa Martius
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Solms-Laubach
Monochoria vaginalis (Burman f.) C. Presl
Nassella trichotoma (Nees) Hackel ex Arechavaleta
Opuntia aurantiaca Lindley
Orobanche spp.
Oryza longistaminata A. Chevalier & Roehrich
Oryza punctata Kotschy ex Steudel
Oryza rufipogon Griffith
Ottelia alismoides (L.) Pers.
Paspalum scrobiculatum L.
Pennisetum clandestinum Hochstetter ex Chiovenda
Pennisetum macrourum Trinius
Pennisetum pedicellatum Trinius
Pennisetum polystachion (L.) Schultes
Prosopis alapataco R. A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart
Prosopis calingastana Burkart
Prosopis campestris Grisebach
Prosopis castellanosii Burkart
Prosopis denudans Bentham
Prosopis elata (Burkart) Burkart
Prosopis farcta (Solander ex Russell) Macbride
Prosopis ferox Grisebach
Prosopis fiebrigii Harms
Prosopis hassleri Harms
Prosopis humilis Gillies ex Hooker & Arnott
Prosopis kuntzei Harms
Prosopis pallida (Humboldt & Bonpland ex Willdenow) Humboldt, Bonpland, 
& Kunth
Prosopis palmeri S. Watson
Prosopis reptans Bentham var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Grisebach
Prosopis sericantha Gillies ex Hooker & Arnott
Prosopis strombulifera (Lamarck) Bentham
Prosopis torquata (Cavanilles ex Lagasca y Segura) de Candolle
Rottboellia cochinchinensis (Lour.) W. Clayon
Rubus fruticosus L. (complex)
Rubus moluccanus L.
Saccharum spontaneum L.
Sagittaria sagittifolia L.
Salsola vermiculata L.
Salvinia auriculata Aublet
Salvinia biloba Raddi
Salvinia herzogii de la Sota
Salvinia molesta D.S. Mitchell
Setaria pallide-fusca (Schumacher) Stapf & Hubbard
Solanum tampicense Dunal (wetland nightshade)
Solanum torvum Swartz
Solanum viarum Dunal
Sparganium erectum L.
Spermacoce alata (Aublet) de Candolle
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauvois

    (2) Seeds with tolerances applicable to their introduction:

Acroptilon repens (L.) DC. (=Centaurea repens L.) (=Centaurea picris)
Cardaria draba (L.) Desv.
Cardaria pubescens (C. A. Mey.) Jarmol.
Convolvulus arvensis L.
Cirsium arvense (L.) Scop.
Elytrigia repens (L.) Desv. (=Agropyron repens (L.) Beauv.)
Euphorbia esula L.
Sonchus arvensis L.
Sorghum halepense (L.) Pers.

    (b) The tolerance applicable to the prohibition of the noxious weed 
seeds listed in paragraph (a)(2) of this section shall be two seeds in 
the minimum amount required to be examined as shown in column 1 of table 
1 of Sec. 361.5. If fewer than two seeds are found in an initial 
examination, the shipment from which the sample was drawn may be 
entered. If two seeds are found in an initial examination, a second 
sample must be examined. If two or fewer seeds are found in the second 
examination, the shipment from which the samples were drawn may be 
entered. If three or more seeds are found in the second examination, the 
shipment from which the samples were drawn may not be entered. If three 
or more seeds are found in an initial examination, the shipment from 
which the sample was drawn may not be entered.
    (c) Any seed of any noxious weed that can be determined by visual 
inspection (including the use of transmitted light or dissection) to be 
within one of the following categories shall be considered inert matter 
and not counted as a weed seed:
    (1) Damaged seed (other than grasses) with over one half of the 
embryo missing;

[[Page 497]]

    (2) Grass florets and caryopses classed as inert:
    (i) Glumes and empty florets of weedy grasses;
    (ii) Damaged caryopses, including free caryopses, with over one-half 
the root-shoot axis missing (the scutellum excluded);
    (iii) Immature free caryopses devoid of embryo or endosperm;
    (iv) Free caryopses of quackgrass (Elytrigia repens) that are 2 mm 
or less in length; or
    (v) Immature florets of quackgrass (Elytrigia repens) in which the 
caryopses are less than one-third the length of the palea. The caryopsis 
is measured from the base of the rachilla.
    (3) Seeds of legumes (Fabaceae) with the seed coats entirely 
removed.
    (4) Immature seed units, devoid of both embryo and endosperm, such 
as occur in (but not limited to) the following plant families: buckwheat 
(Polygonaceae), morning glory (Convolvulaceae), nightshade (Solanaceae), 
and sunflower (Asteraceae).
    (5) Dodder (Cuscuta spp.) seeds devoid of embryos and seeds that are 
ashy gray to creamy white in color are inert matter. Dodder seeds should 
be sectioned when necessary to determine if an embryo is present, as 
when the seeds have a normal color but are slightly swollen, dimpled, or 
have minute holes.

[62 FR 48460, Sept. 16, 1997, as amended at 64 FR 12884, Mar. 16, 1999; 
65 FR 33743, May 25, 2000]



Sec. 361.7  Special provisions for Canadian-origin seed and screenings.

    (a) In addition to meeting the declaration and labeling requirements 
of Sec. 361.2 and all other applicable provisions of this part, all 
Canadian-origin agricultural seed and Canadian-origin vegetable seed 
imported into the United States from Canada for seeding (planting) 
purposes or cleaning must be accompanied by a certificate of analysis 
issued by the Canadian Food Inspection Agency or by a private seed 
laboratory accredited by the Canadian Food Inspection Agency. Samples of 
seed shall be drawn using sampling methods comparable to those detailed 
in Sec. 361.5 of this part. The seed analyst who examines the seed at 
the laboratory must be accredited to analyze the kind of seed covered by 
the certificate.
    (1) If the seed is being imported for seeding (planting) purposes, 
the certificate of analysis must verify that the seed meets the noxious 
weed seed tolerances of Sec. 361.6. Such seed will not be subject to the 
sampling requirements of Sec. 361.3(b).
    (2) If the seed is being imported for cleaning, the certificate of 
analysis must name the kinds of noxious weed seeds that are to be 
removed from the lot of seed. Seed being imported for cleaning must be 
consigned to a facility operated in accordance with Sec. 361.8(a).
    (b) Coated or pelleted agricultural seed and coated or pelleted 
vegetable seed of Canadian origin may be imported into the United States 
if the seed was analyzed prior to being coated or pelleted and is 
accompanied by a certificate of analysis issued in accordance with 
paragraph (a) of this section.
    (c) Screenings otherwise prohibited under this part may be imported 
from Canada if the screenings are imported for processing or manufacture 
and are consigned to a facility operating under a compliance agreement 
as provided by Sec. 361.8(b).

(Approved by the Office of Management and Budget under control number 
0579-0124)



Sec. 361.8  Cleaning of imported seed and processing of certain Canadian-origin screenings.

    (a) Imported seed that is found to contain noxious weed seeds at a 
level higher than the tolerances set forth in Sec. 361.6(b) may be 
cleaned under the monitoring of an APHIS inspector. The cleaning will be 
at the expense of the owner or consignee.
    (1) At the location where the seed is being cleaned, the identity of 
the seed must be maintained at all times to the satisfaction of the 
Administrator. The refuse from the cleaning must be placed in containers 
and securely sealed and identified. Upon completion of the cleaning, a 
representative sample of the seed will be analyzed by a registered seed 
technologist, an official seed laboratory, or by APHIS; if the seed is 
found to be within the noxious weed tolerances set forth in 
Sec. 361.6(b),

[[Page 498]]

the seed may be allowed entry into the United States;
    (2) The refuse from the cleaning must be destroyed under the 
monitoring of an APHIS inspector at the expense of the owner or 
consignee of the seed.
    (3) Any person engaged in the business of cleaning imported seed may 
enter into a compliance agreement under paragraph (c) of this section to 
facilitate the cleaning of seed imported into the United States under 
this part.
    (b) Any person engaged in the business of processing screenings who 
wishes to process screenings imported from Canada under Sec. 361.7(c) 
that are otherwise prohibited under this part must enter into a 
compliance agreement under paragraph (c) of this section.
    (c) A compliance agreement for the cleaning of imported seed or 
processing of otherwise prohibited screenings from Canada shall be a 
written agreement \1\ between a person engaged in such a business, the 
State in which the business operates, and APHIS, wherein the person 
agrees to comply with the provisions of this part and any conditions 
imposed pursuant thereto. Any compliance agreement may be canceled 
orally or in writing by the APHIS inspector who is monitoring its 
enforcement whenever the inspector finds that the person who entered 
into the compliance agreement has failed to comply with the provisions 
of this part or any conditions imposed pursuant thereto. If the 
cancellation is oral, the decision and the reasons for the decision 
shall be confirmed in writing, as promptly as circumstances permit. Any 
person whose compliance agreement has been canceled may appeal the 
decision to the Administrator, in writing, 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 such 
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. 
Rules of practice concerning such a hearing will be adopted by the 
Administrator.
---------------------------------------------------------------------------

    \1\ Compliance Agreement forms are available without charge from 
Permit Unit, PPQ, APHIS, 4700 River Road Unit 136, Riverdale, MD 20737-
1236, and from local offices of the Plant Protection and Quarantine. 
(Local offices are listed in telephone directories).
---------------------------------------------------------------------------



Sec. 361.9  Recordkeeping.

    (a) Each person importing agricultural seed or vegetable seed under 
this part must maintain a complete record, including copies of the 
declaration and labeling required under this part and a sample of seed, 
for each lot of seed imported. Except for the seed sample, which may be 
discarded 1 year after the entire lot represented by the sample has been 
disposed of by the person who imported the seed, the records must be 
maintained for 3 years following the importation.
    (b) Each sample of vegetable seed and each sample of agricultural 
seed must be at least equal in weight to the sample size prescribed for 
noxious weed seed examination in table 1 of Sec. 361.5.
    (c) An APHIS inspector shall, during normal business hours, be 
allowed to inspect and copy the records.

(Approved by the Office of Management and Budget under control number 
0579-0124)



Sec. 361.10  Costs and charges.

    Unless a user fee is payable under Sec. 354.3 of this chapter, the 
services of an APHIS inspector during regularly assigned hours of duty 
and at the usual places of duty will be furnished without cost. The U.S. 
Department of Agriculture's provisions relating to overtime charges for 
an APHIS inspector's services are set forth in part 354 of this chapter. 
The U.S. Department of Agriculture will not be responsible for any costs 
or charges incident to inspections or compliance with this part, other 
than for the services of the APHIS inspector during regularly assigned 
hours of duty and at the usual places of duty. All expenses incurred by 
the U.S. Department of Agriculture (including travel, per diem or 
subsistence, and salaries of officers or employees of the Department) in 
connection with the monitoring of cleaning, labeling, other 
reconditioning, or destruction of seed, screenings, or refuse under this 
part shall be reimbursed by the owner or consignee of the seed or 
screenings.

[[Page 499]]



PART 370--FREEDOM OF INFORMATION--Table of Contents




Sec.
370.1  Scope and purpose.
370.2  Published materials.
370.3  Index.
370.4  Facilities for inspection and copying.
370.5  Requests for records.
370.6  Appeals.
370.7  Agency response to requests.

    Authority: 5 U.S.C. 552.

    Source: 40 FR 43223, Sept. 19, 1975, unless otherwise noted.



Sec. 370.1  Scope and purpose.

    These regulations are issued pursuant to the Freedom of Information 
Act, as amended (5 U.S.C. 552), and in accordance with the requirements 
of the Department of Agriculture regulations in part 1, subpart A of 
this title. The availability of records of the Animal and Plant Health 
Inspection Service (APHIS), and the procedures by which the public may 
obtain such information, shall be governed by the Department regulations 
as implemented by the regulations in this part. It is the policy of 
APHIS to be an open agency and to promptly make available for public 
inspection any records or information which are required to be released 
under the Act. Material which is exempt from disclosure will also be 
promptly made available when the Agency in its discretion determines 
that release of such material is in the public interest.



Sec. 370.2  Published materials.

    Rules and regulations of APHIS relating to its regulatory 
responsibilities are continuously published in the Federal Register, and 
codified in this chapter III, title 7, and in 9 CFR chapter I. APHIS 
issues publications explaining animal and plant health programs and the 
laws and regulations, including quarantines, under which the programs 
are conducted. These publications are, for the most part available free 
from the Office of Governmental and Public Affairs, USDA, Washington, DC 
20250; or, in some cases from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402, at established rates.

[44 FR 53490, Sept. 14, 1979]



Sec. 370.3  Index.

    Pursuant to the regulations in Sec. 1.4(b) of this title, APHIS will 
maintain and make available for public inspection and copying a current 
index providing identifying information regarding the materials required 
to be published or made available under the Freedom of Information Act 
(5 U.S.C. 552(a)(2)). Notice is hereby given that publication of this 
index is unnecessary and impracticable, since the material is voluminous 
and does not change often enough to justify the expense of publication.



Sec. 370.4  Facilities for inspection and copying.

    Facilities for public inspection and copying of the index and 
materials required to be made available under 5 U.S.C. 552(c)(2) will be 
provided by APHIS, on business days between 8 a.m. and 4:30 p.m. 
Requests for this information should be made to the FOIA Coordinator at 
the following address:

Freedom of Information Act Coordinator, Animal and Plant Health 
Inspection Service, Legislative and Public Affairs, Freedom of 
Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.

    Copies of such material may be obtained in person or by mail. 
Applicable fees for copies will be charged in accordance with the 
regulations prescribed by the Office of Operations and Finance, USDA, 
pursuant to Sec. 2.75 of this title. See Sec. 1.10 and appendix A--Fee 
Schedule in part 1, subtitle A of this title.

[44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 
59 FR 67611, Dec. 30, 1994]



Sec. 370.5  Requests for records.

    (a) Requests for APHIS records or information other than material 
published or made available under the preceding sections, shall be made 
in writing in accordance with 7 CFR 1.3(a) and submitted to the APHIS 
Freedom of Information Act Coordinator at the following address:

Freedom of Information Act Coordinator, (FOIA Request), Animal and Plant 
Health Inspection Service, Legislative and Public Affairs, Freedom of 
Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.


[[Page 500]]


    The request shall identify each record with reasonable specificity 
as prescribed in Sec. 1.3(b) of this title. The APHIS FOIA Coordinator 
is hereby delegated authority to make determinations with respect to 
such requests in accordance with 7 CFR.
    (b) The FOIA Coordinator or his designee is authorized to receive 
requests and to exercise the authority under Sec. 1.4(c) of this title 
to:
    (1) Make determinations to grant or deny requests,
    (2) Extend the administrative deadline,
    (3) Make discretionary releases of exempt records, and
    (4) Make determinations regarding charges pursuant to the fee 
schedule.
    (c) In exercising his authority under Sec. 1.4(c) of this title to 
grant and deny requests, the Coordinator will comply with subsection (b) 
of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which 
requires that any reasonably segregable portion of a document shall be 
provided to a person requesting such document after deletion of any 
portions which are exempt under the Act. Therefore, unless the 
disclosable and non-disclosable portions are so inextricably linked that 
it is not reasonably possible to separate them, the document will be 
released with the non-disclosable portions deleted, except that the 
Coordinator may exercise discretion as limited by Sec. 1.11 of this 
title, to release the entire document, or to make only a minimum number 
of deletions, e.g., the names of individuals.

[40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979; 
51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]



Sec. 370.6  Appeals.

    If the request for information made under Sec. 370.5 is denied in 
whole or in part, the requester may file an appeal pursuant to 
Sec. 1.3(e) of this title. The appeal should be in writing and should be 
addressed as follows:

Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), 
Room 313-E, U.S. Department of Agriculture, Washington, DC 20250.

[44 FR 53490, Sept. 14, 1979]



Sec. 370.7  Agency response to requests.

    (a) The response to requests for information and to appeals shall be 
made in accordance with the Department regulations in Sec. 1.5 of this 
title and the regulations in this part.
    (b) Requests for records and information which have customarily been 
directed to field stations and agency headquarters may continue to be 
directed to those locations, notwithstanding the provisions of these 
regulations. If the information is not available at the location at 
which the request is made, or the official receiving the request is in 
doubt as to whether the information should be released, the official 
shall (1) promptly forward the request to the FOIA Coordinator, or (2) 
inform the requester of the procedures established in these regulations 
by which the request may be sent directly to the FOIA Coordinator. The 
date of receipt of the request by the Coordinator shall be the 
determining date for purposes of the time limitations under the Freedom 
of Information Act and the regulations.



PART 371--ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY--Table of Contents




Sec.
371.1  General Statement.
371.2  The Office of the Administrator.
371.3  Plant Protection and Quarantine.
371.4  Veterinary Services.
371.5  Marketing and Regulatory Programs Business Services.
371.6  Wildlife Services.
371.7  Animal Care.
371.8  International Services.
371.9  Policy and Program Development.
371.10  Legislative and Public Affairs.
371.11  Delegations of authority.
371.12  Concurrent authority and responsibility to the Administrator.
371.13  Reservation of authority.
371.14  Availability of information and records.

    Authority: 5 U.S.C. 301.

    Source: 65 FR 1299, Jan. 10, 2000, unless otherwise noted.



Sec. 371.1  General statement.

    (a) The creation of APHIS. The Animal and Plant Health Inspection 
Service (APHIS) was created by the Secretary

[[Page 501]]

of Agriculture on April 2, 1972 (37 FR 6327, March 28, 1972).
    (b) Central offices. APHIS is headquartered in Washington, DC, and 
Riverdale, MD. The APHIS Management Team at these locations consists of 
the following:

Administrator
Associate Administrator
Deputy Administrator, Plant Protection and Quarantine (PPQ)
Deputy Administrator, Veterinary Services (VS)
Deputy Administrator, Marketing and Regulatory Programs Business 
Services (MRPBS)
Deputy Administrator, Wildlife Services (WS)
Deputy Administrator, Animal Care (AC)
Deputy Administrator, International Services (IS)
Director, Policy and Program Development (PPD)
Director, Legislative and Public Affairs (LPA)

    (c) Field organization. AC, MRPBS, PPQ, VS, and WS all have field 
offices located throughout the United States. IS has field offices 
located throughout the world. A list of APHIS' field offices with 
addresses and telephone numbers is in the blue pages of local telephone 
books.



Sec. 371.2  The Office of the Administrator.

    (a) The Administrator. (1) The Administrator of APHIS formulates, 
directs, and supervises the execution of APHIS policies, programs, and 
activities.
    (2) The Administrator is authorized to take any action authorized by 
law and deemed necessary to carry out APHIS functions. Delegations of 
authority by the Administrator and provisions for redelegations of 
authority are stated in Sec. 371.11.
    (b) The Associate Administrator. The Associate Administrator of 
APHIS shares responsibility with the Administrator for general direction 
and supervision of APHIS programs and activities. The Associate 
Administrator may act for the Administrator.



Sec. 371.3  Plant protection and quarantine.

    (a) General statement. Plant Protection and Quarantine (PPQ) 
protects and safeguards the Nation's plant resources through programs 
and activities to prevent the introduction and spread of plant pests and 
diseases.
    (b) Deputy Administrator of PPQ. The Deputy Administrator of PPQ is 
responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of policies, programs, 
procedures, and activities of APHIS.
    (2) Providing direction and coordination for PPQ programs and 
activities. The authorities for PPQ programs include:
    (i) The Terminal Inspection Act, as amended (7 U.S.C. 166);
    (ii) The Honeybee Act, as amended (7 U.S.C. 281 through 286);
    (iii) Sections 1 and 15 of the Federal Noxious Weed Act of 1974, (7 
U.S.C. 2801 note and 7 U.S.C. 2814);
    (iv) The Endangered Species Act of 1973 (16 U.S.C. 1531-1544);
    (v) Executive Order 13112;
    (vi) The responsibilities of the United States under the 
International Plant Protection Convention;
    (vii) Lacey Act Amendments of 1981, as amended (16 U.S.C. 3371 
through 3378);
    (viii) Title III (and Title IV to the extent that it relates to 
activities under Title III) of the Federal Seed Act, as amended (7 
U.S.C. 1581 through 1610);
    (ix) Authority to prescribe and collect fees under The Act of August 
31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 of the 
Food, Agriculture, Conservation, and Trade Act of 1990, as amended (21 
U.S.C. 136 and 136a);
    (x) Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 438, 
7 U.S.C. 7701-7772);
    (xi) Authority to collect reimbursement for overtime paid to 
employees for inspection or quarantine services (7 U.S.C. 2260).
    (3) Developing of regulations (including quarantines) regarding 
noxious weeds and plant pests and diseases.
    (4) Cooperating with and providing technical assistance to State and 
local governments, farmer's associations, and individuals with regard to 
plant pest control. Cooperating with and providing technical assistance 
to foreign

[[Page 502]]

governments with regard to plant pests and diseases.
    (5) Assisting in the development of sanitary and phytosanitary 
measures.
    (6) Regulating the field release into the environment, interstate 
movement, and importation of genetically modified organisms.
    (7) Serving as a member of the North American Plant Protection 
Organization (NAPPO). NAPPO is composed of plant protection officials 
and industry cooperators from Canada, Mexico, and the United States.
    (8) Administering plant and animal pest and disease exclusion 
policies, procedures, and regulations at international ports of entry 
(land, sea, and air) relative to all plants and plant and animal 
products and associated materials (excluding live animals).
    (9) Providing laboratory support, diagnostic services, methods 
development, and research activities in support of PPQ programs.

[65 FR 1299, Jan. 10, 2000, as amended at 65 FR 49471, Aug. 14, 2000; 66 
FR 21060, Apr. 27, 2001]



Sec. 371.4  Veterinary Services.

    (a) General statement. Veterinary Services (VS) protects and 
safeguards the Nation's livestock and poultry through programs and 
activities to prevent the introduction and spread of pests and disease 
of livestock and poultry. VS also provides leadership and coordinates 
activities pertaining to veterinary biologics.
    (b) Deputy Administrator of VS. The Deputy Administrator of VS is 
responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of policies, programs, 
procedures, and activities of APHIS.
    (2) Providing direction and coordination for the activities of the 
Center for Veterinary Biologics.
    (3) Providing direction and coordination for VS programs and 
activities.
    The authorities for VS programs include:
    (i) Section 306 of the Tariff Act of June 17, 1930, as amended (19 
U.S.C. 1306);
    (ii) Act of August 30, 1890, as amended (21 U.S.C. 102 through 105);
    (iii) Act of May 29, 1884, as amended, Act of February 2, 1903, as 
amended, and Act of March 3, 1905, as amended, and supplemental 
legislation (21 U.S.C. 111 through 114a, 114a through 114a-1, and 115 
through 130);
    (iv) Act of February 28, 1947, as amended (21 U.S.C. 114b through 
114c, and 114d-1);
    (v) Act of June 16, 1948 (21 U.S.C. 114e through 114f);
    (vi) Act of September 6, 1961 (21 U.S.C. 114g through 114h);
    (vii) Act of July 2, 1962 (21 U.S.C. 134 through 134h);
    (viii) Act of May 6, 1970 (21 U.S.C. 135 through 135b);
    (ix) Sections 12 through 14 of the Federal Meat Inspection Act, as 
amended, and the portion of Section 18 of the Act that pertains to the 
issuance of certificates of condition of live animals intended and 
offered for export (21 U.S.C. 612 through 614, and 618);
    (x) Improvement of poultry, poultry products, and hatcheries (7 
U.S.C. 429);
    (xi) 28 Hour Law, as amended (49 U.S.C. 80502);
    (xii) Act of August 26, 1983, as amended (46 U.S.C. 3901 through 
3902);
    (xiii) Harmonized Tariff Schedule of the United States;
    (xiv) Virus-Serum-Toxin Act (21 U.S.C. 151 through 159);
    (xv) Sections 203 and 205 of the Agricultural Marketing Act of 1946, 
as amended, with respect to voluntary inspection and certification of 
animal products; inspection, testing, treatment, and certification of 
animals; and a program to investigate and develop solutions to the 
problems resulting from the use of sulfonamides in swine (7 U.S.C. 1622 
and 1624);
    (xvi) Section 101(d) of the Organic Act of September 21, 1944 (7 
U.S.C. 430);
    (xvii) The Swine Health Protection Act (7 U.S.C. 3801 through 3813);
    (xviii) Conducting diagnostic and related activities necessary to 
prevent, detect, control, or eradicate foot-and-mouth disease and other 
animal diseases (21 U.S.C. 113a);
    (xix) Authority to prescribe and collect fees under the Act of 
August 31, 1951, as amended (31 U.S.C. 9701), and sections 2508 and 2509 
of the Food, Agriculture, Conservation, and Trade Act

[[Page 503]]

of 1990, as amended (21 U.S.C. 136 and 136a); and
    (xx) Transportation of horses to slaughter under sections 901-905 of 
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 
1901 note).
    (4) Directing and coordinating animal health information systems and 
maintaining a Federal-State program operation capable of responding to 
exotic livestock and poultry disease outbreaks.
    (5) Cooperating with and providing technical assistance to State and 
local governments, farmer's associations and similar organizations, and 
individuals with regard to VS programs and activities. Cooperating with 
and providing technical assistance to foreign governments with regard to 
pests and diseases of livestock and poultry.
    (6) Providing laboratory support, diagnostic services, methods 
development, and research activities in support of VS programs.



Sec. 371.5  Marketing and Regulatory Programs Business Services.

    (a) General statement. Marketing and Regulatory Programs Business 
Services (MRPBS) plans and provides for the agency's human, financial, 
and physical resources.
    (b) Deputy Administrator of MRPBS. The Deputy Administrator of MRPBS 
is responsible for:
    (1) Assisting the Under Secretary for Marketing and Regulatory 
Programs, and the Administrators of APHIS, the Agricultural Marketing 
Service (AMS), and the Grain Inspection and Packers and Stockyards 
Administration (GIPSA), and other APHIS, AMS, and GIPSA officials in the 
planning and formulation of MRP policies, programs, and activities. 
Providing human resource, certain financial, and management services for 
AMS, APHIS, and GIPSA.
    (2) Planning, formulating and coordinating policies, and directing 
management support functions for APHIS and designated functions for 
other MRP agencies, including finance, personnel, and management 
services.
    (3) Conducting administrative reviews and inspections in APHIS to 
assess the implementation of policies and procedures and to assess the 
accomplishments of program objectives.
    (4) Evaluating and issuing administrative directives.
    (5) Serving as APHIS' liaison official with the General Accounting 
Office and the Office of the Inspector General.
    (6) Preparing cooperative agreements, memoranda of understanding, 
agreements between APHIS and other agencies, and agreements that require 
the signature of more than one Deputy Administrator or Director.
    (7) Directing and coordinating investigations related to APHIS 
program laws and regulations and coordinating enforcement of program 
laws and regulations with the Office of the General Counsel.
    (8) Supporting and enforcing APHIS program activities, which 
include:
    (i) Title 7, Code of Federal Regulations, Secs. 371.3(b)(2)(i) 
through (xiv);
    (ii) Title 7, Code of Federal Regulations, Secs. 371.4(b)(3)(i) 
through (xx);
    (iii) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 
2159); and
    (iv) The Virus-Serum Toxin Act, as amended (21 U.S.C. 159).
    (9) Formulating and recommending employee development and training 
policies.
    (10) Developing, delivering, and administering organizational 
development, training, recruitment, and employee development programs 
for MRP agencies.
    (11) Providing computer support and related services for APHIS.



Sec. 371.6  Wildlife Services.

    (a) General statement. Wildlife Services (WS) manages problems 
caused by wildlife.
    (b) Deputy Administrator of WS. The Deputy Administrator of WS is 
responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of policies, programs, 
procedures, and activities of APHIS.
    (2) Providing direction and coordination for programs authorized by 
the Act of March 2, 1931 (7 U.S.C. 426 and 426b, as amended).
    (3) Assisting Federal, State, local, and foreign agencies and 
individuals

[[Page 504]]

with regard to wildlife damage and control.
    (4) Conducting research to develop wildlife damage management 
methods.



Sec. 371.7  Animal Care.

    (a) General statement. Animal Care (AC) establishes acceptable 
standards of humane care and treatment for regulated animals and 
monitors and achieves compliance through inspections, enforcement, 
education, and cooperative efforts under the Animal Welfare and Horse 
Protection Acts.
    (b) Deputy Administrator of AC. The Deputy Administrator of AC is 
responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of policies, programs, and 
activities of APHIS.
    (2) Directing activities to ensure compliance with and enforcement 
of animal welfare and horse protection laws and regulations. These laws 
are:
    (i) The Animal Welfare Act, as amended (7 U.S.C. 2131 through 2159); 
and
    (ii) The Horse Protection Act (15 U.S.C. 1821 through 1831).
    (3) Providing recommendations for policy and program changes and 
promulgating requirements, procedures, and guidelines for the conduct of 
field activities relating to AC programs.



Sec. 371.8  International Services.

    (a) General statement. International Services (IS) protects U.S. 
agriculture and enhances agricultural trade with foreign countries.
    (b) Deputy Administrator of IS. The Deputy Administrator of IS is 
responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of international policies, 
programs, and activities of APHIS.
    (2) Maintaining and administering the foreign service personnel 
system for employees of APHIS in accordance with section 202(a)(2) of 
the Foreign Service Act of 1980 (22 U.S.C. 3922), E.O. 12363, dated May 
21, 1982, and the provisions of Sec. 2.51(a)(1) of this title.
    (3) Developing and maintaining systems for monitoring and reporting 
the presence and movement of plant and animal diseases and pests in 
foreign countries.
    (4) Developing and maintaining cooperative relationships and 
programs with other Federal agencies, foreign governments, industry, and 
international organizations, such as the Food and Agriculture 
Organization of the United Nations, with regard to APHIS activities in 
foreign countries.
    (5) Developing and maintaining systems for observing the effects of 
plant and animal diseases in foreign countries and evaluating their 
effect on the agriculture industry.
    (6) Developing and directing programs to enhance the trade in U.S. 
plants, animals, and their products in compliance with established 
international sanitary and phytosanitary standards.
    (7) Providing recommendations for policy and program changes, and 
promulgating requirements, procedures, and guidelines for the conduct of 
field activities relating to IS programs.



Sec. 371.9  Policy and Program Development.

    (a) General statement. Policy and Program Development (PPD) provides 
analytical support for agency decisions and plans.
    (b) Director of PPD. The Director of PPD is responsible for:
    (1) Participating with the Administrator of APHIS and other 
officials in the planning and formulation of APHIS policies, programs, 
and activities.
    (2) Providing planning and evaluations; regulations development; and 
policy, risk, and economic analysis for APHIS programs.
    (3) Analyzing the environmental effects of APHIS programs to ensure 
their compliance with environmental laws and regulations and providing 
support for pesticide registration and drug approval.
    (4) Coordinating registration of chemicals and other substances used 
in APHIS control and eradication programs.



Sec. 371.10  Legislative and Public Affairs.

    (a) General statement. Legislative and Public Affairs (LPA) is the 
communications arm of APHIS.

[[Page 505]]

    (b) Director of LPA. The Director of LPA is responsible for:
    (1) Advising and assisting the Administrator and other officials on 
matters relating to agency legislative and media affairs.
    (2) Preparing legislative proposals for APHIS programs and 
responsibilities. Assisting in compiling support material for agency 
witnesses for congressional hearings. Preparing legislative reports.
    (3) Establishing and maintaining liaison with Members of Congress, 
various congressional committees and subcommittees, and their staffs on 
matters pertaining to APHIS.
    (4) Planning and conducting an information program to promote 
interest in and increase the public knowledge of APHIS programs and 
activities.
    (5) Drafting and administering policy guidelines on press contacts, 
photography, audiovisual activities, graphic design, radio-TV, and 
policy/editorial/graphics clearances for publications. Planning and 
conducting a program to explain APHIS policies in written form to 
Members of Congress, State and industry leaders, officials of foreign 
governments, and private citizens.
    (6) Preparing replies to written inquiries and establishing and 
maintaining a system for the control of written inquiries referred by 
the Office of the Secretary or sent directly to the agency.
    (7) Assisting in the preparation of position papers regarding APHIS 
programs.
    (8) Assisting in the preparation of directives, procedural manuals, 
articles for publication, and agency correspondence. Coordinating APHIS 
activities within the scope of the Freedom of Information Act and the 
Privacy Act.



Sec. 371.11  Delegations of authority.

    (a) Associate Administrator. The Associate Administrator is 
delegated the authority to perform the duties and to exercise the 
functions and powers that are now, or that may become, vested in the 
Administrator, including the power of redelegation except where 
prohibited, and including authority reserved to the Administrator in 
Sec. 371.14 of this part. The Associate Administrator is also authorized 
to act for the Administrator in the absence of the Administrator.
    (b) Deputy Administrators and Directors. The Deputy Administrators 
of Plant Protection and Quarantine (PPQ), Veterinary Services (VS), 
Wildlife Services (WS), Marketing and Regulatory Programs Business 
Services (MRPBS), Animal Care (AC), and International Services (IS); the 
Directors of Policy and Program Development (PPD) and Legislative and 
Public Affairs (LPA); and the officers they designate to act for them, 
with prior specific approval of the Administrator, are delegated the 
authority, severally, to perform duties and to exercise the functions 
and powers that are now, or that may become vested in the Administrator 
(including the power of redelegation, except where prohibited) except 
authority that is reserved to the Administrator. Each Deputy 
Administrator or Director shall be responsible for the programs and 
activities in APHIS assigned to that Deputy Administrator or Director.



Sec. 371.12  Concurrent authority and responsibility to the Administrator.

    (a) Delegations that preclude the Administrator or each Deputy 
Administrator or Director from exercising powers or functions. No 
delegation or authorization in this part shall preclude the 
Administrator or each Deputy Administrator or Director from exercising 
any of the powers or functions or from performing any of the duties 
conferred upon each, respectively. Any delegation or authorization is 
subject, at all times, to withdrawal or amendment by the Administrator, 
and in their respective fields, by each Deputy Administrator or 
Director. The officers to whom authority is delegated in this part 
shall:
    (1) Maintain close working relationships with the officers to whom 
they report.
    (2) Keep them advised with respect to major problems and 
developments.
    (3) Discuss with them proposed actions involving major policy 
questions or other important considerations or questions, including 
matters involving relationships with other Federal agencies, other 
agencies of the Department, other divisions, staffs, or offices of the

[[Page 506]]

agency, or other governmental, private organizations, or groups.
    (b) Prior authorizations and delegations. All prior delegations and 
redelegations of authority relating to any function, program, or 
activity covered by the statement of Organization, Functions, and 
Delegations of Authority, shall remain in effect except as they are 
inconsistent with this part or are amended or revoked. Nothing in this 
part shall affect the validity of any action taken previously under 
prior delegations or redelegations of authority or assignments of 
functions.



Sec. 371.13  Reservation of authority.

    The following are reserved to the Administrator, or to the 
individual designated to act for the Administrator:
    (a) The initiation, change, or discontinuance of major program 
activities.
    (b) The issuance of regulations pursuant to law.
    (c) The transfer of functions between Deputy Administrators and 
Directors.
    (d) The transfer of funds between Deputy Administrators and 
Directors.
    (e) The transfer of funds between work projects within each Deputy 
Administrator's or Director's area, except those not exceeding 10 
percent of base funds or $50,000 in either work project, whichever is 
less.
    (f) The approval of any change in the formal organization, including 
a section, its equivalent, or higher level.
    (g) The making of recommendations to the Department concerning 
establishment, consolidation, change in location, or abolishment of any 
regional, State, area, and other field headquarters, and any region or 
other program area that involves two or more States, or that crosses 
State lines.
    (h) Authority to establish, consolidate, change a location, abolish 
any field office, or change program area boundaries not included in 
paragraph (g) of this section.
    (i) Approval of all appointments, promotions, and reassignments at 
the GS-14 level and above.
    (j) Authorization for foreign travel and for attendance at foreign 
and international meetings, including those held in the United States.
    (k) Approval of all appointments, promotions, and reassignments of 
employees to foreign countries.
    (l) Approval of program budgets.
    (m) Authority to determine the circumstances under which commuted 
traveltime allowances may be paid to employees performing inspections 
and necessary auxiliary services after normal working hours or on 
holidays, when these services come within the scope of the Act of August 
28, 1950 (7 U.S.C. 2260).



Sec. 371.14  Availability of information and records.

    Any person desiring information or to comment on the programs and 
functions of the agency should address correspondence to the appropriate 
Deputy Administrator or Director, APHIS, U.S. Department of Agriculture, 
Washington, DC 20250. The availability of information and records of the 
agency is governed by the rules and regulations in part 370 of this 
chapter.



PART 372--NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES--Table of Contents




Sec.
372.1  Purpose.
372.2  Designation of responsible APHIS official.
372.3  Information and assistance.
372.4  Definitions.
372.5  Classification of actions.
372.6  Early planning for applicants and non-APHIS entities.
372.7  Consultation.
372.8  Major planning and decision points and public involvement.
372.9  Processing and use of environmental documents.
372.10  Supplementing environmental impact statements.

    Authority: 42 U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; 7 CFR 
parts 1b, 2.22, 2.80, and 371.9.

    Source: 60 FR 6002, Feb. 1, 1995, unless otherwise noted.



Sec. 372.1  Purpose.

    These procedures implement section 102(2) of the National 
Environmental Policy Act by assuring early and adequate consideration of 
environmental

[[Page 507]]

factors in Animal and Plant Health Inspection Service planning and 
decisionmaking and by promoting the effective, efficient integration of 
all relevant environmental requirements under the National Environmental 
Policy Act. The goal of timely, relevant environmental analysis will be 
secured principally by adhering to the National Environmental Policy Act 
implementing regulations (40 CFR parts 1500-1508), especially provisions 
pertaining to timing (Sec. 1502.5), integration (Sec. 1502.25), and 
scope of analysis (Sec. 1508.25).



Sec. 372.2  Designation of responsible APHIS official.

    The Administrator of APHIS, or an agency official to whom the 
Administrator may formally delegate the task, is responsible for overall 
review of APHIS' NEPA compliance.



Sec. 372.3  Information and assistance.

    Information, including the status of studies, and the availability 
of reference materials, as well as the informal interpretations of 
APHIS' NEPA procedures and other forms of assistance, will be made 
available upon request to Environmental Analysis and Documentation, 
Biotechnology, Biologics, and Environmental Protection, APHIS, USDA, 
P.O. Drawer 810, Riverdale MD 20738, (301) 436-8565 (Hyattsville) or 
(301) 734-8565 (Riverdale).



Sec. 372.4  Definitions.

    The terminology set forth in the Council on Environmental Quality's 
(CEQ) implementing regulations at 40 CFR part 1508 is incorporated 
herein. In addition, the following terms, as used in these procedures, 
are defined as follows:
    APHIS. The Animal and Plant Health Inspection Service (APHIS).
    Decisionmaker. The agency official responsible for executing 
findings of no significant impact in the environmental assessment 
process and the record of decision in the environmental impact statement 
process.
    Department. The United States Department of Agriculture (USDA).
    Environmental unit. Environmental Analysis and Documentation, the 
analytical unit in Biotechnology, Biologics, and Environmental 
Protection responsible for coordinating APHIS' compliance with the 
National Environmental Policy Act and other environmental laws and 
regulations.



Sec. 372.5  Classification of actions.

    (a) Actions normally requiring environmental impact statements. This 
class of policymakings and rulemakings seeks to establish programmatic 
approaches to animal and plant health issues. Actions in this class 
typically involve the agency, an entire program, or a substantial 
program component and are characterized by their broad scope (often 
global or nationwide) and potential effect (impacting a wide range of 
environmental quality values or indicators, whether or not affected 
individuals or systems may be completely identified at the time). 
Ordinarily, new or untried methodologies, strategies, or techniques to 
deal with pervasive threats to animal and plant health are the subjects 
of this class of actions. Alternative means of dealing with those 
threats usually have not been well developed. Actions in this class 
include:
    (1) Formulation of contingent response strategies to combat future 
widespread outbreaks of animal and plant diseases; and
    (2) Adoption of strategic or other long-range plans that purport to 
adopt for future program application a preferred course of action.
    (b) Actions normally requiring environmental assessments but not 
necessarily environmental impact statements. This class of APHIS actions 
may involve the agency as a whole or an entire program, but generally is 
related to a more discrete program component and is characterized by its 
limited scope (particular sites, species, or activities) and potential 
effect (impacting relatively few environmental values or systems). 
Individuals and systems that may be affected can be identified. 
Methodologies, strategies, and techniques employed to deal with the 
issues at hand are seldom new or untested. Alternative means of dealing 
with those issues are well established. Mitigation measures are 
generally available and have been successfully employed. Actions in this 
class include:

[[Page 508]]

    (1) Policymakings and rulemakings that seek to remedy specific 
animal and plant health risks or that may affect opportunities on the 
part of the public to influence agency environmental planning and 
decisionmaking. Examples of this category of actions include:
    (i) Development of program plans that seek to adopt strategies, 
methods, and techniques as the means of dealing with particular animal 
and plant health risks that may arise in the future;
    (ii) Implementation of program plans at the site-specific, action 
level, except for actions that are categorically excluded, as provided 
in paragraph (c) of this section.
    (2) Planning, design, construction, or acquisition of new 
facilities, or proposals for modifications to existing facilities.
    (3) Disposition of waste and other hazardous or toxic materials at 
laboratories and other APHIS facilities, except for actions that are 
categorically excluded, as provided in paragraph (c) of this section.
    (4) Approvals and issuance of permits for proposals involving 
genetically engineered or nonindigenous species, except for actions that 
are categorically excluded, as provided in paragraph (c) of this 
section.
    (5) Research or testing that:
    (i) Will be conducted outside of a laboratory or other containment 
area (field trials, for example); or
    (ii) Reaches a stage of development (e.g., formulation of 
premarketing strategies) that forecasts an irretrievable commitment to 
the resulting products or technology.
    (c) Categorically excluded actions. This class of APHIS actions 
shares many of the same characteristics--particularly in terms of the 
extent of program involvement, as well as the scope, effect of, and the 
availability of alternatives to proposed actions--as the class of 
actions that normally requires environmental assessments but not 
necessarily environmental impact statements. The major difference is 
that the means through which adverse environmental impacts may be 
avoided or minimized have actually been built right into the actions 
themselves. The efficacy of this approach generally has been established 
through testing and/or monitoring. The Department of Agriculture has 
also promulgated a listing of categorical exclusions that are applicable 
to all agencies within the department unless their procedures provide 
otherwise. Those categorical exclusions, codified at 7 CFR 1b.3(a), are 
entirely appropriate for APHIS. Other actions in this class include:
    (1) Routine measures. (i) Routine measures, such as identifications, 
inspections, surveys, sampling that does not cause physical alteration 
of the environment, testing, seizures, quarantines, removals, 
sanitizing, inoculations, control, and monitoring employed by agency 
programs to pursue their missions and functions. Such measures may 
include the use--according to any label instructions or other lawful 
requirements and consistent with standard, published program practices 
and precautions--of chemicals, pesticides, or other potentially 
hazardous or harmful substances, materials, and target-specific devices 
or remedies, provided that such use meets all of the following criteria 
(insofar as they may pertain to a particular action):
    (A) The use is localized or contained in areas where humans are not 
likely to be exposed, and is limited in terms of quantity, i.e., 
individualized dosages and remedies;
    (B) The use will not cause contaminants to enter water bodies, 
including wetlands;
    (C) The use does not adversely affect any federally protected 
species or critical habitat; and
    (D) The use does not cause bioaccumulation.
    (ii) Examples of routine measures include:
    (A) Inoculation or treatment of discrete herds of livestock or 
wildlife undertaken in contained areas (such as a barn or corral, a zoo, 
an exhibition, or an aviary);
    (B) Pesticide treatments applied to infested plants at a nursery; 
and
    (C) Isolated (for example, along a highway) weed control efforts.
    (2) Research and development activities. (i) Activities that are 
carried out in laboratories, facilities, or other areas

[[Page 509]]

designed to eliminate the potential for harmful environmental effects--
internal or external--and to provide for lawful waste disposal.
    (ii) Examples of this category of actions include:
    (A) The development and/or production (including formulation, 
repackaging, movement, and distribution) of previously approved and/or 
licensed program materials, devices, reagents, and biologics;
    (B) Research, testing, and development of animal repellents; and
    (C) Development and production of sterile insects.
    (3) Licensing and permitting. (i) Issuance of a license, permit, or 
authorization to ship for field testing previously unlicensed veterinary 
biological products;
    (ii) Permitting, or acknowledgment of notifications for, confined 
field releases of genetically engineered organisms and products; and
    (iii) Permitting of:
    (A) Importation of nonindigenous species into containment 
facilities,
    (B) Interstate movement of nonindigenous species between containment 
facilities, or
    (C) Releases into a State's environment of pure cultures of 
organisms that are either native or are established introductions.
    (4) Rehabilitation of facilities. Rehabilitation of existing 
laboratories and other APHIS facilities, functional replacement of parts 
and equipment, and minor additions to such existing APHIS facilities.
    (d) Exceptions for categorically excluded actions. Whenever the 
decisionmaker determines that a categorically excluded action may have 
the potential to affect ``significantly'' the quality of the ``human 
environment,'' as those terms are defined at 40 CFR 1508.27 and 1508.14, 
respectively, an environmental assessment or an environmental impact 
statement will be prepared. For example:
    (1) When any routine measure, the incremental impact of which, when 
added to other past, present, and reasonably foreseeable future actions 
(regardless of what agency or person undertakes such actions), has the 
potential for significant environmental impact;
    (2) When a previously licensed or approved biologic has been 
subsequently shown to be unsafe, or will be used at substantially higher 
dosage levels or for substantially different applications or 
circumstances than in the use for which the product was previously 
approved;
    (3) When a previously unlicensed veterinary biological product to be 
shipped for field testing contains live microorganisms or will not be 
used exclusively for in vitro diagnostic testing; or
    (4) When a confined field release of genetically engineered 
organisms or products involves new species or organisms or novel 
modifications that raise new issues.

[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]



Sec. 372.6  Early planning for applicants and non-APHIS entities.

    Each prospective applicant who anticipates the need for approval of 
proposed activities classified as normally requiring environmental 
documentation is encouraged to contact, at the earliest opportunity, 
APHIS' program staff.

[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]



Sec. 372.7  Consultation.

    Prospective applicants are encouraged to contact APHIS program 
officials to determine what types of environmental analyses or 
documentation, if any, need to be prepared. NEPA documents will 
incorporate, to the fullest extent possible, surveys and studies 
required by other environmental statutes, such as the Endangered Species 
Act.

[60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995]



Sec. 372.8  Major planning and decision points and public involvement.

    (a) Major planning and decisions points. The NEPA process will be 
fully coordinated with APHIS planning in cooperation with program 
personnel. Specific decision points or milestones will be identified and 
communicated to

[[Page 510]]

the public and others in a notice of intent and in the context of the 
public scoping process.
    (b) Public involvement. There will be an early and open process for 
determining the scope of issues to be addressed in the environmental 
impact statement process.
    (1) A notice of intent to prepare an environmental impact statement 
will be published in the Federal Register as soon as it is determined 
that a proposed major Federal action has the potential to affect 
significantly the quality of the human environment. The notice may 
include a preliminary scope of environmental study. All public and other 
involvement in APHIS' environmental impact statement process, including 
the scoping process, commenting on draft documents, and participation in 
the preparation of any supplemental documents, will be pursuant to CEQ's 
implementing regulations.
    (2) Opportunities for public involvement in the environmental 
assessment process will be announced in the same fashion as the 
availability of environmental assessments and findings of no significant 
impact.
    (3) Notification of the availability of environmental assessments 
and findings of no significant impact for proposed activities will be 
published in the Federal Register, unless it is determined that the 
effects of the action are primarily of regional or local concern. Where 
the effects of the action are primarily of regional or local concern, 
notice will normally be provided through publication in a local or area 
newspaper of general circulation and/or the procedures implementing 
Executive Order 12372, ``Intergovernmental Review of Federal Programs.''
    (4) All environmental documents, comments received, and any 
underlying documents, including interagency correspondence where such 
correspondence transmits comments of Federal agencies on the 
environmental impact of proposals for which documents were prepared 
(except for privileged or confidential information (50 FR 38561)), will 
be made available to the public upon request. Materials to be made 
available will be provided without charge, to the extent practicable, or 
at a fee not more than the actual cost of reproducing copies required to 
be sent to other Federal agencies, including CEQ.



Sec. 372.9  Processing and use of environmental documents.

    (a) Environmental assessments will be forwarded immediately upon 
completion to the decisionmaker for a determination of whether the 
proposed action may have significant effects on the quality of the human 
environment, and for the execution, as appropriate, of a finding of no 
significant impact or a notice of intent to prepare an environmental 
impact statement.
    (1) The availability of environmental assessments will be announced 
by publishing a notice consistent with the notification provisions of 
Sec. 372.8.
    (2) Comments, if any, will be transmitted, together with any 
analyses and recommendations, to the APHIS decisionmaker who may then 
take appropriate action.
    (3) Changes to environmental assessments and findings of no 
significant impact that are prompted by comments, new information, or 
any other source, will normally be announced in the same manner as the 
notice of availability (except that all commenters will be mailed copies 
of changes directly) prior to implementing the proposed action or any 
alternative.
    (b) Environmental impact statements will be processed from inception 
(publication of the notice of intent) to completion (publication of a 
final environmental impact statement or a supplement) according to the 
Council on Environmental Quality implementing regulations.
    (c) For rulemaking or adjudicatory proceedings, relevant 
environmental documents, comments, and responses will be a part of the 
administrative record.
    (d) For all APHIS activity that is subject to the NEPA process, 
relevant environmental documents, comments, and responses will accompany 
proposals through the review process.
    (e) The APHIS decisionmaker will consider the alternatives discussed 
in environmental documents in reaching a determination on the merits of 
proposed actions.

[[Page 511]]

    (f) APHIS will implement mitigation and other conditions established 
in environmental documentation and committed to as part of the 
decisionmaking process.



Sec. 372.10  Supplementing environmental impact statements.

    Once a decision to supplement an environmental impact statement is 
made, a notice of intent will be published. The administrative record 
will thereafter be open. The supplemental document will then be 
processed in the same fashion (exclusive of scoping) as a draft and a 
final statement (unless alternative procedures are approved by CEQ) and 
will become part of the administrative record.



PART 380--RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS--Table of Contents




                           Subpart A--General

Sec.
380.1  Scope and applicability of rules of practice.

                Subpart B--Supplemental Rules of Practice

380.10  Stipulations.

    Authority: 7 U.S.C. 7702-7772; 16 U.S.C. 1540(a), 3373(a) and (b); 7 
CFR 2.22, 2.80, and 371.3.



                           Subpart A--General



Sec. 380.1  Scope and applicability of rules of practice.

    (a) The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7 CFR are the 
Rules of Practice applicable to adjudicatory administrative proceedings 
under the following statutory provisions:
    (1) The Plant Protection Act, section 424 (7 U.S.C. 7734),
    (2) Endangered Species Act Amendments of 1973, as amended, section 
11(a), 16 U.S.C. 1540(a), and
    (3) Lacey Act Amendments of 1981, as amended, section 4(a) and (b), 
(16 U.S.C. 3373 (a) and (b)).
    (b) In addition, the Supplemental Rules of Practice set forth in 
subpart B of this part are applicable to such proceedings.

[66 FR 21061, Apr. 27, 2001]



                Subpart B--Supplemental Rules of Practice



Sec. 380.10  Stipulations.

    (a) At any time prior to the issuance of a complaint seeking a civil 
penalty under any of the Acts listed in Sec. 380.1, the Administrator, 
in his discretion, may enter into a stipulation with any person in 
which:
    (1) The Administrator or the Administrator's delegate gives notice 
of an apparent violation of the applicable Act, or the regulations 
issued thereunder, by such person and affords such person an opportunity 
for a hearing regarding the matter as provided by such Act;
    (2) Such person expressly waives hearing and agrees to pay a 
specified penalty within a designated time; and
    (3) The Administrator agrees to accept the specified penalty in 
settlement of the particular matter involved if the penalty is paid 
within the designated time.
    (b) If the specified penalty is not paid within the time designated 
in such a stipulation, the amount of the stipulated penalty shall not be 
relevant in any respect to the penalty which may be assessed after 
issuance of a complaint.

[48 FR 33468, July 22, 1983]

                        PARTS 381-399 [RESERVED]


[[Page 513]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 515]]

            Material Approved for Incorporation by Reference

                     (Revised as of January 1, 2003)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


7 CFR (PARTS 300-399)

ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE
                                                                   7 CFR


Agriculture Department

  Animal and Plant Health Inspection Service, 
  Documents Management Branch, Printing 
  Distribution and Mail Section, 4700 River Road, 
  Unit 1, Riverdale, MD.
Plant Protection and Quarantine Treatment Manual,     300.1; Parts 300, 
  reprinted November 30, 1992, and all revisions           301, 318, 319
  through May 2000, including Treatments T101-n-2, 
  T102-b, T102-e, and Table 5-2-5, revised July 
  2001; Treatments T102-d-1, T103-e, T106-c, T106-
  f, T106-g, dated February 2002; Treatment T406-d 
  dated January 2002; Treatments T107-a, T107-a-1, 
  T107-c, T107-f, dated September 2002.
  Available from; Superintendent of Documents, 
  Government Printing Office, P.O. Box 371954, 
  Pittsburgh, PA 15250-7954; Phone: 1-866-512-
  1800, 202-512-1800 if in Washington DC 
  metropolitan area.
Dry Kiln Operator's Manual, Agriculture Handbook       300.1(b); 300.2; 
  188, August 1991.                                             319.40-7


Agriculture Department

  Animal and Plant Health Inspection Service, 
  Phytosanitary Issues Management, Operational 
  Support, PPQ, APHIS, 4700 River Road, Unit 140, 
  Riverdale, MD, 20737-1236.
Reference Manual A: The Reference Manual for           300.1(c); 300.3; 
  Administration, Procedures, and Policies of the           353.1; 353.9
  National Seed Health System, February 25, 2000.
Reference Manual B: The Reference Manual for Seed      300.1(c); 300.4; 
  Health Testing and Phytosanitary Field                    353.1; 353.9
  Inspection Methods, February 27, 2001..


National Institutes of Standards and Technology (NIST)

  Available from: Superintendent of Documents, 
  U.S. Government Printing Office, P.O. Box 
  371954, Pittsburgh, PA 15250-7954; Phone: 1-866-
  512-1800; 202-512-1800 if in Washington DC 
  metropolitan area.)
Handbook 44--``Specifications, Tolerances, and               317.20(a); 
  Other Technical Requirements for Weighing and              381.121c(a)
  Measuring Devices'' (1999 edition).



[[Page 517]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2003)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2 [Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)
     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 518]]

    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6 [Reserved]

              

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)

[[Page 519]]

        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)

[[Page 520]]

     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 1000-
                -1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)

[[Page 521]]

        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 522]]

        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 523]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 800-
                -899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 1600-
                -1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 524]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 525]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 0-
                -99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)

[[Page 526]]

        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 200-
                -399)
        IV  Secret Service, Department of the Treasury (Parts 400-
                -499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

[[Page 527]]

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 200-
                -399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 528]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 300-
                -399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)

[[Page 529]]

       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 530]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)

[[Page 531]]

     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 300-
                -399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)

[[Page 532]]

        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 533]]

        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Transportation (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 535]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2003)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII

[[Page 536]]

Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 537]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II

[[Page 538]]

Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulation          41, 101
  Federal Travel Regulation System                41, Subtitle F

[[Page 539]]

  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V

[[Page 540]]

  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I, XI; 40, 
                                                  IV
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II

[[Page 541]]

Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
   Certain Employees
[[Page 542]]

Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II

[[Page 543]]

  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Security Administration          49, XII
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 545]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

7 CFR
                                                                   66 FR
                                                                    Page
Chapter III
300  Authority citation revised....................................21050
300.1  (c) and (d) added...........................................37400
    (a) introductory text revised..................................45158
    (a) introductory text revised; eff. 1-7-02.....................56428
    Regulation at 66 FR 56428 confirmed............................67071
301  Authority citation revised.............................21050, 32717
301.38  Footnote 1 amended.........................................21050
301.45  (a) amended................................................21050
    (a) amended; interim...........................................37114
301.45-3  (a) amended; interim.....................................37114
301.45-9  Amended..................................................21050
301.48  (a) amended................................................21050
301.48-5  Amended..................................................21051
301.50  Footnote 1 amended.........................................21051
301.50-3  Regulation at 65 FR 37842 confirmed......................20186
    (c) amended; (d) illustration revised..........................37403
    (d) removed; CFR correction....................................46509
    (d) corrected..................................................46692
301.50-5  (a)(3) and (b)(2) revised................................21051
301.51-3  Regulation at 65 FR 54944 confirmed......................41439
    (c) amended; interim...........................................56430
301.51-5  (a)(2) and (b)(2) revised................................21051
301.52-8  Amended..................................................21051
301.64  Footnote 1 amended.........................................21051
301.64-1  Amended..................................................21051
301.64-2  Regulation at 64 FR 71269 confirmed......................40574
301.64-3  Regulation at 64 FR 52212, 71269, 65 FR 20706 and 37006 
        confirmed..................................................40574
301.64-5  (a)(2) and (b)(2) revised................................21051
301.64-10  Regulation at 64 FR 71270 confirmed.....................40574
301.74  Footnote 1 amended.........................................21051
301.75-1  Amended..................................................32717
301.75-15  (c) revised.............................................43066
301.75-16  Added...................................................32717
    (c) corrected..................................................33740
301.78  Footnote 1 amended.........................................21051
301.78-5  (a)(3) and (b)(2) revised................................21051
301.80  (a) revised................................................21052
301.80-1  Amended..................................................21052
301.80-8  Amended..................................................21052
301.81-3  Regulation at 65 FR 66489 confirmed......................20186
301.81-5  (a)(2) and (b)(2) revised................................21052
301.85  (a) revised................................................21052
301.85-1  Amended..................................................21052
301.85-8  Amended..................................................21052
301.87  Heading, footnote 1 and (a) revised........................21052
301.87-1  Amended..................................................21052
301.87-5  (a)(2) and (b)(2) revised................................21053
301.89-3   (f) amended; interim.............................32210, 37576
    (f) revised....................................................63152
301.89-6  (a)(2) and (c)(2) revised................................21053
301.89-15  Heading, introductory text, (a) introductory text, (b) 
        introductory text and (c) introductory text revised........40842
301.89-16  Heading, introductory text, (a), (b), (c)(1) and (2) 
        amended....................................................40842

[[Page 546]]

301.91  Heading amended............................................21053
301.91-1  Amended..................................................21053
301.91-5  (a)(2) and (b)(2) revised................................21053
301.93  Footnote 1 amended.........................................21053
301.93-3  (c) revised; interim.....................................46366
    (c) amended; interim...........................................55068
301.93-5  (a)(2) and (b)(2) revised................................21053
301.97  Footnote 1 amended.........................................21053
301.97-5  (a)(3) and (b)(2) revised................................21053
301.98-3  (c) revised; interim.....................................33632
301.98--301.98-10  (Subpart) Added; interim.........................6433
301.98--1  Corrected...............................................20186
302  Added; interim.................................................1016
    Authority citation revised.....................................21054
302.2  Revised.....................................................54641
318  Authority citation revised....................................21054
318.13  (a) revised................................................21054
318.13-12  (a) amended.............................................21054
318.30  (b) revised................................................21054
318.47  (b) revised................................................21054
318.58  (a) revised................................................21054
318.60  (b) revised................................................21054
318.82  (a) revised................................................21054
319  Authority citation revised....................................21054
    Policy statement........................................38137, 45921
319.8  Amended.....................................................21054
319.8-1  Amended...................................................21055
319.8-2  Authority citation removed................................21055
319.8-4  Authority citation removed................................21055
319.8-5  Authority citation removed................................21055
319.8-26  Amended..................................................21055
319.15  (a) revised................................................21055
319.24  (b) revised................................................21055
319.24-1  Authority citation removed...............................21055
319.24-3  Authority citation removed...............................21055
319.24-4  Authority citation removed...............................21055
319.28  (a) revised................................................21055
319.37-1  Amended..................................................21055
319.37-3  (c) and (f) revised; authority citation removed..........21055
319.37-5  Authority citation removed...............................21056
319.37-7  (f)(4) amended; authority citation removed...............21056
319.37-8  Authority citation removed...............................21056
319.37-10  Authority citation removed..............................21056
319.37-11  Authority citation removed..............................21056
319.40-4  (c) revised..............................................21056
319.40-9  (a)(4)(i) amended........................................21056
319.41  (b) and (c) revised........................................21056
319.41-2  Authority citation removed...............................21056
319.41-4  Authority citation removed...............................21056
319.41-6  Authority citation removed...............................21056
319.55  (b) and (c) revised........................................21056
319.55-2  Authority citation removed...............................21056
319.55-5  Authority citation removed...............................21056
319.55-7  Authority citation removed...............................21056
319.56  (b) and (c) revised........................................21056
319.56-2  (h) and (j) revised......................................45158
319.56-2j  Authority citation removed..............................21056
319.56-2t  Table amended...........................................45158
319.56-2u  (b)(7) revised; (b)(8) removed..........................45160
319.56-2w  Heading, introductory text and (a) revised..............45160
319.56-2x  Table amended...........................................45161
319.56-2ee  (a)(1) amended.........................................45161
319.56-2ff  Heading, introductory text, (a)(2), (3), (c)(3)(vii), 
        (f)(1), (g) and (i) revised; (e)(2) and (3) amended........55551
319.56-2hh  Added..................................................45161
319.56-2ii  Added..................................................32213
319.56-3  Authority citation removed...............................21056
319.56-5  Authority citation removed...............................21056
319.59--319.59-2  (Subpart) Authority citation removed.............21056
319.59  (a) revised; (b) amended...................................21056
319.59-1  Amended..................................................21057
319.75  (b) amended................................................21057
319.75-1  Amended..................................................21057
319.75-3  (c) revised; authority citation removed..................21057
319.75-5  Authority citation removed...............................21057
319.75-6  Authority citation removed...............................21057
319.76  (b) amended................................................21057
319.76-1  Amended..................................................21057
319.76-3  (c) revised..............................................21057
319.77-5  Amended..................................................21057
322  Authority citation revised....................................21057
330  Authority citation revised....................................21058
330.100  Amended...................................................21058

[[Page 547]]

330.102  Revised...................................................21058
330.106  (a) amended...............................................21058
330.205  Amended...................................................21058
330.207  Amended...................................................21058
330.208  Amended...................................................21058
330.210  Amended...................................................21058
330.211  Heading and (c) revised...................................21058
330.400  (f) revised...............................................21058
340  Authority citation revised....................................21058
340.0  (a)(2) Footnote 1 and (b) Footnote 2 revised................21058
340.3  (b)(1) amended..............................................21058
351  Authority citation revised....................................21058
351.1  Revised.....................................................21059
352  Authority citation revised....................................21059
352.1  (b) amended.................................................21059
352.2  (a), (b) and (c)(1) revised.................................21059
352.3  (a) revised.................................................21059
352.5  (d) amended.................................................21059
352.6  Authority citation removed..................................21059
352.7  Authority citation removed..................................21059
352.10  (a), (b)(1) and (2) amended................................21059
352.13  Amended....................................................21059
353  Auhority citation revised.....................................21059
353.1  Amended..............................................21059, 37400
    Amended; interim...............................................37116
353.7  (e)(4) revised; interim.....................................37116
353.8  Amended (OMB number)........................................37400
353.9  Added.......................................................37400
354  Authority citation revised....................................21060
354.1  Authority citation removed..................................21060
354.2  Table amended...............................................46211
354.3  (a) amended.................................................21060
355  Footnotes 1 and 2 removed; authority citation revised.........21060
355.1  Revised.....................................................21060
355.11  Footnote 3 revised.........................................21060
356  Authority citation revised....................................21060
360  Authority citation revised....................................21060
360.200  Heading and introductory text revised.....................21060
360.300  Authority citation removed................................21060
    Regulation at 65 FR 41009 confirmed............................32217
361  Authority citation revised....................................21060
371.3  (b)(2)(i) through (v) removed; (b)(2)(vi) through (xv) 
        redesignated as (b)(2)(i) through (b)(2)(x); new 
        (b)(2)(iii) and (v) revised; new (b)(2)(ix) and (x) 
        amended; new (b)(2)(xi) added..............................21060
372  Authority citation revised....................................21060
380  Authority citation revised....................................21060
380.1  Revised.....................................................21061

                                  2002

7 CFR
                                                                   67 FR
                                                                    Page
Chapter III
300  Revised........................................................8463
300.1--300.4  (Subpart) Regulation at 67 FR 8463 confirmed.........18463
300.1  (a)(2) and (3) amended; (a)(4) added........................41157
300.1  (a)(3) and (4) amended; (a)(5) added; interim...............63535
301  Corrected.....................................................41754
301.38-1  Amended...................................................8178
301.38-2  Revised...................................................8179
301.38-4  (b)(2)(i) and (ii) amended................................8180
301.38-5  (b)(1) amended............................................8180
301.45  Regulation at 66 FR 37114 confirmed........................18465
301.45-1  Footnote 3 revised........................................8464
    Regulation at 67 FR 8464 confirmed.............................18463
301.45-3  Regulation at 66 FR 37114 confirmed......................18465
    (a) amended; interim...........................................41810
    Regulation at 67 FR 41810 confirmed; interim...................67510
301.50-3  (c) and (d) amended; interim.............................41308
301.51-3  Regulation at 66 FR 56430 confirmed.......................9185
301.52  (a) amended; interim.......................................34818
    Regulation at 67 FR 34818 confirmed............................58320
301.52-1  Paragraph designations removed; footnote 2 revised; 
        interim....................................................34818
    Regulation at 67 FR 34818 confirmed............................58320
301.52-2a  Amended; interim........................................34818
    Regulation at 67 FR 34818 confirmed............................58320
301.64-3  (c) amended; interim.....................................78128
301.64-10  (a) and (f) amended......................................8464
    Regulation at 67 FR 8464 confirmed.............................18463
301.75-4  (a) amended...............................................9390
    (a) amended; interim....................................13084, 30771
    (a) amended....................................................18463
    Regulation at 67 FR 13084 confirmed............................51459

[[Page 548]]

    Regulation at 67 FR 30771 confirmed............................52383
301.75-7  Regulation at 64 FR 60091 confirmed......................41811
301.75-43  Regulation at 66 FR 53530 confirmed......................3584
301.78-3  (c) revised; interim.....................................44524
    Regulation at 67 FR 44524 confirmed............................67777
301.78-10  Introductory text revised................................8464
    Regulation at 67 FR 8464 confirmed.............................18463
    (b)(3) revised; interim........................................63536
301.81-3  (e) amended; interim......................................1069
    Regulation at 67 FR 1069 confirmed.............................31935
301.81-4  (b) revised...............................................8464
    Regulation at 67 FR 8464 confirmed.............................18463
301.81--301.81-10  (Subpart) Appendix amended......................58685
301.85  (a) amended.................................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.85-1  Amended...................................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.85-2b  Footnote 2 redesignated as Footnote 1....................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.85-3  Footnotes 3, 4 and 5 redesignated as Footnotes 2, 3 and 
        4...........................................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.89-3  Regulation at 66 FR 37576 confirmed.......................3427
    Regulation at 66 FR 32210 confirmed.............................5041
    (f) amended; interim...........................................61978
301.89-4  Revised; interim.........................................21161
301.89-6  (b) and (d) amended; interim.............................21161
301.89-13  (d) removed; interim....................................21161
301.89-15  (a) introductory text and (b) introductory text 
        amended; (d) and (e) added; interim........................21566
301.92--301.92-10  (Subpart) Added; interim.........................6834
301.92-2  (a)(1) and (b)(1) corrected..............................13560
301.92-10  (b) corrected...........................................13560
301.93-3  (c) revised; interim..............................34590, 62628
    Regulation at 67 FR 34590 confirmed............................58683
301.93-10  Introductory text revised................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.97-10  Introductory text revised................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
301.98-1  Regulation at 66 FR 6434 and 20186 confirmed..............7941
301.98-3--301.98-10  (Subpart) Regulation at 66 FR 33632 confirmed
                                                                    7941
301.98-10  Introductory text revised................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
305  Added.........................................................65026
318  Authority citation revised....................................41157
318.13-1  Amended..................................................41157
318.13-2  (b) amended..............................................41157
318.13-4b  Revised.................................................41157
318.13-4d  Removed.................................................41157
318.13-4e  Removed.................................................41157
318.13-4h  Removed.................................................41157
318.13-11  Revised..................................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
318.58-4  (b) revised...............................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
318.58-11  Revised..................................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
319.28  (b)(2), (3), (4) and (6) redesignated as (b)(3), (4), (6) 
        and (7); new (b)(2) and (5) added; (b) introductory text, 
        new (b)(6)(i) and (7) revised...............................4876
319.37-2  (a), (b) introductory text, (1) introductory text, 
        (6)(i) and (7) introductory text amended...................53730
319.37-4  Footnote 6 revised........................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
319.40-7  (d)(1)(i) amended.........................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
319.37-5  (q) added (OMB number)...................................53731
319.56-2  (k) added................................................65029

[[Page 549]]

319.56-2d  (b)(8) added; interim...................................63536
319.56-2h  (b) revised..............................................8465
    Regulation at 67 FR 8465 confirmed.............................18463
319.56-2i  (a) revised..............................................8466
    Regulation at 67 FR 8465 confirmed.............................18463
319.56-2p  (f) revised..............................................8466
    Regulation at 67 FR 8466 confirmed.............................18463
319.56-2r  (g)(2) revised...........................................8466
    Regulation at 67 FR 8466 confirmed.............................18463
319.56-2s  (f)(2) revised...........................................8466
    Regulation at 67 FR 8466 confirmed.............................18463
319.56-2u  (b)(7) amended...........................................8180
319.56-2x  (a) table amended........................................8180
    (a) introductory text revised..................................65029
319.56-2jj  Added..................................................64738
319.77-3  (a) removed; (b) through (e) redesignated as (a) through 
        (d)........................................................59453
331  Added (OMB Numbers); interim..................................52388
331.1  Amended; interim............................................60519
    331 Revised; eff. 2-11-03; interim.............................76925
352  Authority citation revised....................................46577
352.30  (b)(2), (3)(iii), (c)(1), (3) heading, (i) and (ii) 
        amended....................................................46578
353.1  Regulation at 66 FR 37116 confirmed..........................2317
    Amended.........................................................8466
    Regulation at 67 FR 8466 confirmed.............................18463
353.7  Regulation at 66 FR 37116 confirmed..........................2317
353.9  (b)(2) introductory text and (3) amended.....................8466
    Regulation at 67 FR 8466 confirmed.............................18463
354  Authority citation revised.............................48522, 56218
354.1  (a)(1) introductory text and (iii) revised; (a)(2) amended 
                                                                   48522
354.2  Table amended................................................1070
354.3  (b)(1) table, (c)(1) table, (d)(1) table, (e)(1) table and 
        (f)(1) table revised; interim..............................56218


                      []