[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2007 Edition]
[From the U.S. Government Printing Office]
[[Page 1]]
TITLE 7--AGRICULTURE
(This book contains parts 300 to 399)
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SUBTITLE B--Regulations of the Department of Agriculture (Continued)
Part
chapter iii--Animal and Plant Health Inspection Service,
Department of Agriculture................................. 300
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Subtitle B--Regulations of the Department of Agriculture (Continued)
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CHAPTER III--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF
AGRICULTURE
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Part Page
300 Incorporation by reference.................. 7
301 Domestic quarantine notices................. 8
302 District of Columbia; movement of plants and
plant products.......................... 171
305 Phytosanitary treatments.................... 171
318 Hawaiian and territorial quarantine notices. 240
319 Foreign quarantine notices.................. 279
322 Bees, Beekeeping Byproducts, and Beekeeping
Equipment............................... 453
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 466
331 Possession of biological agents and toxins.. 485
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............................. 496
351 Importation of plants or plant products by
mail.................................... 514
352 Plant quarantine safeguard regulations...... 516
353 Export certification........................ 528
354 Overtime services relating to imports and
exports; and user fees.................. 538
355 Endangered species regulations concerning
terrestrial plants...................... 564
356 Forfeiture procedures....................... 570
360 Noxious weed regulations.................... 574
361 Importation of seed and screenings under the
Federal Seed Act........................ 577
370 Freedom of information...................... 593
371 Organization, functions, and delegations of
authority............................... 595
372 National Environmental Policy Act
implementing procedures................. 601
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380 Rules of practice governing proceedings
under certain acts...................... 606
381-399
[Reserved]
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PART 300_INCORPORATION BY REFERENCE
Subpart_Materials Incorporated by Reference
Sec.
300.1 [Reserved]
300.2 Dry Kiln Operator's Manual.
300.3 Reference Manual A.
300.4 Reference Manual B.
300.5 International Standards for Phytosanitary Measures.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Source: 67 FR 8463, Feb. 25, 2002, unless otherwise noted.
Editorial Note: Nomenclature changes to part 300 appear at 69 FR
18803, Apr. 9, 2004.
Sec. 300.1 [Reserved]
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 National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; 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 APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; 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 APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
(2) May be obtained by writing to Phytosanitary Issues Management,
[[Page 8]]
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. 300.5 International Standards for Phytosanitary Measures.
(a) The International Standards for Phytosanitary Measures
Publication No. 4, ``Requirements for the Establishment of Pest Free
Areas,'' which was published February 1996 by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization 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 International Standards for
Phytosanitary Measures Publication No. 4:
(1) Are available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; 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/standards/.
[68 FR 37915, June 25, 2003]
PART 301_DOMESTIC QUARANTINE NOTICES
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 and management method.
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_Emerald Ash Borer
301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.
301.53-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited permits.
301.53-9 Costs and charges.
Subpart_Mexican Fruit Fly Quarantine and Regulations
301.64 Restrictions on interstate movement of regulated articles.
301.64-1 Definitions.
301.64-2 Regulated articles.
301.64-3 Quarantined 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.
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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.
301.75-17 Funds for the replacement of certified citrus nursery stock.
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.
[[Page 11]]
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.
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, disinfection, and disposal.
301.89-13 Treatments.
301.89-14 [Reserved]
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,
National Survey participants, and certain custom harvesters
and equipment owners or lessees 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.
[[Page 12]]
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.
Subpart_Sapote Fruit Fly
301.99 Restrictions on interstate movement of regulated articles.
301.99-1 Definitions.
301.99-2 Regulated articles.
301.99-3 Quarantined areas.
301.99-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.99-5 Issuance and cancellation of certificates and limited permits.
301.99-6 Compliance agreements and cancellation.
301.99-7 Assembly and inspection of regulated articles.
301.99-8 Attachment and disposition of certificates and limited permits.
301.99-9 Costs and charges.
301.99-10 Treatments.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under
Sec. 203, Title II, Public Law 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\
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\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]
[[Page 13]]
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.
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart, a
Berberis plant will be considered clonally propagated only if its parent
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
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
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(d) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia, 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)(1) and (a)(2).
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\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.
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Rust-susceptible plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia not listed as rust-resistant under Sec.
301.38-2 (a)(1) and (a)(2).
Regulated article. Any article listed in Sec. 301.38-2 (a)(1)
through (a)(3) of this subpart or otherwise designated as a regulated
article in accordance with Sec. 301.38-2(a)(4) of this subpart.
Seedling. Any plant of the genera Berberis, Mahoberberis, and
Mahonia
[[Page 14]]
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; 71 FR 5778, Feb. 3, 2006]
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 plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species and
varieties.
B. aggregataxB. 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'
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 'Admiration'
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])
[[Page 15]]
B. thunbergii 'Bailtwo'
B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
B. thunbergii 'Bonanza Gold'
B. thunbergii 'Concorde'
B. thunbergii 'Crimson Ruby'
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 Carpet'
B. thunbergii 'Golden Devine'
B. thunbergii 'Golden Pygmy'
B. thunbergii 'Golden Rocket'
B. thunbergii 'Golden Ruby'
B. thunbergii 'Green Carpet'
B. thunbergii 'Harlequin'
B. thunbergii 'Helmond Pillar'
B. thunbergii 'Kobold'
B. thunbergii 'Lime Glow'
B. thunbergii 'Lustre Green'
B. thunbergii 'Maria'
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 'Pow Wow'
B. thunbergii 'Red Carpet'
B. thunbergii 'Red Rocket'
B. thunbergii 'Rosy Rocket'
B. thunbergii 'Royal Burgundy'
B. thunbergii 'Royal Cloak'
B. thunbergii 'Sparkle'
B. thunbergii 'Talago'
B. thunbergii 'Thornless'
B. thunbergii 'Tiny Gold'
B. thunbergii 'Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergiix'Bailsel' (Golden Carousel [reg])
B. thunbergiix'Tara' (Emerald Carousel [reg])
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B.xcarminea 'Pirate King'
B.xfrikartii 'Amstelveen'
(2) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species and varieties, 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'
(3) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for
decorative purposes.
(4) Any other product or article not listed in paragraphs (a)(1)
through (a)(3) of this section that an inspector determines presents a
risk of spread of black stem rust. The inspector must notify the person
in possession of the product or article that it is subject to the
provisions of this subpart.
(b) A person may request that an additional rust-resistant variety
be added to paragraph (a)(1) or (a)(2) of this section. The person
requesting that a
[[Page 16]]
rust-resistant variety be added to paragraph (a)(1) or (a)(2) 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, as amended at 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(d) 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;
(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.
[[Page 17]]
(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 (d) 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; 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. Interstate movement of regulated articles
into or through any State or area that is not designated as a protected
area under Sec. 301.38-3(d) 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 rust-susceptible Berberis, Mahoberberis, and Mahonia plants,
seeds, fruits, and other plant parts capable of propagation, except
Mahonia cuttings for decorative purposes.
(ii) All seed-propagated plants of the Berberis species and
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this
subpart that are of less than 2 years' growth, and any seeds, fruits,
and other plant parts capable of propagation from such plants.
(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 Sec. Sec. 301.38-5 and 301.38-7
of this subpart:
(i) Seed-propagated plants of at least 2 years' growth, clonally
propagated plants of any age, seeds, fruits, and other plant parts
capable of propagation of the Berberis species and varieties designated
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in Sec. 301.38-2(a)(2) 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; 71
FR 5778, Feb. 3, 2006]
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
[[Page 18]]
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, 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
[[Page 19]]
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]
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
[[Page 20]]
limited to, awnings, tents, outdoor furniture, trailer blocks, and
trailer skirts.
Bark. The tough outer covering of the woody stems of trees, shrubs,
and other woody plants as distinguished from the cambium and inner wood.
Bark products. Products containing pieces of bark including bark
chips, bark nuggets, bark mulch, and bark compost.
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 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
[[Page 21]]
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 bark and bark products.
(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 Program Manual. \2\
---------------------------------------------------------------------------
\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.
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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; 70 FR 33268, June 7, 2005; 71 FR 40878, July
19, 2006]
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
[[Page 22]]
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.
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.
[[Page 23]]
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, 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.
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.
Guernsey 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.
[[Page 24]]
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.
Seneca 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.
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 Roanoke. The entire city.
City of Salem. 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.
Craig 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.
Giles 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.
[[Page 25]]
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.
Roanoke 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.
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.
Jackson 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.
Monroe 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
Adams County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Columbia County. The entire county.
Dane 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.
Juneau County. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
Langlade County. The entire county.
Lincoln County. The entire county.
Manitowoc County. The entire county.
Marathon County. The entire county.
Marinette County. The entire county.
Marquette County. The entire county.
Menominee County. The entire county.
Milwaukee County. The entire county.
Oconto County. The entire county.
Oneida 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.
Sauk County. The entire county.
Shawano County. The entire county.
Sheboygan County. The entire county.
Vilas County. The entire county.
Walworth County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Waupaca County. The entire county.
[[Page 26]]
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; 69 FR 31723, June 7,
2004; 71 FR 25064, Apr. 28, 2006; 71 FR 53547, Sept. 12, 2006; 71 FR
66830, Nov. 17, 2006]
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
Sec. Sec. 301.45-5 and 301.45-8. \3\
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\3\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
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(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
Sec. Sec. 301.45-5 and 301.45-8.
(b) A regulated article originating outside of any generally
infested area 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
August. 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 bark and bark products, 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.
[58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71
FR 40878, July 19, 2006]
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
[[Page 27]]
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 and part
305 of this chapter; 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 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
[[Page 28]]
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;
70 FR 33268, June 7, 2005]
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 and part 305 of this chapter. 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 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;
70 FR 33268, June 7, 2005]
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
[[Page 29]]
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 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]
[[Page 30]]
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, Arkansas, Connecticut,
Delaware, Georgia, Illinois, Indiana, Iowa, 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, Colorado, Idaho, Montana, 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; 68 FR 43614, July 24, 2003; 69 FR 40534,
July 6, 2004; 71 FR 35493, June 21, 2006]
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:
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.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996;
70 FR 33268, June 7, 2005]
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
[[Page 31]]
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
(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 part 305 of this
chapter 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
part 305 of this chapter.
(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.
[[Page 32]]
(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; 70
FR 33268, June 7, 2005]
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]
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]
[[Page 33]]
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.
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 bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
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; 71
FR 13925, Mar. 20, 2006]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark products; 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
[[Page 34]]
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; 71 FR 13925, Mar. 20, 2006]
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 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:
Connecticut
The entire State.
Illinois
Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess 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.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.
Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stark 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.
Bartholomew 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.
Dearborn County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
[[Page 35]]
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin 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.
Jennings 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.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan 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.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley 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.
Union County. The entire county.
Vermillion County. The entire county.
Vigo 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.
Iowa
Dubuque County. The entire county.
Scott 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.
Montgomery County. The entire county.
Washington County. The entire county.
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
The entire State.
New Hampshire
The entire State.
New Jersey
Bergen County. The entire county.
Hunterdon County. The entire county.
Passaic County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
New York
Albany County. The entire county.
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.
Clinton County. The entire county.
Columbia County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Essex County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Genesee County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Herkimer 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.
Montgomery County. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario County. The entire county.
Orange County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Rensselaer County. The entire county.
St. Lawrence County. The entire county.
Saratoga County. The entire county.
Schenectady County. The entire county.
Schoharie County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Steuben County. The entire county.
[[Page 36]]
Sullivan County. The entire county.
Tioga County. The entire county.
Tompkins County. The entire county.
Ulster County. The entire county.
Warren County. The entire county.
Washington 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.
Athens 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.
Gallia 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.
Highland County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Lawrence 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.
Meigs County. The entire county.
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.
Pike County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Ross County. The entire county.
Sandusky County. The entire county.
Scioto 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.
Washington 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
The entire State.
Rhode Island
The entire State
Vermont
The entire State.
Virginia
Clarke County. The entire county.
West Virginia
The entire state.
Wisconsin
The entire State.
[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; 69 FR 244, Jan. 5, 2004; 69 FR 31725, June
7, 2004; 70 FR 30330, May 26, 2005; 71 FR 29762, May 24, 2006; 71 FR
58245, Oct. 3, 2006]
[[Page 37]]
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 Sec. Sec. 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 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, if
pine bark products, produced according to the requirements of the
management method in Sec. 301.50-10(d) 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 1 through October 31 or if the
regulated article is pine bark products produced from a tree felled and
debarked during the period of July 1 through October 31; 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
[[Page 38]]
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 pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31, will
be shipped interstate from the quarantined area during the period of
July 1 through October 31 of the same year in which the source tree was
felled; 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 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
[[Page 39]]
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; 71 FR 13925, Mar. 20, 2006]
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.
---------------------------------------------------------------------------
(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
[[Page 40]]
---------------------------------------------------------------------------
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 and management method.
(a) Fumigation is authorized for use on pine logs with bark
attached, pine lumber with bark attached, pine bark products, and pine
stumps, as follows: Logs, lumber, and stumps may be treated with methyl
bromide at normal atmospheric pressure with 48 g/m\3\ (3 lb/1000 ft\3\)
for 16 hours at 21 [deg]C (70 [deg]F) or above, or 80 g/m\3\ (5 lb/1000
ft\3\) 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 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.
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
[[Page 41]]
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must either
be ground into pieces of 1 inch or less in diameter or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less in
size or composted in accordance with the procedure in paragraph (d)(3)
of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200 cubic
yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or
over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first pile and used to cover the second compost pile to a depth of 3
feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material must remain undisturbed
until the interior temperature of the pile reaches 120 [deg]F (49
[deg]C) and remains at or over that temperature for 4 consecutive days.
After this 4-day period, the composting procedure is complete.
[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; 71 FR 13925, Mar. 20, 2006]
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.
[[Page 42]]
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:
(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),
Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash),
Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain
ash), and Ulmus (elm).
(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; 68
FR 26985, May 19, 2003]
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:
New Jersey
Middlesex and Union Counties. That portion of the counties,
including the municipalities of Roselle, Elizabeth City, Linden,
Carteret, Woodbridge, Rahway, and Clark, that is bounded by a line drawn
as follows: Beginning at the intersection of Locust Street (County Road
619) and West Grand Avenue
[[Page 43]]
(Union County 610) in Roselle, NJ; then east on West Grand Avenue to
Chilton Street; then south on Chilton Street to South Street; then east
on South Street to Broad Street; then south on Broad Street to Summer
Street; then east on Summer Street to the Elizabeth River; then east
along the Elizabeth River to the Arthur Kill; then south along the
Arthur Kill (New Jersey and New York State border) to the point where
Roosevelt Avenue (State Route 602) meets the Arthur Kill in Carteret,
NJ; then south along Roosevelt Avenue to Port Reading Avenue (State
Route 604); then west southwest along Port Reading Avenue to the Conrail
railroad; then north and west along the Conrail railroad right-of-way to
the NJ Transit railroad right-of-way; then north and northwest along the
NJ Transit railroad right-of-way to the south branch of the Rahway
River; then west along the south branch of the Rahway River to St.
Georges Avenue (State Highway 27); then north along St. Georges Avenue
to its intersection with the eastern border of Rahway River Park (Union
County Park); then north along the eastern border of Rahway River Park
to the intersection of Valley Road and Union County Parkway; then north
along Union County Parkway to North Stiles Street; then northwest along
North Stiles Street to Raritan Road; then northeast along Raritan Road
to the perpendicular intersection of Raritan Road and the Cranford/
Linden township border (144 Raritan Road); then north along the
Cranford/Linden border to Myrtle Street; then east along Myrtle Street
to the intersection of Amsterdam Avenue and Wood Avenue; then southeast
along Wood Avenue to 5th Avenue; then northeast along 5th Avenue to
Locust Street; then north along Locust 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 Wards Island; then
east and south along the shoreline of Randall's and Wards 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 the Grand Central Parkway;
then west on the Grand Central Parkway to the Jackie Robinson Parkway;
then west on the Jackie Robinson Parkway to Park Lane; then south on
Park Lane to Park Lane South; then south and west on Park Lane South to
112th Street; then south on 112th Street to Atlantic Avenue; then west
on Atlantic Avenue to 106th Street; then south on 106th Street to
Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then south
on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to
Canton Avenue; then west on Canton Avenue to the Prospect Expressway;
then north and west on the Prospect Expressway to the Gowanus
Expressway; then north and west on the Gowanus Expressway to Hamilton
Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue
and 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 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
[[Page 44]]
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; 68 FR 26985, May 19, 2003; 69 FR 10600,
Mar. 8, 2004; 70 FR 4005, Jan. 28, 2005; 70 FR 21327, Apr. 26, 2005; 70
FR 61351, Oct. 24, 2005; 71 FR 40880, July 19, 2006; 71 FR 59651, Oct.
11, 2006]
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 Sec. Sec. 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).
---------------------------------------------------------------------------
(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
[[Page 45]]
(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 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
[[Page 46]]
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
(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
[[Page 47]]
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.
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
[[Page 48]]
designated by the Deputy Administrator under Sec. 301.52-2(a).
[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; 70 FR 33268, June 7, 2005]
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.
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. \2\
---------------------------------------------------------------------------
\2\ 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 Sec. Sec. 301.52-4 and 301.52-7 if moved:
[[Page 49]]
(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;
70 FR 33268, June 7, 2005]
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 part
305 of this chapter; 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 part 305 of this chapter, when upon evaluation of the circumstances
involved in each specific case the inspector 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 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
[[Page 50]]
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 the inspector determines that the
holder thereof has not complied with any condition for the use of such
document imposed by this subpart.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
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 the inspector 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.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
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 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
[[Page 51]]
regulations in this subpart, other than for the services of the
inspector.
Subpart_Emerald Ash Borer
Source: 68 FR 59088, Oct. 8, 2003, unless otherwise noted.
Sec. 301.53-1 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 that is issued for a regulated article by an
inspector or by a person operating under a compliance agreement and that
represents that such article is eligible for interstate movement in
accordance with Sec. 301.53-5(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.
Emerald ash borer. The insect known as emerald ash borer (Agrilus
planipennis [Coleoptera: Buprestidae]) in any stage of development.
Infestation. The presence of the emerald ash borer or the existence
of circumstances that make it reasonable to believe that the ash borer
is present.
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 or a person
operating under a compliance agreement 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. 301.53-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.53-3(b).
Regulated article. Any article listed in Sec. 301.53-2(a) or
otherwise designated as a regulated article in accordance with Sec.
301.53-2(b).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.53-2 Regulated articles.
The following are regulated articles:
(a) The emerald ash borer; firewood of all hardwood (non-coniferous)
species; nursery stock, green lumber, and other material living, dead,
cut, or fallen, including logs, stumps, roots, branches, and composted
and uncomposted chips of the genus Fraxinus.
(b) Any other article, product, or means of conveyance not listed in
paragraph (a) of this section may be designated as a regulated article
if an inspector determines that it presents a risk of spreading emerald
ash borer and notifies the person in possession of the article, product,
or means of conveyance that it is subject to the restrictions of the
regulations.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]
Sec. 301.53-3 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 emerald
ash borer has been found by an inspector, in which the Administrator has
reason to believe that the emerald ash borer is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities where
emerald ash borer has been found. Less than an entire State will be
designated
[[Page 52]]
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
emerald ash borer.
(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:
Indiana
Adams County. The entire county.
Hamilton County. The entire county.
Huntington County. The entire county.
LaGrange County. The entire county.
Marion County. The entire county.
Randolph County. The entire county.
Steuben County. The entire county.
Michigan
Upper Peninsula: Chippewa County. Brimley area. That portion of the
county bounded by a line drawn as follows: Beginning at the intersection
of Michigan Route 28 and Crawford Street; then north on Crawford Street
to Irish Line Road; then north on Irish Line Road to its end and
continuing north along an imaginary line to the Bay Mills/Superior
Township line; then north and east along the Bay Mills/Superior Township
line to the Lake Superior shoreline; then east along the Lake Superior
shoreline to the Bay Mills/Soo Township line; then south on the Bay
Mills/Soo Township line to the intersection of the Dafter and Superior
Township lines at 6 Mile Road; then south along the Dafter/Superior
Township line to Forrest Road; then south on Forrest Road to Michigan
Route 28; then west on Michigan Route 28 to the point of beginning.
[Note: This quarantined area includes tribal land of the Bay Mills
Indian Community. Movement of regulated articles on those lands is
subject to tribal jurisdiction.]
Lower Peninsula: All counties, in their entirety (i.e., Alcona,
Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch,
Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton,
Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron,
Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent,
Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason,
Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon,
Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa,
Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph,
Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).
Ohio
Auglaize County. Duchouquet Township.
Defiance County. The entire county.
Delaware County. Delaware Township, Orange Township.
Erie County. The entire county, excluding Kelleys Island.
Fulton County. The entire county.
Hancock County. Allen Township, Cass Township, Pleasant Township,
Portage Township, and Washington Township.
Henry County. The entire county.
Huron County. Bronson Township, Clarksfield Township, Harland
Township, Lyme Township, Norwalk Township, Peru Township, Ridgefield
Township, Sherman Township, Townsend Township, and Wakeman Township.
Lorain County. Brownhelm Township, Camden Township, Henrietta
Township, and the City of Vermilion.
Lucas County. The entire county.
Ottawa County. The entire county, excluding Ballast, Green, Middle
Bass, North Bass, Rattlesnake, South Bass, Starve, and Sugar Islands.
Sandusky County. The entire county.
Williams County. The entire county.
[[Page 53]]
Wood County. The entire county.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR
10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24,
2006; 71 FR 57873, Oct. 2, 2006]
Sec. 301.53-4 Conditions governing the interstate movement of
regulated articles from quarantined areas.
Regulated articles may be moved interstate from a quarantined area
only if moved under the following conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.53-5 and 301.53-8;
(b) Without a certificate or limited permit if:
(1) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(2) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
(i) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(ii) The regulated article, if moved through the quarantined area
during the period of May 1 through August 31 or when the ambient air
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or
is completely covered to prevent access by the EAB; and
(iii) The regulated article is moved directly 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 handled at locations approved by an inspector as not posing a
risk of infestation by emerald ash borer; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity.
Sec. 301.53-5 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 the 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 EAB, based on inspection; or the
article or
(ii) Has been grown, produced, manufactured, stored, or handled in a
manner that, in the judgment of the inspector, prevents the regulated
article from presenting a risk of spreading EAB; and
(2) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 414 of the
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------
\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 423
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(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 emerald ash borer because
emerald ash borer will be destroyed by the specific processing,
handling, or utilization; and
(2) Is to be moved in compliance with any additional emergency
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
emerald ash borer; and
[[Page 54]]
(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. 301.53-6 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 canceled 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-6 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 provision 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, MD 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 compliance
agreement has been canceled 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-7 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. 301.53-5.
---------------------------------------------------------------------------
(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.
(Approved by the Office of Management and Budget under control number
0579-0233)
[[Page 55]]
Sec. 301.53-8 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 regulated article;
(2) The container carrying the regulated article; 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-9 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_Mexican Fruit Fly Quarantine and Regulations
Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.
Sec. 301.64 Restrictions on interstate movement of regulated articles.
No person shall move any regulated article interstate from any
quarantined area except in accordance with this subpart.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 plant pests, including
live Mexican fruit flies, in interstate commerce are contained in part
330 of this chapter.
[70 FR 37253, June 29, 2005]
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.
Departmental permit. A document issued by the Administrator in which
he or she affirms that the 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. 301.64-4(c).
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.
Infestation. The presence of the Mexican fruit fly or the existence
of circumstances that make it reasonable to
[[Page 56]]
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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.64-3(c) or otherwise designated as a quarantined 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; 70 FR 37253, June 29, 2005]
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 57]]
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 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a quarantined area in paragraph
(c) of this section, each 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 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
State will be designated as a quarantined 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 quarantined
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 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. Written notice of such designation shall be given
to the owner or person in possession of such nonquarantined 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 quarantined areas:
Texas
Cameron County. The entire county.
Hidalgo County. The entire county.
Willacy County. The entire county.
[48 FR 54580, Dec. 6, 1983]
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 quarantined areas.
Any regulated article may be moved interstate from a quarantined
area 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 Sec. Sec. 301.64-5 and 301.64-8;
(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 Mexican 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 clearly
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 normal traffic conditions,
such as traffic lights or stop signs; or
(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;
[[Page 58]]
(3) Under conditions specified on the departmental permit and found
by the Administrator to be adequate to prevent the spread of Mexican
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 the container.
(Approved by the Office of Management and Budget under control number
0579-0238)
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992; 70 FR
37254, June 29, 2005]
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 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
[[Page 59]]
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
local offices of the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine. Local offices are listed in telephone
directories, or on the Internet at http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(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; 70
FR 37254, June 29, 2005]
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), 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 on the Internet at
http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(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; 70
FR 37254, June 29, 2005]
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
[[Page 60]]
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 services of an 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.
[70 FR 37254, June 29, 2005]
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 part 305 of this chapter.
(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 part
305 of this chapter.
(e) Grapefruit, oranges, and tangerines. High-temperature forced air
in accordance with part 305 of this chapter.
(f) Citrons, litchis, longans, persimmons, and white sapotes. Cold
treatment in accordance with the following schedule, which is also found
in part 305 of this chapter:
------------------------------------------------------------------------
Treatment ([deg]F) Exposure period (days)
------------------------------------------------------------------------
33 or below.............................. 18
34 or below.............................. 20
35 or below.............................. 22
------------------------------------------------------------------------
(g) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of part 305 of this chapter, is approved
as a treatment for any fruit listed as a regulated article in Sec.
301.64-2(a).
(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 150 Gray (15 krad) to the fruit; \8\
---------------------------------------------------------------------------
\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food are 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 fruit, except that
[[Page 61]]
fruit 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. 301.64-6; 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 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(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 150 Gray (15 krad).\11\
---------------------------------------------------------------------------
\11\ See footnote 8.
---------------------------------------------------------------------------
(5) Dosimetry systems. (i) Dosimetry mapping must indicate the dose
needed to ensure the fruit will receive the minimum dose prescribed.
(ii) Absorbed dose must be measured using an accurate dosimetry
system that ensures that the absorbed dose meets or exceeds 150 Gray (15
krad).
(iii) 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.\12\
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
(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,
[[Page 62]]
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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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 (g)(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 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 Mexican fruit fly. From
the literature available, the fruits 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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[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; 68 FR 8819, Feb.
26, 2003; 70 FR 33268, June 7, 2005; 70 FR 37254, June 29, 2005; 71 FR
4459, Jan. 27, 2006]
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
[[Page 63]]
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 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
[[Page 64]]
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 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. Owners of commercial
stone fruit orchards are 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).
(i) Direct marketers. Orchard owners eligible for compensation under
this paragraph who market all fruit they produce under the conditions
described in this paragraph may receive compensation at the rates
specified in paragraph (b)(1)(i) of this section. In order to be
eligible to receive compensation at the rates specified in paragraph
(b)(1)(i) of this section, orchard owners must have marketed fruit
produced in orchards subsequently destroyed because of plum pox under
the following conditions:
(A) The fruit must have been sold exclusively at farmers markets or
similar outlets that require orchard owners to sell only fruit that they
produce;
(B) The fruit must not have been marketed wholesale or at reduced
prices in bulk to supermarkets or other retail outlets;
(C) The fruit must have been marketed directly to consumers; and
(D) Orchard owners must have records documenting that they have met
the requirements of this section, and must submit those records to APHIS
as part of their application submitted in accordance with paragraph (c)
of this section.
[[Page 65]]
(ii) All other orchard owners. Orchard owners eligible for
compensation under this paragraph who do not meet the requirements of
paragraph (a)(1)(i) of this section are eligible for compensation only
in accordance with paragraph (b)(1)(ii) of this section.
(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--(i) Direct marketers.
Owners of commercial stone fruit orchards who APHIS has determined meet
the eligibility requirements of paragraph (a)(1)(i) of this section will
be compensated according to the following table 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 ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 9,584 1,710 1,520
2.......................................................... 13,761 1,710 1,520
3.......................................................... 17,585 1,710 1,520
4.......................................................... 21,888 1,710 1,520
5.......................................................... 25,150 1,710 1,520
6.......................................................... 25,747 1,710 1,520
7.......................................................... 25,859 1,710 1,520
8.......................................................... 25,426 1,710 1,520
9.......................................................... 24,938 1,710 1,520
10......................................................... 24,390 1,710 1,520
11......................................................... 23,774 1,710 1,520
12......................................................... 23,080 1,710 1,520
13......................................................... 22,300 1,710 1,520
14......................................................... 21,422 1,710 1,520
15......................................................... 20,434 1,710 1,520
16......................................................... 19,323 1,710 1,520
17......................................................... 18,185 1,710 1,520
18......................................................... 17,017 1,710 1,520
19......................................................... 15,814 1,710 1,520
20......................................................... 14,572 1,710 1,520
21......................................................... 13,287 1,710 1,520
22......................................................... 12,066 1,710 1,520
23......................................................... 10,915 1,710 1,520
24......................................................... 9,620 1,710 1,520
25......................................................... 8,163 1,710 1,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) All other orchard owners. Owners of commercial stone fruit
orchards who meet the eligibility requirements of paragraph (a)(1)(ii)
of this section will be compensated according to the following table 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
[[Page 66]]
does not exceed 100 percent of the loss in value.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum compensation rate ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 4,805 828 736
2.......................................................... 7,394 828 736
3.......................................................... 9,429 828 736
4.......................................................... 12,268 828 736
5.......................................................... 14,505 828 736
6.......................................................... 14,918 828 736
7.......................................................... 15,000 828 736
8.......................................................... 14,709 828 736
9.......................................................... 14,383 828 736
10......................................................... 14,015 828 736
11......................................................... 13,601 828 736
12......................................................... 13,136 828 736
13......................................................... 12,613 828 736
14......................................................... 12,024 828 736
15......................................................... 11,361 828 736
16......................................................... 10,616 828 736
17......................................................... 9,854 828 736
18......................................................... 9,073 828 736
19......................................................... 8,272 828 736
20......................................................... 7,446 828 736
21......................................................... 6,594 828 736
22......................................................... 5,789 828 736
23......................................................... 5,035 828 736
24......................................................... 4,341 828 736
25......................................................... 3,713 828 736
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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 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
[[Page 67]]
stock. Claims must be submitted as follows:
(1) Claims by owners of stone fruit orchards who are direct
marketers. The completed application must be accompanied by:
(i) A copy of the emergency action notification ordering the
destruction of the trees and its accompanying inventory that describes
the acreage and ages of trees removed;
(ii) Documentation verifying that the destruction of trees has been
completed and the date of that destruction; and
(iii) Records documenting that the grower meets the eligibility
requirements of paragraph (a)(1)(i) of this section.
(2) Claims by owners of commercial stone fruit orchards who are not
direct marketers. The completed application must be accompanied by a
copy of the emergency action notification 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.
(3) 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. Trees of susceptible Prunus species (i.e., Prunus
species identified as regulated articles) may not be replanted on
premises within a contiguous quarantined area until 3 years from the
date the last trees within that area were destroyed because of plum pox
pursuant to an emergency action notification issued by APHIS.
(Approved by the Office of Management and Budget under control numbers
0579-0159 and 0579-0251)
[65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004]
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.
Budded citrus nursery stock. Liners or rootstock citrus plants that
have been grafted with a portion of a stem or branch with a vegetative
bud (also known as budwood) that are maintained 1 month after grafting
or until the plant reaches marketability.
Budded container/greenhouse grown citrus plants. Individual, budded
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
Budded field grown citrus plants. Individual, budded citrus nursery
stock maintained in the fields until it is sold for commercial use.
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.
Certified citrus nursery stock. Citrus nursery stock, such as trees
or plants, grown at a nursery that is in compliance with State
certification requirements and approved for producing citrus nursery
stock for commercial sale.
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 nursery. An establishment engaged in, but not
limited to, the production of certified citrus nursery stock, including
plants for
[[Page 68]]
planting or replanting in commercial groves or for wholesale or retail
sales.
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 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.
Liner or rootstock. Culled seedlings in the growing stage prior to
the budding process.
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.
Seedlings. Certified citrus seeds densely planted in seed beds and
allowed to germinate and grow until their viability as liners or
rootstock can be assessed.
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,
[[Page 69]]
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; 71 FR 33172,
June 8, 2006]
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 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: The State of Florida.
(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
quarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the quarantined 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
[[Page 70]]
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.
(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.
(3) Inspections. (i) 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, between May 1 through December 31, by an inspector.
(ii) In the quarantined area, every regulated plant and regulated
tree at
[[Page 71]]
every nursery containing regulated plants or regulated trees is
inspected for citrus canker by an inspector at intervals of no more than
45 days.
(4) 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 premises to provide these services
must be treated in accordance with Sec. 301.75-11(c) of this subpart
upon leaving the grove or premises.
(5) 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.
(6) Interstate movement of regulated fruit. When less than an entire
State is designated as a quarantined area, regulated fruit produced in a
quarantined area may be moved interstate in accordance with Sec.
301.75-7(a) provided the following additional conditions are met:
(i) 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:
(A) The stage of maturity of the exposed plant at the time of
exposure and the size and degree of infestation to which the plants were
exposed,
(B) The proximity of exposed plants to infected plants or
contaminated articles at the time of exposure, and
(C) The length of time the plants were exposed.
(ii) [Reserved]
[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; 69 FR 55317, Sept. 14, 2004; 70
FR 9209, Feb. 25, 2005; 70 FR 33268, June 7, 2005; 71 FR 43351, Aug. 1,
2006]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The following are designated as commercial citrus-producing
areas:
American Samoa
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 72]]
Sec. 301.75-6 Interstate movement of regulated articles from a
quarantined area, general requirements.
Regulated articles 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:
(a) Inspections. (1) 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.
(2) 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 must be treated
in accordance with Sec. 301.75-11(d) upon leaving the grove. All
personnel who enter the grove or premises to provide these services must
be treated in accordance with Sec. 301.75-11(c) upon leaving the grove.
(b) Regulated plants and trees produced in a nursery located in a
quarantined area that are not eligible for movement under paragraph (a)
of this section may be moved interstate only for immediate export. The
regulated plants and trees must be accompanied by a limited permit
issued in accordance with Sec. 301.75-12 and must be moved in a
container sealed by APHIS directly to the port of export in accordance
with the conditions of the limited permit.
[71 FR 43351, Aug. 1, 2006]
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) No more than 30 days before the beginning of harvest, every tree
was inspected by an inspector and the grove was found free of citrus
canker. Further, in groves producing limes, every tree was inspected by
an inspector and the grove was found free of citrus canker every 120
days or less thereafter for as long as harvest continued.
(3) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(4) 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.
(5) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12. The boxes or other containers in which
the fruit is packaged must be clearly marked with the statement ``Not
for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam,
Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United
States.''
(b) Regulated fruit produced in a quarantined area that is not
eligible for movement under paragraph (a) of this section may be moved
interstate only for immediate export. The regulated fruit must be
accompanied by a limited permit issued in accordance with Sec. 301.75-
12 and must be moved in a container sealed by APHIS directly to the port
of export in accordance with the conditions of the limited permit.
(c) 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
[[Page 73]]
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;
71 FR 43352, Aug. 1, 2006]
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:
(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
[[Page 74]]
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 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
[[Page 75]]
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 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]
[[Page 76]]
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 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
[[Page 77]]
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 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 acreage, number, and the variety of trees
removed. Your completed application must be sent to the USDA Citrus
Canker Eradication Program, 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; 71 FR 33172,
June 8, 2006]
Sec. 301.75-17 Funds for the replacement of certified citrus nursery
stock.
Subject to the availability of appropriated funds, a commercial
citrus nursery may be eligible to receive funds to replace certified
citrus nursery stock in accordance with the provisions of this section.
(a) Eligibility. A commercial citrus nursery may be eligible to
receive funds to replace certified citrus nursery stock removed to
control citrus canker if the nursery stock was removed pursuant to a
public order after September 30, 2001, and before January 10, 2006.
(b) Certified citrus nursery stock payments. A commercial citrus
nursery that is eligible under paragraph (a) of this section to receive
funds to replace certified citrus nursery stock will, upon approval of
an application submitted in accordance with paragraph (c) of this
section, receive a payment calculated using the following rates:
------------------------------------------------------------------------
Type of certified nursery stock Payment (dollars)
------------------------------------------------------------------------
Seedlings............................. 0.18/plant.
Liners or rootstock................... 1.50/plant.
Budded field grown citrus plants...... 4.00/plant.
Budded container/greenhouse citrus 4.50/plant.
plants.
Citrus nursery stock in containers for
wholesale or retail sale:
1 gallon............................ 5.00/container.
3 gallon............................ 10.00/container.
5 gallon............................ 15.00/container.
7 gallon............................ 20.00/container.
Larger than 7 gallon................ 26.00/container.
------------------------------------------------------------------------
(c) How to apply for certified nursery stock replacement funds. The
form necessary to apply for funds to replace certified nursery stock may
be obtained
[[Page 78]]
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
type of the certified nursery stock removed. If the certified nursery
stock was planted in pots, the inventory should specify the size of the
container. If the certified nursery stock was bare root plants or in a
temporary container, the inventory should specify whether the plant was
non-budded or budded. The completed application must be sent to the USDA
Citrus Canker Eradication Program, Attn: Commercial Compensation, 10300
Sunset Dr., Suite 150, Miami, FL 33173. Claims for certified nursery
stock must be received by August 7, 2006.
[71 FR 33172, June 8, 2006]
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]
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
[[Page 79]]
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
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]
[[Page 80]]
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 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
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 Sec. Sec. 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.
[[Page 81]]
(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
(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
[[Page 82]]
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.
---------------------------------------------------------------------------
(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
[[Page 83]]
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 part 305 of this chapter to destroy
Mediterranean fruit fly are authorized for use on regulated articles.
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. (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/m\3\ (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/m\3\ (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 part 305 of this chapter, 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,
[[Page 84]]
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 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(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,
[[Page 85]]
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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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 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 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 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. 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.
(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
[[Page 86]]
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; 70 FR 33268, June 7,
2005; 71 FR 4459, Jan. 27, 2006; 71 FR 7395, Feb. 13, 2006]
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.
(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.
[[Page 87]]
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 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
[[Page 88]]
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 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]
[[Page 89]]
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 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.
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 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 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.
Pender County. The Hardie, George, farm located along a private
drive on the southeast side of State Secondary Road 1104, 0.3 mile north
of its intersection with State Secondary Road 1103.
The Peterson, Grady, farm located along a private drive on the
southeast side of State Secondary Road 1104, 0.3 mile north of its
intersection with State Secondary Road 1103.
The Zibelin, John, farm located 0.5 mile east of State Secondary
Road 1105, 1.2 miles south of its intersection with State Secondary Road
1104.
Robeson County. That area south of a line beginning at the
intersection of State Highway 211 with the Robeson-Bladen County line,
then west to its intersection with the Robeson-Hoke County line.
The Biggs, Furman, farm located on the west side of State Secondary
Road 1956, 0.3 mile southeast of its intersection with State Secondary
Road 1959.
The Blanks, Donnie, farm located on the west side of State Secondary
Road 1761, 0.3 mile north of its junction with State Secondary Road
1758.
The Britt, R.B., farm located on both sides of State Secondary Road
1765, 0.2 mile southeast of its junction with State Secondary Road 1758.
The Burnett, C.C., farm located on the north side of State Secondary
Road 1757, 0.2 mile northeast of its junction with State Road 1001.
The McMillan, J.P., farm located on both sides of State Secondary
Road 1770, 1.25 miles north of its junction with State Highway 211.
The McNair Investment farm located on the north side of State
Secondary Road 1764, 1.5 miles west of its intersection with State
Secondary Road 1762.
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.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Horry County. That area bounded by a line beginning at a point where
U.S. Highway 9 intersects the Horry-Marion County line, then east along
U.S. Highway 9 to State Secondary Highway 19, then southeast along State
Secondary Highway 19 to Lake Swamp, then southwest along Lake Swamp to
State Secondary Highway 99, then south and southwest along State
Secondary Highway 99 to U.S. Highway 501, then west along U.S. Highway
501 to the Little Pee Dee River, then north along the Little Pee Dee
River to the Lumber River, then north along the Lumber River to U.S.
Highway 9, the point of beginning.
The Adams, Lena J., farm located on the west side of State Highway
90, 1.2 miles west of its junction with the State Secondary Road known
as Pint Circle.
The Chestnut, Alberta, farm located on the west side of State
Highway 90, 0.3 mile west of its junction with the State Secondary Road
known as Pint Circle.
The James, Norman, farm located west of State Highway 90, 0.4 mile
west of its junction with an unpaved road known as Thompson Road.
The Jenerette, Miriam, farm located on the east side of State
Secondary Road 23, 3.4 miles south of its junction with State Highway
917.
The Lewis, Lula, farm located on the west side of State Highway 90,
0.4 mile west of its
[[Page 90]]
junction with an unpaved road known as Livingston Lane and 0.1 mile east
of its junction with an unpaved road known as Beecher Lane.
The Livingston, Donnie, farm located on the east side of State
Highway 90, 0.5 mile southeast of its junction with the State Secondary
Road known as Bombing Range Road, 0.6 mile southeast of its junction
with an unpaved road known as Dewitt Road, and 0.2 mile west of its
junction with an unpaved road known as Sand Hill Lane.
The Livingston, Pittman, farm located on the east side of State
Highway 90, 2.2 miles north of its junction with State Highway 22.
The Montgomery, Harry, farm located on the northwest side of State
Highway 76 in the Causey community, 2.2 miles northwest of its junction
with the State Secondary Road known as Sand Trap Road, 3.7 miles
northeast of its junction with an unpaved road known as Causey Road, 0.1
mile northwest of its junction with an unpaved road known as Griffins
Landing, and 0.15 mile northeast of its junction with an unpaved road
known as Flat River Road.
The Permenter, Lucille, farm located on the east and west side of
State Highway 57 at Worthar Cutoff junction, 0.5 mile south of the North
Carolina/South Carolina State line.
The Stanley, Andrew, farm located on the east side of State Highway
90, 0.2 mile east of its junction with an unpaved road known as Andrew
Road.
The Todd, Don, farm located west of State Highway 90, 0.4 mile west
of its junction with an unpaved road known as Tilley Swamp Road.
The Vereen, Rufus C., farm located east of State Highway 90, 0.4
mile east of its junction with the State Secondary Road known as Old
Chesterfield Road.
Marion County. The Brown, Lewis, farm located on the south side of
State Highway 76, 1.4 miles south of its junction with State Secondary
Road 201.
The Fowler, Herbert, Estate, farm located east of State Highway 501,
1.4 miles northeast of its junction with an unpaved road known as
Bowling Green Road and 0.1 mile north of its junction with an unpaved
road known as Salem Road.
The Rowell, Molite, farm located on the west side of State Secondary
Road 9, 0.2 mile west of its junction with an unpaved road known as
Molite Road.
The Taw Caw Plantation farm located on the south side of State
Highway 76, 1.3 miles south of its junction with an unpaved road known
as Bubba Road.
[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003]
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\
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\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.
(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
[[Page 91]]
from any quarantined State under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Sec. Sec. 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 Sec. Sec. 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 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
[[Page 92]]
(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 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
[[Page 93]]
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]
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.
[[Page 94]]
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\
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\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;
(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]
[[Page 95]]
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.
Montgomery County. The entire county.
Nevada County. The entire county.
Ouachita County. The entire county.
Perry County. The entire county.
Pike County. The entire county.
Polk County. The entire county.
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
[[Page 96]]
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 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
[[Page 97]]
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. The entire county.
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. The entire county.
Cherokee County. That portion of the county lying south and west of
a line beginning at the intersection of the Cherokee/Clay County line
and the North Carolina/Georgia State line; then north to U.S. Highway
64; then northwest along the southern shoreline of Hiwassee Lake to the
Tennessee State line.
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/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.
Clay County. That portion of the county lying southwest of State
Highway 69 and the North Carolina/Georgia State line; then north along
Interstate 70 to its intersection with U.S. Highway 64; then west along
U.S. Highway 64 to the Clay/Cherokee County boundary.
Cleveland County. The entire county.
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.
Durham County. That portion of the county lying south of Interstate
85.
Edgecombe County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S.
Highway
[[Page 98]]
64 Alternate; then west on U.S. Highway 64 Alternate to County Route
1252; then west of this northerly line to County Route 1408; then west
on County Route 1408 to County Route 1407; then south on County Route
1407 to the Edgecombe/Nash County line.
Gaston County. The entire county.
Greene County. The entire county.
Harnett County. The entire county.
Hertford County. That portion of the county lying south and east of
a line beginning at the intersection of State Highway 11 and the Bertie/
Hertford county line; then northeast on State Highway 11 to the U.S.
Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/
Gates County line.
Hoke County. The entire county.
Hyde County. The entire county.
Johnston County. The entire county.
Jones County. The entire county.
Lee County. The entire county.
Lenoir County. The entire county.
Martin County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
Mecklenburg County. The entire county.
Montgomery County. The entire county.
Moore County. The entire county.
Nash County. That portion of the county lying south and east of the
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95;
then north on Interstate 95 to State Highway 4; then east on State
Highway 4 to U.S. Highway 301; then east along a straight line from the
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
New Hanover County. The entire county.
Onslow County. The entire county.
Orange County. The portion of the county that lies south of
Interstate 85.
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.
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.
Polk County. The entire county.
Randolph County. That portion of the county lying south of the line
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64;
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
Richmond County. The entire county.
Robeson County. The entire county.
Sampson County. The entire county.
Scotland County. The entire county.
Stanly County. The entire county.
Tyrrell County. The entire county.
Union County. The entire county.
Wake County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wilson County. The entire county.
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. The entire county.
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 bordered by a line
beginning at the intersection of the Spartanburg/Cherokee County line
and State Secondary Highway 36; then northeast on State Secondary
Highway 36 to the South Carolina/North Carolina State line; then east
along the State line to the Cherokee/York County line; then south along
the Cherokee/York County line to the
[[Page 99]]
Cherokee/Union County line; then northwest on the Cherokee/Union 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.
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 bordered by a line
beginning at the intersection of the Greenville/Spartanburg County line
and State Secondary Highway 277; then northwest on State Secondary
Highway 277 to State Secondary Highway 560; then east on State Highway
11 to the unpaved county road--then north on the unpaved county road to
secondary system road--unpaved 118; then northeast on secondary system
road-unpaved 118 to the South Carolina/North Carolina State line; then
west along the South Carolina/North Carolina State line to the
Greenville/Pickens County line; then south along the Greenville/Pickens
County line to the Greenville/Laurens County line; then northeast along
the Greenville/Laurens 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. The entire county.
Orangeburg County. The entire county.
Pickens County. The entire county.
Richland County. The entire county.
Saluda County. The entire county.
Spartanburg County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Greenville County line
and State Secondary Highway 75; then northeast on State Secondary
Highway 75 to State Secondary Highway 127 in the town of Gramling; then
northeast on State Secondary Highway 127 to State Secondary Highway 37;
then north on State Secondary Highway 37 to State Highway 11; then east
on State Highway 11 to State Secondary Highway 943; then east on paved
county road to State Secondary Highway 42; then southeast on State
Secondary Highway 42 to State Secondary Highway 132; then northeast on
State Secondary Highway 132 to State Secondary Highway 58; then south on
State Secondary Highway 58 to State Secondary Highway 187; then east on
State Highway 11 to the Spartanburg/Cherokee County line; then south
along the Spartanburg/Cherokee County line to the Spartanburg/Laurens
County line; then north along the Spartanburg/Laurens 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
Anderson County. That portion of the county lying south of a line
beginning at the intersection of the Roane/Anderson County line and
Tennessee Highway 95; then northeast on Tennessee Highway 95 to
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the
Anderson/Knox County line.
Bedford County. That portion of the county lying south of a line
beginning at the intersection of the Marshall/Bedford County line and
Tennessee Highway 270; then southeast on Tennessee Highway 270 to U.S.
Highway 41A; then northwest on U.S. Highway 41A to Hickory Hill Road;
then east on Hickory Hill Road to Parson Road; then north on Parson Road
to Nashville Dirt Road; then northwest on Nashville Dirt Road to
Unionville-Deason Road; then east on Unionville-Deason Road to Edd Joyce
Road; then east on Edd Joyce Road to Coop Road; then southeast on Coop
Road to Tennessee Highway 82; then east on Tennessee Highway 82 to
Tennessee Highway 269; then south on Tennessee Highway 269 to Tennessee
Highway 64; then northeast on Tennessee Highway 64 to Knob Creek Road;
then east on Knob Creek Road to the Bedford/Coffee County line.
Benton County. That portion of the county lying south of a line
beginning at the intersection of the Carroll/Benton County line and U.S.
Highway 70; then east on U.S. Highway 70 to U.S. Highway 641; then south
on U.S. Highway 641 to Shiloh Church Road; then northeast on Shiloh
Church Road to Tennessee Highway 191; then northwest on Tennessee
Highway 191 to the line of latitude 36[deg] N; then east along the line
of latitude 36[deg] N to the Benton/Humphreys County line.
Bledsoe County. That portion of the county lying south of a line
beginning at the intersection of the Van Buren/Bledsoe County line and
Tennessee Highway 285; then southeast on Tennessee Highway 285 to
Bellview Road; then northeast on Bellview Road to Big Spring Gap Road;
then southeast on Big Spring Gap Road to Old State Highway 28; then
northeast on Old State Highway 28 to the Bledsoe/Cumberland County line.
[[Page 100]]
Blount County. That portion of the county lying south of a line
beginning at the intersection of the Knox/Blount County line and U.S.
Highway 129; then south on U.S. Highway 129 to U.S. Highway 321; then
east on U.S. Highway 321 to the Blount/Sevier County line.
Bradley County. The entire county.
Carroll County. That portion of the county lying southeast of a line
beginning at the intersection of the Gibson/Carroll County line and U.S.
Highway 79/70A; then northeast on U.S. Highway 79/70A to U.S. Highway
79; then northeast on U.S. Highway 79 to Big Buck Road; then east on Big
Buck Road to Tennessee Highway 436; then north on Tennessee Highway 436
to Thompson Road; then east on Thompson Road to Tennessee Highway 22;
then southeast on Tennessee Highway 22 to Tennessee Highway 364
(Huntingdon Bypass); then east on Tennessee Highway 364 to U.S. Highway
70, then east on U.S. Highway 70 to the Carroll/Benton County line.
Chester County. The entire county.
Coffee County. That portion of the county lying south of a line
beginning at the intersection of the Bedford/Coffee County line and
Sixteenth Model Road; then east on Sixteenth Model Road to U.S. Highway
41; then northwest on U.S. Highway 41 to Interstate 24; then southeast
on Interstate 24 to Tennessee Highway 55; then northeast on Tennessee
Highway 55 to Ragsdale Road; then south on Ragsdale Road to New Bushy
Branch Road; then southeast on New Bushy Branch Road to Cornelison Road;
then east on Cornelison Road to Clifton Scott Road; then south on
Clifton Scott Road to Asbury Road; then east on Asbury Road to Benson
Road; then southeast on Benson Road to Buck Jones Road; then south on
Buck Jones Road to Old Airport Road; then southwest on Old Airport Road
to U.S. Highway 41; then southeast on U.S. Highway 41 to Bailey Road;
then east on Bailey Road to Lusk Cove Road; then northeast on Lusk Cove
Road to the line of latitude 35[deg]25[min] N.; then east along the line
of latitude 35[deg]25[min] N. to the Coffee/Grundy County line.
Cumberland County. That portion of the county lying southeast of a
line beginning at the intersection of the Rhea/Cumberland County line
and Tennessee Highway 68; then northwest on Tennessee Highway 68 to Cox
Valley Road; then northeast on Cox Valley road to U.S. Highway 70; then
east on U.S. Highway 70 to Market Street (in Crab Orchard); then north
on Market Street to Main Street; then west on Main Street to Chestnut
Hill Road; then north on Chestnut Hill Road to the line of latitude
35[deg]56[min] N; then east along the line of latitude 35[deg]56[min] N
to the Cumberland/Morgan County line.
Davidson County. That portion of the county lying southeast of a
line beginning at the intersection of the Williamson/Davidson County
line and U.S. Highway 431; then northeast on U.S. Highway 431 to
Tennessee Highway 254; then east on Tennessee Highway 254 to U S.
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee Highway
255; then northeast on Tennessee Highway 255 to Interstate 40; then east
on Interstate 40 to the Davidson/Wilson County line.
Decatur County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Gibson County. That portion of the county lying southeast of a line
beginning at the intersection of the Madison/Gibson County line and U.S.
Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45
Bypass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to
U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to the
Gibson/Carroll County line.
Giles County. The entire county.
Grundy County. That portion of the county lying southeast of a line
beginning at the intersection of the Coffee/Grundy County line and the
line of latitude 35[deg]25[min] N; then continuing east along the line
of latitude 35[deg]25[min] N to Deer Run road; then north on Deer Run
Road to Cabbage Patch Road; then east on Cabbage Patch Road to Tennessee
Highway 108; then southeast on Tennessee Highway 108 to Tennessee
Highway 56; then north on Tennessee Highway 56 to the Grundy/Warren
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 a line
beginning at the intersection of the Tipton/Haywood County line and
Tennessee Highway 54; then east on Tennessee Highway 54 to U.S. Highway
70; then east on U.S. Highway 70 to Interstate 40; then northeast on
Interstate 40 to the Haywood/Madison County line.
Henderson County. The entire county.
Hickman County. That portion of the county lying south of a line
beginning at the intersection of the Humphreys/Hickman County line and
Interstate 40; then northeast on Interstate 40 to Tennessee Highway 230;
then east on Tennessee Highway 230 to Tennessee Highway 48; then
southeast on Tennessee Highway 48 to Tennessee Highway 100; then
northeast on Tennessee Highway 100 to Tennessee Highway 230; then south
on Tennessee Highway 230 to Tennessee Highway 50; then southeast on
Tennessee Highway 50 to the Hickman/Maury County Line.
Humphreys County. That portion of the county lying south of a line
beginning at the intersection of the Benton/Humphreys County line and
the line of latitude 36[deg]; then continuing east along the line of
latitude 36[deg] to Forks River Road; then south on Forks River Road to
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway
13; then south on Tennessee Highway 13 to
[[Page 101]]
Interstate 40; then east on Interstate 40 to the Humphreys/Hickman
County line.
Knox County. That portion of the county lying south of a line
beginning at the intersection of the Anderson/Knox County line and
Tennessee Highway 62; then east on Tennessee Highway 62 to Tennessee
Highway 131; then south on Tennessee Highway 131 to Middlebrook Pike;
then southeast on Middlebrook Pike to North Cedar Bluff Road; then south
on North Cedar Bluff Road to U.S. Highway 70; then northeast on U.S.
Highway 70 to U.S. Highway 129; then south on U.S. Highway 129 to the
Knox/Blount County line.
Lawrence County. The entire county.
Lewis County. The entire county.
Lincoln County. The entire county.
Loudon County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. That portion of the county lying south of a line
beginning at the intersection of the Maury/Marshall County line and
Moses Road; then northeast on Moses Road to Wilson School Road; then
southeast on Wilson School Road to Lunns Store Road; then south on Lunns
Store Road to Tennessee Highway 99; then east on Tennessee Highway 99 to
U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road;
then south on James Shaw Road to Clay Hill Road; then east on Clay Hill
Road to Warner Road; then south on Warner Road to Batten Road; then
southeast on Batten Road to the Marshall/Bedford County line.
Maury County. That portion of the county lying south of a line
beginning at the intersection of the Hickman/Maury County line and Jones
Valley Road; then east on Jones Valley Road to Leipers Creek Road; then
south on Leipers Creek Road to Tennessee Highway 247; then northeast on
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee
Highway 246 to the Maury/Williamson County line.
McMinn County. The entire county.
McNairy County. The entire county.
Meigs County. The entire county.
Monroe County. The entire county.
Moore County. The entire county.
Perry County. The entire county.
Polk County. The entire county.
Rhea County. The entire county.
Roane County. The entire county.
Rutherford County. That portion of the county lying northwest of a
line beginning at the intersection of the Williamson/Rutherford County
line and Rocky Fork Road; then northeast on Rocky Fork Road to Old
Nashville Highway; then southeast on Old Nashville Highway to Tennessee
Highway 102; then northeast on Tennessee Highway 102 to Weakley Lane;
then north on Weakley Lane to Couchville Pike; then northwest on
Couchville Pike to Corinth Road; then north on Corinth Road to the
Rutherford/Wilson County line.
Sequatchie County. The entire county.
Shelby County. The entire county.
Tipton County. That portion of the county lying south of a line
beginning at the intersection of the Shelby/Tipton County line and
Tennessee Highway 14; then northeast on Tennessee Highway 14 to
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the
Tipton/Haywood County line.
Van Buren County. That portion of the county lying south of
Tennessee Highway 30.
Wayne County. The entire county.
Williamson County. That portion of the county lying northeast of a
line beginning at the intersection of the Davidson/Williamson County
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S.
Highway Business 431; then southeast on U.S. Highway Business 431 to
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft
Road; then northeast on Clovercroft Road to Wilson Pike; then north on
Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to
Rocky Fork Road; then east on Rocky Fork Road to the Williamson/
Rutherford County line.
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.
[[Page 102]]
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.
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.
[[Page 103]]
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; 68 FR 5795, Feb. 5, 2003; 69 FR 23416, Apr. 29, 2004; 70
FR 45524, Aug. 8, 2005; 71 FR 42247, July 26, 2006]
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 Sec. Sec. 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 a soil sample being moved to a laboratory approved by the
Administrator \3\ to process, test, or analyze soil samples.
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\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.
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(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 part 305 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; 70 FR 33268, June 7,
2005]
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:
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\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)
[[Page 104]]
to prevent the spread of the imported fire ant; \5\ and
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\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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(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
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
[[Page 105]]
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
(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])
Methoprene (Extinguish [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;
[[Page 106]]
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.
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.
[[Page 107]]
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 agricultural wetting agent such as Ortho-77
[reg], Tronic [reg], Tecowet [reg],
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
[[Page 108]]
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 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
[reg]), fenoxycarb (AWARD [reg]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
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.
[[Page 109]]
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.
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]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
fire ant bait.
Dosage: Fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [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 [reg]), hydramethylnon
(AMDRO [reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg]), hydramethylnon (AMDRO
[reg]), or pyriproxyfen (Distance [reg])
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
[[Page 110]]
fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]), is capable of providing a
residual barrier against reinfestation by new queens. Therefore, the
fenoxycarb (AWARD [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg] Diazinon AG-500 and D-
z-n [reg] 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).
------------------------------------------------------------------------
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).
[[Page 111]]
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.
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; 68 FR 59308, Oct. 15, 2003]
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.
[[Page 112]]
(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)(iii) (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 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; 69 FR 21040, Apr.
20, 2004]
[[Page 113]]
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.
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
[[Page 114]]
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).
[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; 70 FR 33268, June
7, 2005]
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
(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 or she
may prescribe, if he or she 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.
[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]
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
[[Page 115]]
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. (A) The Town of Montezuma;
(B) That portion of land within the Town of Mentz owned or operated
by Martens Farm which lies in an area bounded as follows: Beginning at
the intersection of Tow Path Road and Maiden Lane; then west along Tow
Path Road to its intersection with the Town of Mentz boundary; then
north along the Town of Mentz boundary to its intersection with Maiden
Lane; then east along Maiden Lane to the point of beginning.
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. (A) The towns of Prattsburg and Wheeler;
(B) 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 Railroad) 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 Railroad), then north and northwest along
the Conrail right-of-way to the point of beginning;
(C) 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); and
(D) The property located in the town of Fremont that is bounded as
follows: Beginning at a point on Babcock Road that intersects a farm
road marked by latitude/longitude coordinates 42[deg]26[min]12.5[sec], -
77[deg]34[min]30.4[sec]; then west along the farm road to coordinates
42[deg]26[min]12.2[sec], -77[deg]34[min]41.0[sec]; then south to
coordinates 42[deg]26[min]09.6[sec], -77[deg]34[min]40.9[sec]; then west
to coordinates 42[deg]26[min]09.4[sec], -77[deg]34[min]50.7[sec]; then
south to coordinates 42[deg]26[min]00.7[sec], -77[deg]34[min]50.3[sec];
then east to coordinates 42[deg]25[min]59.9[sec], -
77[deg]34[min]40.4[sec]; then south to coordinates
42[deg]25[min]54.7[sec], -77[deg]34[min]40.0[sec]; then east to
coordinates 42[deg]25[min]56.3[sec], -77[deg]34[min]37.7[sec]; then
north to coordinates 42[deg]25[min]58.9[sec], -77[deg]34[min]35.0[sec];
then east to coordinates 42[deg]25[min]58.9[sec], -
77[deg]34[min]34.1[sec]; then north to coordinates
42[deg]26[min]05.8[sec], -77[deg]34[min]32.5[sec]; then east to
coordinates 42[deg]26[min]05.7[sec], -77[deg]34[min]29.9[sec]; then
north to the point of beginning at coordinates 42[deg]26[min]12.5[sec],
-77[deg]34[min]30.4[sec].
Suffolk County. The entire county.
Wayne County. The town of Savannah.
(2) Suppressive area: None.
[51 FR 30050, Aug. 22, 1986, as amended at 69 FR 249, Jan. 5, 2004; 69
FR 64640, Nov. 8, 2004]
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 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
[[Page 116]]
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 Sec. Sec. 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
(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 Sec. Sec.
301.85-4 and 301.85-7. A certificate or permit is not required to be
attached to soil samples originating in
[[Page 117]]
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
the inspector 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 part
305 of this chapter; 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 part 305
of this chapter, 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 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 part 305 of this chapter, 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 or
she 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
[[Page 118]]
holder of the certificate of permit shall be notified of the proposed
action and the reason therefor and afforded reasonable opportunity to
present his or her views thereon.
[37 FR 24330, Nov. 16, 1972, as amended at 70 FR 33268, June 7, 2005]
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 the inspector 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;
70 FR 33268, June 7, 2005]
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.
(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.
[[Page 119]]
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\
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\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.
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.
[[Page 120]]
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 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.
[[Page 121]]
(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 Sec. Sec. 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 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
[[Page 122]]
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 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
[[Page 123]]
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.
(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
[[Page 124]]
been determined to exist by the presence of bunted kernels or
teliospores.
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.
Grain. Wheat, durum wheat, and triticale used for consumption or
processing.
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.
Hay. Host crops cut and dried for feeding to livestock. Hay cut
after reaching the dough stage may contain mature kernels of the host
crop.
Host crops. Plants or plant parts, including grain, seed, or hay, of
wheat, durum wheat, and triticale.
Infestation (infected). The presence of Karnal bunt, or any
identifiable stage of development (i.e., bunted kernels in grain, bunted
kernels or teliospores in seed) 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, grain buggies, trucks, swathers, and hay
balers.
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.
Plant. Any plant (including any plant part) for or capable of
propagation, including a tree, a tissue culture, a plantlet culture,
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a
root, and a seed.
Seed. Wheat, durum wheat, and triticale used for propagation.
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.
Straw. The vegetative material left after the harvest of host crops.
Straw is generally used as animal feed, bedding, mulch, or for erosion
control.
Tilling. The turning of a minimum of the top 6 inches of soil.
[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; 69 FR 8095, Feb. 23, 2004]
Sec. 301.89-2 Regulated articles.
The following are regulated articles:
(a) Conveyances, including trucks, railroad cars, and other
containers used to move host crops produced in a
[[Page 125]]
regulated area that have tested positive for Karnal bunt through the
presence of bunted kernels;
(b) Grain elevators/equipment/structures used for storing and
handling host crops produced in a regulated area that have tested
positive for Karnal bunt through the presence of bunted kernels;
(c) Seed conditioning equipment and storage/handling equipment/
structures that have been used in the production of wheat, durum wheat,
and triticale found to contain the spores of Tilletia indica;
(d) Plants or plant parts (including grain, seed, and straw) and hay
cut after reaching the dough stage of all varieties of wheat (Triticum
aestivum), durum wheat (Triticum durum), and triticale (Triticum
aestivum X Secale cereale) that are produced in a regulated area, except
for straw/stalks/seed heads for decorative purposes that have been
processed or manufactured prior to movement and are intended for use
indoors;
(e) Tilletia indica (Mitra) Mundkur;
(f) Mechanized harvesting equipment that has been used in the
production of wheat, durum wheat, or triticale that has tested positive
for Karnal bunt through the presence of bunted kernels; and
(g) Any other product, article, or means of conveyance when:
(1) An inspector determines that it presents a risk of spreading
Karnal bunt based on appropriate testing and the intended use of the
product, article, or means of conveyance; and
(2) The person in possession of the product, article, or means of
conveyance has been notified that it is regulated under this subpart.
[69 FR 8095, Feb. 23, 2004]
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 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 (g) 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
[[Page 126]]
(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 has been determined to be associated with grain at a handling
facility containing a bunted kernel of a host crop (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 the field associated with the bunted kernel at the handling
facility).
(f) A field known to have been infected with Karnal bunt, as well as
any non-infected acreage surrounding the field, will be released from
regulation if:
(1) The field has been permanently removed from crop production; or
(2) The field is tilled at least once per year for a total of 5
years (the years need not be consecutive). After tilling, the field may
be planted with a crop or left fallow. If the field is planted with a
host crop, the crop must test negative, through the absence of bunted
kernels, for Karnal bunt.
(g) 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 98, Riverdale, MD 20737-1236):
Arizona
La Paz County. Beginning at the northeast corner of sec. 19, T. 8
N., R. 20 W.; then south to the southeast corner of sec. 31, T. 7 N., R.
20 W.; then west to the northeast corner of sec. 2, T. 6 N., R. 21 W.;
then south to the southeast corner of sec. 2, T. 6 N., R. 21 W.; then
west to the southwest corner of sec. 2, 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. 24, T. 7 N., R. 22 W.; then east to the
northeast corner of sec. 24, T. 7 N., R. 22 W.; then north to the point
of intersection with the Colorado River; then northeast along the
Colorado River to its intersection with the northern boundary of sec.
16, T. 8 N., R. 21 W.; then east to the northeast corner of sec. 14, T.
8 N., R. 21 W.; then south to the southeast corner of sec. 14, T. 8 N.,
R. 21 W.; then east to the point of beginning.
Maricopa County. (1) Beginning at the southeast corner of sec. 8, T.
1 S., R. 2 E.; then west to the southwest corner of sec. 8, T. 1 S., R.
2 E.; then south to the southeast corner of sec. 18, T. 1 S., R. 2 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. 26, 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 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. 33, T. 2
N., R. 2 W.; then east to the northeast corner of sec. 33, 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. 20, T. 3 N., R. 1 E.; then south to the
northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the
southeast corner of sec. 35, T. 3 N., R. 1 E.; then east to the
northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the
northeast corner of sec. 1, T. 1 N., R. 1 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.
15, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 27, T.
1 N., R. 2 E.; then west to the southwest corner of sec. 27, T. 1 N., R.
2 E.; then south to the southeast corner of sec.
[[Page 127]]
33, T. 1 N., R. 2 E.; then west to the southwest corner of sec. 33, T. 1
N., R. 2 E.; then south to the point of beginning.
(2) Beginning at the intersection of the Maricopa/Pinal County line
and the southeast corner of sec. 36, T. 2 S., R. 7 E.; then west along
the Maricopa/Pinal County line to the southwest corner of sec. 33, T. 2
S.; R. 5 E.; then north to the northwest corner of sec. 33; then west to
the southwest corner of sec. 30, T. 2 S., R. 5 E.; then north to the
southeast corner of sec. 25, T. 2 S., R. 4 E.; then west to the
southwest corner of sec. 25, T. 2 S., R. 4 E.; then north to the
southwest corner of sec. 13, 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. 27, T.
1 S., R. 5. E.; then east to the northeast corner of sec. 27, T. 1 S.,
R. 5 E.; then north to the northwest corner of sec. 23, 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 north to the northwest corner of sec. 35, T. 1 S., R. 7 E.;
then east to the northeast corner of sec. 36, T. 1 S., R. 7 E. and the
Maricopa/Pinal County line; then south 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 northeast corner of sec.
29, 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. 13, 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. 36, T. 2 N., R. 5 E.;
then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then
south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to
the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the
southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the
northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the
southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the
northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the
northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the
northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast
corner of sec. 12, 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. 31, T. 1 S., R. 8 E.;
then east to the northeast corner of sec. 32, T. 1 S., R. 8 E.; then
south to the northwest corner of sec. 4, T. 2 S., R. 8 E.; then east to
the northeast corner of sec. 4, T. 2 S., R. 8 E.; then south to the
southeast corner of sec. 4, T. 3 S., R. 8 E.; then west to the northeast
corner of sec. 8, T. 3 S., R. 8 E.; then south to the southeast corner
of sec. 8, T. 3 S., R. 8 E.; then west to the southwest corner of sec.
12, T 3 S., R. 7 E.; then north 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. 28, T. 3 S., R. 6 E.;
then west to the southwest corner of sec. 28, T. 3 S., R. 6 E.; then
south to the southeast corner of sec. 32, T. 3 S., R. 6 E.; then west to
the southwest corner of sec. 35, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 35, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 27, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 10, T. 3 S., R. 5 E.; then west to the
southwest corner of sec. 4, T. 3 S., R. 5 E.; then north to the
northwest corner of sec. 4, T. 3 S., R. 5 E. and the intersection of the
Maricopa/Pinal County line; then east along the Maricopa/Pinal County
line to the northwest corner of sec. 6, T. 3 S., R. 8 E.; then north
along the Maricopa/Pinal County line to the point of beginning.
[[Page 128]]
(2) Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.;
then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then
south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to
the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the
northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the
southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the
southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the
southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the
southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the
southwest corner of sec. 11, T. 6 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. 24, T. 4 S., R. 3 E.; then south to the
southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the
northeast corner of sec. 28, 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 northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the
southeast corner of sec. 49, T. 6 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.
(3) The following individual fields in Pinal County are regulated
areas: 309021804 and 309050104.
California
Riverside County. That portion of Riverside County known as the Palo
Verde Valley (in part) bounded by a line drawn as follows: Beginning at
the intersection of Neighbours Boulevard and West Hobson Way; then east
on West Hobson Way to Arrowhead Boulevard; then north on Arrowhead
Boulevard to West 11th Avenue; then east on West 11th Avenue to Defrain
Boulevard; then north on Defrain Boulevard to 10th Avenue; then east on
10th Avenue to the southern boundary line of secs. 23 and 24, T. 6 S.,
R. 23 E.; then east along that boundary line to the California/Arizona
State line; then south along the State line to the southern boundary
line of secs. 25, 26, and 27, T. 8 S., R. 22 E.; then west along that
boundary line to 36th Avenue; then west on 36th Avenue to Stephenson
Boulevard; then north on Stephenson Boulevard to 34th Avenue; then west
on 34th Avenue to Keim Boulevard; then north along an imaginary line to
the intersection of 28th Avenue and Keim Boulevard; then north on Keim
Boulevard to its northernmost point; then from that point northeast
along an imaginary line to the intersection of Stephenson Boulevard and
West 14th Avenue; then east along West 14th Avenue to Neighbours
Boulevard; then north on Neighbours Boulevard to the point of beginning.
Texas
Baylor County. (1) Beginning at the Knox/Baylor County line and the
line of latitude 33.6752[deg] N.; then east along the line of latitude
33.6752[deg] N. to the line of longitude -99.3833[deg] W.; then south
along the line of longitude -99.3833[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 -99.3846[deg] W.; then south along the line of
longitude -99.3846[deg] W. to the line of latitude 33.5305[deg] N.; then
west along the line of latitude 33.5305[deg] N. to the Knox/Baylor
County line; then north along the Knox/Baylor County line to the point
of beginning.
(2) Beginning at the Baylor/Throckmorton County line and the line of
longitude -99.1270[deg] W.; then north along the line of longitude -
99.1270[deg] W. to the line of latitude 33.4447[deg] N.; then east along
the line of latitude 33.4447[deg] N. to the line of longitude -
99.0191[deg] W.; then south along the line of longitude -99.0191[deg] W.
to the Baylor/Throckmorton County line; then west along the Baylor/
Throckmorton County line to the point of beginning.
Knox County. Beginning at the Knox/Baylor County line and the line
of latitude 33.5305[deg] N.; then west along the line of latitude
33.5305[deg] N. to the line of longitude -99.4960[deg] W.; then north
along the line of longitude -99.4960[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 33.6752[deg] N.; then
east along the line of latitude 33.6752[deg] N. to the Knox/Baylor
County line; then south along the Knox/Baylor County line to the point
of beginning.
Throckmorton County. (1) Beginning at the Baylor/Throckmorton County
line and the line of longitude -99.1270[deg] W.; then east along the
Baylor/Throckmorton County line to the line of longitude -99.0191[deg]
W.; then south along the line of longitude -99.0191[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 -99.1270[deg] W.; then north
[[Page 129]]
along the line of longitude -99.1270[deg] W. to the point of beginning.
(2) Beginning at the Throckmorton/Young County line and the line of
latitude 33.3003[deg] N.; then south along the Throckmorton/Young County
line to the line of latitude 33.1809[deg] N.; then west along the line
of latitude 33.1809[deg] N. to the line of longitude -98.9890[deg] W;
then north along the line of longitude -98.9890[deg] W. to the line of
latitude 33.2055[deg] N.; then west along the line of latitude
33.2055[deg] N. to the line of longitude -99.0043[deg] W.; then north
along the line of longitude -99.0043[deg] W. to the line of latitude
33.3003[deg] N.; then east to the point of beginning.
Young County. Beginning at the Throckmorton/Young County line and
the line of latitude 33.3003[deg] N.; then east along the line of
latitude 33.3003[deg] N. to the line of longitude -98.8886[deg] W.; then
south along the line of longitude -98.8886[deg] W. to the line of
latitude 33.2880[deg] N.; then east along the line of latitude
33.2880[deg] N. to the line of longitude -98.8356[deg] W.; then south
along the line of longitude -98.8356[deg] W. to the line of latitude
33.1946[deg] N.; then west along the line of latitude 33.1946[deg] N. to
the line of longitude -98.8762[deg] W.; then south along the line of
longitude -98.8762[deg] W. to the line of latitude 33.1809[deg] N.; then
west along the line of latitude 33.1809[deg] N. to the Throckmorton/
Young County line; then north along the Throckmorton/Young 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; 69 FR 246, Jan. 5, 2004; 69 FR 8096, Feb. 23,
2004; 69 FR 27823, May 17, 2004; 70 FR 15555, Mar. 28, 2005; 70 FR
73555, Dec. 13, 2005; 71 FR 12992, Mar. 14, 2006; 71 FR 67434, Nov. 22,
2006]
Sec. 301.89-4 Planting.
Any wheat, durum wheat, or triticale that originates within a
regulated area must be tested and found free from bunted wheat kernels
and spores before it may be used as seed within or outside a regulated
area.
[69 FR 8096, Feb. 23, 2004]
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 Sec. Sec. 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, Surveillance and
Emergency Programs Planning and Coordination, 4700 River Road Unit 98,
Riverdale, Maryland 20737-1236.
---------------------------------------------------------------------------
(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
[[Page 130]]
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; 69 FR 8096, Feb. 23, 2004]
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, Surveillance and Emergency
Programs Planning and Coordination, 4700 River Road Unit 98, 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 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, hay cut after
the dough stage or grain from a field within a regulated area must be
tested prior to its movement from the field or before it is commingled
with similar commodities and must be found free from bunted kernels. If
bunted kernels are found, the grain or hay will be eligible for movement
only under a limited permit issued in accordance with paragraph (c) of
this section, and the field of production will be considered positive
for Karnal bunt.
(c) An inspector or a person operating under a compliance agreement
will issue a limited permit for the movement 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; 69 FR 8096, Feb. 23, 2004]
[[Page 131]]
Sec. 301.89-7 Compliance agreements.
Persons who grow, handle, or move regulated articles may enter into
a 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,
Surveillance and Emergency Program Planning and Coordination, 4700 River
Road Unit 98, Riverdale, Maryland 20737-1236.
[61 FR 52207, Oct. 4, 1996, as amended at 62 FR 23628, May 1, 1997; 69
FR 8096, Feb. 23, 2004]
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.
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\5\ See footnote 2.
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(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.
[[Page 132]]
Sec. 301.89-12 Cleaning, disinfection, and disposal.
(a) Mechanized harvesting equipment that has been used to harvest
host crops that test positive for Karnal bunt based on the presence of
bunted kernels must be cleaned and, if disinfection is determined to be
necessary by an inspector, disinfected in accordance with Sec. 301.89-
13 prior to movement from a regulated area.
(b) Seed conditioning equipment that was used in the conditioning of
seed that was tested and found to contain spores or bunted kernels of
Tilletia indica must be cleaned and disinfected in accordance with Sec.
301.89-13 prior to being used in the conditioning of seed that has
tested negative for the spores of Tilletia indica or to being moved from
a regulated area.
(c) Any grain storage facility, including on-farm storage, that is
used to store seed that has tested bunted-kernel or spore positive or
grain that has tested bunted-kernel positive must be cleaned and, if
disinfection is determined to be necessary by an inspector, disinfected
in accordance with Sec. 301.89-13 if the facility will be used to store
grain or seed in the future.
(d) Conveyances used to move bunted-kernel-positive host crops,
including trucks, railroad cars, and other containers, that have sloping
metal sides leading directly to a bottom door or slide chute, are self
cleaning, and will not be required to be cleaned and disinfected.
(e) Spore-positive wheat, durum wheat, or triticale seed that has
been treated with any chemical that renders it unfit for human or animal
consumption must be disposed of by means of burial under a minimum of 24
inches of soil in a nonagricultural area that will not be cultivated or
in an approved landfill.
[69 FR 8096, Feb. 23, 2004]
Sec. 301.89-13 Treatments.
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 under this
subpart must be cleaned by removing all soil and plant debris. If
disinfection is required by an inspector in addition to cleaning, the
articles must be disinfected by one of the methods specified in
paragraph (a), (b), or (c) of this section, unless a particular
treatment is designated by an inspector. The treatment used must be that
specified by an inspector:
(a) Wetting all surfaces to the point of runoff with one of the
following 1.5 percent sodium hypochlorite solutions and letting stand
for 15 minutes, then thoroughly washing down all surfaces after 15
minutes to minimize corrosion:
(1) One part Ultra Clorox brand regular bleach (6 percent sodium
hypochlorite; EPA Reg. No. 5813-50) in 3 parts water; or
(2) One part CPPC Ultra Bleach 2 (6.15 percent sodium hypochlorite;
EPA Reg. No. 67619-8) in 3.1 parts water.
(b) 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.
(c) 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 170 [deg]F.
[69 FR 8096, Feb. 23, 2004]
Sec. 301.89-14 [Reserved]
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 Secretary has declared an
extraordinary emergency; and the wheat was grown in an area of that
State that became regulated for Karnal bunt after
[[Page 133]]
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 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
[[Page 134]]
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 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).
[[Page 135]]
(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, National Survey participants, and certain custom
harvesters and equipment owners or lessees 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 136]]
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 137]]
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.
(d) Special allowances for custom harvesters and equipment owners or
lessees for costs related to cleaning and disinfection of mechanized
harvesting and other equipment in Archer, Baylor, Throckmorton, and
Young Counties, TX, in the 2000-2001 crop season. All claims for
compensation under this paragraph Sec. 301.89-16(d) must be received by
APHIS on or before September 6, 2005. The Administrator may extend this
deadline upon written request in specific cases, when unusual and
unforeseen circumstances occur that prevent or hinder a claimant from
requesting compensation on or before this date. All compensation
payments made under this paragraph Sec. 301.89-16(d) will be issued by
APHIS. Claims for compensation should be sent to Plant Protection and
Quarantine, APHIS, USDA, 304 West Main Street, Olney, TX 76374.
(1) Custom harvesters. (i) Cleaning and disinfection of mechanized
harvesting equipment. Custom harvesters who harvested host crops that an
inspector determined to be infected with Karnal bunt and that were grown
in Archer, Baylor, Throckmorton, or Young Counties, TX, during the 2000-
2001 crop season are eligible to receive compensation for the cost of
cleaning and disinfecting their mechanized harvesting equipment as
required by Sec. 301.89-12(a). Compensation for the cost of cleaning
and disinfection mechanized harvesting equipment used to harvest Karnal
bunt-infected host crops will be either the actual cost or $750 per
cleaned machine, whichever is less. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; a copy of the PPQ-540 certificate issued to
allow the movement of mechanized harvesting equipment from a regulated
area after it had been used to harvest host crops
[[Page 138]]
that an inspector determined to be infected with Karnal bunt and had
been subsequently cleaned and disinfected; and a receipt showing the
cost of the cleaning and disinfection.
(ii) Contracts lost due to cleaning and disinfection. Custom
harvesters who harvested host crops that an inspector determined to be
infected with Karnal bunt and that were grown in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
are also eligible to be compensated for the revenue lost if they lost
one contract due to downtime necessitated by cleaning and disinfection,
if the contract to harvest Karnal bunt-infected host crops in a
previously nonregulated area was signed before the area was declared a
regulated area for Karnal bunt. Compensation will only be provided for
one contract lost due to cleaning and disinfection. Compensation for any
contract that was lost due to cleaning and disinfection will be either
the full value of the contract or $23.48 for each acre that was to have
been harvested under the contract, whichever is less. To claim
compensation, a custom harvester must provide copies of a contract or
other signed agreement for harvesting in Archer, Baylor, Throckmorton,
or Young County during the 2000-2001 crop season, signed on a date prior
to the designation of the county as a regulated area for Karnal bunt, or
an affidavit stating that the custom harvester entered into an agreement
to harvest in Archer, Baylor, Throckmorton, or Young County during the
2000-2001 crop season prior to the designation of the county as a
regulated area for Karnal bunt, signed by the customer with whom the
custom harvester entered into the agreement; a copy of the PPQ-540
certificate issued to allow the movement of mechanized harvesting
equipment from a regulated area after it has been used to harvest host
crops that an inspector determined to be infected with Karnal bunt and
had been subsequently cleaned and disinfected; and the contract for
harvesting in an area not regulated for Karnal bunt that had been lost
due to time lost to cleaning and disinfecting harvesting equipment,
signed on a date prior to the designation of the relevant county as a
regulated area for Karnal bunt, for which the custom harvester will
receive compensation, or an affidavit stating that the custom harvester
entered into an agreement to harvest in an area not regulated for Karnal
bunt prior to the designation of the county as a regulated area for
Karnal bunt and stating the number of acres that were to have been
harvested and the amount the custom harvester was to have been paid
under the agreement, signed by the customer with whom the custom
harvester entered into the agreement.
(iii) Fixed costs incurred during cleaning and disinfection. Custom
harvesters who harvested host crops that an inspector determined to be
infected with Karnal bunt and that were grown in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
who do not apply for compensation for a contract lost due to cleaning
and disinfection as described in paragraph (d)(1)(ii) of this section
are eligible for compensation for fixed costs incurred during cleaning
and disinfection. Compensation for fixed costs incurred during cleaning
and disinfection will be $2,000. To claim compensation, a custom
harvester must provide copies of a contract or other signed agreement
for harvesting in Archer, Baylor, Throckmorton, or Young County during
the 2000-2001 crop season, signed on a date prior to the designation of
the county as a regulated area for Karnal bunt, or an affidavit stating
that the custom harvester entered into an agreement to harvest in
Archer, Baylor, Throckmorton, or Young County during the 2000-2001 crop
season prior to the designation of the county as a regulated area for
Karnal bunt, signed by the customer with whom the custom harvester
entered into the agreement; and a copy of the PPQ-540 certificate issued
to allow the movement of mechanized harvesting equipment from a
regulated area after it has been used to harvest host crops that an
inspector determined to be infected with Karnal bunt and has been
subsequently cleaned and disinfected.
[[Page 139]]
(2) Other equipment; cleaning and disinfection. Owners or lessees of
equipment other than mechanized harvesting equipment and seed
conditioning equipment that came into contact with host crops that an
inspector determined to be infected with Karnal bunt in Archer, Baylor,
Throckmorton, or Young Counties, TX, during the 2000-2001 crop season
and that was required by an inspector to be cleaned and disinfected are
eligible for compensation for the cost of cleaning and disinfection.
Compensation for the cleaning and disinfection of such equipment will be
$100. To receive this compensation, owners or lessees must submit a copy
of the PPQ-540 certificate issued to allow the movement of the equipment
from a regulated area after it had been in contact with host crops that
an inspector determined to be infected with Karnal bunt and had been
subsequently cleaned and disinfected.
(Approved by the Office of Management and Budget under control number
0579-0248.)
[63 FR 31600, June 10, 1998, as amended at 64 FR 34113, June 25, 1999;
66 FR 40842, Aug. 6, 2001; 69 FR 24915, May 5, 2004; 69 FR 41181, July
8, 2004; 70 FR 24302, May 9, 2005]
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\
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\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).
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(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).
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
[[Page 140]]
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 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 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
[[Page 141]]
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\
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\2\ Requirements under all other applicable Federal domestic plant
quarantines must also be met.
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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 Sec. Sec. 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 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
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\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 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
[[Page 142]]
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) 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 comply with the provisions of this subpart and any
conditions imposed pursuant thereto.
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\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
[[Page 143]]
such conflict. Rules of Practice concerning such a hearing will be
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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.
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(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.
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\
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\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.
[[Page 144]]
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.
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).
[[Page 145]]
(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 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,
[[Page 146]]
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.
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\2\ Requirements under all other applicable Federal domestic plant
quarantines and regulations must also be met.
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(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 Sec. Sec.
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 regulated articles if an inspector determines that:
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\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.
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(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
[[Page 147]]
(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 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
[[Page 148]]
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.
Treatment schedules listed in part 305 of this chapter to destroy
Phytophthora ramorum are authorized for use on certain regulated
articles. The following treatments also may be used for the regulated
articles indicated:
(a) Soil--Heat to a temperature of at least 180 [deg]F for 30
minutes in the presence of an inspector.
(b) Wreaths, garlands, and greenery of host material--Dip for 1 hour
in water that is held at a temperature of at least 160 [deg]F.
[70 FR 36331, June 23, 2005]
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
[[Page 149]]
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]
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 area within a circle surrounding each detection using
a 1/2-mile radius with the detection as a center point.
Day degrees. A unit of measurement used to measure the amount of
heat required to further the development of fruit flies through their
life cycle. Day-degree life cycle requirements are calculated through a
modeling process specific for each fruit fly species.
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.
[[Page 150]]
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, as amended at 71
FR 66832, Nov. 17, 2006]
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)
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)
Jujube (Ziziphus spp.)
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)
[[Page 151]]
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, as amended at 71
FR 66832, Nov. 17, 2006]
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 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
San Bernardino County. That portion of San Bernardino County in the
Rialto area bounded by a line as follows: Beginning at the intersection
of State Highway 201 and East Avenue; then north on East Avenue to
Banyan Street; then east, northeast, north, and northeast on Banyan
Street to Wardman Bullock Road; then north and northwest on Wardman
Bullock Road to Colonbero Road; then north along an imaginary line from
the intersection of Wardman Bullock Road and Colobero Road to its
intersection with the southern boundary line of the San Bernardino
National Forest; then east,
[[Page 152]]
northeast, northwest, southeast, east, southeast, northeast, north,
northeast, and east along the southern boundary line of the San
Bernardino National Forest to its intersection with U.S. Interstate 15;
then northeast on U.S. Interstate 15 to its next intersection with the
San Bernardino National Forest boundary line; then northwest, north,
northeast, southeast, east, northeast, southeast, and east along the San
Bernardino National Forest boundary line to its intersection with Palm
Avenue; then southwest on Palm Avenue to U.S. Interstate 215; then
southeast on U.S. Interstate 215 to University Parkway; then southwest
on University Parkway to N. State Street; then south on N. State Street
to State Highway 210; then west on State Highway 210 to the Southern
Pacific railroad track; then south, southwest, south, and southeast
along the Southern Pacific railroad track to its intersection with W.
Base Line Street; then west on W. Base Line Street to N. Pepper Avenue;
then south on N. Pepper Avenue to State Highway 66; then west on State
Highway 66 to N. Cactus Avenue; then south on N. Cactus Avenue to W.
Rialto Avenue; then west on W. Rialto Avenue to W. Arrow Boulevard; then
west on W. Arrow Boulevard to Arrow Boulevard; then west on Arrow
Boulevard to Cherry Avenue; then north on Cherry Avenue to State Highway
66; then west on State Highway 66 to East Avenue; then north on East
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; 69 FR 56159, Sept. 20, 2004; 69 FR
67042, Nov. 16, 2004; 70 FR 10862, Mar. 7, 2005; 70 FR 11112, Mar. 8,
2005; 71 FR 66832, Nov. 17, 2006]
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 Sec. Sec. 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
(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
[[Page 153]]
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 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
[[Page 154]]
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 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 part 305 of this chapter to destroy
the Oriental fruit fly are approved for use on
[[Page 155]]
regulated articles. 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 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 Oriental fruit fly. Determination of the time
period must be based on the day degrees model for the 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 oz 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.
(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 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; 69 FR 56159, Sept. 20, 2004; 70 FR 33268, June 7, 2005]
[[Page 156]]
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:
(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:
[[Page 157]]
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:
(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
[[Page 158]]
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 Sec. Sec. 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)
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
[[Page 159]]
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 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]
[[Page 160]]
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.
Sec. 301.97-10 Treatments.
Treatment schedules listed in part 305 of this chapter to destroy
the melon fruit fly are authorized for use on regulated articles. 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.
[[Page 161]]
(b) [Reserved]
[65 FR 8636, Feb. 22, 2000, as amended at 67 FR 8465, Feb. 25, 2002; 70
FR 33268, June 7, 2005]
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 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,
[[Page 162]]
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)
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)
Loquat (Eriobotrya japonica)
Malay-apple (Syzygium malaccense)
Mango (Mangifera indica)
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.
[66 FR 6433, Jan. 22, 2001, as amended at 70 FR 21326, Apr. 26, 2005]
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 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
[[Page 163]]
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 Sec. Sec. 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
(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.
---------------------------------------------------------------------------
[[Page 164]]
(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 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
[[Page 165]]
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 part 305 of this chapter to destroy
the West Indian fruit fly are authorized for use on regulated articles.
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 either malathion
or spinosad bait spray as an alternative to treating fruits and
vegetables as provided in part 305 of this chapter. 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
[[Page 166]]
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; 70
FR 33269, June 7, 2005]
Subpart_Sapote Fruit Fly
Source: 68 FR 24610, May 8, 2003, unless otherwise noted.
Sec. 301.99 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 (7 U.S.C. 7714).
---------------------------------------------------------------------------
Sec. 301.99-1 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 sapote 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
sapote fruit fly has been detected.
Day degrees. A mathematical construct combining average temperature
over time that is used to calculate the length of a sapote 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 = 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. 301.99-4(c) of this subpart.
Dripline. The line around the canopy of a plant.
Infestation. The presence of the sapote fruit fly or the existence
of circumstances that makes it reasonable to believe that the sapote
fruit fly is present.
Inspector. Any employee of APHIS 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. 301.99-5(b) 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.
Plant Protection and Quarantine. The Plant Protection and Quarantine
program of the Animal and Plant Health Inspection Service, United States
Department of Agriculture.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.99-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.99-3(b).
Regulated article. Any article listed in Sec. 301.99-2 or otherwise
designated as a regulated article in accordance with Sec. 301.99-2(d).
Sapote fruit fly. The insect known as the sapote fruit fly,
Anastrepha
[[Page 167]]
serpentina, in any stage of development.
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.99-2 Regulated articles.
The following are regulated articles:
(a) Sapote fruit flies.\2\
---------------------------------------------------------------------------
\2\ Permit and other requirements for the interstate movement of
sapote fruit flies are contained in part 330 of this chapter.
---------------------------------------------------------------------------
(b) The following fruits and vegetables:
Abiu (Pouteria caimito)
Apple (Malus domestica)
Avocado (Persea americana)
Black sapote (Diospyros digyna)
Citrus (Citrus spp.)
Egg-fruit tree (Pouteria campechiana)
Green sapote (Pouteria viridis)
Guava (Psidium guajava)
Hog-plum (Spondias mombin)
Ketembilla (Dovyalis hebecarpa)
Lucmo (Pouteria obovata)
Mammy apple (Mammea americana)
Mango (Mangifera indica)
Nance (Byrsonima crassifolia)
Panama orange (Citrofortunella x mitis)
Peach (Prunus perscia)
Pear (Pyrus communis)
Pond-apple (Annona glabra)
Quince (Cydonia oblonga)
Red mombin (Spondias purpurea)
Sapodilla (Manilkara zapota)
Sapote (Diospyros spp.)
Star-apple (Chrysophyllum Cainito)
Any fruits or vegetables that are not canned or dried or frozen
below -17.8 [deg]C. (0 [deg]F.).
(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 sapote fruit fly, after the inspector
provides written notification to the person in possession of the
product, article, or means of conveyance that it is subject to the
restrictions of this subpart.
Sec. 301.99-3 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 sapote
fruit fly has been found by an inspector, in which the Administrator has
reason to believe that the sapote 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 sapote 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 sapote 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, the 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
sapote fruit fly.
[68 FR 24610, May 8, 2003, as amended at 68 FR 43286, July 22, 2003]
[[Page 168]]
Sec. 301.99-4 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 Sec. Sec. 301.99-5 and 301.99-8;
(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 sapote 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 sapote
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
0579-0222)
Sec. 301.99-5 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 McAllen Work Station, Federal
Building Suite 119, 320 North Main, McAllen, TX 78501-4699, or the APHIS
Web site at http://www.aphis.usda.gov/travel/aqi.html.
---------------------------------------------------------------------------
(1)(i) The regulated article has been treated under the direction of
an inspector in accordance with Sec. 301.99-10; or
(ii) Based on inspection of the premises of origin, the premises are
free from the sapote fruit fly; or
(iii) Based on inspection of the regulated article, the regulated
article is free of sapote 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 sapote fruit fly; and
(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 (7 U.S.C. 7714)\5\ to prevent
the spread of the sapote fruit fly; and
---------------------------------------------------------------------------
\5\ Section 414 of the Plant Protection Act (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
[[Page 169]]
a regulated article if the inspector determines that:
---------------------------------------------------------------------------
\6\ See footnote 4 to Sec. 301.99-5(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 sapote
fruit fly because life stages of the sapote 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 (7 U.S.C. 7714) to prevent the
spread of the sapote 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 after 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
after 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
0579-0222)
Sec. 301.99-6 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 is aware of this subpart, agrees to comply
with its provisions, and agrees to comply with all the provisions
contained in the compliance agreement.\7\
---------------------------------------------------------------------------
\7\ Compliance agreement forms are available without charge from the
McAllen Work Station, Federal Building Suite 119, 320 North Main,
McAllen, TX 78501-4699, and from local Plant Protection and Quarantine
offices, 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, 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. 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
[[Page 170]]
any conflict as to any material fact. Rules of practice concerning a
hearing will be adopted by the Administrator.
Sec. 301.99-7 Assembly and inspection of regulated articles.
(a) Any person (other than a person authorized to issue certificates
or limited permits under Sec. 301.99-5(c)) who desires a certificate or
limited permit to move a regulated article interstate 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. 301.99-5(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. 301.99-8 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 or the carrier's
representative 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
0579-0222)
Sec. 301.99-9 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. 301.99-10 Treatments.
Treatment schedules listed in part 305 of this chapter to destroy
the sapote fruit fly are authorized for use on regulated articles. 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. 301.99-2(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) Citrus fruits. Regulated citrus fruits originating inside the
quarantined area that are to be moved outside the quarantined area may
be treated with methyl bromide fumigation in APHIS-approved chambers.
Exposure period for this treatment is 2 hours.\9\ Fruit pulp temperature
must be between 21.1 [deg]C and 29.4 [deg]C (70 [deg]F and 85 [deg]F).
This temperature requirement refers to fruit pulp only and not to air
temperature within the chamber. Fruit taken from a cooling room may have
to be pre-warmed before fumigation is attempted. To determine fruit pulp
temperature, stab several fruit to the center with a suitable
thermometer that reads at least in whole degrees (F or C). The lowest
temperature should be used, not the average. The methyl bromide dosage
is set at a rate of 2.5 pounds of 100 percent pure, type ``Q'' (for
quarantine use only) methyl bromide per 1,000 cubic feet of chamber
space.\10\
[[Page 171]]
However, if, prior to treatment, representative sampling reveals a level
of infestation greater than 0.5 percent for the lot, then the fruit is
ineligible for treatment.
---------------------------------------------------------------------------
\9\ To enhance equal concentrations of methyl bromide throughout the
chamber, a fan should be placed near the point of gas introduction, and
allowed to run for at least 15 minutes.
\10\ Dosage is based upon chamber volume, not the volume of the
fruit being treated. Fruit should be in cartons approved for fumigation.
Cartons must be placed on pallets. There should be an air space of at
least 1 foot between adjacent pallet loads; at least 1 foot between
chamber walls and the nearest carton of fruit; and at least 2 feet
between the height of the stack and the ceiling of the chamber. The
compressed liquid methyl bromide inside the cylinder must be put through
a volatilizer prior to injection into the chamber. Water temperature in
the volatilizer must never fall below 65.6 [deg]C (150 [deg]F) at any
time during gas injection.
---------------------------------------------------------------------------
(c) 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 either malathion
or spinosad bait spray as an alternative to treating the regulated
articles with methyl bromide fumigation or those treatments provided in
part 305 of this chapter. 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 sapote fruit
fly egg and larvae. Determination of the time period must be based on
the day degrees model for sapote 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.
[68 FR 24610, May 8, 2003, as amended at 70 FR 33269, June 7, 2005]
PART 302_DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS
Sec.
302.1 Definitions.
302.2 Movement of plants and plant products.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 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
Sec.
305.1 Definitions.
305.2 Approved treatments.
305.3-305-4 [Reserved]
Subpart_Chemical Treatments
305.5 Treatment requirements.
305.6 Methyl bromide fumigation treatment schedules.
305.7 Phosphine treatment schedules.
305.8 Sulfuryl fluoride treatment schedules.
305.9 Aerosol spray for aircraft treatment schedules.
305.10 Treatment schedules for combination treatments.
305.11 Miscellaneous chemical treatments.
305.12-14 [Reserved]
Subpart_Cold Treatments
305.15 Treatment requirements.
305.16 Cold treatment schedules.
Subpart_Quick Freeze Treatments
305.17 Authorized treatments; exceptions.
305.18 Quick freeze treatment schedule.
305.19 [Reserved]
[[Page 172]]
Subpart_Heat Treatments
305.20 Treatment requirements.
305.21 Hot water dip treatment schedule for mangoes.
305.22 Hot water immersion treatment schedules.
305.23 Steam sterilization treatment schedules.
305.24 Vapor heat treatment schedules.
305.25 Dry heat treatment schedules.
305.26 Khapra beetle treatment schedule for feeds and milled products.
305.27 Forced hot air treatment schedules.
305.28 Kiln sterilization treatment schedule.
305.29 Vacuum heat treatment schedule.
305.30 [Reserved]
Subpart_Irradiation Treatments
305.31 Irradiation treatment of imported regulated articles for certain
plant pests.
305.32 Irradiation treatment of regulated fruit to be moved interstate
from areas quarantined for Mexican fruit fly.
305.33 Irradiation treatment of regulated articles to be moved
interstate from areas quarantined for Mediterranean fruit fly.
305.34 Irradiation treatment of certain regulated articles from Hawaii,
Puerto Rico, and the U.S. Virgin Islands.
305.35-305.39 [Reserved]
Subpart_Treatments for Garbage
305.40 Garbage treatment schedules for insect pests and pathogens.
305.41 [Reserved]
Subpart_Miscellaneous Treatments
305.42 Miscellaneous treatment schedules.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a;
7 CFR 2.22, 2.80, and 371.3.
Source: 70 FR 33269, June 7, 2005, 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.
Autoclaving. The introduction of steam at 212 [deg]F into a
pressurized enclosure containing a commodity to kill spores and other
treatment-resistant pests.
Cold treatment. Exposure of a commodity to a specified cold
temperature that is sustained for a specific time period to kill
targeted pests, especially fruit flies.
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 standards, and procedures for the system's use.
Forced hot air. Hot air blown uniformly across commodities in a
shipment until the pulp of each unit in the shipment of the commodity
reaches a specified temperature.
Fumigant. A gaseous chemical that easily diffuses and disperses in
air and is toxic to the target organism.
Fumigation. Releasing and dispersing a toxic chemical in the air so
that it reaches the target organism in a gaseous state.
Hitchhiker pest. A pest that is carried by a commodity or a
conveyance and, in the case of plants and plant products, does not
infest those plants or plant products.
Hot water immersion dip. Complete immersion of a commodity in heated
water to raise the temperature of the commodity to a specific
temperature for a specified time. This treatment is usually used to kill
fruit flies.
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
Irradiation. The use of irradiated energy to kill or devitalize
organisms.
[[Page 173]]
Methyl bromide. A colorless, odorless biocide used to fumigate a
wide range of commodities.
Phosphine. Flammable gas generated from either aluminum phosphide or
magnesium phosphide and used to treat stored product commodities.
Quick freeze. A commercially acceptable method of quick freezing at
subzero temperatures with subsequent storage and transportation at not
higher than 20 [deg]F. Methods that accomplish this are known as quick
freezing, sharp freezing, cold pack, or frozen pack, but may be any
equivalent commercially acceptable freezing method.
Section 18 of Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). An emergency exemption granted by the U.S. Environmental
Protection Agency to Federal or State agencies authorizing an
unregistered use of a pesticide for a limited time.
Sulfuryl fluoride. An odorless, colorless, and nonflammable
compressed fumigant that is used primarily to kill pests of wood.
Steam heat. The introduction of steam at 212 [deg]F or higher into
an enclosure containing a commodity to kill targeted organisms.
Vacuum fumigation. Fumigation performed in a gas-tight enclosure.
Most air in the enclosure is removed and replaced with a small amount of
fumigant. The reduction in pressure reduces the required duration of the
treatment.
Vacuum heat treatment. The treated commodity is held in a gas-tight
enclosure and heated to a specified temperature for a specific time
period to kill targeted pests.
Vapor heat. Heated air saturated with water vapor and used to raise
the temperature of a commodity to a required point for a specific
period.
[70 FR 33269, June 7, 2005, as amended at 70 FR 36332, June 23, 2005]
Sec. 305.2 Approved treatments.
(a) Certain commodities or articles require treatment, or are
subject to treatment, prior to the interstate movement within the United
States or importation or entry into the United States. Treatment is
required as indicated in parts 301, 318, and 319 of this chapter, on a
permit, or by an inspector.
(1) Treatment schedules provided in this part must be followed to
neutralize pests.
(2) More information about treatment schedules is contained in the
Plant Protection and Quarantine (PPQ) Treatment Manual, which is
available on the Internet at http://www.aphis.usda.gov/ppq/manuals/
online--manuals.html or by contacting the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Manuals Unit, 69
Thomas Johnson Drive, Suite 100, Frederick, MD 21702.
(3) Treatment requirements provided in this part must be followed to
adequately administer treatment schedules.
(4) APHIS is not responsible for losses or damages incurred during
treatment and recommends that a sample be treated first before deciding
whether to treat the entire shipment.
(b) Alpha grass and handicrafts (Stipa tenacissima, Ampelodesmos
mauritanicus). For treatment schedules, see Sec. 305.6 for methyl
bromide (MB) fumigation.
------------------------------------------------------------------------
Pest Treatment
------------------------------------------------------------------------
Harmolita spp............................. MB T304-a or MB T304-b.
------------------------------------------------------------------------
(c) Bags, bagging materials, and covers (used). The treatment
schedules for which administration instructions are not provided are in
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.23 for steam
sterilization (SS), and Sec. 305.25 for dry heat (DH).
------------------------------------------------------------------------
Used material Pest Treatment
------------------------------------------------------------------------
Bags and bagging material or Globodera MB T306-a.
covers used to contain root rostochiensis.
crops.
Bags and bagging used for Potato cyst MB T502-1.
commodities grown in soil. nematode.
Bags and bagging material or Pectinophora spp.. MB T306-b.
covers used for cotton only.
Bags and bagging used for small Downy mildews and T503-1-2: Soak in
grains. Physoderma water slightly
diseases of maize. below boiling
(212 [deg]F) for
1 hour; or SS
T503-1-3; or DH
T503-1-4.
[[Page 174]]
Flag smut......... DH T504-1-1 or SS
T504-1-2.
Bags and bagging material or Trogoderma MB T306-c-1 or MB
covers. granarium. T306-c-2.
Bagging from unroasted coffee Various........... MB T306-d-1 or MB
beans. T306-d-2.
Covers used for commodities Potato cyst MB T502-2.
grown in soil. nematode.
Covers used for small grains.... Downy mildews and T503-2-2: Soak in
Physoderma water slightly
diseases of maize. below boiling
(212 [deg]F) for
1 hour; or SS
T503-2-3; or DH
T503-2-4.
Covers used for wheat........... Flag smut......... DH T504-2-1 or SS
T504-2-2.
------------------------------------------------------------------------
(d) Broomcorn and broomcorn articles. The treatment schedules for
which administration instructions are not provided are in Sec. 305.6
for methyl bromide (MB) fumigation and Sec. 305.23 for steam
sterilization (SS).
------------------------------------------------------------------------
Pest Treatment
------------------------------------------------------------------------
Corn-related diseases (precautionary T566-1 (broomcorn) and T566-
treatment). 2 (broomcorn articles):
Completely submerge in hot
water at 102 [deg]F.
Ostrinia nubilalis, ticks, and saw flies.. MB T309-a or MB T309-b-1or
MB T309-b-2 or SS T309-c.
------------------------------------------------------------------------
(e) Cotton and cotton products. The treatment schedules for which
administration instructions are not provided are in Sec. 305.6 for
methyl bromide (MB) fumigation and Sec. 305.7 for phosphine (PH).
------------------------------------------------------------------------
Material Pest Treatment
------------------------------------------------------------------------
Baled lint or linters........... Pectinophora spp.. MB T301-a-3.
Baled lint, linters, waste, Trogoderma MB T301-b-1-1 or
piece goods, gin trash. granarium. MB T301-b-1-2.
Cottonseed (samples and bulk)... Pectinophora spp.. T301-a-7: (1)
Delint the
cottonseed by
applying
sufficient heat
(145 [deg]F) or
acid or both; or
(2) raise the
temperature of
the delinted seed
during the
subsequent drying
process to 145
[deg]F for no
less than 45
seconds or at
least 140 [deg]F
for no less than
8 minutes.
Cottonseed, cottonseed products, T. granarium...... MB T301-b-2.
or samples.
Cottonseed meal................. T. granarium...... MB T301-b-3.
Cotton and cotton products...... Globodera MB T301-c.
rostochiensis.
Cotton and cotton products...... Anthonomus grandis MB T301-d-1-1 or
PH T301-d-1-2.
Lint, linters, cottonseed, Pectinophora spp.. MB T301-a-1-1 or
cottonseed hulls, gin trash, MB T301-a-1-2.
waste, cottonseed meal, or
other baled or bulk commodities
(except samples).
Lint, linters, and cottonseed Pectinophora spp.. PH T301-a-6.
(bulk, sacked, or packaged
cottonseed, lint or linters,
cottonseed hulls, gin trash,
and all other baled or bulk
cotton commodities).
Lint (except baled lint or Pectinophora spp.. MB T301-a-2.
linters), cottonseed (except
packaged cottonseed),
cottonseed hulls, gin trash,
waste, cottonseed meal, or
other baled or bulk commodities
(excluding samples).
Packaged cottonseed............. Pectinophora spp.. MB T301-a-4.
Samples of cotton and cotton Pectinophora spp.. MB T301-a-5-1 or
products. MB T301-a-5-2.
------------------------------------------------------------------------
(f) Cut flowers and greenery. The treatment schedules for which
administration instructions are not provided are in Sec. 305.6 for
methyl bromide (MB) fumigation.
------------------------------------------------------------------------
Pest Treatment
------------------------------------------------------------------------
External feeders, leafminers, hitchhikers (except for MB T305-a.
snails and slugs), surface pests.......................
Borers or soft scales................................... MB T305-b.
Mealybugs............................................... MB T305-c.
------------------------------------------------------------------------
[[Page 175]]
(g) Equipment. The treatment schedules for which administration
instructions are not provided are in Sec. 305.6 for methyl bromide (MB)
fumigation, Sec. 305.9 for aerosol, and Sec. 305.23 for steam
sterilization (SS).
------------------------------------------------------------------------
Article Pest Treatment
------------------------------------------------------------------------
Aircraft........................ Trogoderma T409-a: Contact
granarium. PPQ Regional
Director for
specific
instructions.
Hitchhiker pests Aerosol T409-b.
(other than T.
granarium, fruit
flies, and soft-
bodied insects).
Fruit flies and Aerosol T409-c-1
soft-bodied or Aerosol T409-c-
insects. 3.
Automobiles..................... Globodera T406-c, steam
rostochiensis. cleaning: Steam
at high pressure
until all soil is
removed. Treated
surfaces must be
thoroughly wet
and heated.
Construction equipment with cabs G. rostochiensis.. MB T406-b.
Construction equipment without G. rostochiensis.. SS T406-d.
cabs.
Containers...................... G. rostochiensis.. MB T406-b.
Containers...................... Potato cyst MB T506-1.
nematode.
Field and processing equipment Xanthomonas T514-4: Remove all
(Saccharum). albilineans and debris and soil
X. vasculorum. from equipment
with water at
high pressure
(300 pounds per
square inch
minimum) or with
steam.
Mechanical cotton pickers and Pectinophora MB T407.
other cotton equipment. gossypiella.
Used farm equipment with cabs... G. rostochiensis.. T406-c, steam
cleaning: Steam
at high pressure
until all soil is
removed. Treated
surfaces must be
thoroughly wet
and heated.
Used farm equipment with cabs... G. rostochiensis.. MB T406-b.
Used farm equipment without cabs G. rostochiensis.. SS T406-d.
Used containers................. G. rostochiensis.. SS T406-d.
------------------------------------------------------------------------
(h) Fruits and vegetables. (1) Treatment of fruits and vegetables
from foreign localities by irradiation in accordance with Sec. 305.31
may be substituted for other approved treatments for any of the pests
listed in Sec. 305.31(a). Treatment of fruits and vegetables from
Hawaii, Puerto Rico, and the U.S. Virgin Islands by irradiation at the
minimum doses listed in Sec. 305.31(a) and in accordance with Sec.
305.34 may be substituted for other approved treatments for any of the
pests listed in Sec. 305.31(a).
(2) The treatment schedules for which administration instructions
are not provided are in Sec. 305.6 for methyl bromide (MB) fumigation,
Sec. 305.10(a) for methyl bromide fumigation and cold treatment
(MB&CT), Sec. 305.10(b) for cold treatment and methyl bromide
fumigation (CT&MB), Sec. 305.11 for miscellaneous chemical treatments
(CMisc.), Sec. 305.16 for cold treatment (CT), Sec. 305.18 for quick
freeze, Sec. 305.21 for hot water dip (HWD), Sec. 305.22 for hot water
immersion (HWI), Sec. 305.24 for vapor heat (VH), Sec. 305.27 for
forced hot air (FHA), Sec. 305.29 for vacuum heat (VCH), Sec. Sec.
305.31 through 305.34 for irradiation (IR), and Sec. 305.42 for
miscellaneous (Misc.).
(i) Treatment for shipments from foreign localities.
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
All.................................. All imported fruits and Hitchhiker pests or MB T104-a-1.
vegetables. surface pests, except
mealybugs.
Mealybugs.............. MB T104-a-2.
Most................... Quick freeze T110.
Acorns, chestnuts (see Cydia splendana and MB T101-t-1 or MB T101-
Sec. 319.56-2b of Curculio spp.. u-1.
this chapter).
Banana................. External feeders such MB T101-d-1.
as Noctuidae spp.,
Thrips spp.,
Copitarsia spp..
Beet................... Internal feeders....... MB T101-g-1.
Beet................... External feeders....... MB T101-g-1-1.
[[Page 176]]
Blackberry............. External feeders such MB T101-h-1.
as Noctuidae spp.,
Thrips spp.,
Copitarsia spp.,
Pentatomidae spp., and
Tarsonemus spp..
Broccoli (includes External feeders and MB T101-n-2.
Chinese and rapini). leafminers.
Brussel sprouts........ External feeders and MB T101-n-2.
leafminers.
Cabbage (European and External feeders....... MB T101-j-1.
Chinese).
Cabbage (bok choy, External feeders and MB T101-n-2.
napa, Chinese mustard). leafminers.
Cantaloupe............. External feeders....... MB T101-k-1.
Carrot................. External feeders....... MB T101-l-1.
Carrot................. Internal feeders....... MB T101-m-1.
Cauliflower............ External feeders and MB T101-n-2.
leafminers.
Celeriac (celery root). External feeders....... MB T101-n-1.
Celery (above ground External feeders....... MB T101-o-1.
parts).
Chayote (fruit only)... External feeders....... MB T101-p-1.
Cherry................. Insects other than MB T101-r-1.
fruit flies.
Cherry................. Rhagoletis indifferens MB T101-s-1.
and Cydia pomonella.
Chicory (above ground External feeders....... MB T101-v-1.
parts).
Chicory root........... External feeders....... MB T101-n-1.
Copra.................. External feeders....... MB T101-x-1.
Corn-on-the-cob........ Ostrinia nubilalis..... MB T101-x-1-1.
Cucumber............... External feeders....... MB T101-y-1.
Dasheen................ External feeders....... MB T101-z-1.
Dasheen................ Internal feeders....... MB T101-a-2.
Durian and other large External feeders....... Misc. T102-c.
fruits such as
breadfruit.
Endive................. External feeders....... MB T101-b-2.
Fava bean (dried)...... Bruchidae.............. MB T101-c-2.
MB T101-d-2.
Garlic................. Brachycerus spp. and MB T101-e-2.
Dyspessa ulula.
Ginger (rhizome)....... Internal feeders....... MB T101-f-2.
Ginger (rhizome)....... External feeders....... MB T101-g-2.
Grapefruit and other Aleurocanthus woglumi.. MB T101-j-2.
citrus.
Herbs and spices Various stored product MB T101-n-2-1-1.
(dried). pests, except khapra
beetle.
Herbs, fresh (includes External feeders and
all fresh plant parts leafminers..
except seeds).
Kiwi................... External feeders, MB T101-m-2.
Nysius huttoni.
Leeks.................. Internal feeders....... MB T101-q-2.
Lentils (dried)........ Bruchidae.............. MB T101-e-1.
Litchi................. Mealybugs MB T101-b-1-1.
(Pseudococcidae).
Lime................... Mealybugs and other HWI T102-e.
surface pests.
Melon (including External feeders such MB T101-o-2.
honeydew, muskmelon, as Noctuidae spp.,
and watermelon). Thrips spp.,
Copitarsia spp..
Onion.................. Internal feeders and MB T101-q-2.
leafminers.
Papaya................. Cercospora mamaonis and T561: Dip in hot water
Phomopis carica- at 120.2 [deg]F for 20
papayae. minutes.
Parsnip................ Internal feeders....... MB T101-g-1.
Peas (dried)........... Bruchidae.............. MB T101-e-1.
Pecans and hickory nuts Curculio caryae........ CT T107-g.
Peppers................ Internal pests (except MB T101-a-3.
fruit flies) and
external pests (except
mealybugs).
Pineapple.............. Internal feeders....... MB T101-r-2
Plantain............... External feeders such MB T101-t-2.
as Noctuidae spp.,
Thrips spp.,
Copitarsia spp..
Potato (white or Irish) Graphognathus spp...... MB T101-u-2.
Potato (white or Irish) Ostrinia nubilalis, MB T101-v-2.
Phthorimaea
operculella.
Pulses (dried)......... Bruchidae.............. MB T101-e-1.
[[Page 177]]
Pumpkin (includes External feeders....... MB T101-w-2.
calabaza varieties).
Radish................. Internal feeders....... MB T101-g-1.
Raspberry.............. External feeders such MB T101-x-2.
as Noctuidae spp.,
Thrips spp.,
Copitarsia spp..
Shallots............... Internal feeders MB T101-q-2.
including leafminers.
Squash (winter, summer, External feeders....... MB T101-y-2.
and chayote).
Sweet potato........... External and internal MB T101-b-3-1.
feeders.
Strawberry............. External feeders....... MB T101-z-2.
Tuna and other cactus External feeders and MB T101-e-3.
fruit. leafminers.
Turnip................. Internal feeders....... MB T101-g-1.
Yam (see Sec. 319.56- Internal and external MB T101-f-3.
21 of this chapter). feeders.
Zucchini............... Ceratitis capitata, VH T106-b-8.
Bactrocera cucurbitae,
B. dorsalis.
Zucchini............... External feeders....... MB T101-h-3.
Albania.............................. Horseradish............ Baris lepidii.......... MB T101-l-2.
Algeria.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, tangerine.. Ceratitis capitata..... CT T107-a.
Pear, plum, ethrog..... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Antigua and Barbuda.................. Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Argentina............................ Apple, apricot, cherry, Species of Anastrepha CT T107-a-1.
kiwi, peach, pear, (other than Anastrepha
plum, nectarine, ludens), Ceratitis
quince, pomegranate. capitata.
Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Grape.................. Species of Anastrepha CT T107-a-1.
(other than Anastrepha
ludens), Ceratitis
capitata.
Insects other than MB T101-i-2.
Ceratitis capitata and
Lobesia botrana.
Armenia.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a MB T101-h-2-
1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Australia............................ Apple.................. Austrotortrix spp. and CT&MB T109-d-1.
Epiphyas spp.,
Bactrocera tryoni,
Ceratitis capitata,
and other fruit flies.
Bactrocera tryoni...... CT T107-d.
Tortricidae............ MB T101-a-1.
External feeders, apple MB T101-a-1.
moth.
Asparagus.............. External feeders such MB T101-b-1.
as Noctuidae spp.,
Thrips spp. (except
Scirtothrips dorsalis
from Thailand),
Copitarsia spp..
Halotydeus destructor.. T101-b-1-1.
[[Page 178]]
Citrus--oranges, Bactrocera tryoni...... CT T107-d.
grapefruits, limes,
lemons, mandarins,
satsumas, tangors,
tangerines, and other
fruits grown from this
species or its hybrids
(C. reticulata).
Citrus--oranges, Ceratitis capitata..... CT T107-a.
grapefruits, limes
lemons, mandarins,
satsumas, tangors,
tangerines, and other
fruits grown from this
species or its hybrids
(C. reticulata).
Grape.................. Austrotortrix spp. and MB&CT T108-b or CT&MB
Epiphyas spp., T109-d-1.
Bactrocera tryoni,
Ceratitis capitata,
and other fruit flies.
Kiwi................... Bactrocera tryoni...... CT T107-d.
Pear................... Austrotortrix spp., CT&MB and T109-d-1.
Epiphyas spp.,
Bactrocera tryoni,
Ceratitis capitata,
and other fruit flies.
Bactrocera tryoni...... CT T107-d.
Tortricidae............ MB T101-a-1.
Austria.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Aruba................................ Bean, garden (pod or Cydia fabivora, MB T101-k-2 or MB T101-
shelled). Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Green bean............. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Azerbaijan........................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Bahamas.............................. Bean (pod)............. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Pigeon pea (pod)....... Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Barbados............................. Bean (pod or shelled), Cydia fabivora, MB T101-k-2.
pigeon pea (pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Belarus.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Belgium.............................. Bean, garden (pod or Cydia fabivora, MB T101-k-2.
shelled), pea (pod or Epinotia aporema,
shelled). Maruca testulalis, and
leafminers.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
[[Page 179]]
Belize............................... Bean (pod or shelled), Cydia fabivora, MB T101-k-2.
pigeon pea (pod or Epinotia aporema,
shelled). Maruca testulalis, and
leafminers.
Carambola.............. Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
tangerine.
Papaya................. Ceratitis capitata, FHA T103-d-2 (see Sec.
Bactrocera cucurbitae, 319.56-2(j) of this
B. dorsalis. part).
Bolivia.............................. Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Bosnia............................... Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Brazil............................... Apple, grape Species of Anastrepha CT T107-a-1.
(prohibited into (other than Anastrepha
California). ludens), Ceratitis
capitata.
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Bulgaria............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Cayman Islands....................... Bean (pod or shelled), Cydia fabivora, MB T101-k-2.
pigeon pea (pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Chile (all provinces except provinces Apricot, nectarine, External feeders....... MB T101-a-3.
of Region 1 or Chanaral Township of peach, plum, plumcot.
Region 3).
Cherimoya.............. Brevipalpus chilensis.. Misc. T102-b (see Sec.
319.56-2z of this
chapter for additional
treatment information)
Grape.................. External feeders....... MB T101-i-2-1.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Lemon (smooth skin).... External feeders, MB T101-n-2-1.
Brevipalpus chilensis.
Lime................... Brevipalpus chilensis.. Misc. T102-b-1.
External feeders, MB T101-n-2-1.
Brevipalpus chilensis.
Passion fruit.......... Brevipalpus chilensis.. Misc. T102-b-2.
Tomato................. External feeders....... MB T101-a-3.
Chile (all provinces of Region 1 or Apple, cherry, pear, Ceratitis capitata..... CT T107-a.
Chanaral Township of Region 3). quince.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Apricot................ Ceratitis capitata and CT T107-a and MB T101-a-
external feeders. 3.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Avocado................ Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
[[Page 180]]
Babaco (fruit)......... Ceratitis capitata, VH T106-b-3.
Bactrocera cucurbitae,
B. dorsalis.
External feeders....... MB T103-d-1.
Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Grape.................. Ceratitis capitata..... CT T107-a.
External feeders....... MB T101-i-2-1.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Kiwi................... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Lemon (smooth skinned). External feeders, MB T101-n-2-1.
Brevipalpus chilensis.
Lime................... Brevipalpus chilensis.. Misc. T102-b-2.
External feeders, MB T101-n-2-1.
Brevipalpus chilensis.
Loquat................. Ceratitis capitata..... CT T107-a.
Mango.................. Anastrepha spp., HWD T102-a.
Anastrepha ludens,
Ceratitis capitata.
Mountain papaya........ Bactrocera cucurbitae, VH T106-b-3 or FHA T103-
B. dorsalis, Ceratitis d-1.
capitata.
Nectarine.............. Ceratitis capitata..... CT T107-a.
External feeders....... MB T101-a-3.
Papaya................. Bactrocera cucurbitae, VH T106-b-4 or FHA T103-
B. dorsalis, Ceratitis d-2.
capitata.
Peach.................. Ceratitis capitata..... CT T107-a.
External feeders....... MB T101-a-3.
Persimmon, sand pear... Ceratitis capitata..... CT T107-a.
Plum, plumcot.......... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
External feeders....... MB T101-a-3.
Opuntia spp............ Ceratitis capitata..... MB T101-d-3.
Tomato................. Scrobipalpula absoluta, MB T101-c-3-1.
Rhagoletis tomatis.
China................................ Litchi................. Bactrocera cucurbitae, CT T107-h.
B. dorsalis,
Conopomorpha sinensis.
Longan................. Bactrocera dorsalis and CT T107-j.
B. curcubitae.
Pear (Ya variety), Bactrocera cucurbitae, CT T107-f.
Shandong Province only. B. dorsalis,
Eutetranychus
orientalis.
Sand pear.............. Bactrocera cucurbitae, CT T107-f.
B. dorsalis,
Eutetranychus
orientalis.
Colombia............................. Bean, garden........... Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Cape gooseberry........ Ceratitis capitata..... CT T107-a.
Grape.................. Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
plum, tangerine,
pomegranate.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Tuna................... Ceratitis capitata..... MB T101-d-3.
Yellow pitaya.......... Ceratitis capitata and VH T106-e.
Anastrepha fraterculus.
Costa Rica........................... Bean, garden........... Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Bean, lima (pod or Cydia fabivora, MB T101-k-2.
shelled), pigeon pea Epinotia aporema,
(pod or shelled). Maruca testulalis, and
leaf miners.
Ethrog................. Ceratitis capitata..... CT T107-a.
[[Page 181]]
Bactrocera MB&CT T108-a-1 or T108-a-2 or
cucurbitae, B. T108-a-3.
dorsalis, B. tryoni,
Brevipalpus chilensis,
Ceratitis capitata,
Lobesia botrana.
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
tangerine.
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Croatia.............................. Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Cyprus............................... Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Ceratitis capitata..... CT T107-a.
tangerine.
Czech Republic....................... Horseradish............ Baris lepidii.......... MB T101-1-2.
Denmark.............................. Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Dominica............................. Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Dominican Republic................... Bean (pod)............. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Goa bean (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leaf miners.
Grape.................. Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Hyacinth bean.......... Cydia fabivora, MB T101-k-2-1.
Epinotia aporema,
Maruca testulalis, and
leaf miners.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2 or MB T101-
shelled). Epinotia aporema, k-2-1.
Maruca testulalis,
Melanagromyza obtusa
and leaf miners.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Yard long bean (pod)... Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Ecuador.............................. Apple.................. Species of Anastrepha CT T107-a-1.
(other than Anastrepha
ludens), Ceratitis
capitata.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Bean (pod or shelled), Cydia fabivora, MB T101-k-2.
pigeon pea (pod or Epinotia aporema,
shelled). Maruca testulalis, and
leafminers.
Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Species of Anastrepha CT T107-a-1.
tangerine. (other than Anastrepha
ludens), Ceratitis
capitata.
[[Page 182]]
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Pea (pod).............. Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Egypt................................ Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Orange................. Ceratitis capitata..... CT T107-a.
Pea (pod or shelled)... Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Pear................... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
El Salvador.......................... Bean, garden and lima.. Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
tangerine.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Estonia.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Finland.............................. Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
France............................... Apple, pear............ Ceratitis capitata..... CT T107-a.
Ethrog, kiwi........... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Georgia, Republic of................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Germany.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
[[Page 183]]
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
E B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Greece (includes Rhodes)............. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Kiwi, tangerine, ethrog Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Orange, pomegranate.... Ceratitis capitata..... CT T107-a.
Grenada.............................. Bean (pod)............. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulais, and
leafminers.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminrs.
Guadeloupe, Dept of (FR) and St. Okra (pod)............. Pectinophors MB T101-p-2.
Barthelemy. gossypiella.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled), bean (pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Guatemala............................ Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
plum, tangerine.
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Tuna................... Ceratitis capitata..... MB T101-d-3.
Guyana............................... Apple, orange.......... Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Bean (pod or shelled).. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Haiti................................ Apricot, pomegranate... Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod or shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Hungary.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
[[Page 184]]
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
India................................ Litchi (fruit)......... Bactrocera cucurbitae, CT T107-f.
B. dorsalis
Eutetranychus
orientalis.
Israel (includes Gaza)............... Apple, apricot, Ceratitis capitata..... CT T107-a.
nectarine, peach,
pear, plum.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Avocado................ Bactrocera cucurbitae, MB T101-c-1.
B. dorsalis, Ceratitis
capitata.
Brassica oleracea...... External feeders and MB T101-n-2.
leafminers.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, litchi, Ceratitis capitata..... CT T107-a.
loquat, orange,
persimmon,
pomegranate, pummelo,
tangerine.
Horseradish root (to Baris lepidii.......... MB T101-1-2.
Hawaii).
Lettuce (leaf), field External feeders and MB T101-n-2.
grown. leafminers.
Pea (pod or shelled)... Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Tuna (fruit)........... Ceratitis capitata..... MB T101-d-3.
Italy................................ Ethrog (North Atlantic Ceratitis capitata..... CT T107-a.
ports only).
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Ceratitis capitata..... CT T107-a.
persimmon, tangerine.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Kiwi (fruit)........... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Pea (pod or shelled)... Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Tuna (fruit)........... Ceratitis capitata..... MB T101-d-3.
Jamaica.............................. Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Ivy gourd (fruit)...... Cydia, fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testullis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
[[Page 185]]
Thyme.................. External feeders and MB T101-n-2.
leafminers.
Japan (includes Bonian Island, Apple (Fuji only)...... Carposina niponensis, CT&MB T109-a-1 or T109-
Ryukyu, Island Ryukyu Island, Tokara Conogethes a-2.
Island, Volcano Islands). punctiferalis,
Tetranychus
viennensis, T.
kanzawai.
Cabbage (to Hawaii).... External feeders and MB T101-n-2.
leafminers.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Jordan............................... Apple, persimmon....... Ceratitis capitata..... CT T107-a.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata,.... CT T107-a or MB T1011-h-
2-l.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Kazakhstan........................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108a-1 or T108-a-
B. dorsalis, B. 2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Korea, Republic of (South)........... Apple (Fuji only)...... Carposina niponensis, CT&MB T109-a-1 or T109-
Conogethes a-2.
punctiferalis,
Tetranychus
viennensis, T.
kanzawai.
Kyrgyzstan........................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Latvia............................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tyroni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Lebanon.............................. Apple.................. Ceratitis capitata..... CT T107-a.
Libya................................ Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Lithuania............................ Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Luxembourg........................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
[[Page 186]]
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Macedonia............................ Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Martinique, Dept. of (FR)............ Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Mexico............................... Apple, cherry, peach, Anastrepha ludens...... CT T107-b.
plum, tangerine.
Brassica spp., External feeders such MB T101-b-1.
Chenopodium spp., as Noctuidae spp.,
cilantro. Thrips spp. (except
Scirtothrips dorsalis
from Thailand),
Copitarsia spp..
Carambola.............. Species of Anastrepha CT T107-c.
(other than Anastrepha
ludens).
Grapefruit............. Anastrepha ludens...... CT T107-b.
Anastrepha spp......... MB T101-j-2-1 or FHA
T103-a-1 or VH T106-a-
2.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Mango.................. Anastrepha ludens...... VH T106-a-3.
Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Anastrepha ludens, FHA T103-c-1.
Anastrepha obliqua,
Anastrepha serpentina.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Orange................. Anastrepha ludens...... CT T107-b.
Anastrepha spp......... MB T101-j-2-1 or FHA
T103-a-1.
Anastrepha spp. VH T106-a-4.
(includes Anastrepha
ludens).
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled), bean (pod or Epinotia aporema,
shelled). Maruca testulalis.
Tangerine.............. Anastrepha spp......... MB T101-j-2-1 or FHA
T103-a-1 or VH T106-a-
1 or VH T106-a-1-1.
Moldova.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Montserrat........................... Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Morocco.............................. Apricot, peach, pear, Ceratitis capitata..... CT T107-a.
plum.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Cipollino (bulb/wild Exosoma lusitanica..... MB T101-w-1.
onion).
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
[[Page 187]]
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Ceratitis capitata..... CT T107-a.
tangerine.
Namibia.............................. Grape.................. External feeders....... MB T104-a-1.
Cryptophlebia CT T107-e.
leucotreta, Ceratitis
capitata, Ceratitis
rosa, Epichoristodes
acerbella.
Netherlands, Kingdom of.............. Bean, garden........... Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Netherlands Antilles (includes Bean (pod or shelled), Cydia fabivora, MB T101-k-2.
Bonaire, Curacao, Saba, St. pigeon pea (pod or Epinotia aporema,
Eustatius). shelled). Maruca testulalis, and
leafminers.
New Zealand.......................... Apple.................. Tortricidae............ MB T101-a-1.
Asparagus.............. Halotydeus destructor.. MB T101-b-1-1.
Pear................... Tortricidae............ MB T101-a-1.
Nicaragua............................ Faba bean (pod), green Cydia fabivora, MB T101-k-2 or MB T101-
bean (pod), mung bean Epinotia aporema, k-2-1.
(pod), pea (pod). Maruca testulalis, and
leafminers.
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp., A.
ludens.
Yard-long-bean (pod)... Cydia fabivora, MB T101-k-2 or MB T101-
Epinotia aporema, and k-2-1.
Maruca testulalis.
Norway............................... Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Panama and canal zone................ Bean (garden) and lima Cydia fabivora, MB T101-k-2 or MB T101-
(pod). Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Anastrepha ludens...... CT T107-b.
tangerine.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Peru................................. Asparagus.............. External feeders....... MB T101-b-1.
Bean (pod or shelled).. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Blueberry.............. Ceratitis capitata..... MB T101-i-1-1.
Grape.................. Species of Anastrepha CT T107-a-1.
(other than Anastrepha
ludens), Ceratitis
capitata.
Grapefruit, mandarins Anastrepha fraterculus, CT T107-a-1
or tangerines, sweet A. obliqua, A.
oranges, and tangelos. serpentina, and
Ceratitis capitata.
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Philippines.......................... Avocado................ Bactrocera cucurbitae, MB T101-c-1.
B. dorsalis, Ceratitis
capitata.
Mango.................. Bactrocera occipitalis VH T106-d-1.
and B. philippinensis.
Poland............................... Horseradish............ Baris lepidii.......... MB T101-1-2.
Portugal (includes Azores)........... Bean, faba (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
[[Page 188]]
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Romania.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Ceratitis capitata, CT T107-a.
Eutetranychus
orientalis.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Russian Federation................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Saint Kitts and Nevis................ Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Saint Lucia.......................... Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
St. Martin (France and Netherlands).. Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Saint Vincent and the Grenadines..... Bean (pod), pigeon pea Cydia fabivora, MB T101-k-2.
(pod). Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Senegal.............................. Bean, garden (pod or Cydia fabivora, MB T101-k-2 or MB T101-
shelled). Epinotia aporema, k-2-1.
Maruca testulalis, and
leafminers.
Slovakia............................. Horseradish............ Baris lepidii.......... MB T101-1-2.
Slovenia............................. Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-l-2.
South Africa......................... Apple, grape, pear..... Ceratitis capitata..... CT T107-a.
Nectarine, peach, plum. Cryptophlebia CT T107-e.
leucotreta and
Pterandrus rosa.
Citrus (fruit, Western Cryptophlebia CT T107-e.
Cape Province only). leucotreta and
Pterandrus rosa.
Spain................................ Apple.................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
[[Page 189]]
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, loquat, Ceratitis capitata..... CT T107-a.
orange, tangerine.
Horseradish............ Baris lepidii.......... MB T101-l-2.
Kiwi................... Ceratitis capitata..... CT T107-a.
Lettuce (above ground External feeders and MB T101-n-2.
parts). leafminers.
Ortanique (fruit)...... Ceratitis capitata..... CT T107-a.
Persimmon (fruit)...... Ceratitis capitata..... CT T107-a.
Suriname............................. Bean (pod or shelled).. Cydia fabivora, MB T101-k-2.
Epinotia aporema,
Maruca testulalis, and
leafminers.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Sweden............................... Horseradish (to Hawaii) Baris lepidii.......... MB T101-l-2.
Switzerland.......................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-l-2.
Syrian Arab Republic................. Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&T T108-a-1 or T108-a-
B. dorsalis, B. 2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT 108-a-1 or T108-a-
B. dorsalis, B. 2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Taiwan............................... Carambola.............. Bactrocera cucurbitae, CT T107-f.
B. dorsalis,
Eutetranychus
orientalis.
Horseradish (to Hawaii) Baris lepidii.......... MB T101-l-2.
Litchi (including Bactrocera dorsalis, B. CT T107-h.
clusters of fruit cucurbitae,
attached to a stem). Conopomorpha sinensis.
Mango.................. Bactrocera dorsalis.... VH T106-d.
Tajikistan........................... Horseradish............ Baris lepidii.......... MB T101-l-2.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT 108-a-1 or T108-a-
B. dorsalis, B. 2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Thailand............................. Asparagus (shoot)...... Scirtothrips dorsalis.. MB T101-b-1-1.
Trinidad and Tobago.................. Bean (shelled), pigeon Cydia fabivora, MB T101-k-2.
pea (shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Grapefruit, orange, Species of Anastrepha CT T107-c.
tangerine. (other than Anastrepha
ludens).
Okra, roselle.......... Pectinophora MB T101-p-2.
gossypiella.
Tunisia.............................. Ethrog................. Ceratitis capitata..... CT T107-a
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
[[Page 190]]
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grapefruit, orange, Ceratitis capitata..... CT T107-a.
tangerine.
Peach, pear, plum...... Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Turkey............................... Ethrog................. Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Orange................. Ceratitis capitata..... CT T107-a.
Turkmenistan......................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Ukraine.............................. Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
United Kingdom (includes Channel Horseradish (to Hawaii) Baris lepidii.......... MB T101-1-2.
Islands, Shetland Island).
Uruguay.............................. Apple, nectarine, peach Species of Anastrepha CT T107-a-1.
pear, plum. (other than Anastrepha
ludens), Ceratitis
capitata.
Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Uzbekistan........................... Grape.................. Lobesia botrana........ MB T101-h-2.
Ceratitis capitata..... CT T107-a or MB T101-h-
2-1.
Ceratitis capitata, MB T101-h-2-1.
Lobesia botrana.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, B. a-2 or T108-a-3.
tryoni, Brevipalpus
chilensis, Ceratitis
capitata, Lobesia
botrana.
Horseradish............ Baris lepidii.......... MB T101-1-2.
Venezuela............................ Bean (pod or shelled), Cydia fabivora, MB T101-k-2 or MB T101-
pigeon pea (pod or Epinotia aporema, k-2-1.
shelled). Maruca testulalis.
Grape, grapefruit, Species of Anastrepha CT T107-a-1.
orange, tangerine. (other than Anastrepha
ludens), Ceratitis
capitata.
[[Page 191]]
Mango.................. Ceratitis capitata, HWD T102-a.
Anastrepha spp.,
Anastrepha ludens.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Zimbabwe............................. Apple, kiwi, pear...... Ceratitis capitata..... CT T107-a.
Apricot, nectarine, Cryptophlebia CT T107-e.
peach, plum. leucotreta and
Pterandrus rosa.
----------------------------------------------------------------------------------------------------------------
(ii) Treatment for shipments from U.S. quarantine localities.
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
Areas in the United States under Fruit of the genera Xanthomonas axonopodis CMisc. CC1 or CMisc.
Federal quarantine for the listed Citrus and Fortunella pv. citri. CC2.
pest. and of the species
Clausena lansium and
Poncirus trifoliata.
Any fruit listed in Anastrepha ludens...... IR.
Sec. 301.64-2(a) of
this chapter.
Any article listed in Ceratitis capitata..... IR.
Sec. 301.78-2(a) of
this chapter.
Apple.................. Anastrepha ludens...... CT T107-b.
Anastrepha spp. (other CT T107-a-1 or CT T107-
than A. ludens). c.
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, Ceratitis a-2 or T108-a-3.
capitata.
Ceratitis capitata..... CT T107-a or MB&CT T108-
b.
Apricot................ Anastrepha ludens...... CT T107-b.
Bactrocera dorsalis, MB&CT T108-a-1 or T108-
Ceratitis capitata. a-2 or T108-a-3.
Ceratitis capitata..... CT T107-a.
Avocado................ Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, Ceratitis a-2 or T108-a-3.
capitata.
Bay leaves............. Phytophthora ramorum... VCH T111-a-1
Bell pepper............ Bactrocera cucurbitae, VH T106-b-1.
B. dorsalis, Ceratitis
capitata.
Cherry................. Bactrocera dorsalis, MB&CT T108-a-1 or T108-
Ceratitis capitata. a-2 or T108-a-3.
Ceratitis capitata..... CT T107-a.
Citrons................ Anastrepha ludens...... CT T107-b.
Ceratitis capitata..... CT T107-a.
Citrus................. Anastrepha ludens...... FHA T103-a-1.
Anastrepha spp. (other CT T107-a-1, CT T107-c.
than A. ludens).
Bactrocera dorsalis.... MB&CTOFF or CT&MBOFF.
Ceratitis capitata..... CT T107-a or MB T101-w-
1-2.
Citrus fruit regulated Ceratitis capitata..... MB&CTMedfly or
under Sec. 301.78- CTMedfly.
2(a) of this chapter.
Citrus fruit regulated Anastrepha serpentina.. MBSFF.
under Sec. 301.99-
2(b) of this chapter.
Eggplant............... Bactrocera cucurbitae, VH T106-b-2.
Ceratitis capitata.
Grape.................. Bactrocera cucurbitae, CT T107-f or MB&CT T108-
B. dorsalis, Ceratitis a-1 or T108-a-2 or
capitata. T108-a-3.
Bactrocera dorsalis.... MB&CTOFF or CT&MBOFF.
Ceratitis capitata..... MB T101-h-2-1 or CT
T107-a or MB&CT T108-
b.
Grapefruit............. Anastrepha ludens...... CT T107-b or MB T101-j-
2-1 or FHA T103-a-1.
Ceratitis capitata..... CT T107-a.
Kiwi................... Ceratitis capitata..... CT T107-a or MB T101-m-
2-1 or MB&CT T108-a-1
or T108-a-2 or T108-a-
3.
Litchi................. Anastrepha ludens...... CT T107-b.
Longan................. Anastrepha ludens...... CT T107-b.
Bactrocera dorsalis.... CT T107-h.
Loquat................. Ceratitis capitata..... CT T107-a.
[[Page 192]]
Nectarine.............. Bactrocera dorsalis.... MB&CT T108-a-1or T108-a-
2 or T108-a-3.
Ceratitis capitata..... CT T107-a or CT T107-c
or MB&CT T108-a-1 or
T108-a-2 or T108-a-3.
Okra................... Pectinophora MB T101-p-2.
gossypiella.
Orange................. Anastrepha ludens...... CT T107-b MB T101-j-2-1
orFHA T103-a-1.
Ceratitis capitata..... CT T107-a or CT T107-c.
Optunia cactus (Optunia Ceratitis capitata..... MB T101-d-3.
spp.).
Papaya................. Bactrocera cucurbitae, VH T106-c VH T106-b-4
B. dorsalis, Ceratitis or.
capitata.
Peach.................. Anastrepha ludens...... CT T107-b.
Anastrepha spp. (other CT T107-a-1.
than A. ludens).
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, Ceratitis a-2 or T108-a-3.
capitata.
Ceratitis capitata..... CT T107-a or T107-c.
Pear................... Anastrepha ludens...... CT T107-b.
Anastrepha spp. (other CT T107-a-1.
than A. ludens).
Bactrocera cucurbitae, MB&CT T108-a-1 or T108-
B. dorsalis, Ceratitis a-2 or T108-a-3.
capitata.
Ceratitis capitata..... CT T107-a or CT T107-c
or MB&CT T108-b.
Pepper, bell........... Bactrocera cucurbitae, VH T106-b-1.
B. dorsalis, Ceratitis
capitata.
Persimmons............. Anastrepha ludens...... CT T107-b.
Pineapple (other than Bactrocera cucurbitae, VH T106-b-5.
smooth Cayenne). B. dorsalis, Ceratitis
capitata.
Plum................... Anastrepha ludens...... CT T107-b.
Bactrocera dorsalis.... MB&CT T108-a-1 or T108-
a-2 or T108-a-3.
Ceratitis capitata..... CT T107-a or CT T107-c
or MB&CT T108-a-1 or
T108-a-2 or T108-a-3.
Pomegranate............ Anastrepha ludens...... CT T107-b.
Ceratitis capitata..... CT T107-a or CT T107-c.
Pummelo................ Ceratitis capitata..... CT T107-a.
Quince................. Anastrepha ludens...... CT T107-b.
Anastrepha spp. (other CT T107-a-1.
than A. ludens.
Bactrocera dorsalis.... MB&CT T108-a-1 or T108-
a-2 or T108-a-3.
Ceratitis capitata..... CT T107-a.
Squash................. Bactrocera cucurbitae, VH T106-b-6.
B. dorsalis.
Tomato................. Bactrocera cucurbitae, VH T106-b-7.
B. dorsalis, Ceratitis
capitata.
Bactrocera dorsalis.... MBOFF.
Ceratitis capitata..... MB T101-c-3.
White sapote........... Anastrepha ludens...... CT T107-b.
Hawaii............................... Abiu................... Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Atemoya................ Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Avocado................ Bactrocera cucurbitae, MB T101-c-1.
B. dorsalis, Ceratitis
capitata.
Ceratitis capitata..... CT T107-a.
Bactrocera cucurbitae, CT T108-a-1 or T108-a-2
B. dorsalis, B. or T108-a-3.
tryoni, Ceratitis
capitata, Brevipalpus
chiliensis, and
Lobesia botrana.
Banana................. Bactrocera curcurbitae, IR.
Bactrocera dorsalis,
Ceratitis capitata,
Coccus viridis.
Bell pepper............ Bactrocera cucurbitae, IR or VH T106-b-1.
B. dorsalis, Ceratitis
capitata.
Carambola.............. Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Citrus................. Bactrocera cucurbitae, FHA T103-b-1.
B. dorsalis, Ceratitis
capitata.
[[Page 193]]
Eggplant............... Bactrocera cucurbitae, IR or VH T106-b-2.
B. dorsalis, Ceratitis
capitata.
Litchi................. Bactrocera or dorsalis, HWI T102-d or VH T106-
Ceratitis capitata. f.
Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Longan................. Bactrocera dorsalis, HWI T102-d-1.
Ceratitis capitata.
Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Mango.................. Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Papaya................. Bactrocera cucurbitae, VH T106-b-4 or VH T106-
B. dorsalis, Ceratitis c or FHA T103-d-2 or
capitata. IR.
Pineapple (other than Bactrocera cucurbitae, IR or VH T106-b-5.
smooth Cayenne). B. dorsalis, Ceratitis
capitata.
Rambutan............... Bactrocera dorsalis, FHA T103-e or VH T106-
Ceratitis capitata. g.
Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Sapodilla.............. Bactrocera cucurbitae, IR.
B. dorsalis, Ceratitis
capitata.
Squash, Italian........ Bactrocera cucurbitae, IR or VH T106-b-6.
B. dorsalis, Ceratitis
capitata.
Sweetpotato............ Euscepes postfasciatus, MB T101-b-3-1 or Sec.
Omphisa anastomosalis, 305.24(k) or IR.
Elytrotreinus or
subtruncatus.
Tomato................. Ceratitis capitata..... VH T106-b-5 or MB T101-
c-3.
Bactrocera cucurbitae, IR or VH T106-b-7.
B. dorsalis, Ceratitis
capitata.
Puerto Rico.......................... Beans (string, lima, Cydia fabivora, MB T101-k-2 or MB T101-
faba) and pigeon peas Epinotia aporema, k-2-1.
(fresh shelled or in Maruca testulalis,
the pod). Melanagromyza obtusa,
and leafminers.
Citrus fruits (orange, Anastrepha obliqua..... CT T107-c.
grapefruit, lemon,
citron, and lime).
Mango.................. Anastrepha spp., HWD T102-a.
Ceratitis capitata.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Sweet potato........... External and internal MB T101-b-3-1.
feeders.
Pigeon pea (pod or Cydia fabivora, MB T101-k-2.
shelled). Epinotia aporema,
Maruca testulalis, and
leafminers.
Virgin Islands....................... Beans (string, lima, Cydia fabivora, MB T101-k-2 or MB T101-
faba) and pigeon peas, Epinotia aporema, k-2-1.
in the pod. Maruca testulalis, and
leafminers.
Citrus fruits (orange, Anastrepha obliqua..... CT T107-c.
grapefruit, lemon,
citron, and lime).
Mango.................. Anastrepha spp., HWD T102-a.
Ceratitis capitata.
Okra (pod)............. Pectinophora MB T101-p-2.
gossypiella.
Sweet potato........... External and internal MB T101-b-3-1.
feeders.
----------------------------------------------------------------------------------------------------------------
(i) Garbage. For treatment of garbage, see Sec. 305.33.
(j) Grains and seeds not intended for propagation. The treatment
schedules for which administration instructions are not provided are in
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.23 for steam
sterilization (SS), and Sec. 305.25 for dry heat (DH).
------------------------------------------------------------------------
Plant material Pest Treatment schedule
------------------------------------------------------------------------
Acorns.......................... Cydia splendana MB T302-g-1 or MB
and Curculio spp. T302-g-2.
Corn seed (commercial lots)..... Various corn- SS T510-1.
related diseases.
Ear corn........................ Borers............ MB T302-a-1-1 or
DH T302-a-1-2.
Grains and seeds (guar ``gum''). Trogoderma MB T302-c-1 or MB
granarium. T302-c-3.
Grains and seeds................ Trogoderma MB T302-c-2.
granarium.
[[Page 194]]
Grains and seeds contaminated Pectinophora spp.. MB T301-a-1-1 or
with cotton seed. MB T301-a-1-2.
Grains and seeds................ Insects other than MB T302-e-1 or MB
Trogoderma T302-e-2.
granarium.
Grains and seeds excluding Snails............ T302-f: Remove
Rosmarinus seed. snails through
separation by
screening or hand
removal. If not
feasible, an
inspector will
deny entry or
treat with
appropriate
schedule (See
miscellaneous
cargo in
paragraph (m) of
this section.).
Shelled corn contaminated with Pectinophora spp.. MB T302-b-1-2 (See
cottonseed. (Do not use shelled MB T301-a-1-1 or
corn treated with T301 for food MB T301-a-1-2.).
or feed.).
------------------------------------------------------------------------
(k) Hay, baled. For treatment of baled hay for Mayetiola destructor,
see the phosphine treatment schedule T311 in Sec. 305.7.
(l) Khapra beetle. (1) For the heat treatment of feeds and milled
products that are heated as a part of the processing procedure, or for
other commodities that can be subjected to heat, and that are infested
with khapra beetle, see treatment schedule T307-a in Sec. 305.26.
(2) See treatment schedule T306-c-1 in Sec. 305.6 for finely ground
oily meals and flour.
(3) See also specific articles where the pest is Trogoderma
granarium (khapra beetle).
(4) See treatment schedule T302-g-1 in Sec. 305.6 for sorptive
materials.
(m) Miscellaneous (nonfood, nonfeed commodities or articles). The
treatment schedules for which administration instructions are not
provided are in Sec. 305.6 for methyl bromide (MB) fumigation, Sec.
305.8 for sulfuryl fluoride, Sec. 305.16 for cold treatment (CT), and
Sec. 305.23 for steam sterilization (SS).
------------------------------------------------------------------------
Material Pest Treatment schedule
------------------------------------------------------------------------
Brassware from Bombay (Mumbai), Trogoderma MB T413-a or MB
India. granarium. T413-b.
Inanimate, nonfood articles..... Gypsy moth egg MB T414.
masses.
Miscellaneous cargo (nonfood, Quarantine MB T402-a-1 or CT
nonfeed commodities). significant T403-a-6-3.
snails of the
family
Achatinidae,
including
Achatina,
Archachatina,
Lignus,
Limicolaria.
Quarantine MB T403-a-2-1 or
significant MB T403-a-2-2 or
snails of the CT T403-a-2-3.
family
Hygromiidae,
including the
following genera:
Canidula,
Cernuella,
Cochlicella,
Helicella,
Helicopsis,
Monacha,
Platytheba,
Pseudotrichia,
Trochoidea,
Xerolenta,
Xeropicta,
Xerosecta,
Xerotricha.
Quarantine MB T403-a-3.
significant slugs
of the families
Agriolimacidae,
Arionidae,
Limacidae,
Milacidae,
Philomycidae,
Veronicellidae,
including the
following genera:
Agriolimax,
Arion, Colosius,
Deroceras,
Diplosolenodes,
Leidyula, Limax,
Meghimatium,
Milax, Pallifera,
Pseudoveronicella
, Sarasinula,
Semperula,
Vaginulus,
Veronicella.
Quarantine MB T403-a-4-1 or
significant MB T403-a-4-2 or
snails of the CT T403-a-4-3.
family Helicidae,
including the
following genera:
Caracollina,
Cepaea,
Cryptomphalus,
Helix, Otala,
Theba.
Quarantine MB T403-a-5-1 or
significant MB T403-a-5-2, or
snails of the CT T403-a-5-3.
families
Bradybaenidae and
Succineidae,
including the
following genera:
Bradybaena,
Cathaica,
Helicostyla,
Omaloynyx,
Succinea,
Trishoplita.
[[Page 195]]
Quarantine CT T403-a-6-1.
significant
snails sensitive
to cold
treatment.
Members of the
families
Bradybaenidae,
Helicidae,
Helicellidae,
Hygromiidae, and
Succineidae,
including the
following genera:
Bradybaena,
Candidula,
Cepaea, Cathaica,
Cernuella,
Cochlicella,
Helicella,
Helicostyla,
Theba,
Trishoplita,
Trochoidea,
Xerolenta,
Xeropicta,
Xerosecta,
Xerotricha.
Quarantine CT T403-a-6-2.
significant
snails sensitive
to cold
treatment,
certain members
of the family
Helicidae,
including the
genera Helix and
Otala.
Quarantine CT T403-a-6-3.
significant
snails sensitive
to cold treatment
of the family
Achatinidae,
including the
genera Achatina,
Archachatina,
Lignus,
Limicolaria.
Globodera MB T403-c.
rostochiensis.
Trogoderma MB T401-b or MB
granarium. T402-b-2.
Wood borers or See treatments for
termites. wood products in
paragraph (y) of
this section.
Pieris spp. (all MB T403-f.
life stages of
cabbageworms) and
all other
Lepidoptera,
hitchhiking
insects,
including other
than Lepidoptera.
Miscellaneous cargo (nonfood, Quarantine MB T403-e-1-1 or
nonfeed commodities) that is significant MB T403-e-1-2.
sorptive or difficult to insects not
penetrate. specifically
provided for
elsewhere in
nonfood or
nonfeed
commodities.
Miscellaneous cargo (nonfood, Quarantine MB T403-e-2.
nonfeed commodity) that is not significant pests
sorptive or difficult to other than
penetrate. insects
(including snails
of the families
Helicarionidae,
Streptacidae,
Subulinidae, and
Zonitidae, as
well as other
noninsect pests).
Nonfood materials............... Ticks............. MB T310-a or MB
T310-b or
sulfuryl fluoride
T310-d.
Nonplant articles............... Potato cyst MB T506-2-1 or SS
nematode. T506-2-3.
Nonplant products............... Ants.............. MB T411.
------------------------------------------------------------------------
(n) Plants, bulbs, corms, tubers, rhizomes, and roots. The treatment
schedules for which administration instructions are not provided are in
Sec. 305.6 for methyl bromide (MB) fumigation, Sec. 305.10 for
combination (COM), and Sec. 305.42(c) for miscellaneous (Misc.).
------------------------------------------------------------------------
Plant material Pest Treatment schedule
------------------------------------------------------------------------
Anchusa, Astilbe, Clematis, Lesion nematodes T553-2: Hot water
Dicentra, Gardenia, Helleborus, (Pratylenchus dip at 118 [deg]F
Hibiscus, Kniphofia, Primula. spp.). for 30 minutes.
Acalypha........................ Pratylenchus spp.. T570-1: Hot water
dip at 110 [deg]F
for 50 minutes.
Aconitum........................ Aphelenchoides T570-2: Hot water
fragariae spp. dip at 110 [deg]F
for 50 minutes.
Allium, Amaryllis, and bulbs.... Bulb nematodes: T552-1: Presoak
Ditylenchus bulbs in water at
dipsaci, D. 75 [deg]F for 2
destructor. hours, then at
110-111 [deg]F
for 4 hours.
Amaryllis....................... Ditylenchus T565-1: Hot water
destructor. dip at 110 [deg]F
for 4 hours
immediately after
digging.
Aquatic plants.................. Snails of the T201-q: Hot water
families: treatment at 112
Ampullariidae, [deg]F for 10
Bulinidae, minutes. (Elodea,
Lymnaeidae, Danes, and
Planorbidae, Cabomba
Viviparidae. caroliniana
plants not
tolerant to this
treatment.)
Armoracea (horseradish roots), Globodera T553-3: Hot water
bulbs (not specifically rostochiensis and dip at 118 [deg]F
provided for). G. pallida. for 30 minutes.
Astilbe, Bletilla hyacinthina, Aphelenchoides T564-1: Presoak in
Cimicifuga, Epimedium pinnatum, besseyi. water at 68
Hosta, Paeonia. [deg]F for 1 hour
followed by hot
water soak at 110
[deg]F for 1
hour. Then dip in
cold water and
let dry.
[[Page 196]]
Astilbe roots................... Brachyrhinus MB T202-b.
larvae.
Azalea.......................... Chrysomyxa spp.... T501-1: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray.
Azalea hybrid................... Chrysomyxa spp.... T501-2: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray; or T505-
1-1: Treat with
mancozeb or other
approved
fungicide of
equal
effectiveness
according to the
label.
Banana roots.................... External feeders.. T202-c:
Pretreatment at
110 [deg]F for 30
minutes. Then,
hot water dip at
120 [deg]F for 60
minutes.
Begonia......................... Aphelenchoides T559-1: Dip in hot
fragariae. water at 118
[deg]F for 5
minutes.
Bletilla hyacinthina............ Aphelenchoides T553-4: Dip in hot
fragariae. water at 118
[deg]F for 30
minutes.
Bromeliads...................... External feeders.. MB T201-e-1.
Internal feeders MB T201-e-2.
such as borers
and miners.
Phyllosticta T507-1: Remove
bromeliae Uredo infested leaves
spp. and treat all
plants of same
species in
shipment with
Captan following
label directions.
Cacti and other succulents...... External feeders MB T201-f-1.
(other than soft
scales) infesting
collected dormant
and nondormant
plant material.
Borers and soft MB T201-f-2.
scales.
Calla (rhizomes)................ Meloidogyne spp... T556-1: Dip in hot
water at 122
[deg]F for 30
minutes.
Camellia (light infestation).... Cylindrosporium Light infestation:
camelliae. T509-1-1: Remove
infested leaves
and dip or spray
plant with 4-4-50
Bordeaux. Dry
quickly and
thoroughly. Heavy
infestation: An
inspector will
refuse entry.
Christmas tree.................. Phoma chrysanthemi T501-5: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray.
Chrysanthemum................... Phoma chrysanthemi T501-4: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray.
Chrysanthemum rooted and Aphids............ MB T201-g-1.
unrooted cuttings.
External feeders.. COM T201-g-2.
Leafminers, T201-g-3: Dip in
aphids, mites, hot water at 110-
etc. 111 [deg]F for 20
(Chrysanthemum minutes.
spp. from
Dominican
Republic and
Colombia when
infested with
Agromyzid
leafminers
requires no
treatment unless
destined to
Florida.).
Chrysanthemum (not including Meloidogyne spp. T557-1: Dip in hot
Pyrethrum). and Pratylenchus water at 118
spp. [deg]F for 25
minutes.
Commodities infested with....... Slugs of the MB T201-l.
families
Agriolimacidae,
Arionidae,
Limacidae,
Milacidae,
Philomycidae,
Veronicellidae,
including the
following genera:
Agriolimax,
Arion, Colosius,
Deroceras,
Diplosolenodese,
Leidyula, Limax,
Meghimatium,
Milax, Pallifera,
Pseudoveronicella
, Sarasinula,
Semperula,
Vaginulus,
Veronicella.
Convallaria..................... Globodera T551-1: Keep the
rostochiensis and pips frozen until
G. pallida. time for
treatment. Then
thaw enough to
separate bundles
just before
treatment begins.
Without
preliminary
warmup, immerse
in hot water at
118 [deg]F for 30
minutes.
Crocus.......................... Aphelenchoides T565-2: Hot water
subtenuis, at 110 [deg]F for
Ditylenchus 4 hours
destructor. immediately after
digging.
Cycads (except Dioon edule)..... External feeders.. MB T201-h-1.
Deciduous woody plants (dormant) External feeders.. MB T201-a-1.
Gypsy moth egg MB T313-a or MB
masses. T313-b.
Mealybugs......... MB T305-c.
[[Page 197]]
Deciduous woody plants Borers, Citrus MB T201-a-2 or MB
(dormant), root cuttings, scion whitefly hosts. T201-k-1.
wood cuttings, and nonfoliated
citrus whitefly host: Acer,
Berberis, Fraxinus,
Philadelphus, Rosa, Spiraea,
Syringa.
Dioon edule..................... External feeders.. MB T201-h-2.
Dieffenbachia, Dracaena, External feeders.. MB T201-i-1.
Philodendron (plants and
cuttings).
Internal feeders.. MB T201-i-2.
Evergreens (Azalea, Berberis, External feeders.. MB T201-b-1.
Camellia, Cedrus, Cupressus,
Ilex, Juniperus, Photinia,
Podocarpus, Thuja, and Taxus).
Exceptions:
Araucaria................... External feeders.. MB T201-c-1.
Azalea indica............... External feeders.. MB T201-c-2.
Cycads...................... External feeders.. MB T201-l.
Hosts....................... Dialeurodes citri. MB T201-k-1.
Daphne...................... External feeders.. MB T201-c-1.
Lavandula................... External feeders.. Misc. T201-p-1.
Osmanthus americanus........ External feeders.. COM T201-p-2.
Pinus (Canada to certain .................. MB T201-j.
States).
Peanuts..................... Gypsy moth egg MB T313-a.
masses.
Foliated host plants of Dialeurodes citri. MB T201-k-1.
Dialeurodes citri, excluding
Osmanthus americanus.
Fragaria (strawberry)........... Aphelenchoides T569-1: Hot water
fragariae. at 121 [deg]F for
7 minutes.
Pratylenchus spp.. T558-1: Dip in hot
water at 127
[deg]F for 2
minutes.
Garlic (see Sec. 319.37-6(c)). Brachycerus spp. MB T202-j.
and Dyspessa
ulula.
Gentiana........................ Septoria gentianae T507-2: Remove
infested leaves
and treat all
plants of same
species in
shipment with
Captan following
label directions.
Gladiolus....................... Taeniothrips MB T202-e-1 or MB
simplex. 202-e-2.
Ditylenchus T565-3: Hot water
destructor. at 110 [deg]F for
4 hours
immediately after
digging.
Greenhouse-grown plants, External feeders, MB T201-c-1.
herbaceous plants and cuttings, leafminers,
greenwood cuttings of woody thrips.
plants.
Borers and soft MB T201-c-2.
scales.
Exceptions:
Bromeliads.................. External feeders.. MB T201-e-3-1.
Cacti and other succulents.. External feeders.. MB T201-j.
Chrysanthemum............... External feeders.. MB T201-g-1.
Cycads...................... External feeders.. MB T201-1.
Cyclamen.................... Mites............. MB T201-a-2.
Dieffenbachia, Dracaena, and External feeders.. MB T201-i-1.
Philodendron.
Kalanchoe synsepala......... Quarantine pests, Misc. T201-p-1.
excluding scale
insects.
Lavandula................... Quarantine pests.. COM T201-p-2.
Orchids..................... Dialeurodes citri. MB T201-k-2.
Osmanthus americanus........ Quarantine pests.. Misc. T201-p-1.
Pelargonium................. Quarantine pests.. Misc. T201-p-1.
Sedum adolphi............... Quarantine pests.. Misc. T201-p-1.
Plants infested with........ Succinea horticola T201-o-1: Use a
high-pressure
water spray on
the foliage to
flush snails from
the plants. The
run-off drain
must be screened
to catch snails
before drainage
into the sewer
system.
Plants infested with........ Veronicella or MB T201-1.
other slugs.
Horseradish roots from the External feeders.. MB T202-f.
countries of Armenia,
Azerbaijan, Belarus, Bosnia,
Herzegovina, Croatia, Czech
Republic, Estonia, Georgia,
Germany, Hungary, Italy,
Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Macedonia, Moldova,
Poland, Russia, Serbia and
Montenegro, Slovakia, Slovenia,
Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
Host plants of Aleurocanthus Aleurocanthus MB T201-n.
woglumi. woglumi.
[[Page 198]]
Host plants of Omalonyx unguis Omalonyx unguis T201-o-1: Use a
and Succinea. and Succinea spp. high-pressure
(snails). water spray on
the foliage to
flush snails from
the plants. The
run-off drain
must be screened
to catch snails
before drainage
into the sewer
system; or T201-o-
2: Dip plants
with solution
prepared by
adding 3 level
tablespoons of 25
percent Malathion
wettable powder
and 6 level
teaspoons of 50
percent carbaryl
wettable powder
per gallon of
water with a
sticker-spreader
formulation.
Humulus......................... Heterodera humuli. T553-5: Hot water
at 118 [deg]F for
30 minutes.
Hyacinthus (bulbs), Iris (bulbs Ditylenchus T554-1-1: Presoak
and rhizomes), Tigridia. dipsaci and D. in water at 70-80
destructor. [deg]F for 2.5
hours followed by
hot water
immersion at 110-
111 [deg]F for 1
hour; or T554-1-
2: Hot water
immersion at 110-
111 [deg]F for 3
hours with no
presoaking.
Lilium (bulbs).................. Aphelenchoides T566-3: Completely
fragariae. submerge in hot
water at 102
[deg]F.
Lily bulbs packed in subsoil.... Internal feeders.. MB T202-g.
Lycoris......................... Taeniothrips MB T202-h.
eucharii.
Muscari, Ornithogalum, Ditylenchus T567-1: Dip in hot
Polianthes (tuberose). dipsaci. water at 113
[deg]F for 4
hours.
Narcissus....................... Steneotarsonemus MB T202-i-1; or MB
laticeps. T202-i-2; or T202-
i-3: Hot water at
110-111 [deg]F
for 1 hour after
bulbs reach 110
[deg]F pulp
temperature.
Apply hot water
within 1 month
after normal
harvest as injury
to flower bud may
occur.
Ditylenchus T555-1: Presoak in
dipsaci. water at 70-80
[deg]F for 2
hours; then at
110-111 [deg]F
until all bulbs
reach that
temperature and
hold for 4 hours.
Nonfoliated host plants of Dialeurodes citri. MB T201-k-2.
Dialeurodes citri, excluding
Osmanthus americanus.
Orchids......................... Ascochyta spp..... T513-1: Defoliate
if leaf-borne
only; inspector
will refuse entry
if pseudo-bulbs
infested.
Cercospora spp.... T501-3: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray.
Hemileia spp., Light infestation:
Leptosphaeria T509-2-1: Remove
spp., infested leaves
Mycosphaerella and treat plant
spp., with 4-4-50
Ophiodothella Bordeaux dip or
orchidearum, spray. Dry
Phomopsis quickly and
orchidophilia, thoroughly. Heavy
Phyllachora spp., infestation: An
Phyllosticta inspector will
spp., Sphenospora refuse entry.
spp.,
Sphaerodothis
spp., Uredo spp.
(except U.
scabies).
Orchids, plants and cuttings External feeders MB T201-d-1.
(see MB T305-c for mealybugs). (other than soft
scales).
Orchids, plants and cuttings.... External feeders MB T201-d-2.
(other than soft
scales) infesting
greenhouse grown
plant material.
Borers, cattleya MB T201-d-3.
fly,
Mordellistena
spp., soft
scales, Vinsonia
spp.
Cecidomyid galls.. T201-d-4:Excise
all galls.
Leaf miner, T201-d-5: Hot
Eurytoma spp. water dip at 118
infesting [deg]F for \1/2\
Rhynchostylis. hour followed by
a cool water
bath.
Orchids to Florida.............. Rusts............. T508-1: An
inspector will
refuse entry of
all infested
plants and all
other plants of
the same species
or variety in the
shipment. Other
orchid species in
the shipment that
may have become
contaminated must
be treated with
Captan. Repackage
treated orchids
in clean shipping
containers.
Oryza (paddy rice).............. Aphelenchoides T559-2: Dip in hot
fragariae. water at 132.8
[deg]F for 15
minutes.
Pineapple slips................. Various........... MB T201-e-3-1 or
MB T201-e-3-2.
[[Page 199]]
Pines (Pinus spp.) from Canada Rhyacionia MB T201-j.
and destined to California, buoliana.
Idaho, Oregon, or Utah.
Precautionary treatment for
pine trees and twigs and
branches of all Pinus spp.,
except that Christmas trees and
other pine decorative materials
are exempt from treatment from
November 1-December 31.
Plant cuttings:
Scion wood.................. External feeders.. MB T201-m-1.
Greenwood cuttings of woody External feeders.. MB T201-m-2.
plants and herbaceous plant
cuttings.
Root cuttings............... External feeders.. MB T201-m- or MB
T201-m-4.
Exceptions to plant ..................
cuttings:
Avocado................. External feeders.. COM T201-p-1.
Chrysanthemum........... External feeders.. MB T201-g-1.
Dieffenbachia........... External feeders.. MB T201-i-1.
Dracaena................ External feeders.. MB T201-i-2.
Lavandula............... External feeders.. COM T201-p-1.
Orchids................. External feeders.. MB T201-k-2.
Philodendron............ External feeders.. MB T201-i-1.
Plant material not tolerant to Actionable pests.. COM T201-p-1.
fumigation.
Rhododendron.................... Chrysomyxa spp.... T501-6: Remove
infested parts
and treat all
plants of same
species in
shipment with 4-4-
50 Bordeaux dip
or spray; or T505-
2-1: Treat with
mancozeb or other
approved
fungicide of
equal
effectiveness
according to the
label
instructions.
Rosa (except multiflora)........ Meloidogyne spp... T560-1: Dip in hot
water at 123
[deg]F for 10
minutes.
Selaginella..................... External feeders.. MB T202-a-1 or MB
T202-a-2.
Internal feeders.. MB T202-a-3.
Senecio (Lingularis)............ Aphelenchoides T568-1: Treat with
fragariae. hot water at 110
[deg]F for 1
hour.
Scilla.......................... Ditylenchus T565-4: Hot water
dipsaci. at 110 [deg]F for
4 hours
immediately after
digging.
Solanum (potato tubers)......... Globodera T565-5: Hot water
rostochiensis, G. at 110 [deg]F for
pallida. 4 hours
immediately after
digging.
Various plant commodities....... Meloidogyne spp... T553-1: Hot water
at 118 [deg]F for
30 minutes.
Yams and sweet potatoes......... .................. MB T202-d.
------------------------------------------------------------------------
(o) Railroad cars (empty). The treatment schedules for which
administration instructions are not provided are in Sec. 305.6 for
methyl bromide (MB) fumigation.
------------------------------------------------------------------------
Pest Treatment schedule
------------------------------------------------------------------------
Globodera rostochiensis................ T406-c, steam cleaning: Steam
at high pressure until all
soil is removed. Treated
surfaces must be thoroughly
wet and heated.
Pectinophora gossypiella............... MB T401-a.
Trogoderma granarium................... MB T401-b.
Nematode cysts......................... T401-c, high pressure steam
cleaning; or formaldehyde
wetting spray (one part 40
percent commercial formalin to
9 parts water).
------------------------------------------------------------------------
(p) Rice straw and hulls. The treatment schedules for which
administration instructions are not provided are in Sec. 305.25 for dry
heat (DH), Sec. 305.6 for methyl bromide (MB) fumigation, and Sec.
305.23 for steam sterilization (SS).
------------------------------------------------------------------------
Plant material Pest Treatment schedule
------------------------------------------------------------------------
Articles made with rice straw... Fungal diseases of DH T303-d-1 or SS
rice or internal T303-b-1 or SS
feeders. T303-d-2.
[[Page 200]]
Articles made with rice straw Internal feeders.. MB T303-d-2-2 or
for indoor use only. MB T303-d-2-3.
Brooms made of rice straw....... Various rice- DH T518-1.
related diseases.
Closely packed rice straw and Various rice- SS T519-1.
hulls. related diseases.
Loose rice straw and hulls...... Various rice- SS T519-2.
related diseases.
Novelties made of rice straw.... Various rice- DH T518-2-1 or SS
related-diseases. T518-2-2.
Rice straw and hulls imported Fungal diseases of SS T303-b-1 or SS
for purposes other than rice. T303-b-2.
approved processing.
Rice straw and hulls imported in Fungal diseases of DH T303-c-1.
small lots of 25 pounds or less. rice.
------------------------------------------------------------------------
(q) Seeds. The treatment schedules for which numbers are specified
and administration instructions are not provided are in Sec. 305.10 for
combination (COM) treatments, Sec. 305.25 for dry heat (DH), Sec.
305.6 for methyl bromide (MB) fumigation, Sec. 305.7 for phosphine
(PH), and Sec. 305.24 for vapor heat (VH).
(1) Seeds other than noxious weed seeds.
------------------------------------------------------------------------
Type of seeds Pest Treatment schedule
------------------------------------------------------------------------
Alfalfa (Medicago sativa) from Verticillium albo- T520-1-1: Dust
Europe. atrum. with 75 percent
Thiram at the
rate of 166 grams
per 50 kilograms
of seed (3.3g/
kg); or T520-1-2:
Treat with a
slurry of Thiram
75 WP at a rate
of 166 grams per
360 milliliters
of water per 50
kilograms of seed
(3.3 g pesticide/
7.2 ml water/kg
seed).
Avocado (no pulp)............... Conotrachelus MB T203-m.
spp., Heilipus
lauri,
Caulophilus
latinasus,
Copturus
aguacatae,
Stenoma catenifer.
Casuarina....................... Bootanomyia spp... MB T203-o-l.
Chestnut and acorn.............. Internal feeders.. MB T203-e.
Citrus (Rutaceae family)........ Citrus canker..... COM T203-p; or for
seed from regions
where citrus
canker occurs,
COM T511-1.
Conifer (species with small External feeders.. MB T203-i-1.
seeds, such as Picea spp.,
Pinus sylvestris, and Pinus
mugo).
Conifer (species with small Internal feeders.. MB T203-i-2.
seeds, such as Picea spp.,
Pinus sylvestris, and Pinus
mugo and nutlike seeds or
tightly packed seeds so as to
make fumigant penetration
questionable).
Corn (small lots for propagation Various corn- T510-2: Treat
but not for food, feed, or oil related diseases. seeds with a dry
purposes). application of
Mancozeb in
combination with
Captan. Disinfect
small bags
containing corn
(bags weighing 60
pounds or less)
only with: (1)
Dry heat at 212
[deg]F for 1
hour; or (2)
steam at 10
pounds pressure
at a minimum of
240 [deg]F for 20
minutes. Note:
Bags with plastic
liners must be
opened prior to
treatment.
Cottonseed (bagged, packaged, or External feeders.. MB T203-f-1 or MB
bulk). T203-f-2 or MB
T203-f-3 or PH
T203-f-4.
Hevea brasiliensis.............. Seed boring MB T203-j.
insects.
Pods and seeds of kenaf, Internal feeders.. MB T203-g-1 or MB
hibiscus, and okra. T203-g-2 or PH
T203-g-3.
Leguminosae=Fabaceae............ Bruchophagus spp. MB T203-o-3.
and Eurytoma spp..
Caryedon spp...... MB T203-c or MB
T203-a-2.
Caryedon spp. (in MB T203-o-4-1 or
or with, etc.). MB T203-o-4-2.
Lonicera and other seeds........ Rhagoletis cerasi MB T203-o-5.
pupae (Diptera:
Tephritidae).
Macadamia nut................... Cryptophlebia MB T203-k.
illepida.
Rosmarinus...................... Juvenile Helicella MB T203-h.
spp. (snails) or
internal feeders.
Umbelliferae.................... Systole spp....... MB T203-o-2.
Vicia spp., excluding seeds of Bruchidae......... MB T203-d-1.
Vicia faba.
Vicia spp., including seeds of Bruchidae......... MB T203-d-2.
Vicia faba.
Seeds........................... Trogoderma MB T203-l.
granarium.
[[Page 201]]
Seeds (excluding seeds of Vicia Bruchidae MB T203-b.
spp.). excluding
Caryedon spp. at
NAP.
Seeds not specifically listed... External feeders.. MB T203-a-1.
Internal feeders.. MB T203-a-2.
Seeds with infested pulp........ Fruit flies and T203-n: Place seed
other pulp in wire basket.
infesting insects. Immerse in 118-
125 [deg]F water
for 25 minutes.
Remove pulp from
seed under
running tap
water.
------------------------------------------------------------------------
(2) Noxious weed seeds (devitalization treatment).
------------------------------------------------------------------------
Weed seeds Treatment schedule
------------------------------------------------------------------------
Asphodelus fistulosus, Digitaria spp., DH T412-a.
Oryza spp., Paspalum scrobiculatum,
Prosopis spp., Solanum viarum, Striga
spp., Urochloa panicoides.
Cuscuta spp............................ DH T412-b-1 or VH T412-b-2.
------------------------------------------------------------------------
(r) Ships, containers, and surrounding area. The treatment schedules
for which administration instructions are not provided are in Sec.
305.6 for methyl bromide (MB) fumigation.
------------------------------------------------------------------------
Product Pest Treatment schedule
------------------------------------------------------------------------
Asphalt surfaces and asphalt- Trogoderma T402-b-3-2:
base painted surfaces. granarium. Prepare 3 percent
spray by adding 1
pound of 25
percent malathion
wettable powder
to each gallon of
water. Spray at 2
gal/1000 ft \2\
or to the point
of runoff.
Piers and barges................ Globodera T406-c, steam
rostochiensis. cleaning: Steam
at high pressure
until all soil is
removed. Treated
surfaces must be
thoroughly wet
and heated.
Metal and wood surfaces such as Trogoderma T402-b-3-1:
decks, bulkheads, piers, and granarium. Prepare 3 percent
other areas not subject to spray by mixing
fumigations. \1/2\ pint
emulsifiable
concentrate (57
percent premium
grade malathion)
per gallon of
water. Spray at 2
gal/1000 ft \2\
or to the point
of runoff.
Ship holds and any nonplant Quarantine MB T402-a-1.
cargo material within holds. significant
snails of the
family
Achatinidea,
including the
following
genera:Achatina,
Archachatina,
Lignus,
Limicolaria.
Ship holds and any nonplant Quarantine MB T402-a-2.
cargo material within holds. significant
snails of the
family
Hygromiidae,
including the
following
genera:Canidula,
Cernuella,
Cochlicella,
Helicella,
Helicopsis,
Monacha,
Platytheba,
Pseudotrichia,
Trochoidea,
Xerolenta,
Xeropicta,
Xerosecta,
Xerotricha.
Ship holds and any nonplant Quarantine MB T402-a-3.
cargo material within holds. significant
snails of the
families
Helicidae and
Succineidae,
including the
following genera:
Caracollina,
Cepaea,
Cryptomphalus,
Helix, Omalonyx,
Otala, Succinea,
Theba.
Ship holds and storerooms with Trogoderma MB T402-b-1.
loosely packed material. granarium.
Ship holds and storerooms with Trogoderma MB T402-b-2.
tightly packed material. granarium.
------------------------------------------------------------------------
(s) Skins (goatskins, lambskins, and sheepskins). The treatment
schedules for which administration instructions are not provided are in
Sec. 305.6 for methyl bromide (MB) fumigation.
[[Page 202]]
------------------------------------------------------------------------
Pest Treatment schedule
------------------------------------------------------------------------
Trogoderma granarium................... MB T416-a-1 or MB T416-a-2 or
MB T416-a-3.
------------------------------------------------------------------------
(t) Soil. The treatment schedules for which numbers are specified
and administration instructions are not provided are in Sec. 305.6 for
methyl bromide (MB) fumigation, Sec. 305.23 for steam sterilization
(SS), and Sec. 305.25 for dry heat (DH).
------------------------------------------------------------------------
Product Pest Treatment
------------------------------------------------------------------------
Herbarium specimens of mosses Precautionary..... MB T408-e-1.
and liverworts in soil and
originating in golden nematode
free countries.
Herbarium specimens of mosses Globodera MB T408-e-2.
and liverworts in soil and rostochiensis.
originating in golden nematode
free countries.
Soil............................ Potato cyst MB T502-3.
nematode.
Soil............................ Various pests and DH T408-a.
pathogens found
in soil
(including
Striga).
Various pests and SS T408-b.
pathogens found
in soil.
Soil (friable and moist, but not Globodera MB T408-c-2.
wet and not more than 12 inches rostochiensis.
in depth).
Soil............................ Insects........... T408-d-1:
Screening through
16 mesh screens
will remove most
larvae and pupae,
except smaller
types; or T408-d-
2: Freezing--0
[deg]F for 5
days.
Soil (friable and moist, but not Globodera MB T408-c-1.
wet and not more than 12 inches rostochiensis.
in depth) in containers with
dimensions that do not exceed
24 inches.
Soil on equipment............... Various pests and T408-b-1 (steam
pathogens found cleaning): Steam
in soil. at high pressure
until all soil is
removed. Treated
surfaces must be
thoroughly wet
and heated.
Soil contaminated equipment Soil fungi, T408-f, steam
(precautionary treatment). nematodes, and cleaning: Steam
certain soil at high pressure
insects. until all soil is
removed. Treated
surfaces must be
thoroughly wet
and heated.
Soil contaminated non-food or Striga............ MB T408-g-1 or MB
non-feed commodities (soil must T408-g-2.
be friable and or moist, but
not wet, and must not exceed 12
inches in dimension).
------------------------------------------------------------------------
(u) Sugarcane.
------------------------------------------------------------------------
Product Pest Treatment schedule
------------------------------------------------------------------------
Saccharum (seed pieces)......... Xanthomonas T514-1: Presoak in
albilineans and water at room
X. vasculorum. temperature for
24 hours. Then
immerse in water
at 122 [deg]F for
3 hours.
Saccharum (true seed fuzz)...... .................. T514-2: Immerse in
0.525 percent
sodium
hypochlorite
solution for 30
minutes followed
by at least 8
hours air drying
before packaging
(Dilute 1 part
Clorox or similar
solution
containing 5.25
percent sodium
hypochlorite; if
using ultra
strength chlorine
bleach, use only
\3/4\ as much
bleach).
Saccharum (bagasse)............. .................. T514-3: Dry heat
treatment for 2
hours at 158
[deg]F.
Sugarcane (baled)............... Various sugarcane- T515-1: Introduce
related diseases. live steam into
25[sec] vacuum
until pressure
reaches 15 to 20
pounds. Hold
until center of
bale is 220-230
[deg]F and
maintain for 30
minutes.
Sugarcane (loose)............... .................. T515-2-1:
Introduce steam
into 25 vacuum (or if
with initial
vacuum, ``bleed''
air until steam
vapor fills
chamber).
[[Page 203]]
T515-2-3: Dry heat
at 212 [deg]F for
1 hour.
T515-2-4: Remove
the pulp in water
at 190-205
[deg]F, followed
by drying at 212
[deg]F for 1
hour.
T515-2-5: Flash
heated to 1,000
[deg]F (Arnold
dryer).
------------------------------------------------------------------------
(v) Wood articles including containers, oak logs and lumber,
Christmas trees. The treatment schedules for which administration
instructions are not provided are in Sec. 305.6 for methyl bromide (MB)
fumigation, Sec. 305.8 for sulfuryl fluoride (SF), and Sec. 305.28 for
kiln sterilization (KS).
------------------------------------------------------------------------
Material Pest Treatment schedule
------------------------------------------------------------------------
Cut conifer Christmas trees..... Lymantria dispar MB T313-a.
egg masses.
Cut pine Christmas trees and Tomicus piniperda. MB T313-b.
pine logs.
Wood surfaces (can be combined .................. SF T404-c-2.
with other surfaces such as
metal or concrete).
Wood surfaces (can be combined Borers (wood T404-b-5-1: (1)
with other surfaces such as wasps, The spray must be
metal or concrete). cerambycids, and applied by or
Dinoderus). under the
supervision of
pest control
operators or
other trained
personnel
responsible for
insect control
programs; (2)
prepare the spray
by thoroughly
mixing 79 ml (2\2/
3\ fluid ounces)
of Dursban 4E
with water for a
total of 1 gallon
of mixture
(equivalent to
2.1 gallons in
100 gallons of
water); and (3)
apply as a 1
percent
chlorpyrifos
spray with
suitable hand- or
power-operated
ground spray
equipment to the
point of runoff.
Oak logs........................ Oak wilt disease.. MB T312-a.
Oak lumber...................... Oak wilt disease.. MB T312-b.
Wood products including Borers (wood MB T404-b-1-1 or
containers. wasps, MB T404-b-1-2 or
cerambycids, and SF T404-b-2 or KS
Dinoderus). T404-b-4.
Globodera MB T404-a.
rostochiensis.
Termites.......... MB T404-c-1-1 or
MB T404-c-1-2.
Borers and MB T404-d.
Trogoderma
granarium.
------------------------------------------------------------------------
[70 FR 33269, June 7, 2005, as amended at 70 FR 36332, June 23, 2005; 70
FR 72886, Dec. 8, 2005; 71 FR 4459, Jan. 27, 2006; 71 FR 25494, May 1,
2006; 71 FR 55089, Sept. 21, 2006]
Sec. Sec. 305.3-305.4 [Reserved]
Subpart_Chemical Treatments
Sec. 305.5 Treatment requirements.
(a) Certified facility. The fumigation treatment facility must be
certified by APHIS. Facilities are required to be inspected and
recertified annually, or as often as APHIS directs, depending upon
treatments performed, commodities handled, and operations conducted at
the facility. In order to be certified, a fumigation facility must:
(1) Be capable of administering the required dosage range for the
required duration and at the appropriate temperature.
(2) Be adequate to contain the fumigant and be constructed from
material that is not reactive to the fumigant.
(3) For vacuum fumigation facilities, be constructed to withstand
required negative pressure.
(b) Monitoring. Treatment must be monitored by an official
authorized by APHIS to ensure proper administration of the treatment,
including that the correct amount of gas reaches the target organism and
that an adequate number and placement of blowers, fans, sampling tubes,
or monitoring lines are used in the treatment enclosure. An official
authorized by APHIS approves, adjusts, or rejects the treatment.
(c) Treatment procedures. (1) To kill the pest, all chemical
applications must be administered in accordance
[[Page 204]]
with an Environmental Protection Agency (EPA) approved pesticide label
and the APHIS-approved treatment schedule prescribed in this part. If
EPA cancels approval for the use of a pesticide on a commodity, then the
treatment schedule prescribed in this part is no longer authorized for
that commodity. If the commodity is not listed on the pesticide label
and/or a Federal quarantine or crisis exemption in accordance with FIFRA
section 18, then no chemical treatment is available.
(2) Temperature/concentration readings must be taken for items known
to be sorptive or whose sorptive properties are unknown when treatment
is administered in chambers at normal atmospheric pressure.
(3) The volume of the commodity stacked inside the treatment
enclosure must not exceed \2/3\ of the volume of the enclosure. Stacking
must be approved by an official authorized by APHIS before treatment
begins. All commodities undergoing treatment must be listed on the
label.
(4) Recording and measuring equipment must be adequate to accurately
monitor the gas concentration, to ensure the correct amount of gas
reaches the pests, and to detect any leaks in the enclosure. At least
three sampling tubes or monitoring lines must be used in the treatment
enclosure.
(5) An adequate number of blowers or fans must be used inside of the
treatment enclosure to uniformly distribute gas throughout the
enclosure. The circulation system must be able to recirculate the entire
volume of gas in the enclosure in 3 minutes or less.
(6) The exposure period begins after all gas has been introduced.
(7) For vacuum fumigation: The vacuum pump must be able to reduce
pressure in the treatment enclosure to 1-2 inches of mercury in 15
minutes or less.
Sec. 305.6 Methyl bromide fumigation treatment schedules.
(a) Standard schedules.
----------------------------------------------------------------------------------------------------------------
Dosage
rate (lb/
Treatment schedule Pressure Temperature ( [deg]F) 1000 Exposure period
cubic (hours)
feet)
----------------------------------------------------------------------------------------------------------------
MBOFF............................. NAP\1\.............. 70 or above.............. 2 3.5
T101-a-1.......................... NAP................. 80 or above.............. 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 4 2
T101-a-2.......................... 15 vacuum 90 or above.............. 2 2
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T101-a-3.......................... See T101-a-1........
T101-b-1.......................... See T101-a-1........
T101-b-1-1........................ NAP................. 80 or above.............. 2.5 2
70-79.................... 3 2
60-69.................... 4 2
T101-b-2.......................... NAP................. 70 or above.............. 2 2
60-69.................... 2.5 2
50-59.................... 3 2
45-49.................... 3.5 2
40-44.................... 4 2
T101-b-3-1........................ NAP................. 90 or above.............. 2.5 4
80-89.................... 3 4
70-79.................... 3.5 4
60-69.................... 4 4
T101-c-1.......................... NAP................. 70 or above.............. 2 4
T101-c-2.......................... 26 vacuum 70 or above.............. 3 3.5
60-69.................... 3 4
50-59.................... 3 4.5
40-49.................... 3 5
T101-c-3.......................... NAP................. 70 or above.............. 2 3.5
65-69.................... 2 4
T101-c-3-1........................ NAP................. 70 or above.............. 3 2
T101-d-1.......................... See T101-a-1........
T101-d-2.......................... NAP................. 70 or above.............. 3.5 11
[[Page 205]]
60-69.................... 3.5 12
50-59.................... 3.5 13
40-49.................... 3.5 14
T101-d-3.......................... NAP................. 70 or above.............. 2 3.5
T101-e-1.......................... NAP................. 70 or above.............. 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T101-e-2.......................... 15 vacuum 90 or above.............. 2 1.5
80-89.................... 2 2
70-79.................... 2.5 2
60-69.................... 3 2
50-59.................... 3 3
40-49.................... 3 4
T101-e-3.......................... See T101-a-1........
T101-f-2.......................... 15 vacuum 90 or above.............. 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
T101-f-3.......................... See T101-b-3-1......
T101-g-1.......................... See T101-a-2........
T101-g-1-1........................ NAP................. 90 or above.............. 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
50-59.................... 3 4
T101-g-2.......................... NAP................. 90 or above.............. 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
T101-h-1.......................... See T101-a-1........
T101-h-2.......................... See T101-a-1........
T101-h-2-1........................ NAP................. 70 or above.............. 2 3.5
65-69.................... 2 4
T101-h-3.......................... NAP................. 80 or above.............. 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
T101-i-1.......................... NAP................. 80 or above.............. 1.5 2
70-79.................... 2 2
T101-i-1-1........................ NAP................. 70 or above.............. 2 3.5
T101-i-2.......................... See T101-a-1.
T101-i-2-1........................ See T101-a-1.
T101-j-1.......................... See T101-b-2.
T101-j-2.......................... NAP................. 80 or above.............. 1.5 2
70-79.................... 1.5 2
65-69.................... 1.75 2
T101-j-2-1........................ NAP................. 70-85.................... 2.5 2
T101-k-1.......................... See T101-a-1.
T101-k-2.......................... 15 vacuum 90 or above.............. 0.5 1.5
80-89.................... 1 1.5
70-79.................... 1.5 1.5
60-69.................... 2 1.5
50-59.................... 2.5 1.5
40-49.................... 3 1.5
T101-k-2-1........................ NAP................. 80 or above.............. 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
T101-l-1.......................... See 101-g-1-1.
T101-l-2.......................... 15 vacuum 90 or above.............. 2 2
80-89.................... 2.5 2
70-79.................... 3 2
T101-m-1.......................... See T101-a-2........
T101-m-2.......................... See T101-a-1........
T101-m-2-1........................ NAP................. 70 or above.............. 2 3.5
65-69.................... 2 4
T101-n-1.......................... See T101-g-2........
T101-n-2.......................... See T101-b-2........
T101-n-2-1........................ See T101-k-2-1.
T101-n-2-1-1...................... NAP................. 70 or above.............. 2 16
60-69.................... 2 24
[[Page 206]]
50-59.................... 3 16
40-49.................... 3 24
T101-o-1.......................... See T101-a-1........
T101-o-2.......................... See T101-a-1........
T101-p-1.......................... See T101-a-1........
T101-p-2.......................... NAP................. 90 or above.............. 1 2
80-89.................... 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T101-q-2.......................... NAP................. 90 or above.............. 2 2
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T101-r-1.......................... See T101-a-1........
T101-r-2.......................... NAP................. 70 or above.............. 2 6
T101-s-1.......................... NAP................. 70 or above.............. 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 4 2
T101-s-2.......................... See T101-a-1........
T101-t-1.......................... NAP................. 90 or above.............. 4 3
80-89.................... 4 4
70-79.................... 5 4
60-69.................... 5 5
50-59.................... 6 5
40-49.................... 6 6
T101-t-2.......................... See T101-a-1........
T101-u-1.......................... 26 vacuum 80 or above.............. 3 2
70-79.................... 4 2
60-69.................... 4 3
50-59.................... 4 4
40-49.................... 4 5
T101-u-2.......................... NAP................. 80 or above.............. 2.5 2
70-79.................... 3 2
T101-v-1.......................... See T101-b-2........
T101-v-2.......................... NAP................. 70 or above.............. 2.75 2
T101-w-1.......................... 15 vacuum 80 or above.............. 2 2
70-79.................... 3 2
60-69.................... 4 2
50-59.................... 4 3
40-49.................... 4 4
T101-w-1-2........................ NAP................. 70 or above.............. 2 2
T101-w-2.......................... See T101-h-3.
T101-x-1.......................... See T101-h-3.
T101-x-1-1........................ NAP................. 70 or above.............. 2.5 2.5
T101-x-2.......................... See T101-a-1........
T101-y-1.......................... See T101-k-2-1.
T101-y-2.......................... See T101-a-1.
T101-z-1.......................... NAP................. 90 or above.............. 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
50-59.................... 3 4
40-49.................... 4 4
T101-z-2.......................... See T101-k-2-1.
T104-a-1.......................... See T101-a-1........
T104-a-2.......................... See T101-b-1-1......
T201-a-1/T201-a-2 (except NAP/26 90-96.................... 2 2
Brachyrhinus larvae). vacuum.
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-a-1/T201-a-2 (Brachyrhinus NAP/26 90-96.................... 2 2.5
larvae). vacuum.
80-89.................... 2.5 2.5
[[Page 207]]
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-b-1 (except Brachyrhinus NAP................. 90-96.................... 1.5 2
larvae).
80-89.................... 2 2
70-79.................... 2.5 2
60-69.................... 2.5 2.5
50-59.................... 2.5 3
40-49.................... 2.5 3.5
T201-b-1 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-c-1 \2\...................... NAP................. 80-90.................... 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T201-c-2 \3\...................... 15 vacuum 80-90.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-d-1 (except Brachyrhinus NAP................. 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-d-1 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-d-2.......................... NAP................. 90-96.................... 1 2
80-89.................... 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T201-d-3.......................... 15 vacuum 90-96.................... 3 1
80-89.................... 3 1.5
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-e-1/T201-e-2................. NAP/15 90-96.................... 2 1.5
vacuum.
80-89.................... 2 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
T201-e-3-1........................ NAP................. 90-96.................... 1.5 2
80-89.................... 2 2
70-79.................... 2.5 2
60-69.................... 3 2
T201-e-3-2........................ 26 vacuum 90-96.................... 1.5 1.5
80-89.................... 2 1.5
70-79.................... 2.5 1.5
60-69.................... 3 1.5
T201-f-1/T201-f-2 (except NAP/15 90-96.................... 2 2
Brachyrhinus larvae). vacuum.
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
[[Page 208]]
40-49.................... 3 3.5
T201-f-1/T201-f-2 (Brachyrhinus NAP/15 90-96.................... 2 2.5
larvae). vacuum.
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-g-1.......................... NAP................. 70 or above.............. 0.75 2
T201-h-1/T201-h-2................. 15 vacuum/ 90-96.................... 2 2
26
vacuum.
80-89.................... 2.5 2
60-79.................... 3 2
40-59.................... 3 2.5
T201-i-1/T201-i-2................. NAP/26 90-96.................... 2 1.5
vacuum.
80-89.................... 2 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
T201-j............................ NAP................. 75....................... 4 2
74....................... 4 2 hrs 1 min
73....................... 4 2 hrs 2 min
72....................... 4 2 hrs 4 min
71....................... 4 2 hrs 7 min
70....................... 4 2 hrs 9 min
69....................... 4 2 hrs 11min
68....................... 4 2 hrs 14min
67....................... 4 2 hrs 16 min
66....................... 4 2 hrs 19 min
65....................... 4 2 hrs 22 min
64....................... 4 2 hrs 25 min
63....................... 4 2 hrs 28 min
62....................... 4 2 hrs 31 min
61....................... 4 2 hrs 35 min
60....................... 4 2 hrs 38 min
59....................... 4 2 hrs 41 min
58....................... 4 2 hrs 43 min
57....................... 4 2 hrs 46 min
56....................... 4 2 hrs 49 min
55....................... 4 2 hrs 52 min
54....................... 4 2 hrs 55 min
53....................... 4 2 hrs 58 min
52....................... 4 3 hrs 1 min
51....................... 4 3 hrs 5 min
50....................... 4 3 hrs 8 min
49....................... 4 3 hrs 12 min
48....................... 4 3 hrs 15 min
47....................... 4 3 hrs 19 min
46....................... 4 3 hrs 24 min
45....................... 4 3 hrs 28 min
T201-k-1 (except Brachyrhinus NAP................. 85-96.................... 1 4
larvae).
80-84.................... 2 2.5
70-79.................... 2 3.5
T201-k-1 (Brachyrhinus larvae).... NAP................. 85-96.................... 1.5 4
80-84.................... 2.5 2.5
70-79.................... 2 3.5
T201-k-2 (except Brachyrhinus NAP................. 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-k-2 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-l............................ NAP................. 90-96.................... 1 2
80-89.................... 1.25 2
[[Page 209]]
70-79.................... 1.5 2
60-69.................... 1.75 2
T201-m-1 (except Brachyrhinus NAP................. 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-m-1 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-m-2.......................... NAP................. 80-90.................... 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T201-m-3 (except Brachyrhinus NAP................. 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T201-m-3 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-m-4.......................... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T201-n............................ NAP................. 85 or above.............. 1 2
80-85.................... 1.25 2
70-79.................... 1.5 2
65-69.................... 1.75 2
T202-a-1 (except Brachyrhinus NAP................. 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-a-1 (Brachyrhinus larvae).... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T202-a-2.......................... NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T202-a-3 (except Brachyrhinus 26 vacuum 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-a-3 (Brachyrhinus larvae).... 26 vacuum 90-96.................... 2 2.5
80-89.................... 2.5 2.5
[[Page 210]]
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T202-b............................ 26 vacuum 70-96.................... 4 2
60-69.................... 4 2.5
50-59.................... 4 3
40-49.................... 4 4
T202-d............................ NAP................. 90-96.................... 2.5 4
80-89.................... 3 4
70-79.................... 3.5 4
60-69.................... 4 4
T202-e-1.......................... NAP................. 90-96.................... 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
50-59.................... 3 4
40-49.................... 3 4.5
T202-e-2.......................... 26 vacuum 90-96.................... 2 2
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-f (except Brachyrhinus 15 vacuum 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-f (Brachyrhinus larvae)...... 15 vacuum 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T202-g............................ NAP................. 90-96.................... 2 3
80-89.................... 2.5 3
70-79.................... 3 3
60-69.................... 3 3.5
50-59.................... 3 4
40-49.................... 3 4.5
T202-h (except Brachyrhinus 26 vacuum 90-96.................... 2 2
larvae).
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-h (Brachyrhinus larvae)...... 26 vacuum 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T202-i-1.......................... NAP................. 90-96.................... 3 2
80-89.................... 3.5 2
70-79.................... 4 2
60-69.................... 4 2.5
50-59.................... 4 3
40-49.................... 4 3.5
T202-i-2.......................... NAP................. 90-96.................... 2 2
80-89.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T202-j............................ 15 vacuum 90-96.................... 2 1.5
80-89.................... 2 2
[[Page 211]]
70-79.................... 2.5 2
60-69.................... 3 2
50-59.................... 3 3
40-49.................... 3 4
T203-a-1.......................... NAP................. 80-96.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-a-2.......................... 26 vacuum 80-96.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-b (except Caryedon spp.)..... 26 vacuum 70-96.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-b (Caryedon spp.)............ 26 vacuum 40-96.................... 5 2
T203-c............................ NAP................. 50 or above.............. 2 24
T203-d-1.......................... NAP................. 70 or above.............. 3.5 11
60-69.................... 3.5 12
50-59.................... 3.5 13
40-49.................... 3.5 14
T203-d-2 (except Vicia faba)...... 26 vacuum 70-96.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-d-2 (Vicia faba)............. 26'' vacuum......... 70-96.................... 3 3.5
60-69.................... 3 4
50-59.................... 3 4.5
40-49.................... 3 5
T203-e............................ 26 vacuum 80-96.................... 3 2
70-79.................... 4 2
60-69.................... 4 3
50-59.................... 4 4
40-49.................... 4 5
T203-f-1.......................... NAP................. 60 or above.............. 6 12
60 or above.............. 3 24
40-59.................... 7 12
40-59.................... 4 24
T203-f-2.......................... NAP................. 60 or above.............. 7 12
60 or above.............. 5 24
40-59.................... 8 12
40-59.................... 6 24
T203-f-3.......................... NAP................. 40 or above.............. 4 2
T203-g-1.......................... NAP................. 60-96.................... 2 12
60-96.................... 1 24
40-59.................... 3 12
40-59.................... 2 24
T203-g-2.......................... 26 vacuum 40 or above.............. 4 2
40 or above..............
T203-h............................ 26 vacuum 70 or above.............. 4 4
T203-i-1.......................... NAP................. 80-96.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-i-2.......................... 26 vacuum 80-96.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T203-j............................ NAP................. 80-96.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
T203-k............................ NAP................. 70 or above.............. 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T203-l............................ NAP................. 90 or above.............. 2.5 12
[[Page 212]]
80-89.................... 3.5 12
T203-m 26 vacuum....... 90-96............... 2........................ 2
80-89.................... 3 2
70-79.................... 4 2
60-69.................... 4 3
50-59.................... 4 4
40-49.................... 4 5
T203-o-1.......................... 26 vacuum 70 or above.............. 3.5 6
T203-o-2.......................... 26 vacuum 80-86.................... 2.5 3.5
70-79.................... 3 3.5
60-69.................... 3 4
50-59.................... 3 4.5
40-49.................... 3 5
T203-o-3.......................... 26 vacuum 70 or above.............. 4 4
T203-o-4-1........................ 26 vacuum 50 or above.............. 2 24
T203-o-4-2........................ 26 vacuum 70 or above.............. 3.5 3
T203-o-5.......................... NAP................. 70 or above.............. 4 8
T301-a-1-1 (bulk shipments)....... NAP................. 60 or above.............. 6 12
60 or above.............. 4 24
40-59.................... 7 12
40-59.................... 5 24
T301-a-1-1 (other than bulk NAP................. 60 or above.............. 6 12
shipments).
60 or above.............. 3 24
40-59.................... 7 12
40-59.................... 4 24
T301-a-1-2........................ 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T301-a-2.......................... NAP................. 40 or above.............. 7 12
40 or above.............. 5 24
T301-a-3.......................... NAP................. 40 or above.............. 7 12
40 or above.............. 4 24
T301-a-4.......................... NAP................. 40 or above.............. 7 12
40 or above.............. 5 24
T301-a-5-1........................ NAP................. 40 or above.............. 3 24
T301-a-5-2........................ 26 vacuum 40 or above.............. 4 2
T301-b-1-1........................ NAP................. 60 or above.............. 8 24
40-59.................... 11 24
T301-b-1-2........................ 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T301-b-2.......................... NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
T301-b-3.......................... NAP................. 90 or above.............. 4 24
80-89.................... 6 24
70-79.................... 8 24
T301-c............................ NAP................. 40 or above.............. 8 16
40 or above.............. 10.5 12
T301-d-1-1........................ NAP................. 90 or above.............. 2.5 2
80-89.................... 3 2
70-79.................... 4 2
60-69.................... 4 3
55-59.................... 5 3
50-54.................... 5.5 4
40-49.................... 6 8
T302-a-1-1........................ NAP................. 70 or above.............. 2 6
T302-b-1-2........................ See T301-a-1-1 or
T301-a-1-2.
T302-c-1.......................... NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T302-c-2.......................... 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T302-c-3.......................... 26 vacuum 90-96.................... 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 10 12
40-49.................... 12 12
T302-e-1.......................... NAP................. 80-96.................... 2.5 2.5
[[Page 213]]
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T302-e-2.......................... 26 vacuum 80-96.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T302-g-1.......................... NAP................. 90-95.................... 4 3
80-89.................... 4 4
70-79.................... 5 4
60-69.................... 5 5
50-59.................... 6 5
40-49.................... 6 6
T302-g-2.......................... 26 vacuum 80-96.................... 3 2
70-79.................... 4 2
60-69.................... 4 3
50-59.................... 4 4
40-49.................... 4 5
T303-d-2-2........................ 26 vacuum 60 or above.............. 2.5 2.5
50-59.................... 3.5 2.5
40-49.................... 5 2.5
T303-d-2-3........................ NAP................. 60 or above.............. 2.5 24
50-59.................... 3 24
40-49.................... 4 24
T304-a............................ NAP................. 60 or above.............. 2.5 32
50-59.................... 3.5 32
40-49.................... 4.5 32
T304-b............................ 26 vacuum 60 or above.............. 2.5 2.5
50-59.................... 3.5 2.5
40-49.................... 5 2.5
T305-a............................ NAP................. 80-89.................... 1.5 2
70-79.................... 2 2
60-69.................... 2.5 2
50-59.................... 3 2
40-49.................... 3.5 2
T305-b............................ 15 vacuum 80-90.................... 2.5 2
70-79.................... 3 2
60-69.................... 3 2.5
50-59.................... 3 3
40-49.................... 3 3.5
T305-c............................ NAP................. 80 or above.............. 2.5 2
70-79.................... 3 2
60-69.................... 4 2
T306-a............................ 26 vacuum 40 or above.............. 8 16
40 or above.............. 10.5 12
40 or above.............. 16 8
T306-b (bulk shipments)........... NAP................. 60 or above.............. 6 12
60 or above.............. 4 24
40-59.................... 7 12
40-59.................... 5 24
T306-b (other than bulk shipments) NAP................. 60 or above.............. 6 12
60 or above.............. 3 24
40-59.................... 7 12
40-59.................... 4 24
T306-c-1.......................... NAP................. 90 or above.............. 4 24
80-89.................... 8 24
70-79.................... 8 24
60-69.................... 12 24
50-59.................... 12 28
40-49.................... 12 32
T306-c-2.......................... 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T306-d-1.......................... NAP................. 90 or above.............. 4 24
80-89.................... 6 24
70-79.................... 8 24
60-69.................... 12 24
50-59.................... 12 28
40-49.................... 12 32
[[Page 214]]
T306-d-2.......................... 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T309-a (except sawflies).......... 26 vacuum 60 or above.............. 2.5 2.5
50-59.................... 3.5 2.5
40-49.................... 5 2.5
T309-a (sawflies)................. 26 vacuum 60 or above.............. 2.5 5
50-59.................... 3.5 5
40-49.................... 5 5
T309-b-1.......................... NAP................. 60 or above.............. 2.5 16
50-59.................... 3.5 16
40-49.................... 4.5 16
T309-b-2.......................... NAP................. 60 or above.............. 3 24
50-59.................... 5 24
40-49.................... 7 24
T310-a............................ NAP................. 90 or above.............. 4 3
80-89.................... 5 3
70-79.................... 6 4
60-69.................... 7 5
50-59.................... 8 7
40-49.................... 8 16
T310-b............................ 26 vacuum 80 or above.............. 3 2.5
70-79.................... 3 3.5
60-69.................... 4 4
50-59.................... 5.5 5
T312-a............................ NAP................. 40 or above.............. 15 72
T312-b............................ NAP................. 40 or above.............. 15 48
T313-a............................ NAP................. 75 or above.............. 1.5 2.5
7-74..................... 2 2.5
60-69.................... 2.5 3
60-69.................... 3 2.5
50-59.................... 3 4
50-59.................... 4 2.5
40-49.................... 3.5 4.5
40-49.................... 5 2.5
T313-b............................ NAP................. 60 or above.............. 3 4
60 or above.............. 4 3
50-59.................... 3.5 4
50-59.................... 4 3.5
40-49.................... 4 4
T401-a............................ NAP................. 40 or above.............. 4 12
40 or above.............. 8 3
T401-b............................ NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T402-a-1.......................... NAP................. 55 or above.............. 8 24
T402-a-2.......................... NAP................. 55 or above.............. 8 72
T402-a-3.......................... NAP................. 80 or above.............. 6 10
55-79.................... 6 16
40-54.................... 8 24
T402-b-1.......................... NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T402-b-2.......................... NAP................. 90-96.................... 4 24
80-89.................... 6 24
70-79.................... 8 24
T403-a-2-1........................ NAP................. 55 or above.............. 8 72
T403-a-2-2........................ 26 vacuum 70 or above.............. 8 16
T403-a-3.......................... NAP................. 90-96.................... 1 2
80-89.................... 1.25 2
70-79.................... 1.5 2
60-69.................... 1.75 2
T403-a-4-1........................ NAP................. 80 or above.............. 6 10
55-79.................... 6 16
40-54.................... 8 24
T403-a-4-2........................ 26 vacuum 7 or above............... 6 6
[[Page 215]]
T403-a-5-1........................ NAP................. 80 or above.............. 6 10
40-79.................... 6 16
T403-a-5-2........................ 26 vacuum 40 or above.............. 6 6
T403-b............................ Use T401-b or 402-b-
2.
T403-c............................ 26 vacuum 40 or above.............. 8 16
40 or above.............. 10.5 12
40 or above.............. 16 8
T403-e-1-1........................ NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T403-e-1-2........................ NAP................. 90-96.................... 4 24
80-89.................... 6 24
70-79.................... 8 24
60-69.................... 12 24
50-59.................... 12 28
40-49.................... 12 32
T403-e-2.......................... NAP................. 40 or above.............. 10 48
T403-f............................ NAP................. 70 or above.............. 3 3
60-69.................... 3.5 3
50-59.................... 4 3
45-49.................... 4.5 3
40-44.................... 5 3
T404-a............................ 26 vacuum 40 or above.............. 8 16
40 or above.............. 10.5 12
40 or above.............. 16 8
T404-b-1-1........................ NAP................. 70 or above.............. 3 16
40-69.................... 5 16
T404-b-1-2........................ 26 vacuum 70 or above.............. 4 4
40-69.................... 4 5
T404-c-1-1........................ NAP................. 40 or above.............. 3 24
T404-c-1-2........................ 26 vacuum 70 or above.............. 4 3
40-69.................... 4 4
T404-d............................ NAP................. 80 or above.............. 3.5 24
70-79.................... 4.5 24
60-69.................... 6 24
50-59.................... 7.5 24
40-49.................... 9 24
T406-b............................ NAP................. 60 or above.............. 15 24
T407.............................. NAP................. 40 or above.............. 4 12
40 or above.............. 8 3
T408-c-1.......................... See T403-c for loose
and friable
material only.
T408-c-2.......................... NAP................. 60 or above.............. 15 24
T408-e-1.......................... 26 vacuum 70 or above.............. 2 3.5
T408-e-2.......................... 26 vacuum 40 or above.............. 8 16
40 or above.............. 10.5 12
40 or above.............. 16 8
T408-g-1.......................... Chamber............. 60 or above.............. 10 24
60 or above.............. 20 15.5
T408-g-2.......................... Tarpaulin........... 60 or above.............. 15 24
T411.............................. NAP................. 90-96.................... 2 2.5
80-89.................... 2.5 2.5
70-79.................... 3 2.5
60-69.................... 3 3
50-59.................... 3 3.5
40-49.................... 3 4
T413-a............................ NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T413-b............................ 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T414.............................. NAP................. 50 or above.............. 3.5 4
50 or above.............. 2.5 8
50 or above.............. 2 16
40-49.................... 4.5 4
[[Page 216]]
40-59.................... 3.25 8
40-49.................... 2.25 16
T416-a-1.......................... NAP................. 90 or above.............. 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 7.5 12
40-49.................... 9 12
T416-a-2.......................... 26 vacuum 60 or above.............. 8 3
40-59.................... 9 3
T416-a-3.......................... 26 vacuum 90-96.................... 2.5 12
80-89.................... 3.5 12
70-79.................... 4.5 12
60-69.................... 6 12
50-59.................... 10 12
40-49.................... 12 12
T502-1, T502-2, T502-3............ 26 vacuum 40 or above.............. 8 16
T506-1, T506-2-1.................. 26 vacuum 40 or above.............. 8 16
40 or above.............. 10.5 12
40 or above.............. 16 8
----------------------------------------------------------------------------------------------------------------
\1\ Normal atmospheric pressure.
\2\ See T201-p-3 (Sec. 305.35(c)) for material not tolerant to fumigation.
\3\ See footnote 2.
(b) MBSFF, fumigation with methyl bromide for sapote fruit fly.
Regulated citrus fruits originating inside an area quarantined for
sapote fruit fly that are to be moved outside the quarantined area may
be treated with methyl bromide fumigation in APHIS-approved chambers.
Exposure period for this treatment is 2 hours. To enhance equal
concentrations of methyl bromide throughout the chamber, a fan should be
placed near the point of gas introduction, and allowed to run for at
least 15 minutes. Fruit pulp temperature must be between 21.1 [deg]C and
29.4 [deg]C (70 [deg]F and 85 [deg]F). This temperature requirement
refers to fruit pulp only and not to air temperature within the chamber.
Fruit taken from a cooling room may have to be prewarmed before
fumigation is attempted. To determine fruit pulp temperature, stab
several fruit to the center with a suitable thermometer that reads at
least in whole degrees (F or C). The lowest temperature should be used,
not the average. The methyl bromide dosage is set at a rate of 2.5
pounds of 100 percent pure, type ``Q'' (for quarantine use only) methyl
bromide per 1,000 cubic feet of chamber space. Dosage is based upon
chamber volume, not the volume of the fruit being treated. Fruit should
be in cartons approved for fumigation. Cartons must be placed on
pallets. There should be an air space of at least 1 foot between
adjacent pallet loads; at least 1 foot between chamber walls and the
nearest carton of fruit; and at least 2 feet between the height of the
stack and the ceiling of the chamber. The compressed liquid methyl
bromide inside the cylinder must be put through a volatilizer prior to
injection into the chamber. Water temperature in the volatilizer must
never fall below 65.6 [deg]C (150 [deg]F) at any time during gas
injection. However, if, prior to treatment, representative sampling
reveals a level of infestation greater than 0.5 percent for the lot,
then the fruit is ineligible for treatment.
Sec. 305.7 Phosphine treatment schedules.
----------------------------------------------------------------------------------------------------------------
Exposure
Treatment schedule Pressure Temperature ( Dosage rate period
[deg]F) (hours)
----------------------------------------------------------------------------------------------------------------
T203-f-4.......................... NAP\1\............... 50 or above......... 2.1 grams/cubic 120
meter.
T203-g-3.......................... NAP.................. 50 or above......... 2.1 grams/cubic 120
meter.
T301-a-6.......................... NAP.................. 50 or above......... 60 grams/1000 ft\3\. 120
T301-d-1-2........................ NAP.................. 50 or above......... 36 grams/1000 ft\3\. 72
[[Page 217]]
T311.............................. NAP.................. 50 or above......... 60 grams/1000 ft\3\. 168
----------------------------------------------------------------------------------------------------------------
\1\ Normal atmospheric pressure.
Sec. 305.8 Sulfuryl fluoride treatment schedules.
----------------------------------------------------------------------------------------------------------------
Dosage
rate (lb/ Exposure
Treatment schedule Pressure Temperature ( [deg]F) 1000 period
cubic (hours)
feet)
----------------------------------------------------------------------------------------------------------------
T310-d................................ NAP \1\................. 70 or above............. 2 24
50-69................... 2.5 24
40-49................... 3 24
DT404-b-2............................. NAP..................... 70 or above............. 4 16
60-69................... 4 24
50-59................... 5 24
40-49................... 6.5 24
5 32
T404-c-2.............................. NAP..................... 70 or above............. 1 16
60-69................... 1.5 24
50-59................... 2.5 24
----------------------------------------------------------------------------------------------------------------
\1\ Normal atmospheric pressure.
Sec. 305.9 Aerosol spray for aircraft treatment schedules.
(a) Military aircraft. Aerosol disinfection of U.S. military
aircraft must conform to requirements in the latest edition of
``Quarantine Regulations of the Armed Forces'' (Army Reg. 40-12;
SECNAVINST 6210.2A; AFR 161-4).
(b) Aerosol schedules.
------------------------------------------------------------------------
Treatment schedule Aerosol Rate
------------------------------------------------------------------------
T409-b......................... d-phenothrin (10%) 8g/1,000 ft\3\.
T409-c-1....................... Resmethrin (2%)... 10g/1,000 ft\3\.
T409-c-3....................... Resmethrin (1.2%). 16.66/1,000 ft\3\.
------------------------------------------------------------------------
Sec. 305.10 Treatment schedules for combination treatments.
(a) Fumigation followed by cold treatment. (1) Treatment
requirements for chemical treatments in Sec. 305.5 and for cold
treatment in Sec. 305.15 must be followed.
(2) Normal atmospheric pressure must be used for the methyl bromide
portion of the treatment.
(3) In the following table, CT represents cold treatment, and MB
represents methyl bromide fumigation:
----------------------------------------------------------------------------------------------------------------
Dosage
Temperature ( rate (lb/
Treatment schedule Type of treatment [deg]F) 1000 ft Exposure period
\3\)
----------------------------------------------------------------------------------------------------------------
T108-a-1 \1\...................... MB.................. 70 or above......... 2 2 hours.
CT.................. 33-37............... ......... 4 days.
38-47............... ......... 11 days.
T108-a-2 \2\...................... MB.................. 70 or above......... 2 2.5 hours.
CT.................. 34-40............... ......... 4 days.
41-47............... ......... 6 days.
48-56............... ......... 10 days.
T108-a-3 \3\...................... MB.................. 70 or above......... 2 3 hours.
CT.................. 43-47............... ......... 3 days.
48-56............... ......... 6 days.
T108-b............................ MB.................. 50 or above......... 1.5 2 hours.
40-49............... 2 2 hours.
CT.................. 33 or below......... ......... 21 days.
48-56............... ......... 6 days.
MB&CTMedfly....................... MB.................. 70 or above......... 2 2 hours.
CT.................. 33-37............... ......... 4 days.
38-47............... ......... 11 days.
MB.................. 70 or above......... 2 2.5 hours.
[[Page 218]]
CT.................. 34-40............... ......... 4 days.
41-47............... ......... 6 days.
48-56............... ......... 10 days.
MB.................. 70 or above......... 2 3 hours.
CT.................. 43-47............... ......... 3 days.
48-56............... ......... 6 days.
MB&CTOFF \4\...................... MB.................. 70 or above......... 2 2 hours.
CT.................. 33-37............... ......... 4 days.
38-47............... ......... 11 days.
MB.................. 70 or above......... 2 2.5 hours.
CT.................. 34-40............... ......... 4 days.
41-47............... ......... 6 days.
48-56............... ......... 10 days.
MB.................. 70 or above......... 2 3 hours.
CT.................. 43-47............... ......... 3 days.
48-56............... ......... 6 days.
----------------------------------------------------------------------------------------------------------------
\1\ For Hawaiian-grown avocados only, a single transient heat spike of no greater than 39.6 [deg]F (4.2 [deg]C)
and no longer than 2 hours, during or after 6 days of cold treatment, does not affect the efficacy of the
treatment.
\2\ See footnote 1.
\3\ See footnote 1.
\4\ Following fumigation, the fruit must be aerated 2 hours before refrigeration (but refrigeration must begin
no more than 24 hours after fumigation is completed).
(b) Cold treatment followed by fumigation. (1) Treatment
requirements for chemical treatments in Sec. 305.5 and for cold
treatment in Sec. 305.15 must be followed.
(2) Use normal atmospheric pressure for the methyl bromide portion
of the treatment.
(3) In the following table, CT represents cold treatment, and MB
represents methyl bromide fumigation:
----------------------------------------------------------------------------------------------------------------
Temperature ( Dosage rate (lb/
Treatment schedule Type of treatment [deg]F) 1000 ft \3\) Exposure period
----------------------------------------------------------------------------------------------------------------
T109-a-1....................... CT................ 34 or below....... .................. 40 days.
MB................ 50 or above....... 3................. 2 hours.
T109-a-2....................... CT................ 34 or below....... .................. 40 days.
MB................ 59 or above....... 2 pounds 6 ounces. 2 hours.
T109-d-1....................... CT................ 33 or below....... .................. 21 days.
MB................ 70 or above....... 2................. 2 hours.
60-69............. 2.5.
40-59............. 3.
CT&MBOFF....................... CT................ 33................ .................. 21 days.
MB................ 40-59............. 3................. 2 hours.
60-69............. 2.5............... 2 hours.
70-79............. 2................. 2 hours.
----------------------------------------------------------------------------------------------------------------
(c) T203-p and T511-1, hot water and chemical dip for citrus
(Rutacae) seeds for citrus canker. (1) If any mucilaginous material,
such as pulp, is adhering to the seed, the seed must be washed to remove
it.
(2) The seed must be immersed in water heated to 125 [deg]F or above
for 10 minutes.
(3) Then the seed must be immersed for at least 2 minutes in a
solution containing 200 parts per million sodium hypochlorite at a pH of
6.0 to 7.5.
(4) Seed from regions where citrus canker occurs must be drained,
dried, and repacked near original moisture content.
(d) T201-g-2 and T201-p-2, hand removal plus malathion-carbaryl
chemical dip. (1) Pests must be removed by hand from infested parts.
(2) The solutions must be prepared by adding 3 level tablespoons of
25 percent malathion wettable powder and 3 level tablespoons of 50
percent carbaryl wettable powder to each gallon of water. The addition
of a sticker-spreader formulation may be required for hard to wet
plants. Fresh chemicals must be used and the dip must be prepared for
[[Page 219]]
same day use. (For T201-p-2, when the actionable pests are scale insects
or their immature crawlers and the label permits, the solution is
prepared as indicated, except the 25 percent malathion wettable powder
is increased to 4 level tablespoons.)
(3) The entire plant, including the roots, must be submerged in the
chemical dip for 30 seconds.
Sec. 305.11 Miscellaneous chemical treatments.
(a) CC1 for citrus canker. The fruit must be thoroughly wetted for
at least 2 minutes with a solution containing 200 parts per million
sodium hypochlorite.
(b) CC2 for citrus canker. The 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.
Sec. Sec. 305.12-305.14 [Reserved]
Subpart_Cold Treatments
Sec. 305.15 Treatment requirements.
(a) Approved facilities and carriers. Cold treatment facilities or
carriers must be approved by APHIS. Reapproval is required annually, or
as often as APHIS directs, depending on treatments performed,
commodities handled, and operations conducted at the facility. In order
to be approved, facilities and carriers must:
(1) Be capable of keeping treated and untreated fruits, vegetables,
or other articles separate so as to prevent reinfestation of articles
and spread of pests;
(2) Have equipment that is adequate to effectively perform cold
treatment.
(b) Cold treatment enclosures. All enclosures in which cold
treatment is performed, including refrigerated containers, must:
(1) Be capable of precooling, cooling, and holding fruit at
temperatures less than or equal to 2.2 [deg]C (36 [deg]F).
(2) Maintain pulp temperatures according to treatment schedules with
no more than a 0.3 [deg]C (0.54 [deg]F) variation in temperature.
(3) Be structurally sound and adequate to maintain required
temperatures.
(c) Monitoring. Treatment must be monitored by an official
authorized by APHIS to ensure proper administration of the treatment. An
official authorized by APHIS must approve the recording devices and
sensors used to monitor temperatures and conduct an operational check of
the equipment before each use and ensure sensors are calibrated. An
official authorized by APHIS approves, adjusts, or rejects the
treatment.
(d) Compliance agreements. Facilities located in the United States
must operate under a compliance agreement with APHIS. The compliance
agreement must be signed by a representative of the cold treatment
facility and APHIS. The compliance agreement must contain requirements
for equipment, temperature, circulation, and other operational
requirements for performing cold treatment to ensure that treatments are
administered properly. Compliance agreements must allow officials of
APHIS to inspect the facility to monitor compliance with the
regulations.
(e) Work plans. Facilities located outside the United States must
operate in accordance with a work plan. The work plan must be signed by
a representative of the cold treatment facility, the national plant
protection organization of the country of origin (NPPO), and APHIS. The
work plan must contain requirements for equipment, temperature,
circulation, and other operational requirements for performing cold
treatment to ensure that cold treatments are administered properly. Work
plans for facilities outside the United States may include trust fund
agreement information regarding payment of the salaries and expenses of
APHIS employees on site. Work plans must allow officials of the NPPO and
APHIS to inspect the facility to monitor compliance with APHIS
regulations.
(f) Treatment procedures. (1) All material, labor, and equipment for
cold treatment performed on vessels must be provided by the vessel or
vessel agent. An official authorized by APHIS
[[Page 220]]
monitors, manages, and advises in order to ensure that the treatment
procedures are followed.
(2) Fruit that may be cold treated must be safeguarded to prevent
cross-contamination or mixing with other infested fruit. Before loading
in cold treatment containers, packages of fruit must be precooled to a
treatment temperature or to a uniform temperature not to exceed 4.5
[deg]C (40 [deg]F) or precooled at the terminal to 2.2 [deg]F (36
[deg]F).
(3) Breaks, damage, etc., in the treatment enclosure that preclude
maintaining correct temperatures must be repaired before use. An
official authorized by APHIS must approve loading of compartment, number
and placement of sensors, and initial fruit temperature readings before
beginning the treatment.
(4) At least three temperature sensors must be used in the treatment
compartment during treatment.
(5) The time required to complete the treatment begins when the
temperature reaches the required temperature.
(6) Only the same type of fruit in the same type of package may be
treated together in a container; no mixture of fruits in containers will
be treated.
(7) Fruit must be stacked to allow cold air to be distributed
throughout the enclosure, with no pockets of warmer air, and to allow
random sampling of pulp temperature in any location in load.
Temperatures must be recorded at intervals no longer than 1 hour apart.
Gaps of longer than 1 hour may invalidate the treatment or indicate
treatment failure.
(8) Cold treatment is not completed until so designated by an
official authorized by APHIS or the certifying official of the foreign
country; shipments of treated commodities may not be discharged until
full APHIS clearance has been completed, including review and approval
of treatment record charts.
(9) Pretreatment conditioning (heat shock or 100.4 [deg]F for 10 to
12 hours) of fruits is optional and is the responsibility of the
shipper.
(10) Cold treatment of fruits in break-bulk vessels or containers
must be initiated by an official authorized by APHIS if there is not a
treatment technician who has been trained to initiate cold treatments
for either break-bulk vessels or containers.
Sec. 305.16 Cold treatment schedules.
------------------------------------------------------------------------
Temperature (
Treatment schedule [deg]F) Exposure period
------------------------------------------------------------------------
T107-a\1\...................... 34 or below....... 14 days.
35 or below....... 16 days.
36 or below....... 18 days.
T107-a-1....................... 34 or below....... 15 days.
35 or below....... 17 days.
T107-b......................... 33 or below....... 18 days.
34 or below....... 20 days.
35 or below....... 22 days.
T107-c......................... 32 or below....... 11 days.
33 or below....... 13 days.
34 or below....... 15 days.
35 or below....... 17 days.
T107-d......................... 32 or below....... 13 days.
33 or below....... 14 days.
34 or below....... 18 days.
35 or below....... 20 days.
36 or below....... 22 days.
T107-e......................... 31 or below \2\... 22 days.
T107-f......................... 32 or below....... 10 days.
33 or below....... 11 days.
34 or below....... 12 days.
35 or below....... 14 days.
T107-g......................... 0 or below........ 7 days.
T107-h......................... 33.4 or below..... 13 days.
33.8 or below..... 15 days.
34.5 or below..... 18 days.
T107-j......................... 33.8 or below..... 13 days.
34.5 or below..... 18 days.
CTMedfly....................... 34 or below....... 14 days.
35 or below....... 16 days.
36 or below....... 18 days.
T403-a-2-3 (for temperatures 0................. 48 hours.
below 55 [deg]F).
T403-a-4-3, T403-a-5-3, T403-a- 0................. 48 hours.
6-1.
T403-a-6-2..................... 0................. 32 hours.
10................ 48 hours.
T403-a-6-3..................... 0................. 8 hours.
10................ 16 hours.
20................ 24 hours.
------------------------------------------------------------------------
\1\ For Hawaiian-grown avocados only, a single transient heat spike of
no greater than 39.6 [deg]F (4.2 [deg]C) and no longer than 2 hours,
during or after 6 days of cold treatment, does not affect the efficacy
of the treatment.
\2\ Commence when sensors are at 31 [deg]F or below. If the temperature
exceeds 31.5 [deg]F, extend the treatment one-third of a day for each
day, or part of a day, that the temperature is above 31.5 [deg]F. If
the exposure period is extended, the temperature during the extension
period must be 34 [deg]F or below. If the temperature exceeds 34
[deg]F at any time, the treatment is nullified. Also, some freeze
damage may occur if the pulp temperature drops below approximately
29.5 [deg]F. This varies with the commodity.
Subpart_Quick Freeze Treatments
Sec. 305.17 Authorized treatments; exceptions.
(a) Quick freeze is an authorized treatment for all fruits and
vegetables imported into the United States or moved interstate from
Hawaii or Puerto Rico, except for those fruits and vegetables listed in
paragraph (b) of
[[Page 221]]
this section. Quick freeze for fruits and vegetables imported into the
United States or moved interstate from Hawaii or Puerto Rico must be
conducted in accordance with Sec. Sec. 318.13-4a, 318.58-4a, and
319.56-2c, respectively.
(b) Quick freeze is not an authorized treatment for:
(1) Avocados with seeds from South America, Central America, or
Mexico.
(2) Citrus with peel from Afghanistan, Andaman Islands, Argentina,
Bangladesh, Brazil, Cambodia, China (People's Republic of), Comoros,
Cote d'Ivoire, Federated States of Micronesia, Fiji Islands, Home Island
in Cocos (Keeling) Islands, Hong Kong, India, Indonesia, Japan and
adjacent islands, Korea, Laos, Madagascar, Malaysia, Maldives,
Mauritius, Mozambique, Myanmar, Nepal, Oman, Pakistan, Palau, Papua New
Guinea, Paraguay, Philippines, Reunion Islands, Rodrigues Islands,
Ryukyu Islands, Saudi Arabia, Seychelles, Sri Lanka, Taiwan, Thailand,
Thursday Island, United Arab Emirates, Uruguay, Vietnam, Yemen, and
Zaire.
(3) Mangoes with seeds from Barbados, Dominica, French Guiana,
Guadeloupe, Martinique, St. Lucia, and all countries outside of North,
Central, and South America and their adjacent islands (which include the
Caribbean Islands and Bermuda).
(4) Corn-on-the-cob from Albania, Algeria, Bosnia and Hercegovina,
Croatia, Cyprus, Egypt, France, Greece, Israel, Italy, Lebanon, Libya,
Malta, Macedonia, Morocco, Sardinia, Serbia and Montenegro, Slovenia,
Spain, Syria, Tunisia, and Turkey.
(5) Black currants unless authorized in an import permit to
specified areas.
(c) Quick freeze may damage commodities and is recommended for
thick-skinned fruits and vegetables, such as durian and coconut, that
will be processed into another form (e.g., for puree, juice, or mashed
vegetables).
[70 FR 33269, June 7, 2005, as amended at 70 FR 41092, July 15, 2005
Sec. 305.18 Quick freeze treatment schedule.
(a) T110. (1) Initially, lower the commodity's temperature to 0
[deg]F or below.
(2) Hold the temperature of the commodity at 20 [deg]F or below for
at least 48 hours.
(3) The commodity may be transported during the 48-hour treatment
period, but the temperature must be maintained at 20 [deg]F or below
prior to release.
(4) The fruits and vegetables may not be removed from the vessel or
vehicle transporting them until an inspector has determined that they
are in a satisfactory frozen state upon arrival. If the temperature of
the fruits or vegetables in any part of a shipment is found to be above
20 [deg]F at the time of inspection upon arrival, the entire shipment
must remain on board the vessel or vehicle under such safeguards as may
be prescribed by the inspector 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.
(b) [Reserved]
Sec. 305.19 [Reserved]
Subpart_Heat Treatments
Sec. 305.20 Treatment requirements.
(a) Certified facility. The treatment facility must be certified by
APHIS. Recertification is required annually, or as often as APHIS
directs, depending upon treatments performed, commodities handled, and
operations conducted at the facility. In order to be certified, a heat
treatment facility must:
(1) Have equipment that is capable of adequately circulating air or
water (as relevant to the treatment), changing the temperature, and
maintaining the changed temperature sufficient to meet the treatment
schedule parameters.
(2) Have equipment used to record, monitor, or sense temperature,
maintained in proper working order.
(3) Keep treated and untreated fruits, vegetables, or articles
separate so as to prevent reinfestation and spread of pests.
(b) Monitoring. Treatment must be monitored by an official
authorized by APHIS to ensure proper administration
[[Page 222]]
of the treatment. An official authorized by APHIS approves, adjusts, or
rejects the treatment.
(c) Compliance agreements. Facilities located in the United States
must operate under a compliance agreement with APHIS. The compliance
agreement must be signed by a representative of the heat treatment
facilities located in the United States and APHIS. The compliance
agreement must contain requirements for equipment, temperature, water
quality, circulation, and other measures for performing heat treatments
to ensure that treatments are administered properly. Compliance
agreements must allow officials of APHIS to inspect the facility to
monitor compliance with the regulations.
(d) Work plans. Facilities located outside the United States must
operate in accordance with a work plan. The work plan must be signed by
a representative of the heat treatment facilities located outside the
United States the national plant protection organization of the country
of origin (NPPO), and APHIS. The work plan must contain requirements for
equipment, temperature, water quality, circulation, and other measures
to ensure that heat treatments are administered properly. Work plans for
facilities outside the United States must include trust fund agreement
information regarding payment of the salaries and expenses of APHIS
employees on site. Work plans must allow officials of the NPPO and APHIS
to inspect the facility to monitor compliance with APHIS regulations.
(e) Treatment procedures. (1) Before each treatment can begin, an
official authorized by APHIS must approve the loading of the commodity
in the treatment container.
(2) Sensor equipment must be adequate to monitor the treatment, its
type and placement must be approved by an official authorized by APHIS,
and the equipment must be tested by an official authorized by APHIS
prior to beginning the treatment. Sensor equipment must be locked before
each treatment to prevent tampering.
(3) Fruits, vegetables, or articles of substantially different sizes
must be treated separately; oversized fruit may be rejected by an
official authorized by APHIS.
(4) The treatment period begins when the temperature specified by
the treatment schedule has been reached. An official authorized by APHIS
may abort the treatment if the facility requires an unreasonably long
time to achieve the required temperature.
Sec. 305.21 Hot water dip treatment schedule for mangoes.
Mangoes may be treated using schedule T102-a:
(a) Fruit must be presorted by weight class. Treatment of mixed
loads is not allowed.
(b) The mangoes must be treated in the country of origin at a
certified facility under the monitoring of an official authorized by
APHIS. Prior to each use, an official authorized by APHIS must test and
determine that the treatment tank, temperature recording device, and
other monitoring equipment of the tank are adequate to conduct the
treatment.
(c) Water in the treatment tank must be treated or changed regularly
to prevent microbial contamination. Chlorinated water must be used.
(d) Pulp temperature must be 70 [deg]F or above before starting the
treatment.
(e) Fruit must be submerged at least 4 inches below the water's
surface.
(f) Water must circulate constantly and be kept at 115 [deg]F or
above throughout the treatment with the following tolerances:
(1) During the first 5 minutes of a treatment, temperatures below
113.7 [deg]F are allowed if the temperature is at least 115 [deg]F at
the end of the 5-minute period.
(2) For treatments lasting 65-75 minutes, temperatures may fall no
lower than 113.7 [deg]F for no more than 10 minutes under emergency
conditions.
(3) For treatments lasting 90-110 minutes, temperatures may fall no
lower than 113.7 [deg]F for no more than 15 minutes under emergency
conditions.
(g) Dip time is as follows:
(1)
[[Page 223]]
----------------------------------------------------------------------------------------------------------------
Dip time
Origin Shape of mango \1\ Weight (grams) \2\
(minutes)
----------------------------------------------------------------------------------------------------------------
Puerto Rico, U.S. Virgin Islands, or West Flat, elongated varieties.. Up to 400.................. 65
Indies (excluding Aruba, Bonaire, 400-570.................... 75
Curacao, Margarita, Tortuga, or Trinidad
and Tobago).
Rounded varieties.......... Up to 500.................. 75
500-700.................... 90
701-900.................... 110
Central America (north of and including Flat, elongated varieties.. Up to 375.................. 65
Costa Rica) or Mexico.
375-570.................... 75
Rounded varieties.......... Up to 500.................. 75
500-700.................... 90
701-900.................... 110
Panama, South America, or West Indies Flat, elongated varieties.. Up to 375.................. 65
islands of Aruba, Bonaire, Curacao, 375-570.................... 75
Margarita, Tortuga, or Trinidad and
Tobago.
Rounded varieties.......... Up to 425.................. 75
425-650.................... 90
----------------------------------------------------------------------------------------------------------------
\1\ Flat, elongated varieties include Frances, Carrot, Zill, Ataulfo, Carabao, Irwin, and Manila, and rounded
varieties include Tommy Atkins, Kent, Hayden, and Keitt.
\2\ See paragraph (g)(2) of this section for required dip times if the fruit is hydrocooled within 30 minutes of
removal from the hot water immersion tank.
(2) Dip times in paragraph (g)(1) of this section are valid if the
fruit is not hydrocooled within 30 minutes of removal from the hot water
immersion tank. If hydrocooling starts immediately after the hot water
immersion treatment, then the original dip time must be extended for an
additional 10 minutes. Hydrocooling is optional but may be done only at
temperatures of 70 [deg]F or above.
Sec. 305.22 Hot water immersion treatment schedules.
(a) T102-d. (1) Fruit must be grown and treated in Hawaii.
(2) Fruit must be submerged at least 4 inches below the water's
surface in a hot water immersion treatment tank certified by APHIS.
(3) The fruit must be submerged for 20 minutes after the water
temperature reaches at least 120.2 [deg]F in all locations of the tank.
The water must circulate continually and be kept at 120.2 [deg]F or
above for the duration of the treatment. Temperatures exceeding 121.1
[deg]F can cause phytotoxic damage.
(4) Hydrocooling for 20 minutes at 75.2 [deg]F is recommended to
prevent injury to the fruit from the hot water immersion treatment.
(b) T102-d-1. (1) Fruit must be at ambient temperature before
treatment begins.
(2) Fruit must be submerged at least 4 inches below the water's
surface in a hot water immersion treatment tank certified by APHIS.
(3) The fruit must be submerged for 20 minutes after the water
temperature reaches at least 120.2 [deg]F in all locations of the tank.
The water must circulate continually and be kept at 120.2 [deg]F or
above for the duration of the treatment. Temperatures exceeding 121.1
[deg]F can cause phytotoxic damage.
(4) Hydrocooling for 20 minutes at 75.2 [deg]F is recommended to
prevent injury to the fruit from the hot water immersion treatment.
(c) T102-e. (1) Fruit must be submerged at least 4 inches below the
water's surface in a hot water immersion treatment tank certified by
APHIS.
(2) Water must circulate continually and be kept at 120.2 [deg]F or
above for 20 minutes. Treatment time begins when the water temperature
reaches at least 120.2 [deg]F in all locations of the tank. Temperatures
exceeding 125.6 [deg]F or treatment times significantly exceeding 20
minutes can cause phytotoxic damage.
(3) Cooling and waxing the fruit are both optional and are the sole
responsibility of the processor.
Sec. 305.23 Steam sterilization treatment schedules.
[[Page 224]]
----------------------------------------------------------------------------------------------------------------
Exposure
Treatment schedule Temperature Pressure period Directions
( [deg]F) (minutes)
----------------------------------------------------------------------------------------------------------------
T303-b-1............................ ........... 10 lbs............... 20 Use 28 vacuum.
Steam sterilization is not
practical for treatment of
bales with a density of
greater than 30 pounds per
cubic foot.
T303-b-2............................ ........... 10 lbs............... 20 Use 28 vacuum.
If without initial vacuum,
bleed air until steam
vapor escapes. Steam
sterilization is not
practical for treatment of
bales with a density of
greater than 30 pounds per
cubic foot.
T303-d-2............................ 260 20 lbs............... 15
250 15 lbs............... 20
T309-c.............................. 240 10 psi............... 20 Use 25 Prime vacuum.
T406-d.............................. 140 NAP \1\.............. 60 Steam at NAP, tarpaulin or
tent. For treatment
enclosures of 4,000 ft \3\
or less, the minimum air
temperature must be 40
[deg]F. For treatment
enclosures greater than
4,000 ft \3\ and less than
or equal to 6,000 ft \3\,
the minimum air
temperature must be 60
[deg]F. Treatment is not
recommended for treatment
enclosures greater than
6,000 ft \3\.
T408-b.............................. 250 15 psi............... 30 Preheat laboratory
autoclaves. Restrict soil
depth to 2 inches when
treating quantities of
soil in trays. Restrict
each package weight to 5
pounds or less when
treating individual
packages. Load with
adequate spacing. Large
commercial steam
facilities that operate at
pressures up to 60 pounds
psi will permit treatment
of greater soil depth.
T503-1-3 or T503-2-3 (nonbaled)..... 240 NAP.................. 10
T503-1-3 or T503-2-3 (baled)........ 240 10 lbs............... 20 ...........................
T504-1-2, T504-2-2.................. 242 10 lbs............... 20 ...........................
T506-2-3 Loose masses of material... ........... 20 lbs............... 10 Introduce live steam into a
15 lbs............... 15 closed chamber containing
10 lbs............... 20 the material to be treated
until the required
temperature and pressure
are indicated. The
temperature/pressure
relationship must be
maintained at or above
this point for the
required exposure period.
No initial vacuum is
needed, but air must be
released until steam
escapes.
T506-2-3 Closely packed material ........... ..................... ......... Exhaust the air in the
(such as soil). chamber to a high vacuum,
and then introduce live
steam until the required
positive pressure is
reached.
T510-1.............................. 212 ..................... ......... Live steam from jet of
nozzle into loose masses
of material until all
parts reach 212 [deg]F.
T518-2-2............................ 260 20 lbs............... 15 ...........................
250 15 lbs............... 20 ...........................
T519-1.............................. ........... 10 lbs............... 20 Introduce steam into 28 vacuum.
T519-2.............................. 259 20 lbs............... 10 Introduce steam into 28 vacuum (or if
without initial vacuum,
``bleed'' air until steam
vapor escapes).
----------------------------------------------------------------------------------------------------------------
\1\ Normal atmospheric pressure.
[70 FR 33269, June 7, 2005, as amended at 70 FR 41092, July 15, 2005
Sec. 305.24 Vapor heat treatment schedules.
(a) T106-a-1, T106-a-2, T106-a-3, T106-a-4. (1) The temperature of
the fruit pulp must be increased gradually to 110 [deg]F until the
center of the fruit reaches that temperature in 8 hours.
(2) The fruit temperature must be held at 110 [deg]F for 6 hours.
(b) T106-a-1-1. (1) The temperature of the fruit pulp must be
increased to 110 [deg]F until the center of fruit reaches that
temperature in 6 hours. During the first 2 hours, the temperature must
be increased rapidly. The increase over the next 4 hours must be
gradual.
(2) The fruit temperature must be held at 110 [deg]F for 4 hours.
(c) T106-b-1, T106-b-2, T106-b-3, T106-b-4, T106-b-5, T106-b-6,
T106-b-7, T106-b-8. The temperature of the article must be increased
using saturated water vapor at 112 [deg]F until the approximate center
of the fruit reaches 112 [deg]F. The fruit temperature must be held at
112 [deg]F for 8.75 hours; then immediately cooled.
[[Page 225]]
(d) T106-c (Quick run-up). (1) The temperature of the article must
be increased until the approximate center of fruit reaches 117 [deg]F in
a time period of at least 4 hours.
(2) During the last hour of treatment, the relative humidity in the
chamber must be maintained at 90 percent or greater.
(e) T106-d. (1) The fruit must be sized before treatment.
Temperature probes must be placed in the center of the largest fruits.
The temperature of the fruit must be increased using saturated water
vapor at 117.5 [deg]F until the pulp temperature near the seed reaches
115.7 [deg]F. The pulp temperature must be held at 115.7 [deg]F or above
for 30 minutes; then immediately cooled.
(f) T106-d-1. (1) The fruit must be sized before the treatment.
Temperature probes must be placed in the center of the largest fruits.
(2) The temperature of the fruit must be increased using saturated
water vapor at 117.5 [deg]F until the center of the fruit reaches 114.8
[deg]F in a minimum of 4 hours.
(3) The fruit temperature must be maintained at 114.8 [deg]F for 10
minutes.
(g) T106-e. (1) Raise temperature of the fruit using saturated water
vapor at 116.6 [deg]F until the approximate center of the fruit reaches
114.8 [deg]F within a minimum time period of 4 hours.
(2) Hold fruit temperature at 114.8 [deg]F or above for 20 minutes.
If post-treatment cooling is conducted, wait 30 minutes after the
treatment to start the forced cooling process.
(h) T106-f. (1) The temperature probes must be placed in the
approximate center of the largest fruits at the seed's surface.
(2) The temperature of the fruit must be increased to 117 [deg]F.
The total runup time for all sensors must take at least 60 minutes.
(3) The fruit temperature must be held at 117 [deg]F or above for 20
minutes. During the treatment, the relative humidity must be maintained
at 90 percent or greater.
(4) The fruit must be hydrocooled under a cool water spray until the
fruit sensors reach ambient temperature.
(5) Inspectors will examine the fruit for live quarantine pests. If
pests are found, the inspector will reject the treatment.
(i) T106-g. (1) The internal temperature of the fruit must be
increased using saturated water vapor until the approximate center of
fruit reaches 117 [deg]F in a minimum time of 1 hour or longer.
(2) The fruit temperature must be held at 117 [deg]F or above for 20
minutes. During the treatment, the relative humidity must be maintained
at 90 percent or greater.
(j) T412-b-2. The commodity must be heated to 212 [deg]F for 15
minutes.
(k) Vapor heat treatment for sweetpotatoes moved interstate from
Hawaii. (1) Temperature probes must be placed in the approximate center
of the largest individual sweetpotato roots.
(2) The air surrounding the sweetpotato roots must be heated. After
the temperature of the air surrounding the sweetpotato roots reaches
87.8 [deg]F (31 [deg]C), its temperature must be incrementally raised
from 87.8 [deg]F (31 [deg]C) to 111.2 [deg]F (44 [deg]C) over a period
of 240 minutes.
(3) Using saturated water vapor at 118.4 [deg]F (48 [deg]C), the
core temperature of the individual sweetpotato roots must be raised to
116.6 [deg]F (47 [deg]C).
(4) After the core temperature of the sweetpotato roots reaches
116.6 [deg]F (47 [deg]C), the core temperature must then be held at
116.6 [deg]F (47 [deg]C) or higher for 190 minutes.
[70 FR 33269, June 7, 2005, as amended at 71 FR 4460, Jan. 27, 2006]
Sec. 305.25 Dry heat treatment schedules.
----------------------------------------------------------------------------------------------------------------
Treatment schedule Temperature ( [deg]F) Time Directions
----------------------------------------------------------------------------------------------------------------
T302-a-1-2........................... 168 minimum............ At least 2 hours....... Spread the ears of corn
in single layers on
slats or wire shelves.
T303-c-1............................. 212.................... 1 hour.
T303-d-1............................. 180-200................ 2 hours.
[[Page 226]]
T408-a............................... 230-249................ 16 hours............... Spread soil in layers
250-309................ 2 hours................ 0.5 inches in depth to
310-397................ 30 minutes............. ensure uniform heat
380-429................ 4 minutes.............. penetration.
430-450................ 2 minutes..............
T412-a............................... 248.................... 15 minutes............. Start timing when the
entire mass reaches
248 [deg]F.\1\
T412-b-1............................. 212.................... 15 minutes.
T503-1-4, T503-2-4, T504-1-1, T504-2- 212.................... 1 hour................. Treat small bales only.
1.
T518-1............................... 170.................... 4.5 hours.............. May take 2 hours to
reach temperature.
T518-2-1............................. 180-200................ 2 hours.
----------------------------------------------------------------------------------------------------------------
\1\ A minimum of two temperature probes must be placed in the heat treating equipment in order to determine that
all niger seed being treated reaches the target temperature. The treatment temperature must be recorded
accurately, precisely, and regularly during treatment. The monitoring equipment must be locked before each
treatment begins to prevent tampering. Seed processing equipment must have the capability to divert for
retreatment any nontreated seeds or treated seeds that do not meet treatment standards.
Sec. 305.26 Khapra beetle treatment schedule for feeds and milled
products.
Feeds and milled products may be treated for khapra beetle using
schedule T307-a. The temperature must be 180 [deg]F in any part of the
products, or the temperature must be at 150 [deg]F for a total of 7
minutes. All parts of the commodity being moved through or manipulated
in the heated area must meet the time and temperature requirements. This
treatment must be specifically authorized in each case by the Director
of Plant Health Programs, PPQ, APHIS.
Sec. 305.27 Forced hot air treatment schedules.
(a) T103-a-1. (1) The temperature probes must be placed into the
center of the largest fruit in the load. The number and placement of
temperature probes must be approved by APHIS' Center for Plant Health
Science and Technology (CPHST) before APHIS can authorize treatment.
CPHST grants approval of treatment equipment and facilities through a
chamber certification procedure.
(2) APHIS may reject the treatment if the size of an individual
fruit exceeds the maximum size authorized by APHIS.
(3) Fruit can be sized before or after the heat treatment. The
largest fruit in a load can be identified by either sizing all fruit
prior to heating and selecting the largest size class in the load or
acquiring fruit of the largest permitted maximum commercial size class.
(4) The fruit containing the temperature probes must be placed
inside the hot air chamber at chamber locations specified by APHIS
during the chamber certification.
(5) Fruit temperature must be increased within specifications:
(i) The fruit center temperature must be increased to 111.2 [deg]F
within 90 minutes or more (minimum approach time is 90 minutes) for all
temperature probes.
(ii) The fruit center temperature must be kept at 111.2 [deg]F or
hotter for 100 minutes.
(iii) The temperature of the fruit center must be recorded every 2
minutes for the duration of the treatment.
(iv) The total treatment time will vary with the time required to
reach 111.2 [deg]F.
(v) Fruit must be cooled after the treatment is completed.
(b) T103-b-1, T103-d-1, and T103-d-2. (1)Temperature sensors must be
inserted into the centers of the largest fruits. The number of sensors
must be approved in advance by APHIS. Sensors must be physically placed
in various parts of the load so that high, middle, and low areas are all
represented.
(2) Fruit (placed in open trays, bulk bins, or ventilated boxes)
must be loaded into the treatment chamber, and sensors must be attached
to the recorder monitor.
[[Page 227]]
(3) The monitor must be set to record temperatures from all sensors
at least once every 5 minutes.
(4) The fruit in the chamber must be heated using forced hot air,
until the fruit center temperature (all sensors) reaches at least 117
[deg]F. Treatment time may vary, but in every case, it must be at least
4 hours in duration, which includes the lead-up time. The total time
required for the fruit to reach 117 [deg]F is counted as part of the 4-
hour minimum treatment time.
(5) The temperature of the forced air used to heat the fruit in the
chamber may be constant or increased in a series of two or more steps or
ramped over the treatment duration.
(6) The fruit may be cooled by forced air or hydrocooling. Cooling
can be initiated immediately after all sensors reach at least 117
[deg]F.
(c) T103-c-1. (1) Size and weight of fruit: Standard fruit size 8-
14; must not exceed 1\1/2\ pounds.
(2) At least three of the largest mangoes must be probed at the
seed's surface. Sensors must be inserted into the thickest portion of
the fruit's pulp.
(3) The temperature must be recorded at least once every 2 minutes
until the treatment is concluded.
(4) Air heated to 122 [deg]F must be introduced in the chamber.
(5) The treatment must be concluded once the temperature at the
seed's surface reaches 118 [deg]F.
(d) T103-e. (1) The temperature of the fruit must be raised using
forced hot air until the fruit center temperature (all sensors) reaches
at least 117 [deg]F in a minimum time of 1 hour. Heat the fruit in the
chamber.
(2) The fruit temperature must be held at 117 [deg]F or above for 20
minutes. During the treatment, the relative humidity must be maintained
at 90 percent or greater.
[70 FR 33269, June 7, 2005, as amended at 70 FR 41092, July 15, 2005
Sec. 305.28 Kiln sterilization treatment schedule.
T404-b-4
----------------------------------------------------------------------------------------------------------------
Dry bulb Wet bulb
temperature ( depression ( Percent relative Percent moisture Thickness of Exposure (hours)
[deg]F) [deg]F) humidity content lumber (inches)
----------------------------------------------------------------------------------------------------------------
140 7 82 13.8 1 3
2 5
3 7
130 16 60 9.4 1 10
2 12
3 14
125 15 61 9.7 1 46
2 48
3 50
----------------------------------------------------------------------------------------------------------------
Sec. 305.29 Vacuum heat treatment schedule.
T111-a-1. Place bay leaves in a vacuum chamber. Starting at 0 hour,
gradually reduce to 0.133 Kpa vacuum at 8 hours. Maintain the vacuum
until the end of the treatment. Gradually increase the temperature in
the vacuum chamber from ambient temperature at 0 hour to 60 [deg]C at 5
hours. After 5 hours, gradually lower the temperature to 30 [deg]C at 22
hours. The length of the treatment is 22 hours.
[70 FR 36332, June 23, 2005]
Sec. 305.30 [Reserved]
Subpart_Irradiation Treatments
Sec. 305.31 Irradiation treatment of imported regulated articles for
certain plant pests.
(a) Approved doses. Irradiation at the following doses for the
specified plant pests, carried out in accordance with the provisions of
this section, is approved as a treatment for all regulated articles
(i.e., fruits, vegetables, cut flowers, and foliage):
[[Page 228]]
Irradiation for Certain Plant Pests in Imported Regulated Articles\1\
------------------------------------------------------------------------
Scientific name Common name Dose (gray)
------------------------------------------------------------------------
Anastrepha ludens................ Mexican fruit fly....... 70
Anastrepha obliqua............... West Indian fruit fly... 70
Anastrepha serpentina............ Sapote fruit fly........ 100
Anastrepha suspensa.............. Caribbean fruit fly..... 70
Bactrocera jarvisi............... Jarvis fruit fly........ 100
Bactrocera tryoni................ Queensland fruit fly.... 100
Brevipalpus chilensis............ False red spider mite... 300
Conotrachelus nenuphar........... Plum curculio........... 92
Croptophlebia ombrodelta......... Litchi fruit moth....... 250
Cryptophlebia illepida........... Koa seedworm............ 250
Cylas formicarius elegantulus.... Sweetpotato weevil...... 150
Cydia pomonella.................. Codling moth............ 200
Euscepes postfasciatus........... West Indian sweetpotato 150
weevil.
Grapholita molesta............... Oriental fruit moth..... 200
Omphisa anastomosalis............ Sweetpotato vine borer.. 150
Rhagoletis pomonella............. Apple maggot............ 60
Sternochetus mangiferae Mango seed weevil....... 300
(Fabricus).
Fruit flies of the family Tephritidae not listed above..... 150
Plant pests of the class Insecta not listed above, except 400
pupae and adults of the order Lepidoptera.
------------------------------------------------------------------------
\1\ There is a possibility that some cut flowers could be damaged by
such irradiation. See paragraph (n) of this section.
(b) Location of facilities. Where certified irradiation facilities
are available, an approved irradiation treatment may be conducted for
any articles 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 articles 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 other than an
approved treatment facility 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
[[Page 229]]
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
articles; \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 articles, except that articles 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 articles;
(ii) The type and amount of inspection, monitoring, or other
activities that will be required in connection with allowing the
importation of irradiated articles into that country; and
(iii) Any other conditions that must be met to allow the importation
of irradiated articles 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 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
[[Page 230]]
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. Articles that are irradiated in accordance with this
section must be packaged in cartons in the following manner:
(1) All articles treated with irradiation must be shipped in the
same cartons in which they are treated. Irradiated articles may not be
packaged for shipment in a carton with nonirradiated articles.
(2) For all articles to be irradiated upon arrival in the United
States, the articles must be packed in cartons that have no openings
that will allow the entry of fruit flies and that are 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.
(3) For all articles irradiated prior to arrival in the United
States:
(i) The articles 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, Center for Plant Health Science and Technology, 1730 Varsity
Drive, Suite 400, Raleigh, NC 27606.
---------------------------------------------------------------------------
(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 231]]
(ii) To preserve the identity of treated lots, each pallet-load of
cartons containing the articles 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) Containers or vans. Containers or vans that will transport
treated commodities must be free of pests prior to loading the treated
commodities.
(i) Phytosanitary certificate. For each shipment treated in an
irradiation facility outside the United States, a phytosanitary
certificate, with the treatment section completed and issued by the
national plant protection organization, must accompany the shipment.
(j) 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.
---------------------------------------------------------------------------
(k) 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.
(l) 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, Center for
Plant Health Science and Technology, 1730 Varsity Drive, Suite 400,
Raleigh, NC 27606. 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.
(m) 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
[[Page 232]]
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 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.
(n) Department not responsible for damage. This treatment is
approved to assure quarantine security against the listed fruit flies.
From the literature available, the articles 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)
[70 FR 33269, June 7, 2005, as amended at 71 FR 4460, Jan. 27, 2006]
Sec. 305.32 Irradiation treatment of regulated fruit to be moved
interstate from areas quarantined for Mexican fruit fly.
Irradiation, carried out in accordance with the provisions of this
paragraph, is approved as a treatment for any fruit listed as a
regulated article in Sec. 301.64-2(a) of this chapter.
(a) 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:
(1) Be capable of administering the approved dose for Mexican fruit
fly listed in Sec. 305.31(a) to the fruit;\5\
---------------------------------------------------------------------------
\5\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(2) Be constructed so as to provide physically separate locations
for treated and untreated fruit, except that fruit 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;
(3) Complete a compliance agreement with the Animal and Plant Health
Inspection Service as provided in Sec. 301.64-6 of this chapter; and
(4) 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.
(b) 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.\6\
---------------------------------------------------------------------------
\6\ Inspectors are assigned to local offices of the Animal and Plant
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------
(c) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(1) The cartons must have no openings that will allow the entry of
fruit flies and must be sealed with seals that
[[Page 233]]
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.\7\
---------------------------------------------------------------------------
\7\ See footnote 3 of this subpart.
---------------------------------------------------------------------------
(2) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(i) With polyethylene sheet wrap;
(ii) With net wrapping; or
(iii) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(3) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of packing
and treatment.
(d) Dosage. The fruits and vegetables must receive the approved dose
for Mexican fruit fly listed in Sec. 305.31(a).\8\
---------------------------------------------------------------------------
\8\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(e) Dosimetry systems. (1) Dosimetry mapping must indicate the dose
needed to ensure the fruit 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 approved
dose for Mexican fruit fly listed in Sec. 305.31(a).
(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.\9\
---------------------------------------------------------------------------
\9\ See footnote 4 of this subpart.
---------------------------------------------------------------------------
(f) 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.
(g) 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,
Center for Plant Health Science and Technology, 1730 Varsity Drive,
Suite 400, Raleigh, NC 27606. 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 (a) of this section.
(h) 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 effect pending completion
of the proceeding and any judicial review of the proceeding.
[[Page 234]]
(i) Department not responsible for damage. This treatment is
approved to assure quarantine security against Mexican fruit fly. From
the literature available, the fruits 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.
(Approved by the Office of Management and Budget under control number
0579-0215)
[70 FR 33269, June 7, 2005, as amended at 71 FR 4461, Jan. 27, 2006]
Sec. 305.33 Irradiation treatment of regulated articles to be moved
interstate from areas quarantined for Mediterranean fruit fly.
Irradiation, carried out in accordance with the provisions of this
section, 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
chapter.
(a) 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:
(1) Be capable of administering the approved dose for Mediterranean
fruit fly listed in Sec. 305.31(a) to the fruits and vegetables; \10\
---------------------------------------------------------------------------
\10\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(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;
(3) Complete a compliance agreement with the Animal and Plant Health
Inspection Service as provided in Sec. 301.78-6 of this chapter; and
(4) 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.
(b) 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.\11\
---------------------------------------------------------------------------
\11\ See footnote 6 of this subpart.
---------------------------------------------------------------------------
(c) Packaging. Fruits and vegetables that are treated within a
quarantined area must be packaged in the following manner:
(1) 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.\12\
---------------------------------------------------------------------------
\12\ See footnote 3 of this subpart.
---------------------------------------------------------------------------
(2) The pallet-load of cartons must be wrapped before it leaves the
irradiation facility in one of the following ways:
(i) With polyethylene sheet wrap;
(ii) With net wrapping; or
(iii) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(3) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and
[[Page 235]]
location, and dates of packing and treatment.
(d) Dosage. The fruits and vegetables must receive the approved dose
for Mediterranean fruit fly listed in Sec. 305.31(a).\13\
---------------------------------------------------------------------------
\13\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(e) Dosimetry systems. (1) Dosimetry must demonstrate that the
absorbed dose, including areas of minimum and maximum dose, is mapped,
controlled, and recorded.
(2) Absorbed dose must be measured using a dosimetry system that can
accurately measure an adsorbed dose of the approved dose for
Mediterranean fruit fly listed in Sec. 305.31(a).
(3) 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.\14\
---------------------------------------------------------------------------
\14\ See footnote 4 of this subpart.
---------------------------------------------------------------------------
(f) 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.
(g) 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,
Center for Plant Health Science and Technology, 1730 Varsity Drive,
Suite 400, Raleigh, NC 27606. 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 (a) of this section.
(h) 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 effect pending completion
of the proceeding and any judicial review of the proceeding.
(i) 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
[[Page 236]]
foods are safe and wholesome for human consumption.
(Approved by the Office of Management and Budget under control number
0579-0088)
[70 FR 33269, June 7, 2005, as amended at 71 FR 4461, Jan. 27, 2006]
Sec. 305.34 Irradiation treatment of certain regulated articles from
Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a) Approved irradiation treatment. (1) Commodity-specific doses.
Irradiation, carried out in accordance with the provisions of this
section, is approved as a treatment for the following fruits and
vegetables from Hawaii at the specified dose levels:
---------------------------------------------------------------------------
\1\ Litchi and sweetpotato are also subject to the additional
inspection requirements in paragraph (b)(7) of this section.
Irradiation for Plant Pests in Hawaiian Fruits and Vegetables
------------------------------------------------------------------------
Commodity Dose (gray)
------------------------------------------------------------------------
Abiu....................................................... 150
Atemoya.................................................... 150
Bell pepper................................................ 150
Carambola.................................................. 150
Eggplant................................................... 150
Litchi\1\.................................................. 150
Longan..................................................... 150
Mango...................................................... 300
Papaya..................................................... 150
Pineapple.................................................. 150
Rambutan................................................... 150
Sapodilla.................................................. 150
Italian squash............................................. 150
Sweetpotato\1\............................................. 400 or 150
Tomato..................................................... 150
------------------------------------------------------------------------
(2) Pest-specific doses. Any articles from Puerto Rico or the U.S.
Virgin Islands, as well as any articles from Hawaii not listed in
paragraph (a)(1) of this section, that are required by part 318 of this
chapter to be treated or subjected to inspection to control one or more
of the plant pests listed in Sec. 305.31(a) may instead be treated with
irradiation. Articles treated with irradiation for plant pests listed in
Sec. 305.31(a) must be irradiated at the doses listed in Sec.
305.31(a), and the irradiation treatment must be conducted in accordance
with the other requirements of this section.
(b) Conditions of movement. Articles from Hawaii , Puerto Rico, or
the U.S. Virgin Islands 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, Puerto Rico, or the U.S. Virgin Islands or
on the mainland United States. Articles 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 articles 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 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 the minimum absorbed ionizing
radiation doses specified in paragraph (a) of this section to the
articles;\15\
---------------------------------------------------------------------------
\15\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(ii) Be constructed so as to provide physically separate locations
for treated and untreated articles, except articles 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 articles
shipped to the mainland United States from Hawaii, Puerto Rico, or the
U.S. Virgin Islands in accordance with this section may not be packaged
for shipment in a carton with treated articles;
(iii) Complete a compliance agreement with the Animal and Plant
[[Page 237]]
Health Inspection Service as provided in Sec. 318.13-4(d) of this
chapter; 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.\16\
---------------------------------------------------------------------------
\16\ See footnote 6 of this subpart.
---------------------------------------------------------------------------
(4) Packaging. (i) Articles that are treated in Hawaii, Puerto Rico,
or the U.S. Virgin Islands 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.\17\
---------------------------------------------------------------------------
\17\ See footnote 3 of this subpart.
---------------------------------------------------------------------------
(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 articles 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.''
(5) Dosage. The articles must receive the minimum absorbed ionizing
radiation dose specified in paragraph (a) of this section.\18\
---------------------------------------------------------------------------
\18\ See footnote 2 of this subpart.
---------------------------------------------------------------------------
(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 the absorbed doses specified in paragraph (a) of this
section.
(iii) The number and placement of dosimeters used must be in
accordance with American Society for Testing and Materials (ASTM)
standards.\19\
---------------------------------------------------------------------------
\19\ See footnote 4 of this subpart.
---------------------------------------------------------------------------
(7)(i) Certification on basis of treatment. A certificate shall be
issued by an inspector for the movement of artices 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, and
sweetpotato from Hawaii must be inspected in Hawaii and found free of
the gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona
coffee-root knot nematode (Meloidogyne konaensis) by an inspector before
undergoing irradiation treatment in Hawaii. In addition, sweetpotato
from Hawaii to be treated with irradiation at a dose of 150 Gy must be
sampled, cut, and inspected in Hawaii and found to be free of the ginger
weevil (Elytrotreinus subtruncatus) by an inspector before undergoing
irradiation treatment in Hawaii. Sampling, cutting, and inspection
[[Page 238]]
must be performed under conditions that will prevent any pests that may
emerge from the sampled sweetpotatoes from infesting any other
sweetpotatoes intended for interstate movement in accordance with this
section.
(ii) Limited permit. A limited permit shall be issued by an
inspector for the interstate movement of untreated articles 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, and untreated sweetpotato from Hawaii must be inspected in
Hawaii and found to be free of the gray pineapple mealybug (Dysmicoccus
neobrevipes) and the Kona coffee-root knot nematode (Meloidogyne
konaensis) by an inspector. In addition, sweetpotato from Hawaii to be
treated with irradiation at a dose of 150 Gy must be sampled, cut, and
inspected in Hawaii and found to be free of the ginger weevil
(Elytrotreinus subtruncatus) by an inspector. Sampling, cutting, and
inspection must be performed under conditions that will prevent any
pests that may emerge from the sampled sweetpotatoes from infesting any
other sweetpotatoes intended for interstate movement in accordance with
this section.
(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,
Center for Plant Health Science and Technology, 1730 Varsity Drive,
Suite 400, Raleigh, NC 27606. 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 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 and
other plant pests. From the literature available, the articles
authorized for treatment under this section are believed tolerant to the
treatment; however, the facility
[[Page 239]]
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.
(Approved by the Office of Management and Budget under control numbers
0579-0198 and 0579-0281)
[70 FR 33269, June 7, 2005, as amended at 71 FR 4461, Jan. 27, 2006]
Sec. Sec. 305.35-305.39 [Reserved]
Subpart_Treatments for Garbage
Sec. 305.40 Garbage treatment schedules for insect pests and
pathogens.
(a) T415-a, heat treatment. Incinerate to ash. Caterers under
compliance agreement using an incinerator for garbage must comply with
the following conditions:
(1) Incinerator must be capable of reducing garbage to ash.
(2) Incinerator must be maintained adequately to ensure operation.
(b) T415-b, dry heat or steam. The garbage must be heated to an
internal temperature of 212 [deg]F for 30 minutes followed by burial in
a landfill.
(1) The sterilizer used to perform the treatment must be capable of
heating garbage to an internal temperature of 212 [deg]F and maintaining
it at that temperature for a minimum of 30 minutes.
(2) The sterilization cycle must be reevaluated and adjusted twice a
year using thermocouple to recalibrate the temperature recording device.
Adjusting the sterilization cycle semiannually will ensure that all
garbage processed is heated to a minimum internal temperature of 212
[deg]F for at least 30 minutes and that the temperature recording device
accurately reflects the internal temperature of the sterilizer.
(3) The caterer administering the treatment under a compliance
agreement must comply with the following conditions:
(i) The operator must date and initial time/temperature records for
each batch of garbage sterilized. The supervisor must review and sign
each time/temperature record. The facility must retain records for 6
months for review by APHIS.
(ii) The drain in the bottom of the sterilizer must be cleaned
between each cycle to ensure proper heat circulation.
(4) All reevaluations and adjustments must be observed by APHIS.
(c) T415-c, grinding and discharge into a sewage system. The sewage
system must be approved by the Administrator upon his/her determination
that the system is designed and operated in such a way as to preclude
the discharge of sewage effluents onto land surface or into lagoons or
other stationary waters and otherwise is adequate to prevent the spread
of plant pests and livestock or poultry diseases.
Sec. 305.41 [Reserved]
Subpart_Miscellaneous Treatments
Sec. 305.42 Miscellaneous treatment schedules.
(a) T102-b, T102-b-1, T102-b-2, soapy water and wax. (1) The fruit
must be immersed in a soapy water bath of one part soap solution (such
as Deterfrut) to 3,000 parts water for 20 seconds.
(2) The soapy bath must be followed with a pressure shower rinse to
remove all excess soap.
(3) The fruit must be immersed for 20 seconds in an undiluted wax
coating (such as Johnson's Wax Primafresh 31 Kosher fruit coating). The
wax coating must cover the entire surface of the fruit.
(b) T102-c, warm, soapy water and brushing for durian and other
large fruits such as breadfruit. (1) Detergent (such as Deterfrut) must
be added to warm water (110-120 [deg]F) at the rate of one part
detergent or soap to 3,000 parts water.
(2) The fruit must be immersed for at least 1 minute in the warm
detergent water.
(3) The fruit must be scrubbed with a brush with stiff bristles to
remove any insects.
[[Page 240]]
(4) The fruit must be rinsed with a pressure shower to rinse the
fruit free of residue (detergent and dead insects).
(5) An inspector will inspect each brushed and cleaned fruit. If any
insects remain, the fruit must be retreated or destroyed.
(c) Three alternative treatments for plant material not tolerant to
fumigation. Treatments are based on the character of the plant material
and the type of pests that may be found.
(1) T201-p-1: For plant pests, except scale insects, hand removal of
pests or infested parts of plants followed by a detailed inspection to
ensure plants are pest free may be employed;
(2) See hand removal plus malathion-carbaryl chemical dip T201-p-2
(Sec. 305.10(d)) for alternative treatment; or
(3) T201-p-3: Following the hand removal of the visible plant pests
or infested plant parts, the plant material must be treated with hot
water at 112 [deg]F for 20 minutes. This treatment is not effective
against mature scale insects.
PART 318_HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
Subpart_Hawaiian Fruits, Vegetables, and Flowers
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 or
vegetables 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 Vapor heat treatment of sweetpotatoes from Hawaii.
318.13e [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 Conditions governing the movement of bananas from Hawaii.
318.13-4j Administrative instructions governing the interstate movement
of cut blooms of gardenia 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.
[[Page 241]]
Subpart_Fruits and Vegetables From Puerto Rico or Virgin Islands
Quarantine
318.58 Notice of quarantine.
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.
318.58-4b Irradiation treatment of regulated articles from Puerto Rico
and the U.S. Virgin Islands.
318.58-4c Movement of sweetpotatoes from Puerto Rico to certain ports.
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. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Source: 24 FR 10777, Dec. 29, 1959, unless otherwise noted.
Subpart_Hawaiian Fruits, Vegetables, and Flowers
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
[[Page 242]]
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
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. 318.60 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; 71 FR 4461, Jan. 27, 2006]
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(b) or Sec. 318.13-4(b) of
this subpart or Sec. 305.34 of this chapter, 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.
[[Page 243]]
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 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, melons, citrus,
mangoes, etc.
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
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 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.
[[Page 244]]
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; 68 FR
5802, Feb. 5, 2003; 71 FR 4461, Jan. 27, 2006]
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 articles 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).
Gardenia (cut blooms).
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).
Sweetpotato (Ipomoea batatas Poir.)
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, vegetables, or other products
may be made to the foregoing list of regulated articles by the
Administrator of the Animal and Plant Health Inspection Service when he
determines that such
[[Page 245]]
articles, 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; 68 FR 5802, Feb. 5, 2003; 71 FR
4462, Jan. 27, 2006]
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 mauna loa and jade vine, and leis
thereof, and except any cut blooms of gardenia not grown in accordance
with Sec. 318.13-4j) 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 regulated articles from Hawaii may be moved interstate
for irradiation treatment on the mainland United States if the
provisions of Sec. 305.34 of this chapter are met and if the articles
are accompanied by a limited permit issued by an inspector in accordance
with Sec. 318.13-4(c). Untreated bananas from Hawaii may be moved
interstate for irradiation treatment on the mainland United States if
the provisions of Sec. 318.13-4i(b) are met and if the bananas 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.
(4) Untreated sweetpotatoes from Hawaii may be moved interstate for
vapor heat treatment on the mainland United States if the provisions of
Sec. 318.13-4d are met and if the sweetpotatoes 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.
(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
[[Page 246]]
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; 68 FR
5802, Feb. 5, 2003; 71 FR 4462, Jan. 27, 2006]
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:
(a) Certification on basis of inspection or nature of lot involved.
Regulated articles 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, vegetables, or other products 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; 68 FR 5802, Feb. 5, 2003]
[[Page 247]]
Sec. 318.13-4a Administrative instructions authorizing the movement
from Hawaii of frozen fruits and vegetables.
(a) The Administrator of the Animal and Plant Health Inspection
Service, pursuant to the authority contained in Sec. Sec. 318.13-2(b)
and 318.13-4(b), approves the process of quick freezing in accordance
with part 305 of this chapter as a treatment for all fruits and
vegetables described in Sec. 318.13, except as otherwise provided in
paragraph (c) of this section. Such frozen fruits and vegetables may be
certified for movement from Hawaii into or through any other Territory,
State, or District of the United States.\1\
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\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, HI 96820.
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(b) 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.
(c) 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.
[24 FR 10777, Dec. 29, 1959, as amended at 55 FR 38979, Sept. 24, 1990;
70 FR 33323, June 7, 2005]
Sec. 318.13-4b Administrative instructions; conditions governing the
interstate movement from Hawaii of certain fruits or
vegetables for which treatment is required.
(a) General restrictions. Fruits or vegetables 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 or vegetables. The following fruits or
vegetables 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 plant pests under the supervision of an inspector with
a treatment prescribed in part 305 of this chapter: Avocados, bell
peppers, carambolas, eggplants, Italian squash, litchi, longan, papayas,
pineapples (other than smooth cayenne), rambutan, sweetpotatoes, and
tomatoes.
(c) Subsequent handling. All handling of fruits or vegetables
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 vegetables 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
part 305 of this chapter are judged from experimental tests to be safe
for use with the fruits or vegetables 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, as amended at 70 FR 33323, June 7, 2005; 71
FR 4462, Jan. 27, 2006]
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
[[Page 248]]
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 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 Vapor heat treatment of sweetpotatoes from Hawaii.
(a) Vapor heat treatment, carried out in accordance with the
provisions of this section, is approved as a treatment for sweetpotato
from Hawaii.
(b) Sweetpotatoes may be moved interstate from Hawaii in accordance
with this section only if the following conditions are met: \2\
---------------------------------------------------------------------------
\2\ Sweetpotatoes may also be moved interstate from Hawaii in
accordance with Sec. 305.34 of this chapter or after fumigation with
methyl bromide according to treatment schedule T-101-b-3-1, as provided
for in Sec. 305.6(a) of this chapter.
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(1) The sweetpotatoes must be treated in accordance with the vapor
heat treatment schedule specified in Sec. 305.24.
(2) The sweetpotatoes must be sampled, cut, and inspected and found
to be free of the ginger weevil (Elytrotreinus subtruncatus). Sampling,
cutting, and inspection must be performed under conditions that will
prevent any pests that may emerge from the sampled sweetpotatoes from
infesting any other sweetpotatoes intended for interstate movement in
accordance with this section.
(3) The sweetpotatoes must be inspected and found to be free of the
gray pineapple mealybug (Dysmicoccus
[[Page 249]]
neobrevipes) and the Kona coffee-root knot nematode (Meloidogyne
konaensis).
(4)(i) Sweetpotatoes 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.\3\
---------------------------------------------------------------------------
\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, Center for Plant Health Science and Technology, 1730 Varsity
Drive, Suite 400, Raleigh, NC 27606.
---------------------------------------------------------------------------
(B) The pallet-load of cartons must be wrapped before it leaves the
treatment 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 sweetpotatoes 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.
(5)(i) Certification on basis of treatment. A certificate shall be
issued by an inspector for the movement of sweetpotatoes from Hawaii
that have been treated and handled in Hawaii in accordance with this
section. To be certified for interstate movement under this section,
sweetpotato from Hawaii must be sampled, cut, and inspected by an
inspector and found by an inspector to be free of the ginger weevil
(Elytrotreinus subtruncatus) and inspected and found by an inspector to
be free of the gray pineapple mealybug (Dysmicoccus neobrevipes), and
the Kona coffee-root knot nematode (Meloidogyne konaensis) before
undergoing vapor heat treatment in Hawaii.
(ii) Limited permit. A limited permit shall be issued by an
inspector for the interstate movement of untreated sweetpotato 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 sweetpotato from Hawaii must be sampled, cut, and inspected in
Hawaii by an inspector and found by an inspector to be free of the
ginger weevil (Elytrotreinus subtruncatus) and inspected and found by an
inspector to be free of the gray pineapple mealybug (Dysmicoccus
neobrevipes), and the Kona coffee-root knot nematode (Meloidogyne
konaensis).
(Approved by the Office of Management and Budget under control number
0579-0281)
[71 FR 4462, Jan. 27, 2006]
Sec. 318.13-4e [Reserved]
Sec. 318.13-4f Irradiation treatment of certain regulated articles
from Hawaii.
Irradiation, carried out in accordance with the provisions in Sec.
305.34 of this chapter, is approved as a treatment for the following
fruits and vegetables: Abiu, atemoya, bell pepper, carambola, eggplant,
litchi, longan, mango, papaya, pineapple, rambutan, sapodilla, Italian
squash, sweetpotato, and tomato. Any other commodities that are required
by this subpart to be treated or subjected to inspection to control one
or more of the plant pests listed in Sec. 305.31(a) of this chapter may
instead be treated with irradiation. Commodities treated with
irradiation for plant pests listed in Sec. 305.31(a) must be irradiated
at the doses listed in Sec. 305.31(a), and the irradiation treatment
must be conducted in accordance with the other requirements of Sec.
305.34.
[71 FR 4462, Jan. 27, 2006]
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
[[Page 250]]
(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 compliance with the provisions of this section.
[59 FR 66642, Dec. 28, 1994]
Sec. 318.13-4h [Reserved]
Sec. 318.13-4i Conditions governing the movement of bananas from
Hawaii.
(a) 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 Sec. Sec. 318.13-3 and 318.13-4 of this subpart if the bananas
meet the following conditions:
(1) 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;
(2) 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;
(3) 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
[[Page 251]]
fresh cuts made during the packing process); and
(4) 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.
(b) Bananas of any cultivar or ripeness that do not meet the
conditions of paragraph (a) of this section may also be moved interstate
from Hawaii in accordance with the following conditions:
(1) The bananas are irradiated at the minimum dose listed in Sec.
305.31(a) of this chapter and in accordance with the other requirements
in Sec. 305.34 of this chapter for the Mediterranean fruit fly
(Ceratitis capitata), the melon fruit fly (Bactrocera curcurbitae), the
Oriental fruit fly (Bactrocera dorsalis), and the green scale (Coccus
viridis) and are inspected, after removal from the stalk, in Hawaii and
found to be free of the banana moth (Opogona sacchari (Bojen)) by an
inspector before or after undergoing irradiation treatment; or
(2) The bananas are irradiated at the minimum dose listed in Sec.
305.31(a) of this chapter and in accordance with the other requirements
in Sec. 305.34 of this chapter for the Mediterranean fruit fly
(Ceratitis capitata), the melon fruit fly (Bactrocera curcurbitae), and
the Oriental fruit fly (Bactrocera dorsalis) and are inspected, after
removal from the stalk, in Hawaii and found to be free of the green
scale (Coccus viridis) and the banana moth (Opogona sacchari (Bojen))
before or after undergoing irradiation treatment.
(3)(i) A certificate shall be issued by an inspector for the
movement of bananas from Hawaii that have been treated and inspected in
Hawaii in accordance with this paragraph Sec. 318.13-4i(b). To be
certified for interstate movement under this paragraph, bananas from
Hawaii must be treated, inspected, and, if necessary, culled in
accordance with the requirements of this paragraph prior to interstate
movement from Hawaii.
(ii) A limited permit shall be issued by an inspector for the
interstate movement of untreated bananas from Hawaii for treatment on
the mainland United States in accordance with this section. To be
eligible for a limited permit under this paragraph Sec. 318.13-4i(b),
bananas from Hawaii must be inspected in accordance with the
requirements of this paragraph prior to interstate movement from Hawaii.
[63 FR 65648, Nov. 30, 1998, as amended at 71 FR 4463, Jan. 27, 2006]
Sec. 318.13-4j Administrative instructions governing the interstate
movement of cut blooms of gardenia from Hawaii.
Cut blooms of gardenia may be moved interstate from Hawaii if grown
and inspected in accordance with the provisions of this section.
(a) The grower's production area must be inspected annually by an
inspector and found free of green scale. If green scale is found during
an inspection, a 2-month ban will be placed on the interstate movement
of cut blooms of gardenia from that production area. Near the end of the
2 months, an inspector will reinspect the grower's production area to
determine whether green scale is present. If reinspection determines
that the production area is free of green scale, shipping may resume. If
reinspection determines that green scale is still present in the
production area, another 2-month ban on shipping will be placed on the
interstate movement of gardenia from that production area. Each ban will
be followed by reinspection in the manner specified, and the production
area must be found free of green scale prior to interstate movement.
(b) The grower must establish a buffer area surrounding gardenia
production areas. The buffer area must extend 20 feet from the edge of
the production area. Within the buffer area, the growing of gardenias
and the following green scale host plants is prohibited: Ixora, ginger
(Alpinia purpurata), plumeria, coffee, rambutan, litchi, guava, citrus,
anthurium, avocado, banana, cocoa, macadamia, celery, Pluchea indica (a
weed introduced into Hawaii), mango, orchids, and annona.
(c) An inspector must visually inspect the cut blooms of gardenias
in each shipment prior to interstate movement from Hawaii to the
mainland United States. If the inspector does not detect green scale in
the shipment, the inspector would issue a certificate for the shipment
in accordance
[[Page 252]]
with Sec. 318.13-4(a). If the inspector finds green scale in a
shipment, that shipment will be ineligible for interstate movement from
Hawaii.
(Approved by the Office of Management and Budget under control number
0579-0197)
[68 FR 5802, Feb. 5, 2003, as amended at 68 FR 11967, March 13, 2003]
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 \4\ 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.
---------------------------------------------------------------------------
\4\ 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; 71 FR 4463, Jan. 27, 2006]
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.
(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]
[[Page 253]]
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 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
[[Page 254]]
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 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
[[Page 255]]
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 part 305 of this chapter 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.
[67 FR 8465, Feb. 25, 2002, as amended at 70 FR 33324, June 7, 2005]
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 \5\ 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 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.
---------------------------------------------------------------------------
\5\ 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. \6\ 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
[[Page 256]]
times, such a warning notice in the ship, vessel, other surface craft,
or aircraft under his charge.
---------------------------------------------------------------------------
\6\ 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; 71 FR 4463, Jan. 27, 2006]
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 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
[[Page 257]]
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 Sec. Sec. 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.\7\ The
transit permit application must include the following information:
---------------------------------------------------------------------------
\7\ 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
(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
[[Page 258]]
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.\8\
---------------------------------------------------------------------------
\8\ 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
[[Page 259]]
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 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.
[[Page 260]]
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; 71 FR 4463, Jan.
27, 2006]
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
[[Page 261]]
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 Sec. Sec.
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 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
[[Page 262]]
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 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.
[[Page 263]]
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 obliqua; 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 Administrator
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, the administrator
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 the administrator
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) Except for pigeon peas (fresh shelled or in the pod) moved from
Puerto Rico to the U.S. Virgin Islands, which must meet the requirements
of Sec. 318.58-2(b)(4), no restrictions are placed on the movement of
fruits or vegetables in either direction between Puerto Rico and the
U.S. Virgin Islands.
(d) This subpart 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; 68 FR 2683, Jan. 21, 2003; 68 FR 28114, May 23,
2003; 70 FR 33324, June 7, 2005; 71 FR 4463, Jan. 27, 2006]
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
[[Page 264]]
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. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
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 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,
[[Page 265]]
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; 71 FR 4463, Jan. 27, 2006]
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 Administrator, 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 the inspector to be free
from injurious insect infestation (including the West Indian fruit fly
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 900 grams each, when
treated as prescribed in part 305 of this chapter; Peppers;
Pigeon peas (in the pod) from the U.S. Virgin Islands and string
beans, lima beans, faba beans, and fresh okra from Puerto Rico or the
U.S. Virgin Islands.\1\
---------------------------------------------------------------------------
\1\ These products will be certified for movement to Pacific Coast
ports or to Atlantic Coast ports south of Baltimore, MD, only when they
have been treated as prescribed in part 305 of this chapter. Such
products may be certified for movement to Baltimore, MD, and Atlantic
Coast ports north of Baltimore 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 the inspector to be infested shall be free
to move without certification, marking, treatment, or other 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, the inspector 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).
[[Page 266]]
Parsley.
Parsnip.
Peas (in pod) (Pissum sativum).
Pigeon peas (fresh shelled) from the U.S. Virgin Islands.
Pineapple.
Potato.
Quenepa (Melicocca bijuga).
Radish.
Rhubarb.
Rutabaga.
Spinach.
Squash, pumpkin, watermelon, vegetable-marrow, cantaloup, calabaza.
Strawberry.
Sweetpotato (Ipomoea batatas Poir.)
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.
(4) Pigeon peas (fresh shelled or in the pod) from Puerto Rico may
be moved to any other area of the United States only if treated in
accordance with part 305 of this chapter.
[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; 68 FR
2683, Jan. 21, 2003; 68 FR 28114, May 23, 2003; 70 FR 33324, June 7,
2005; 71 FR 4463, Jan. 27, 2006]
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.
(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 the inspector 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 part 305 of this chapter under the
supervision of an inspector and if
[[Page 267]]
the articles are handled after treatment in accordance with all
conditions that the inspector requires. 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; 70 FR 33324, June 7, 2005]
Sec. 318.58-4a Administrative instructions authorizing the movement
from Puerto Rico of frozen fruits and vegetables.
(a) The Administrator of the Animal and Plant Health Inspection
Service, pursuant to the authority contained in Sec. Sec. 318.58-2 and
318.58-3, approves the process of quick freezing in accordance with part
305 of this chapter as a treatment for all fruits and vegetables
described in Sec. 318.58-2, except as otherwise provided in paragraph
(c) of this section. Such frozen fruits and vegetables may be certified
for movement from Puerto Rico into or through any other Territory,
State, or District of the United States in accordance with Sec. 318.58-
3.\2\
---------------------------------------------------------------------------
\2\ 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.
---------------------------------------------------------------------------
(b) 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.
(c) 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
Administrator , be destroyed by freezing.
[24 FR 10777, Dec. 29, 1959. Redesignated at 54 FR 3581, Jan. 25, 1989;
68 FR 2684, Jan. 21, 2003; 70 FR 33324, June 7, 2005; 70 FR 40879, July
15, 2005]
Sec. 318.58-4b Irradiation treatment of regulated articles from Puerto
Rico and the U.S. Virgin Islands.
Any regulated articles from Puerto Rico or the U.S. Virgin Islands
that are required by this subpart to be treated or subjected to
inspection to control one or more of the plant pests listed in Sec.
305.31(a) of this chapter may instead be treated with irradiation.
Commodities treated with irradiation for plant pests listed in Sec.
305.31(a) must be irradiated at the doses listed in Sec. 305.31(a), and
the irradiation treatment must be conducted in accordance with the other
requirements of Sec. 305.34.
[71 FR 4463, Jan. 27, 2006]
Sec. 318.58-4c Movement of sweetpotatoes from Puerto Rico to certain
ports.
Sweetpotatoes from Puerto Rico may be moved interstate to Atlantic
Coast ports north of and including Baltimore, MD, if the following
conditions are met:
(a) The sweetpotatoes must be certified by an inspector of the
Commonwealth of Puerto Rico as having been grown under the following
conditions:
(1) Fields in which the sweetpotatoes have been grown must have been
given a preplanting treatment with an approved soil insecticide.
(2) Before planting in such treated fields, the sweetpotato draws
and vine cuttings must have been dipped in an approved insecticidal
solution.
(3) During the growing season an approved insecticide must have been
applied to the vines at prescribed intervals.
(b) An inspector of the Commonwealth of Puerto Rico must certify
that the sweetpotatoes have been washed.
(c) The sweetpotatoes must be 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
[[Page 268]]
standards prior to movement from Puerto Rico.
(d) The sweetpotatoes must be inspected by an inspector and found to
be free of the sweetpotato scarabee (Euscepes postfasciatus Fairm.).
[71 FR 4463, Jan. 27, 2006]
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 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
[[Page 269]]
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 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
[[Page 270]]
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:
(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.
[[Page 271]]
(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 part 305 of this chapter 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.
[67 FR 8465, Feb. 25, 2002, as amended at 70 FR 33324, June 7, 2005]
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 Sec. Sec. 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.\3\ The transit permit
application must include the following information:
---------------------------------------------------------------------------
\3\ 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;
[[Page 272]]
(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 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.\4\
---------------------------------------------------------------------------
\4\ 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
[[Page 273]]
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 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
[[Page 274]]
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, 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; 68 FR 2684, Jan.
21, 2003]
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:
[[Page 275]]
(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 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.
[[Page 276]]
(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 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;
[[Page 277]]
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 or she 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 or
she 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;
70 FR 33324, June 7, 2005]
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 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
[[Page 278]]
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. 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.
[[Page 279]]
PART 319_FOREIGN QUARANTINE NOTICES
Subpart_Requests To Amend The Regulations
Sec. 319.5 Requirements for submitting requests to change the
regulations in 7 CFR part 319.
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.
319.37-13 Treatment and costs and charges for inspection and treatment;
treatments applied outside the United States.
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
[[Page 280]]
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 Conditions governing the entry of baby corn and baby carrots
from Zambia.
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.
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.
[[Page 281]]
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 Conditions governing the entry of shelled garden peas from
Kenya.
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.
319.56-2kk Persimmons from the Republic of Korea.
319.56-2ll Conditions governing the entry of grapes from the Republic of
Korea.
319.56-2mm Conditions governing the importation of clementines,
mandarins, and tangerines from Chile.
319.56-2nn Administrative instructions: Conditions governing the entry
of fragrant pears from China.
319.56-2oo Administrative instructions: Conditions governing the entry
of peppers from certain Central American countries.
319.56-2pp Conditions governing the importation of citrus from Peru.
319.56-2qq Administrative instructions; conditions governing the entry
of peppers from the Republic of Korea.
319.56-2rr Administrative instructions; conditions governing the
importation of untreated grapefruit, sweet oranges, and
tangerines from Mexico for processing.
319.56-2ss Conditions governing the entry of grapes from Namibia.
319.56-3 Applications for permits for importation of fruits and
vegetables; issuance of permits.
319.56-4 Amendment, denial, or withdrawal 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 General import prohibitions; exceptions.
319.59-3 Articles prohibited importation pending risk evaluation.
319.59-4 Karnal bunt.
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.
[[Page 282]]
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.
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. 450 and 7701-7772 and 7781-7786; 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_Requests To Amend The Regulations
Sec. 319.5 Requirements for submitting requests to change the
regulations in 7 CFR part 319.
(a) Definitions.
Commodity. A plant, plant product, or other agricultural product
being moved for trade or other purpose.
(b) Procedures for submitting requests and supporting information.
Persons who request changes to the import regulations contained in this
part and who wish to import plants, plant parts, or plant products that
are not allowed importation under the conditions of this part must file
a request with the Animal and Plant Health Inspection Service (APHIS) in
order for APHIS to consider whether the new commodity can be safely
imported into the United States. The initial request can be formal
(e.g., a letter) or informal (e.g., made during a bilateral discussion
between the United States and another country), and can be made by any
person. Upon APHIS confirmation that granting a person's request would
require amendments to the regulations in this part, the national plant
protection organization of the country from which the commodity would be
exported must provide APHIS with the information listed in paragraph (d)
of this section before APHIS can proceed with its consideration of the
request; requests that are not supported with this information in a
timely manner will be considered incomplete and APHIS may not take
further action on such requests until all required information is
submitted.
(c) Addresses. The national plant protection organization of the
country from which commodities would be exported must submit the
information listed in paragraph (d) of this section to: Commodity Import
Analysis and Operations, PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737.
(d) Information. The following information must be provided to APHIS
in order for APHIS to consider a request to change the regulations in
part 319:
(1) Information about the party submitting the request. The address,
telephone and fax numbers, and e-mail addresses of the national plant
protection organization of the country from which commodities would be
exported; or, for requests that address a multi-country region, the
address, telephone and fax numbers, and e-mail addresses of the
exporting countries' national and regional plant protection plant
protection organizations.
(2) Information about the commodity proposed for importation into
the United States. (i) A description and/or map of the specific
location(s) of the areas in the exporting country where the plants,
plant parts, or plant products are produced;
(ii) The scientific name (including genus, species, and author
names), synonyms, and taxonomic classification of the commodity;
(iii) Identification of the particular plant or plant part (i.e.,
fruit, leaf, root, entire plant, etc.) and any associated plant part
proposed for importation into the United States;
(iv) The proposed end use of the imported commodity (e.g.,
propagation, consumption, milling, decorative, processing, etc.); and
[[Page 283]]
(v) The months of the year when the commodity would be produced,
harvested, and exported.
(3) Shipping information: (i) Detailed information as to the
projected quantity and weight/Volume of the proposed importation, broken
down according to varieties, where applicable, and;
(ii) Method of shipping in international commerce and under what
conditions, including type of conveyance, and type, size, and capacity
of packing boxes and/or shipping containers.
(4) Description of pests and diseases associated with the commodity
\1\ (i) Scientific name (including genus, species, and author names) and
taxonomic classification of arthropods, fungi, bacteria, nematodes,
virus, viroids, mollusks, phytoplasmas, spiroplasmas, etc., attacking
the crop;
---------------------------------------------------------------------------
\1\ When a change is being sought to the conditions governing the
importation of a commodity that is already authorized for importation
into the United States, an update to or confirmation of previously
submitted pest and disease information, rather than a new, complete
submission of that information, may be appropriate. Persons seeking such
a change may contact APHIS for a determination as to whether an update
will be appropriate in a particular case.
---------------------------------------------------------------------------
(ii) Plant part attacked by each pest, pest life stages associated
with each plant part attacked, and location of pest (in, on, or with
commodity); and
(iii) References.
(5) Current strategies for risk mitigation or management. (i)
Overview of agronomic or horticultural management practices used in
production of the commodity, including methods of pest risk mitigation
or control programs; and
(ii) Identification of parties responsible for pest management and
control.
(e) Additional information. None of the additional information
listed in this paragraph need be provided at the same time as
information required under paragraphs (a) through (d) of this section;
it is required only upon request by APHIS. If APHIS determines that
additional information is required in order to complete a pest risk
analysis in accordance with international standards for pest risk
analysis, we will notify the party submitting the request in writing
what specific additional information is required. If this information is
not provided, and is not available to APHIS from other sources, a
request may be considered incomplete and APHIS may be unable to take
further action on the request until the necessary additional information
is submitted. The additional information may include one or more of the
following types of information:
(1) Contact information: Address, phone and fax numbers, and/or e-
mail address for local experts (e.g., academicians, researchers,
extension agents) most familiar with crop production, entomology, plant
pathology, and other relevant characteristics of the commodity proposed
for importation.
(2) Additional information about the commodity: (i) Common name(s)
in English and the language(s) of the exporting country;
(ii) Cultivar, variety, or group description of the commodity;
(iii) Stage of maturity at which the crop is harvested and the
method of harvest;
(iv) Indication of whether the crop is grown from certified seed or
nursery stock, if applicable;
(v) If grown from certified seed or stock, indication of the origin
of the stock or seed (country, State); and
(vi) Color photographs of plant, plant part, or plant product
itself.
(3) Information about the area where the commodity is grown: (i)
Unique characteristics of the production area in terms of pests or
diseases;
(ii) Maps of the production regions, pest-free areas, etc.;
(iii) Length of time the commodity has been grown in the production
area;
(iv) Status of growth of production area (i.e., acreage expanding or
stable); and
(v) Physical and climatological description of the growing area.
(4) Information about post-harvest transit and processing: (i)
Complete description of the post-harvest processing methods used; and
(ii) Description of the movement of the commodity from the field to
processing to exporting port (e.g., method of conveyance, shipping
containers, transit routes, especially through different pest risk
areas).
[[Page 284]]
(5) Shipping methods: (i) Photographs of the boxes and containers
used to transport the commodity; and
(ii) Identification of port(s) of export and import and expected
months (seasons) of shipment, including intermediate ports-of-call and
time at intermediate ports-of-call, if applicable.
(6) Additional description of all pests and diseases associated with
the commodity to be imported: (i) Common name(s) of the pest in English
and local language(s);
(ii) Geographic distribution of the pest in the country, if it is a
quarantine pest and it follows the pathway;
(iii) Period of attack (e.g., attacks young fruit beginning
immediately after blooming) and records of pest incidence (e.g.,
percentage of infested plants or infested fruit) over time (e.g., during
the different phenological stages of the crops and/or times of the
year);
(iv) Economic losses associated with pests of concern in the
country;
(v) Pest biology or disease etiology or epidemiology; and
(vi) Photocopies of literature cited in support of the information
above.
(7) Current strategies for risk mitigation or management: (i)
Description of pre-harvest pest management practices (including target
pests, treatments [e.g., pesticides], or other control methods) as well
as evidence of efficacy of pest management treatments and other control
methods;
(ii) Efficacy of post-harvest processing treatments in pest control;
(iii) Culling percentage and efficacy of culling in removing pests
from the commodity; and
(iv) Description of quality assurance activities, efficacy, and
efficiency of monitoring implementation.
(8) Existing documentation: Relevant pest risk analyses,
environmental assessment(s), biological assessment(s), and economic
information and analyses.
(f) Availability of additional guidance. Information related to the
processing of requests to change the import regulations contained in
this part may be found on the APHIS Web site at http://
www.aphis.usda.gov/ppq/pra/.
(Approved by the Office of Management and Budget under control number
0579-0261)
[71 FR 30567, May 30, 2006]
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
[[Page 285]]
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 or she 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 or she 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.
(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; 71 FR 10605, Mar.
2, 2006]
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
[[Page 286]]
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 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
[[Page 287]]
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 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 Sec. Sec. 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 Sec. Sec. 319.8-6 through 319.8-20.
Persons desiring to import cotton or covers under Sec. Sec. 319.8-6
through 319.8-20 shall, in advance of departure of such material from a
foreign port, submit to the Plant Protection and Quarantine Programs an
application \2\ stating the name and address of the importer, the
country from which such material is to be imported, and the kind of
cotton or covers it is desired to import. Applications to import
cottonseed shall state the approximate quantity and the proposed United
States port of entry. Applications to import lint, linters, or waste
shall state whether such materials are compressed.
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\2\ Applications for permits should be made to Plant Importations
Branch, Plant Protection and Quarantine Programs, 209 River Street,
Hoboken, N.J. 07030.
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(b) Applications to import lint, linters, or waste at a port \3\
other than one in the North, in California, or on the Mexican Border
shall also specify whether the commodity is compressed to high density.
---------------------------------------------------------------------------
\3\ Including ports in Guam, Hawaii, Puerto Rico, and the Virgin
Islands of the United States.
---------------------------------------------------------------------------
(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
[[Page 288]]
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 Sec. Sec.
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 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 or she 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 or she 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; 70
FR 33324, June 7, 2005]
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
[[Page 289]]
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 the inspector from
administratively authorized procedures known to be effective under the
conditions under which the safeguards are applied.
[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005]
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.
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
[[Page 290]]
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 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
[[Page 291]]
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
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 Sec. Sec. 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
[[Page 292]]
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) 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,
[[Page 293]]
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.
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 Sec. Sec.
319.8-6 through 319.8-10 and Sec. Sec. 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 Sec. Sec. 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 Sec. Sec. 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
[[Page 294]]
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 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 Sec. Sec. 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.
[[Page 295]]
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 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 or
her 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 or her 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 or
her agent.
[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005]
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
[[Page 296]]
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, 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 Sec. Sec.
319.40-1 through 319.40-11 may be imported into the United States in
[[Page 297]]
accordance with Sec. Sec. 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 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
[[Page 298]]
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 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
(Sec. Sec. 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
[[Page 299]]
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
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.
(4) Seeds and processed peel of fruits designated in this section
are excluded from this prohibition. Such seeds, however, are subject to
the requirements of Sec. Sec. 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 mandarin, 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) To be eligible for importation into Arizona, California,
Florida, Hawaii, Louisiana, or Texas, each shipment of
[[Page 300]]
oranges grown on Honshu Island or Shikoku 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. Fumigation
will not be required for shipments of oranges grown on Honshu Island or
Shikoku Island, Japan, that are to be imported into States other than
Arizona, California, Florida, Hawaii, Louisiana, or Texas.
(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 that is located in an
area of the United States into which their importation is authorized.
The following importation restrictions apply:
(i) Unshu oranges from Honshu Island or Shikoku Island, Japan, that
have been fumigated in accordance with paragraph (b)(5) of this section
may be imported into any area of the United States except American
Samoa, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin
Islands.
(ii) Unshu oranges from Honshu Island or Shikoku Island, Japan, that
have not been fumigated in accordance with paragraph (b)(5) of this
section; Unshu oranges from Kyushu Island, Japan (Prefectures of
Fukuoka, Kumanmoto, Nagasaki, and Saga only); and Unshu oranges from
Cheju Island, Republic of Korea, may be imported into any area of the
United States except American Samoa, Arizona, California, Florida,
Hawaii, Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, and
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
[[Page 301]]
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; 68
FR 9853, Mar. 3, 2003; 69 FR 9744, Mar. 2, 2004]
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; 60 FR 27674, May 25, 1995, unless
otherwise noted.
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 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.
[[Page 302]]
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 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
[[Page 303]]
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.
Production site. A defined portion of a place of production utilized
for the production of a commodity that is managed separately for
phytosanitary purposes. This may include the entire place of production
or portions of it. Examples of portions of places of production are a
defined orchard, grove, field, greenhouse, screenhouse, or premises.
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 Sec. Sec. 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 any prohibited articles listed in Sec. 319.37-
2(a) or (b) of this subpart, and excluding any articles regulated in 7
CFR 319.8 through 319.24-5 or 319.41 through 319.74-4.
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; 69 FR 21946, Apr. 23,
2004; 69 FR 61586, Oct. 20, 2004]
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 304]]
----------------------------------------------------------------------------------------------------------------
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.
Cote d'Ivoire, 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)... Czech Republic, Germany, Horsechestnut variegation or yellow mosaic
Romania, Slovakia, 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.
Burkina Faso, Cote d'Ivoire, Peanut clump virus. Indian peanut clump
Senegal India. 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 305]]
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)........... Cote d'Ivoire, Nigeria.......... Okra mosaic virus.
Borassus spp. (palmyra palm).... All............................. A diversity of diseases including but not
limited to: Lethal yellowing disease;
Cadang-cadang disease.
Brugmansia spp.................. Colombia........................ Datura Columbia virus.
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) All except from Jamaica or Costa A diversity of diseases including but not
(including seed) (Coconut seed Rica if meeting the conditions limited to: lethal yellowing disease;
without husk or without milk for importation in Sec. cadang-cadang disease.
may be imported into the United 319.37-5(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).
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
Crocosmia spp. (montebretia), Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
except bulbs in commercial Malta, Mauritius, Portugal.
shipments.
[[Page 306]]
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...................... India........................... Datura distortion or enation mosaic virus.
Datura spp. (woody species)..... (See Brugmansia spp.)...........
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).
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
Gladiolus spp. (gladiolus), Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
except bulbs in commercial Malta, Mauritius, Portugal.
shipments.
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.
Hydrangea spp. (hydrangea)...... Japan........................... Aecidium hydrangeae-paniculatea Dietel.
[[Page 307]]
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, Germany, Great Britain. Jasmine variegation diseases.
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).
Leucanthemella serotina......... Argentina, Brazil, Canary Puccina horiana P. Henn. (white rust of
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.
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).
[[Page 308]]
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.
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 All except Guimaras Island Sternochetus mangiferae F. (mango seed
only. (Prohibition not (Republic of the Philippines) weevil).
applicable to seeds imported and North and South America
into Guam, Hawaii, and the (excluding Barbados, the
Northern Mariana Islands). British Virgin Islands,
Dominica, French Guiana,
Grenada, Guadeloupe,
Martinique, St. Lucia, St.
Vincent and the Grenadines, and
Trinidad and Tobago).
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.
Nipponanthemum nipponicum....... Argentina, Brazil, Canary Puccina horiana P. Henn. (white rust of
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.
Pelargonium spp. not meeting the All............................. Potato brown rot (Ralstonia solanacearum
conditions for importation in race 3 biovar 2).
Sec. 319.37-5(r).
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.
[[Page 309]]
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.
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)............. Belgium, Germany, Great Britain, Erwinia salicis (Day) Chester (Watermark
Japan, and the Netherlands. disease).
Seeds of all kinds when in pulp. All except Canada............... Fruit flies, or other injurious insects.
[[Page 310]]
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)).
Solanum spp. not meeting the All............................. Potato brown rot (Ralstonia solanacearum
conditions for importation in race 3 biovar 2).
Sec. 319.37-5(r).
Sorbus spp. (mountain ash)...... Czech Republic, Denmark, Mountain ash variegation or ringspot mosaic
Germany, Slovakia. 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).
Argentina, Uruguay.............. U. gladioli P. Henn. (rust).
Watsonia spp. (bugle lily), Africa, Brazil, France, Italy, U. transversalis (Thuem.) Wint. (rust).
except bulbs in commercial Malta, Mauritius, Portugal.
shipments.
Zizania spp. (wild rice) seed All except Canada............... Xanthomonas campestris pv. oryzae (Ishiyama)
only (all other Zizania Dye.
articles are included under
Poaceae).
----------------------------------------------------------------------------------------------------------------
[[Page 311]]
(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
[[Page 312]]
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; 68 FR 28118, May 23,
2003; 68 FR 50043, Aug. 20, 2003]
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;
(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)); and
(18) Small lots of seed imported in accordance with Sec. 319.37-
4(d) of this subpart.
(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;
[[Page 313]]
(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 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; 69 FR 61586, Oct. 20, 2004; 71 FR
19101, Apr. 13, 2006]
Sec. 319.37-4 Inspection, treatment, and phytosanitary certificates of
inspection.
(a) Phytosanitary certificates of inspection. Except for small lots
of seed imported in accordance with paragraph (d) of this section, 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 part 305 of this
chapter 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.
(c) Greenhouse-grown plants from Canada. A greenhouse-grown
restricted plant may be imported from Canada if the Plant Health and
Production Division of the Canadian Food Inspection
[[Page 314]]
Agency (CFIA) signs a written agreement with the Animal and Plant Health
Inspection Service allowing such importation, and provided that the
following conditions are met:
(1) The Plant Health and Production Division of CFIA shall:
(i) Eliminate individual inspections and phytosanitary certification
of each 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 Health and Production Division, Canadian Food Inspection Agency.''
The Plant Health and Production Division, CFIA, shall also ensure that
the label is placed on the 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 Health and Production Division of CFIA
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 1 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 Health and Production
Division of CFIA or an authorized representative of the Secretary of
Agriculture;
(ii) Apply to an airway bill, bill of lading, or delivery ticket for
plants to be shipped to the United States a label issued by CFIA that
includes the identification number assigned to the grower by the Plant
Health and Production Division, CFIA, 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 Health and Production Division,
Canadian Food inspection Agency.''; and
(iii) Use pest control practices approved by Plant Protection and
Quarantine and the Plant Health and Production Division of CFIA to
exclude pests from the greenhouses.
(d) Small lots of seed. Lots of seed may be imported without a
phytosanitary certificate required by paragraph (a) of this section
under the following conditions:
(1) The importation of the seed is authorized by a written permit
issued in accordance with Sec. 319.37-3.
(2) The seed is not of any prohibited genera listed in Sec. 319.37-
2; is not of any noxious weed species listed in part 360 of this
chapter; does not require an additional declaration on a phytosanitary
certificate in accordance with Sec. 319.37-5; does not require
treatment in accordance with Sec. 319.37-6; is not restricted under the
regulations in parts 330 and 340 of this chapter; and meets the
requirements of part 361 of this chapter.
(3) The seed meets the following packaging and shipping
requirements:
(i) Each seed packet is clearly labeled with the name of the
collector/shipper, the country of origin, and the scientific name at
least to the genus, and preferably to the species, level;
(ii) There are a maximum of 50 seeds of 1 taxon (taxonomic category
such as genus, species, cultivar, etc.) per packet; or a maximum weight
not to exceed 10 grams of seed of 1 taxon per packet;
(iii) There are a maximum of 50 seed packets per shipment;
(iv) The seeds are free from pesticides;
(v) The seeds are securely packaged in packets or envelopes and
sealed to prevent spillage;
(vi) The shipment is free from soil, plant material other than seed,
other
[[Page 315]]
foreign matter or debris, seeds in the fruit or seed pod, and living
organisms such as parasitic plants, pathogens, insects, snails, mites;
and
(vii) At the time of importation, the shipment is sent to either the
Plant Germplasm Quarantine Center in Beltsville, MD, or a port of entry
listed in Sec. 319.37-14(b) and designated by an asterisk.
(Approved by the Office of Management and Budget under control number
0579-0285)
[57 FR 43148, Sept. 18, 1992, as amended at 67 FR 8465, Feb. 25, 2002;
68 FR 50045, Aug. 20, 2003; 70 FR 33324, June 7, 2005; 71 FR 19101, Apr.
13, 2006]
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 that
portion of the Municipality of Central Saanich in the Province of
British Columbia east of the West Saanich Road), 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, 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
[[Page 316]]
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.
(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 necatrix Prill.
(xliii) Septoria melanosa (Vialla and Ravav) Elenk.
(c) Any restricted article (except seeds) of Chrysanthemum spp.
(chrysanthemum), Dendranthema spp. (chrysanthemum), Leucanthemella
serotina, or Nipponanthemum nipponicum, from any foreign place except
Europe, Argentina, Brazil, Canada, the Canary Islands, Chile, Colombia,
the 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. The phytosanitary certificate of inspection must contain a
declaration that such article 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 of chrysanthemum (caused by the rust fungus
Puccinia horiana P. Henn.) based on visual examination of the parent
stock, the articles for importation, and the greenhouse nursery in which
the articles for importation and the parent stock were 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
[[Page 317]]
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. \6\
---------------------------------------------------------------------------
\6\ 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 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 a 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:
(1) 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 3 meters from the nearest nonindexed Syringa
spp. (lilac), or
(2) Soil that has been sampled and microscopically inspected by the
plant protection service of the Netherlands within 12 months preceding
issuance of the phytosanitary certificate and that has been found free
of the plant parasitic nematodes capable of transmitting European
nepoviruses, including, but not limited to, the Arabis mosaic nepovirus.
(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
[[Page 318]]
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 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
[[Page 319]]
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,
except for plants that are less than 2 years old, 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 of the country
where the plants are grown.
(r) Any restricted article of Pelargonium spp. or Solanum spp.
presented for importation into the United States may not be imported
unless it meets the requirements of this paragraph (r). Seeds are not
subject to the requirements of this paragraph (r).
(1) Any restricted article of Pelargonium spp. or Solanum spp.
imported from Canada under the provisions of the greenhouse-grown
restricted plant program as described in Sec. 319.37-4(c) must be
presented for importation at the port of first arrival in the United
States with a certificate of inspection in the form of a label in
accordance with Sec. 319.37-4(c)(1)(iv).
(2) (i) For any article of Pelargonium spp. or Solanum spp. that
does not meet the requirements of paragraph (r)(1) of this section and
is from a country where Ralstonia solanacearum race 3 biovar 2 is not
known to occur, the phytosanitary certificate of inspection required by
Sec. 319.37-4 must contain an additional declaration that states
``Ralstonia solanacearum race 3 biovar 2 is not known to occur in the
country or area of origin''; Provided, that this additional declaration
is not required on the phytosanitary certificate of inspection
accompanying articles of Solanum spp. from Canada that do not meet the
requirements of paragraph (r)(1) of this section.
(ii) For any article of Pelargonium spp. or Solanum spp. that does
not meet the requirements of paragraph (r)(1) of this section and is
from an area that has been established as free of Ralstonia solanacearum
race 3 biovar 2 in accordance with International Standards for
Phytosanitary Measures Publication No. 4, ``Requirements for the
Establishment of Pest Free Areas,'' which is incorporated by reference
at Sec. 300.5 of this chapter, the phytosanitary certificate required
by Sec. 319.37-4 must contain an additional declaration that states
``This article is from an area that has been established as free of
Ralstonia solanacearum race 3 biovar 2.''
(3) Any article of Pelargonium spp. or Solanum spp. that is from a
country or area where Ralstonia solanacearum race 3 biovar 2 is known to
occur must meet the following requirements:
(i) The national plant protection organization of the country in
which the
[[Page 320]]
articles are produced (the NPPO) must have entered into a bilateral
workplan with APHIS. This bilateral workplan must set out conditions for
monitoring the production of articles of Pelargonium spp. and Solanum
spp., for enforcement of the requirements of this paragraph (r)(3), and
for the establishment of a trust fund as provided for in paragraph
(r)(3)(xv) of this section.
(ii) The production site where the articles of Pelargonium spp. and
Solanum spp. intended for export to the United States are produced must
be registered with and certified by both APHIS and the NPPO. As part of
the certification process, production sites must be initially approved
and thereafter visited at least once a year by APHIS and the NPPO to
verify compliance with the requirements of this paragraph (r)(3).
(iii) The production site must conduct ongoing testing for R.
solanacearum race 3 biovar 2. Only articles of Pelargonium spp. and
Solanum spp. from a group of articles that has been tested according to
an APHIS-approved testing protocol with negative results for the
presence of R. solanacearum race 3 biovar 2 may be used in production
and export. Records of the testing must be kept for two growing seasons
and made available to representatives of APHIS and of the NPPO. All
testing procedures must be approved by APHIS.
(iv) Each greenhouse on the production site must be constructed in a
manner that ensures that runoff water from areas surrounding the
greenhouses cannot enter the greenhouses. The greenhouses must be
surrounded by a 1-meter buffer that is sloped so that water drains away
from the greenhouses.
(v) Dicotyledonous weeds must be controlled both within each
greenhouse on the production site and around it. The greenhouses on the
production site and the 1-meter buffer surrounding them must be free of
dicotyledonous weeds.
(vi) All equipment that comes in contact with articles of
Pelargonium spp. or Solanum spp. within the production site must be
adequately sanitized so that R. solanacearum race 3 biovar 2 cannot be
transmitted between plants or enter from outside the production site via
the equipment.
(vii) Production site personnel must adequately sanitize their
clothing and shoes and wash their hands before entering the production
site to prevent the entry of R. solanacearum race 3 biovar 2 into the
production site.
(viii) Growing media for articles of Pelargonium spp. and Solanum
spp. must be free of R. solanacearum race 3 biovar 2. Growing media and
containers for articles of Pelargonium spp. and Solanum spp. must not
come in contact with growing media that could transmit R. solanacearum
race 3 biovar 2 and must be grown in an APHIS-approved growing medium.
(ix) Water used in maintenance of the plants at the production site
must be free of R. solanacearum race 3 biovar 2. The production site
must either derive the water from an APHIS-approved source or treat the
water with an APHIS-approved treatment before use.
(x) Growing media at the production site must not come in direct
contact with any water source, such as an emitter or a hose end. If a
drip irrigation system is used, backflow devices must be installed to
prevent any R. solanacearum race 3 biovar 2 that may be present from
spreading to the rest of the production site through the irrigation
system. Ebb and flow irrigation may not be used.
(xi) Production site personnel must be educated regarding the
various pathways through which R. solanacearum race 3 biovar 2 can be
introduced into a production site and must be trained to recognize
symptoms of R. solanacearum race 3 biovar 2 infection in articles of
Pelargonium spp. or Solanum spp. in the production site.
(xii) Articles of Pelargonium spp. or Solanum spp. produced for
export within an approved production site must be handled and packed in
a manner adequate to prevent the introduction of R. solanacearum race 3
biovar 2. The articles must be labeled with information indicating the
production site from which the articles originated.
(xiii) If R. solanacearum race 3 biovar 2 is found in the production
site or in consignments from the production site, the production site
will be ineligible to export articles of Pelargonium spp. or
[[Page 321]]
Solanum spp. to the United States. A production site may be reinstated
if a reinspection reveals that the production site is free of R.
solanacearum race 3 biovar 2 and all problems in the production site
have been addressed and corrected to the satisfaction of APHIS.
(xiv) The phytosanitary certificate of inspection required by Sec.
319.37-4 that accompanies these articles must contain an additional
declaration that states ``These articles have been produced in
accordance with the requirements in 7 CFR 319.37-5(r)(3).''
(xv) The government of the country in which the articles are
produced must enter into a trust fund agreement with APHIS before each
growing season. The government of the country in which the articles are
produced 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 paragraph (r)(3) of this section. These
costs will include administrative expenses incurred in conducting the
services enumerated in paragraph (r)(3) 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 the country in which the articles are produced 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 the country in which the
articles are produced 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 the country
in which the articles are produced or its designated representative or
held on account until needed.
(s) Any restricted article (except seeds) of Pinus spp. from Canada
may be imported into the United States only if it meets the following
requirements, as well as all other applicable requirements of this
subpart, to prevent the introduction of pine shoot beetle (Tomicus
piniperda):
(1) From noninfested Canadian Provinces to all areas of the United
States. Restricted articles that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the Canadian Food Inspection Agency (CFIA), may be
imported into any area of the United States only if:
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the restricted articles originated
and, if applicable, the Province or Provinces they were moved through,
if different from the Province of origin;
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the restricted articles or,
if applicable, on the outer covering, packaging, or container; and
(iii) If the restricted articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is 10 [deg]C (50 [deg]F)
or higher, the restricted articles are 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.
(2) From infested or partially infested Canadian Provinces to U.S.
infested areas. Restricted articles that originated in or were moved
through a Canadian Province that is considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the CFIA, and are destined for and will be moved only
through areas in the United States quarantined for pine shoot beetle, as
provided in Sec. 301.50-3 of this chapter, may be imported into the
United States only if:
[[Page 322]]
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the articles originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin; and
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the restricted articles or,
if applicable, on the outer covering, packaging, or container.
(3) From infested or partially infested Canadian Provinces to or
through U.S. noninfested areas. Restricted articles that originated in
or were moved through a Canadian Province that is considered to be
infested or partially infested with pine shoot beetle (Tomicus
piniperda), as determined by the CFIA, and are destined for or will be
moved through an area in the United States that is not quarantined for
pine shoot beetle, as provided in Sec. 301.50-3 of this chapter, may be
imported into the United States only if:
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the restricted articles originated
and, if applicable, the Province or Provinces they were moved through,
if different from the Province of origin. The treatment section of the
phytosanitary certificate of inspection must indicate that the
restricted articles have been treated with methyl bromide to kill the
pine shoot beetle (Tomicus piniperda) in accordance with the applicable
provisions of part 305 of this chapter; or alternatively, in lieu of
methyl bromide treatment, the phytosanitary certificate of inspection
must contain one of the following additional declarations:
(A) ``These restricted articles were grown on a plantation that has
a program to control or eradicate pine shoot beetle (Tomicus piniperda)
and have been inspected and are considered to be free from pine shoot
beetle (Tomicus piniperda)''; or
(B) ``These restricted articles originated in an area where pine
shoot beetle (Tomicus piniperda) is not considered to be present, as
determined by the CFIA''; or
(C) ``These restricted articles have been 100 percent inspected and
found to be free from pine shoot beetle (Tomicus piniperda)''; or
(D) ``Based on inspection, the restricted articles are no greater
than 36 inches high with a bole diameter at soil level of 1 inch or
less.''
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the articles or, if
applicable, on the outer covering, packaging, or container.
(iii) If the restricted articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is 10 [deg]C (50 [deg]F)
or higher, the restricted articles must be shipped in an enclosed
vehicle or completely covered (such as with plastic canvas, or other
closely woven cloth) so as to prevent access by pine shoot beetle.
(Approved by the Office of Management and Budget under control numbers
0579-0049, 0579-0176, 0579-0221, 0579-0246, and 0579-0257)
[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; 68
FR 28119, May 23, 2003; 68 FR 37915, June 25, 2003; 68 FR 50045, Aug.
20, 2003; 69 FR 2490, Jan. 16, 2004; 69 FR 21946, Apr.23, 2004; 69 FR
61586, Oct. 20, 2004; 70 FR 33324, June 7, 2005; 70 FR 41092, July 15,
2005; 70 FR 61361, Oct. 24, 2005; 70 FR 72068, Dec. 1, 2005]
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 part 305 of
this chapter.
(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
[[Page 323]]
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
part 305 of this chapter.
(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
part 305 of this chapter.
(d) Seeds of Guizotia abyssinica (niger seed) are allowed entry only
if:
(1) They are treated in accordance with part 305 of this chapter at
the time of arrival at the port of first arrival in the United States;
or
(2) They are treated prior to shipment to the United States at a
facility that is approved by APHIS \8\ and that operates in compliance
with a written agreement between the treatment facility owner and the
plant protection service of the exporting country, in which the
treatment facility owner agrees to comply with the provisions of this
section and allow inspectors and representatives of the plant protection
service of the exporting country access to the treatment facility as
necessary to monitor compliance with the regulations. Treatments must be
certified in accordance with the conditions described in Sec. 319.37-
13(c).
---------------------------------------------------------------------------
\8\ Criteria for the approval of niger seed treatment facilities are
contained in the PPQ Treatment Manual, which is incorporated by
reference at Sec. 300.1 of this chapter.
---------------------------------------------------------------------------
(e) Seeds of all species of the plant family Rutaceae from
Afghanistan, Andaman Islands, Argentina, Bangladesh, Brazil, Caroline
Islands, Comoro Islands, Cote d'Ivoire, Fiji Islands, Gabon, Home Island
in Cocos (Keeling) Islands, Hong Kong, India, Indonesia, Iran, Japan,
Kampuchea, Korea, Madagascar, Malaysia, Mauritius, Mozambique, Myanmar,
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
part 305 of this chapter.
[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; 68 FR 50046, Aug. 20,
2003; 70 FR 33324, June 7, 2005; 70 FR 40879, July 15, 2005]
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:
(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,
[[Page 324]]
(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, Czech
Republic, Germany, Romania,
Slovakia, 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, Cote
d'Ivoire, and Nigeria.
Bromeliaceae (bromeliads) destined to All.
Hawaii.
Brugmansia spp............................ All except Canada and
Colombia.
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 and India.
Datura spp. (woody species)............... (See Brugmansia spp.)
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.
Leucanthemella serotina................... All except Argentina,
Brazil, 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.
Ligustrum spp. (privet)................... All except Canada and
Europe.
[[Page 325]]
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.
Nipponanthemum nipponicum................. All except Argentina,
Brazil, 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.
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................................. All except Canada, Europe,
and New Zealand.
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)....................... All of Europe (except
Belgium, Germany, 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
[[Page 326]]
Macadamia-- macadamia nut, queensland nut
Malpighia-- Barbados cherry
Mammea-- mammeapple, mamey
Mangifera-- mango
Manilkara-- sapodilla
Melicoccus-- honeyberry, mamoncilla, spanish lime, genip
Nephelium-- rambutan, pulasan
Olea-- olive
Persea-- avocado, alligator pear
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: All U.S. States and
Territories, except the District of Columbia, Guam, Hawaii, Kansas, and
the Northern Mariana Islands.
(ii) [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 not known 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,
[[Page 327]]
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.
(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 the coordinator,
Postentry Quarantine Unit, USDA, APHIS, PPQ, Building 580, BARC-East,
Beltsville, MD 20705;
(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 other plant or plant
product by no less than 3 meters (approximately 10 feet) unless such
other plant or plant product is of the same genus as the article,
entered postentry quarantine with the article, and arrived together with
the article in a single shipment from a foreign region;
(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 in postentry
quarantine for a period of 2 years unless specified otherwise in the
following:
(i) 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.
[[Page 328]]
(ii) To grow the article or increase therefrom, if an article of
Chrysanthemum spp., Dendranthema spp., Leucanthemella serotina,
Nipponanthemum nipponicum, or Dianthus spp. (carnation, sweet-william),
only in a greenhouse or other enclosed building, and to comply with the
above conditions for a period of 6 months after importation for an
article of Chrysanthemum spp., Dendranthema spp., Leucanthemella
serotina, Nipponanthemum nipponicum, and for a period of 1 year after
importation for an article of Dianthus spp. (carnation, sweet-william).
(iii) To grow the article or increase therefrom, if an article of
Humulus spp. (hops), a meristem culture of the imported plant will be
observed for 6 months, and the original plant will be destroyed after
the meristem culture is established. After the 6-month observation, the
meristem culture-generated plant must remain in postentry quarantine for
an additional year.
(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
[[Page 329]]
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. 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; 68 FR 50046, Aug. 20, 2003; 70 FR 33324, June 7, 2005]
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 restricted 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 restricted
article was grown that declares that the restricted article meets the
conditions of this paragraph:
Alstroemeria
Ananas \10\
---------------------------------------------------------------------------
\10\ These articles are bromeliads, and if imported into Hawaii,
bromeliads are subject to postentry quarantine in accordance with Sec.
319.7-7.
---------------------------------------------------------------------------
Anthurium
Artificially dwarfed (penjing) plants from the People's Republic of
China of the following plant species: Buxus sinica, Ehretia microphylla,
Podocarpus macrophyllus, Sageretia thea, and Serissa foetida.
Begonia
Gloxinia (=Sinningia)
Nidularium \11\
---------------------------------------------------------------------------
\11\ See footnote 10.
---------------------------------------------------------------------------
Peperomia
Phalaenopsis spp. from Taiwan
Polypodiophyta (=Filicales) (ferns)
Rhipsalidopsis spp. from the Netherlands and Denmark
Rhododendron from Europe
Saintpaulia
Schlumbergera spp. from the Netherlands and Denmark.
(1) Approved growing media are baked expanded clay pellets, coal
cinder, coir, cork, glass wool, organic and inorganic fibers, peat,
perlite, phenol formaldehyde, plastic particles, polyethylene, polymer
stabilized starch, polystyrene, polyurethane, rock wool, sphagnum moss,
ureaformaldehyde, stockosorb superabsorbent polymer, vermiculite,
volcanic rock, or zeolite, or any combination of these media.
[[Page 330]]
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 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;
(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
[[Page 331]]
(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); and
(xi) Plants of the species Buxus sinica, Ehretia microphylla,
Podocarpus macrophyllus, Sageretia thea, and Serissa foetida from the
People's Republic of China must also meet the following conditions:
(A) Propagative cuttings. The propagative materials used to produce
the artificially dwarfed (penjing) plants may enter an approved
greenhouse only as seeds, tissue cultures, unrooted cuttings, or rooted
cuttings with no growing media. Rooted cuttings may not be established
or grown in soil at any time. Rooted cuttings may be established in a
greenhouse or outside the greenhouse on raised benches (46 cm in height)
in pots containing only APHIS approved growing media.
(B) Inspection and treatment. When any cuttings are introduced into
the greenhouse, they must be free of growing media, inspected, and found
free of plant pests and then treated with a pesticide dip approved by
the Animal and Plant Quarantine Service of the People's Republic of
China that will control mites, scale insects, whiteflies, thrips, and
fungi. The artificially dwarfed (penjing) plants must be propagated from
mother plants that have been visually inspected by an APHIS inspector or
an inspector of the Animal and Plant Quarantine Service of the People's
Republic of China and found free of the following pests:
(1) For Buxus sinica: Guignardia miribelii, Macrophoma ehretia,
Meliola buxicola, and Puccinia buxi.
(2) For Ehretia microphylla: Macrophoma ehretia, Phakopsora
ehretiae, Pseudocercosporella ehretiae, Pseudocercospora ehretiae-
thyrsiflora, Uncinula ehretiae, Uredo ehretiae, and Uredo garanbiensis.
(3) For Podocarpus macrophyllus: Pestalosphaeria jinggangensis,
Pestalotia diospyri, Phellinus noxius, and Sphaerella podocarpi.
(4) For Sageretia thea: Aecidium sageretiae.
(5) For Serissa foetida: Melampsora serissicola.
(C) Growing. The artificially dwarfed (penjing) plants must be grown
in an approved greenhouse for at least 6 months immediately prior to
export.
(D) Additional treatments. While in the greenhouse, plants must be
treated with appropriate pesticides at least once every 10 days or as
needed for three months before shipping to maintain a pest-free
condition.
(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;
(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);
[[Page 332]]
(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. The Animal and Plant Health Inspection Service will conduct a
pest risk assessment based on pest risk analysis guidelines established
by the International Plant Protection Convention of the United Nations'
Food and Agriculture Organization in response to each request to allow
the importation of additional taxa of plants in growing media. These
guidelines are available upon request by writing to USDA, APHIS, PPQ,
Center for Plant Health Science and Technology, Plant Epidemiology and
Risk Assessment Laboratory, 1017 Main Campus Drive, Suite 2500, Raleigh,
NC 27606.
(Approved by the Office of Management and Budget under control number
0579-0266)
[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; 68 FR 50047, Aug. 20, 2003; 68
FR 60617, Oct. 23, 2003; 69 FR 2490, Jan. 16, 2004; 69 FR 24936, May 5,
2004; 70 FR 33324, June 7, 2005; 71 FR 16198, Mar. 31, 2006]
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.
Stockosorb superabsorbent polymer
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; 68 FR 50047, Aug. 20, 2003]
Sec. 319.37-10 Marking and identity.
(a) Any restricted article for importation other than by mail, at
the time
[[Page 333]]
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; treatments applied outside the United States.
(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 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
[[Page 334]]
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.
(c) Any treatment performed outside the United States must be
monitored and certified by an APHIS inspector or an official from the
plant protection service of the exporting country. If monitored and
certified by an official of the plant protection service of the
exporting country, then a phytosanitary certificate must be issued with
the following declaration: ``The consignment of (fill in botanical name)
has been treated in accordance with the Plant Protection and Quarantine
Treatment Manual.'' During the entire interval between treatment and
export, the consignment must be stored and handled in a manner that
prevents any infestation by pests and Federal noxious weeds.
[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; 68 FR 50047,
Aug. 20, 2003; 70 FR 33324, June 7, 2005]
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.
[[Page 335]]
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)
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
Hartsfield Atlanta International Airport, Atlanta, GA 30320.
Savannah
U.S. Court House & Federal Building, room B-9, 125-126 Bull Street, P.O.
Box 9268, Savannah, GA 31402.
guam
* Agana
Guam International Airport, Tamuning, GU 96931.
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.
[[Page 336]]
(Airport)
O'Hare International Arrivals Building, P.O. Box 66192, Chicago, IL
60666.
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.
[[Page 337]]
ohio
Cleveland
Federal Building, room 1749, 1240 East 9th Street, Cleveland, OH 44199.
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.
[[Page 338]]
Roma
International Bridge, P.O. Box 185, Roma, TX 78584.
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; 68 FR 50048, Aug. 20, 2003; 68 FR 70423, Dec. 18, 2003; 69 FR
5673, Feb. 5, 2004]
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.
Fines. Small particles or fragments of wood, slightly larger than
sawdust,
[[Page 339]]
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 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).
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.
Regulated wood packaging material. Wood packaging material other
than manufactured wood materials, loose wood packing materials, and wood
pieces less than 6 mm thick in any dimension, that are used or for use
with cargo to prevent damage, including, but not limited to, dunnage,
crating, pallets, packing blocks, drums, cases, and skids.
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.
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 340]]
Statement of origin and movement. A signed, accurate statement
certifying the area or areas where the regulated articles originated
and, if applicable, the area or areas they were moved through prior to
importation. The statement may be printed directly on the documentation
accompanying the shipment of regulated articles, or it may be provided
on a separate document. The statement does not require the signature of
a public officer of a national plant protection organization; exporters
may sign the document.
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.
Wood packaging material. Wood or wood products (excluding paper
products) used in supporting, protecting or carrying a commodity
(includes dunnage).
[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; 69 FR 55732,
Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR 33324, June 7, 2005]
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 Sec. Sec.
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 Sec. Sec. 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.
[[Page 341]]
(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:
(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, bark
and bark products and logs and pulpwood with bark attached, as well as
cut trees (e.g., Christmas trees), imported from Canada are subject to
the inspection and certification requirements for gypsy moth in Sec.
319.77-4 of this part.
(Approved by the Office of Management and Budget under control number
0579-0049)
[60 FR 27674, May 25, 1995, as amended at 63 FR 13485, Mar. 20, 1998; 64
FR 45866, Aug. 23, 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 61587, Oct.
20, 2004; 71 FR 40878, July 19, 2006]
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. (1) The following articles may be imported
into the United States under general permit:
(i) From Canada: Regulated articles, other than the following:
(A) Regulated articles of the subfamilies Aurantioideae, Rutoideae,
and Toddalioideae of the botanical family Rutaceae, and;
(B) Regulated articles of pine (Pinus spp.) that are not completely
free of bark from Provinces in Canada that are considered to be infested
or partially infested with pine shoot beetle (Tomicus pinniperda), as
determined by the Canadian Food Inspection Agency, and that are moving
to a United States facility operating under a compliance agreement for
specified handling or processing under the provisions of Sec. 319.40-8.
(ii) From States in Mexico adjacent to the United States: Commercial
and noncommercial shipments of mesquite wood for cooking; commercial and
noncommercial shipments of unmanufactured wood for firewood; and small,
noncommercial packages of unmanufactured wood for personal cooking or
personal medicinal purposes.
(2) Commercial shipments allowed in paragraph (a)(1) of this section
are subject to the inspection and other requirements in Sec. 319.40-9
and must be accompanied by an importer document stating that they are
derived from trees harvested in Canada or States in Mexico adjacent to
the United States border.
(3) Noncommercial shipments allowed in paragraph (a)(1) of this
section are subject to inspection and other requirements of Sec.
319.40-9 and must be accompanied by an importer document or oral
declaration stating that they are derived from trees harvested in Canada
or States in Mexico adjacent to the United States border.
(b) Regulated wood packaging material. Regulated wood packaging
material, whether in actual use as packing for regulated or nonregulated
articles or imported as cargo, may be imported into the United States
under a general permit in accordance with the following conditions:
(1) Treatment. The wood packaging material must have been:
(i) Heat treated to achieve a minimum wood core temperature of 56
[deg]C for a minimum of 30 minutes. Such treatment may employ kiln-
drying, chemical pressure impregnation, or other treatments that achieve
this specification through the use of steam, hot water, or dry heat; or,
(ii) Fumigated with methyl bromide in an enclosed area for at least
16 hours at the following dosage, stated in terms of grams of methyl
bromide per cubic meter or pounds per 1,000 cubic feet of the enclosure
being fumigated.
[[Page 342]]
Following fumigation, fumigated products must be aerated to reduce the
concentration of fumigant below hazardous levels, in accordance with
label instructions approved by the U.S. Environmental Protection Agency:
----------------------------------------------------------------------------------------------------------------
Minimum required concentration (g/m\3\
Initial dose and lbs./1,000 c.f.) after:
Temperature ( [deg]C/ [deg]F) (g/m\3\ and -------------------------------------------
lbs./1,000 c.f) 0.5 hrs 2 hrs. 4 hrs. 16 hrs.
----------------------------------------------------------------------------------------------------------------
21/70 or above..................................... 48/3.0 36/2.25 24/1.5 17/1.06 14/0.875
16/61 or above..................................... 56/3.5 42/2.63 28/1.75 20/1.25 17/1.06
11/52 or above..................................... 64/4.0 48/3.0 32/2.0 22/1.38 19/1.19
----------------------------------------------------------------------------------------------------------------
(2) Marking. The wood packaging material must be marked in a visible
location on each article, preferably on at least two opposite sides of
the article, with a legible and permanent mark that indicates that the
article meets the requirements of this paragraph. The mark must be
approved by the International Plant Protection Convention in its
International Standards for Phytosanitary Measures to certify that wood
packaging material has been subjected to an approved measure, and must
include a unique graphic symbol, the ISO two-letter country code for the
country that produced the wood packaging material, a unique number
assigned by the national plant protection agency of that country to the
producer of the wood packaging material, and an abbreviation disclosing
the type of treatment (e.g., HT for heat treatment or MB for methyl
bromide fumigation). The currently approved format for the mark is as
follows, where XX would be replaced by the country code, 000 by the
producer number, and YY by the treatment type (HT or MB):
[GRAPHIC] [TIFF OMITTED] TR16SE04.000
(3) Immediate reexport of regulated wood packaging material without
required mark. An inspector at the port of first arrival may order the
immediate reexport of regulated wood packaging material that is imported
without the mark required by paragraph (b)(2) of this section, in
addition to or in lieu of any port of first arrival procedures required
by Sec. 319.40-9 of this part.
(4) Exception for Department of Defense. Regulated wood packaging
material used by the Department of Defense (DOD) of the U.S. Government
to package nonregulated articles, including commercial shipments
pursuant to a DOD contract, may be imported into the United States
without the mark required by paragraph (b)(2) of this section.
(Approved by the Office of Management and Budget under control numbers
0579-0049 and 0579-0225.)
(c) Loose wood packing materials. APHIS hereby issues a general
permit to import regulated articles authorized
[[Page 343]]
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.
(Approved by the Office of Management and Budget under control numbers
0579-0049 and 0579-0257)
[60 FR 27674, May 25, 1995, as amended at 63 FR 50110, Sept. 18, 1998;
63 FR 69542, Dec. 17, 1998; 69 FR 52418, Aug. 26, 2004; 69 FR 55732,
Sept. 16, 2004; 69 FR 61587, Oct. 20, 2004; 71 FR 57386, Sept. 29, 2006]
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;
(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
[[Page 344]]
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 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.
(Approved by the Office of Management and Budget under control number
0579-0049)
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001; 69
FR 52418, Aug. 26, 2004]
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.
[[Page 345]]
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 regulated wood packaging material 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
regulated wood packaging material 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 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 regulated wood packaging
material 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 regulated wood packaging
[[Page 346]]
material) 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
with a preservative within 30 days following the date of importation at
a U.S. facility under compliance agreement. Cross-ties (railroad ties)
may also be imported if heat treated in accordance with Sec. 319.40-
7(c).
(g) through (k) [Reserved]
(l) Cross-ties (railroad ties) and pine and fir lumber from Mexican
States adjacent to the United States/Mexico border.\3\ Cross-ties
(railroad ties) 8 inches or less at maximum thickness and lumber derived
from pine and fir may be imported from Mexican States adjacent to the
United States/Mexico border into the United States if they:
---------------------------------------------------------------------------
\3\ Cross-ties (railroad ties) may also be imported in accordance
with paragraph (f) of this section, or may be imported if heat treated
in accordance with Sec. 319.40-7(c).
---------------------------------------------------------------------------
(1) Originate from Mexican States adjacent to the United States/
Mexico border;
(2) Are 100 percent free of bark; and
(3) Are fumigated prior to arrival in the United States. The
regulated article and the ambient air must be at a temperature of 5
[deg]C or above throughout fumigation. The fumigation must be conducted
using schedule T312 contained in the Treatment Manual. In lieu of the
schedule T312 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.
(m) Regulated articles of pine (Pinus spp.) that are not completely
free of bark from Canada--(1) Cut pine Christmas
[[Page 347]]
trees. Cut pine Christmas trees from Canada may be imported into the
United States only if they meet the following requirements, as well as
all other applicable requirements of this subpart:
(i) From noninfested Canadian Provinces to all areas of the United
States. Cut pine Christmas trees that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the Canadian Food Inspection Agency (CFIA), may be
imported into any area of the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Canadian Province where the cut pine Christmas trees
originated and, if applicable, the Province or Provinces they were moved
through, if different from the Province of origin, and also states that
the cut pine Christmas trees originated in and were moved only through
areas of Canada not considered to be infested with pine shoot beetle, as
determined by the CFIA;
(B) The U.S. destination (including county and State) is plainly
indicated on the cut pine Christmas trees or on the outer covering or
container; and
(C) If the cut pine Christmas trees are to be moved through an area
of the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is 10 [deg]C (50 [deg]F)
or higher, then the cut pine Christmas trees are shipped in an enclosed
vehicle or completely covered (such as with plastic canvas, or other
closely woven cloth) so as to prevent access by pine shoot beetle.
(ii) From infested or partially infested Canadian Provinces to U.S.
infested areas. Cut pine Christmas trees that originated in or were
moved through a Canadian Province that is considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the CFIA, and are destined for and will be moved only
through areas in the United States that are quarantined for pine shoot
beetle, as provided in Sec. 301.50-3 of this chapter, may be imported
into the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Canadian Province where the cut pine Christmas trees
originated and, if applicable, the Province or Provinces they were moved
through, if different from the Province of origin, and also states that
the cut pine Christmas trees originated in and were moved through one or
more Canadian Provinces considered to be infested or partially infested
with pine shoot beetle, as determined by the CFIA; and
(B) The U.S. destination (including county and State) is plainly
indicated on the cut pine Christmas trees or on the outer covering or
container.
(iii) From infested or partially infested Canadian Provinces to or
through U.S. noninfested areas. Cut pine Christmas trees that originated
in or were moved through a Canadian Province that is considered to be
infested or partially infested with pine shoot beetle, as determined by
the CFIA, and are destined for or will be moved through an area in the
United States that is not quarantined for pine shoot beetle, as provided
in Sec. 301.50-3 of this chapter, may be imported into the United
States only if:
(A) They are accompanied by a certificate that specifies the
Canadian Province where the Christmas trees originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin, and indicates in the treatment
section of the certificate that the Christmas trees have been treated
with methyl bromide to kill the pine shoot beetle; or, alternatively, in
lieu of methyl bromide treatment, the certificate contains one of the
following additional declarations:
(1) ``These regulated articles were grown on a plantation that has a
program to control or eradicate pine shoot beetle (Tomicus piniperda)
and have been inspected and are considered to be free from pine shoot
beetle (Tomicus piniperda)''; or
(2) ``These regulated articles originated in an area where pine
shoot beetle (Tomicus piniperda) is not considered
[[Page 348]]
to be present, as determined by the CFIA''; or
(3) ``These regulated articles have been 100 percent inspected and
found to be free from pine shoot beetle (Tomicus piniperda)''; and
(B) The U.S. destination (including county and State) is plainly
indicated on the Christmas trees or on the outer covering or container;
and
(C) If the Christmas trees are to be moved through an area of the
United States that is quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is higher than 10 [deg]C
(50 [deg]F), the Christmas trees are shipped in an enclosed vehicle or
completely covered (such as with plastic canvas, or other closely woven
cloth) so as to prevent access by pine shoot beetle.
(2) Other pine articles. Regulated articles from Canada (other than
cut pine Christmas trees) that consist of pine bark, including, but not
limited to, chips, nuggets, mulch, and compost, as well as pine products
with pine bark attached, including, but not limited to, logs, lumber,
pulpwood, stumps, and raw pine materials for wreaths and garlands, may
be imported into the United States only if they meet one of the
following requirements, as well as all other applicable requirements of
this subpart:
(i) From Canadian noninfested Provinces to all areas of the United
States. Regulated articles that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle, as determined by the CFIA,
may be imported into any area of the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Province where the regulated articles originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin, and also states that the
regulated articles originated in and were only moved through Provinces
of Canada not considered to be infested or partially infested with pine
shoot beetle, as determined by the CFIA;
(B) The U.S. destination (including county and State) is plainly
indicated on the regulated articles or, if applicable, on the outer
covering, packaging, or container; and
(C) If the regulated articles are to be moved through an area of the
United States that is quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is higher than 10 [deg]C
(50 [deg]F), the regulated articles are shipped in an enclosed vehicle
or completely covered (such as with plastic canvas, or other closely
woven cloth) so as to prevent access by pine shoot beetle.
(ii) From Canadian infested Provinces or partially infested
Provinces to U.S. infested areas. Regulated articles that originated in
or were moved through a Canadian infested or partially infested
Province, as determined by the CFIA, and are destined for and will be
moved only through areas in the United States that are quarantined for
pine shoot beetle, as provided in Sec. 301.50-3 of this chapter, may be
imported into the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the county or municipal regional county and Province where the
articles originated, and if applicable, the counties or municipal
regional counties and Provinces they were moved through, if different
from the county or municipal regional county and Province of origin, and
also states that the regulated articles originated in and were moved
through one or more Provinces of Canada considered to be infested or
partially infested with pine shoot beetle, as determined by the CFIA;
and
(B) The U.S. destination (including county and State) is plainly
indicated on the regulated articles or, if applicable, on the outer
covering, packaging, or container.
(iii) From noninfested areas in partially infested Canadian
Provinces to or
[[Page 349]]
through U.S. noninfested areas. Regulated articles that originated in a
noninfested area county or municipal regional county of a partially
infested Canadian Province, as determined by the CFIA, and were moved
through Canadian noninfested areas only, and are destined for or will be
moved through any area in the United States that is not quarantined for
pine shoot beetle, as provided in Sec. 301.50-3 of this chapter, may
only be imported into the United States if one of the following sets of
conditions is met:
(A) The regulated articles are accompanied by a certificate that
specifies the county or municipal regional county and Province where the
regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The certificate also must contain the following additional
declaration: ``These regulated articles originated in and were moved
only through areas where pine shoot beetle (Tomicus piniperda) is not
present, as determined by the CFIA.'' In addition, the U.S. destination
(including county and State) must be plainly indicated on the regulated
articles or, if applicable, on the outer covering, packaging, or
container. If the regulated articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period of
January through September when the temperature is 10 [deg]C (50 [deg]F)
or higher, the regulated articles must be shipped in an enclosed vehicle
or completely covered (such as with plastic canvas, or other closely
woven cloth) so as to prevent access by pine shoot beetle; or
(B) The regulated articles are consigned to a designated U.S.
facility that operates under a compliance agreement with APHIS in
accordance with Sec. 319.40-8 for specified handling or processing of
the articles. The name and address of the U.S. facility (including
county and State) receiving the regulated articles must be plainly
indicated on the articles or, if applicable, on the outer covering,
packaging, or container. If the regulated articles are to be moved
through an area of the United States quarantined for pine shoot beetle,
as provided in Sec. 301.50-3 of this chapter, en route to an area or
areas in the United States not quarantined for pine shoot beetle during
the period of January through September when the temperature is 10
[deg]C (50 [deg]F) or higher, then the regulated articles also must be
shipped in an enclosed vehicle or completely covered (such as with
plastic canvas, or other closely woven cloth) so as to prevent access by
pine shoot beetle.
(iv) From Canadian infested Provinces or infested areas of partially
infested Provinces to or through U.S. noninfested areas. (A) Regulated
articles that originated in or were moved through either a Canadian
Province considered to be infested with pine shoot beetle or an infested
area within a partially infested Canadian Province, as determined by the
CFIA, and that are destined for or will be moved through any area in the
United States not quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, may only be imported into the United
States if one of the following sets of conditions provided is met:
(1) The regulated articles are accompanied by a certificate that
specifies the county or municipal regional county and Province where the
regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been treated with methyl bromide to kill the
pine shoot beetle in accordance with 7 CFR 319.40-7(f). In addition, the
U.S. destination (including county and State) of the regulated articles
must be plainly indicated on the regulated articles or, if applicable,
on the outer covering, packaging, or container.
(2) The regulated articles consist of pine bark and are accompanied
by a certificate that specifies both the county or municipal regional
county and Province where the regulated articles originated and, if
applicable, the
[[Page 350]]
counties or municipal regional counties and Provinces they were moved
through, if different from the county or municipal regional county and
Province of origin. The additional declaration section must state, ``The
pine bark in this shipment has been ground into pieces less than or
equal to 1 inch in diameter.'' In addition, the U.S. destination
(including county and State) of the regulated articles must be plainly
indicated on the regulated articles or, if applicable, on the outer
covering, packaging, or container.
(3) The regulated articles are shipped from a CFIA-approved facility
that processes only regulated articles that originated in areas in
Canada or the United States not considered to be infested with pine
shoot beetle. The facility must be inspected by the CFIA at least twice
a year to verify its compliance with CFIA handling and processing
procedures, and the CFIA must provide APHIS with a current list of
approved facilities at least annually. The name and address (including
the county or municipal regional county and Province) of the CFIA-
approved facility that shipped the articles, as well as the U.S.
destination (including county and State) must be plainly indicated on
the regulated articles or, if applicable, on the outer covering,
packaging, or container.
(4) The pine products are accompanied by a certificate that
specifies the county or municipal regional county and Province where the
regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been treated in accordance with Sec. 319.40-6.
In addition, the U.S. destination (including county and State) of the
regulated articles must be plainly indicated on the regulated articles
or, if applicable, on the outer covering, package, or container.
(5) The regulated articles, consisting of logs with bark attached,
are consigned to a U.S. facility that operates under a compliance
agreement with APHIS in accordance with Sec. 319.40-8 for specified
handling or processing of the regulated articles. The logs must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. facility. The logs must be accompanied by a
statement of origin and movement that specifies the county or municipal
regional county and Province where the logs originated and, if
applicable, the counties or municipal regional counties and Provinces
they were moved through, if different from the county or municipal
regional county and Province of origin. In addition, the name and
address (including county and State) of the U.S. facility receiving the
logs must be plainly indicated on the regulated articles or, if
applicable, on the outer covering or container.
(6) The regulated articles, consisting of pine bark, are shipped
from a CFIA-approved facility for use as a fuel at a cogeneration
facility in the United States approved by APHIS. The pine bark must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. cogeneration facility. The Canadian facility
from which the pine bark is shipped must be inspected by the CFIA at
least twice a year to verify that the facility is following handling and
processing procedures that adequately safeguard the pine bark for
shipment to the U.S. cogeneration facility. CFIA must provide APHIS with
a current list of approved facilities at least annually. The name and
address (including the county or municipal regional county and Province)
of the CFIA-approved facility that shipped the pine bark, as well as the
name and address of the U.S. cogeneration facility receiving the
shipment (including county and State) must be plainly indicated on the
outer covering, packaging, or container of the pine bark.
(B) If the regulated articles in paragraphs (i)(2)(iv)(1) through
(5) of this section are to be moved through an area of the United States
quarantined for pine shoot beetle, as provided in Sec. 301.50-3 of this
chapter, en route to an area or areas in the United States not
quarantined for pine shoot beetle during the period of January through
September when the temperature is higher than 10 [deg]C (50 [deg]F), the
regulated articles
[[Page 351]]
must be shipped in an enclosed vehicle or completely covered (such as
with plastic canvas, or other closely woven cloth) so as to prevent
access by pine shoot beetle.
(Approved by the Office of Management and Budget under control numbers
0579-0049, 0579-0135, and 0579-0257)
[60 FR 27674, May 25, 1995, as amended at 63 FR 69542, Dec. 17, 1998; 64
FR 59604, Nov. 3, 1999; 69 FR 52418, Aug. 26, 2004; 69 FR 55733, Sept.
16, 2004; 69 FR 61587, Oct. 20, 2004; 70 FR 33325, June 7, 2005]
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 (pine) and South
America (eucalyptus). Wood chips from Chile that are derived from
Monterey or Radiata pine (Pinus radiata) logs and wood chips from South
America that are derived from temperate species of Eucalyptus may be
imported in accordance with paragraph (c)(2) of this section 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.
(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
[[Page 352]]
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 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
[[Page 353]]
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.
(Approved by the Office of Management and Budget under control number
0579-0049)
[60 FR 27679, May 25, 1995; 60 FR 30157, June 7, 1995, as amended at 65
FR 21127, Apr. 20, 2000; 69 FR 2295, Jan. 15, 2004; 69 FR 52418, Aug.
26, 2004]
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 354]]
(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 and wood chips from South
America derived from temperate species of Eucalyptus 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 and Eucalyptus (temperate
species) wood chips from South America. When used on Pinus radiata wood
chips from Chile or on wood chips from South America derived from
temperate species of Eucalyptus, 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 part 305
of this chapter. 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 more above throughout fumigation. The
fumigation must be conducted using schedule T-404 contained in part 305
of this chapter.
(2) Lumber. The lumber and the ambient air must be at a temperature
of 5 [deg]C or more above throughout fumigation. The fumigation must be
conducted using schedule T-404 contained in part 305 of this chapter.
(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 part 305 of this
chapter. In lieu of the schedule T-404 methyl bromide concentration,
fumigation may be conducted with an initial methyl bromide concentration
of at least 48 g/m\3\ 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 part
305 of this chapter.
[[Page 355]]
(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.
(Approved by the Office of Management and Budget under control number
0579-0049)
[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; 69 FR 2295, Jan. 15,
2004; 69 FR 52418, Aug. 26, 2004; 70 FR 33325, June 7, 2005]
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 part 305 of
this chapter. 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.
(Approved by the Office of Management and Budget under control number
0579-0049)
[60 FR 27674, May 25, 1995, as amended at 69 FR 52418, Aug. 26, 2004; 70
FR 33325, June 7, 2005]
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 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
[[Page 356]]
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; \4\ or,
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\4\ Certain regulated articles may also be subject to Sec. Sec.
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.
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(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 \5\. This notice may be in writing or by telephone. The notice
must include the number of any specific permit issued for the regulated
articles; the name, if any, of the means of conveyance carrying the
regulated articles; the type and quantity of the regulated articles; the
expected date of arrival; the country of origin of the regulated
articles; the name and the number, if any, of the dock or area where the
regulated articles are to be unloaded; and the name of the importer or
broker at the port of arrival.
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\5\ A list of APHIS Officers in Charge may be obtained from the
Administrator, c/o Port Operations, Plant Protection and Quarantine,
Animal and Plant Health Inspection Service, 4700 River Road, Riverdale,
MD 20737.
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(2) Imported regulated articles which have been debarked in
accordance with Sec. 319.40-7(b) and can be safely and practically
inspected will be visually examined for plant pests by an inspector at
the port of first arrival. If plant pests are found on or in the
regulated articles or if the regulated article cannot be safely and
practically inspected, the regulated articles must be treated in
accordance with part 305 of this chapter.
(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.
(Approved by the Office of Management and Budget under control number
0579-0049)
[60 FR 27674, May 25, 1995, as amended at 66 FR 21056, Apr. 27, 2001; 69
FR 52418, Aug. 26, 2004; 70 FR 33325, June 7, 2005]
Sec. 319.40-10 Costs and charges.
The services of an inspector during regularly assigned hours of duty
and at the usual places of duty shall be furnished without cost to the
importer.\6\ The inspector may require the importer to furnish any
labor, chemicals,
[[Page 357]]
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.
---------------------------------------------------------------------------
\6\ 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 meeting the
requirements of this subpart 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;
69 FR 52418, Aug. 26, 2004; 69 FR 55733, Sept. 16, 2004]
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.
(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
[[Page 358]]
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 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]
[[Page 359]]
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 360]]
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.
(d) Immature, dehusked ``baby'' sweet corn may be imported from
Zambia in accordance with Sec. 319.56-2f(a).
[24 FR 10788, Dec. 29, 1959, as amended at 58 FR 44745, Aug. 25, 1993;
71 FR 29769, May 24, 2006]
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 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
[[Page 361]]
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.
(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
[[Page 362]]
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 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
[[Page 363]]
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 Sec. Sec. 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]
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
[[Page 364]]
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 filed, the importation has
received the required treatment, due notice of
[[Page 365]]
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 Sec. Sec. 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 quarantine pests.
(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 Administrator 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.
[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21056, Apr. 27, 2001;
68 FR 37915, June 25, 2003; 70 FR 72886, Dec. 8, 2005]
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
[[Page 366]]
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
Sec. 319.56-3. 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 Sec. Sec. 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 Sec. Sec. 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 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; 68 FR 37915, June 25,
2003]
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.
[[Page 367]]
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.
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.
Country of origin. Country where the plants from which the plant
products are derived were grown.
Cucurbits. Any plants in the family Cucurbitaceae.
Field. A plot of land with defined boundaries within a place of
production on which a commodity is grown.
Fruits and vegetables. A commodity class for fresh parts of plants
intended for consumption or processing and not for planting.
General permit. The authorization contained in Sec. 319.56-2(b),
(c), or (d) for any person to import the articles named in those
paragraphs, in accordance with the requirements specified in those
paragraphs, without being issued a specific written permit.
Import and importation. To move into, or the act of movement into,
the territorial limits of the United States.
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of the Bureau of Customs and Border Protection,
Department of Homeland Security, to enforce the regulations in this
subpart.
National plant protection organization (NPPO). Official service
established by a government to discharge the functions specified by the
International Plant Protection Convention.
Permit. A written or oral authorization, including by electronic
methods, to import fruits or vegetables in accordance with the
regulations in this subpart.
Place of production. Any premises or collection of fields operated
as a single production or farming unit. This may include a production
site that is separately managed for phytosanitary purposes.
Plant debris. Detached leaves, twigs, or other portions of plants,
or plant litter or rubbish as distinguished from approved parts of clean
fruits and vegetables, or other commercial articles.
Port of first arrival. The first point of entry into the United
States where the consignment is offered for entry.
Production site. A defined portion of a place of production utilized
for the production of a commodity that is managed separately for
phytosanitary purposes. This may include the entire place of production
or portions of it. Examples of portions of places of production are a
defined orchard, grove, field, or premises.
Quarantine pest. A pest of potential economic importance to the area
endangered by it and not yet present there, or present but not widely
distributed there and being officially controlled.
Specific written permit. A written or electronic authorization
issued by APHIS to a person to import a particular fruit or vegetable
from a specified country in accordance with the requirements of this
subpart and any additional conditions that may be assigned.
United States. All of the States of the United States, the
Commonwealth of Northern Mariana Islands, the Commonwealth of Puerto
Rico, the District of Columbia, Guam, the Virgin Islands of the United
States, and any other territory or possession of the United States.
[24 FR 10788, Dec. 29, 1959, as amended at 52 FR 29370, Aug. 7, 1987; 57
FR 54489, Nov. 19, 1992; 68 FR 37915, June 25, 2003; 69 FR 65059, Nov.
10, 2004; 70 FR 72886, Dec. 8, 2005; 71 FR 75654, Dec. 18, 2006]
Sec. 319.56-2 Restrictions on entry of fruits and vegetables.
(a) All importations of fruits and vegetables must be free from
plant debris, as defined in Sec. 319.56-1.
[[Page 368]]
(b) General permit for dried, cured, or processed fruits and
vegetables. 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) General permit for fruits and vegetables grown in Canada. Fruits
and vegetables grown in Canada may be imported into the United States
without restriction under this subpart; provided, that:
(1) Consignments of Allium spp. consisting of the whole plant or
above ground parts must be accompanied by a phytosanitary certificate
issued by the NPPO of Canada with an additional declaration stating that
the articles are free from Acrolepipsis assectella (Zeller).
(2) 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.
(d) General permit for fruits and vegetables grown in the British
Virgin Islands. Fruits and vegetables grown in the British Virgin
Islands may be imported into the U.S. Virgin Islands without further
permit other than the authorization contained in this paragraph but
subject to the requirements of paragraph (a) of this section, and of
Sec. Sec. 319.56-5, 319.56-6, and 319.56-7, except that:
(1) Such fruits and vegetables are exempted from the notice of
arrival requirements of Sec. 319.56-5 when an inspector finds that
equivalent information is obtainable from the U.S. Customs Service; and
(2) Mangoes grown in the British Virgin Islands are prohibited entry
into the U.S. Virgin Islands.
(e) Any other fruit or vegetable, except those restricted to certain
countries and districts by special quarantine,\1\ other orders, or
provisions of the regulations in this subpart \2\ 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
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.
\2\ Fruits and vegetables from designated countries or localities
that are subject to specific import requirements prescribed elsewhere in
this subpart are not subject to the regulations in paragraph (e) of this
section unless specified otherwise. Such fruits and vegetables are,
however, subject to all other general requirements contained in other
sections of this subpart.
---------------------------------------------------------------------------
(1) Is not attacked in the country of origin by quarantine pests;
(2) Has been treated or is to be treated for all quarantine pests 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 quarantine pests that attack the fruit or
vegetable 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 quarantine pests that attack the fruit or
vegetable and the criteria of paragraph (f) of this section are met with
regard to those quarantine pests, provided that all other quarantine
pests 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 paragraphs (e)(3) or (4) of this section, he or she must
determine
[[Page 369]]
that the fruit or vegetable is being imported from an area that is free
of the pest or pests in accordance with the criteria for establishing
freedom found in International Standard for Phytosanitary Measures
Publication No. 4, ``Requirements for the Establishment of Pest Free
Areas.'' The international standard was established by the International
Plant Protection Convention of the United Nations' Food and Agriculture
Organization and is incorporated by reference in Sec. 300.5 of this
chapter. APHIS must approve the survey protocol used to determine pest-
free status, and pest-free areas are subject to audit by APHIS to verify
their status. When used to authorize importation under paragraph (e)(3)
of this section, the criteria must be applied to all quarantine pests
that attack the fruit or vegetable; when used to authorize importation
under paragraph (e)(4) of this section, the criteria must be applied to
those particular quarantine pests 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 paragraphs (e) or (f) of this section must be
safeguarded from infestation while in transit to the United States
through any area that has not been designated as free from quarantine
pests that attack the fruit or vegetable. Each box of fruit or
vegetables imported into the United States in accordance with paragraphs
(e)(3) or (4) and (f) of this section must be clearly labeled with:
(1) The name of the orchard or grove of origin, or the name of the
grower, and
(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 paragraphs (e) and (f) of this section with
regard to the plant pests Ceratitis capitata, Anastrepha ludens, A.
serpentina, A. obliqua, and A. fraterculus: Comondu, La Paz, Loreto, Los
Cabos, and Muleg[eacute] 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; the
municipalities of Ahome, Choix, El Fuerte, Guasave, and Sinaloa de Leyva
in the State of Sinaloa; 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 except Arica, and the Department of Pet[eacute]n
in Guatamala meet the criteria of paragraphs (e) and (f) of this section
with regard to the insect pest Mediterranean fruit fly (Medfly)
(Ceratitis capitata [Wiedemann]). Also, the Patagonia region of
Argentina, including those areas along the valleys of the Rio Colorado
and Rio Negro rivers and also including the provinces of Neuquen, Rio
Negro, Chubut, Santa Cruz, and Tierra del Fuego, has been determined to
meet the criteria of paragraphs (e) and (f) of this section with regard
to Medfly and Anastrepha spp. fruit flies. Fruits and vegetables
otherwise eligible for importation under this subpart may be imported
from these areas without treatment for the specified pests.
(k) Any fruit or vegetable that is required by this subpart to be
treated or subjected to other growing or inspection requirements to
control one or more of the plant pests listed in Sec. 305.31(a) of this
chapter as a condition
[[Page 370]]
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 numbers
0579-0049 and 0579-0280)
[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; 68 FR 2684, Jan. 21, 2003; 68 FR 37916, June 25, 2003; 70 FR
33325, June 7, 2005; 70 FR 72887, Dec. 8, 2005; 71 FR 4464, Jan. 27,
2006; 71 FR 75654, Dec. 18, 2006]
Effective Date Note: At 71 FR 50328, Aug. 25, 2006, Sec. 319.56-2
was amended in paragraph (c) by adding the words ``, except that they
are subject to the inspection and other requirements in Sec. 319.56-6''
after the word ``subpart'', effective Nov. 24, 2006. At 71 FR 67436,
Nov. 22, 2006, the effective date was delayed until Mar. 1, 2007.
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 treatment is approved as a
condition of entry in connection with the issuance of permits under
Sec. 319.56-3 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
[[Page 371]]
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 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.
[[Page 372]]
(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, as ameded at 68 FR 37916, June 25, 2003]
Sec. 319.56-2c Administrative instructions authorizing the importation
of frozen fruits and vegetables.
(a) The Administrator, under authority contained in Sec. 319.56-2,
prescribes quick freezing in accordance with part 305 of this chapter 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 and in compliance with Sec. Sec.
319.56-1 through 319.56-7 (exclusive of non-related administrative
instructions), at such ports as authorized in the permits.
(b) 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 Administrator, be destroyed by quick freezing.
[70 FR 33325, June 7, 2005]
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 part 305
of this chapter. The cold treatments listed in part 305 of this chapter
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 Administrator and located in the area
north of 39[deg] latitude and east of 104[deg] longitude or at one of
the following ports: The maritime ports of Wilmington, NC, Seattle, WA,
Corpus Christi, TX, and Gulfport, MS; Seattle-Tacoma International
Airport, Seattle, WA; Hartsfield-Atlanta International Airport, Atlanta,
GA; and Washington Dulles International Airport, Chantilly, VA. Fruit
that is to be refrigerated in transit must be precooled either at a
dockside refrigeration plant prior to loading aboard the carrying
vessel, or aboard the carrying vessel. Refrigeration must be completed
in the container, 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
[[Page 373]]
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 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. Customs Service,
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 U.S. Customs Service 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:
[[Page 374]]
(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 U.S. Customs Service 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.
(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 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 U.S.
Customs Service 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 Administrator, for safely destroying or disposing of
fruit.
(vii) Special requirements for the maritime ports of Gulfport, MS,
and Corpus Christi, TX. Shipments of fruit arriving at the ports of
Gulfport, MS, and Corpus Christi, TX, 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.
(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 U.S. Customs Service
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
[[Page 375]]
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.
(H) Blacklights 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 at the maritime port of
Gulfport, MS, and within the 5 square miles surrounding the cold
treatment facility at the maritime port of Corpus Christi, TX.
(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 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
Administrator 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.
[[Page 376]]
(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 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 Administrator 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. \3\ 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.
---------------------------------------------------------------------------
\3\ 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; 68 FR 2686, Jan. 21, 2003; 68 FR 37916, June 25, 2003; 68 FR
63983, Nov. 12, 2003; 70 FR 33325, June 7, 2005; 70 FR 72887, Dec. 8,
2005]
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
[[Page 377]]
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 ensure 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 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;
70 FR 33325, June 7, 2005]
Sec. 319.56-2f Conditions governing the entry of baby corn and baby
carrots from Zambia.
(a) Immature, dehusked ``baby'' sweet corn (Zea mays L.) measuring
10 to 25 millimeters (0.39 to 0.98 inches) in diameter and 60 to 105
millimeters (2.36 to 4.13 inches) in length may be imported into the
continental United States from Zambia only under the following
conditions:
(1) The production site, which is a field, where the corn has been
grown must have been inspected at least once during the growing season
and before harvest for the following pest: Phomopsis jaczewskii.
(2) After harvest, the corn must be inspected by Zambia's national
plant protection organization (NPPO) and found free of the pests listed
in paragraph (a)(1) of this section before the corn may be shipped to
the continental United States.
(3) The corn must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary certificate
issued by the NPPO of Zambia that includes an additional declaration
stating that the corn has been inspected and found free of Phomopsis
jaczewskii based on field and packinghouse inspections.
(5) The corn may be imported in commercial shipments only.
(b) Immature ``baby'' carrots (Daucus carota L. ssp. sativus) for
consumption measuring 10 to 18 millimeters (0.39 to 0.71 inches) in
diameter and 50 to 105 millimeters (1.97 to 4.13 inches) in length may
be imported into the continental United States from Zambia only under
the following conditions:
(1) The production site, which is a field, where the carrots have
been grown must have been inspected at least once during the growing
season and before harvest for the following pest: Meloidogyne ethiopica.
(2) After harvest, the carrots must be inspected by the NPPO of
Zambia and found free of the pests listed in paragraph (b)(1) of this
section before the carrots may be shipped to the continental United
States.
(3) The carrots must be inspected at the port of first arrival as
provided in Sec. 319.56-6.
(4) Each shipment must be accompanied by a phytosanitary certificate
issued by the NPPO of Zambia that includes an additional declaration
stating that the carrots have been inspected and found free of
Meloidogyne ethiopica based on field and packinghouse inspections.
(5) The carrots must be free from leaves and soil.
(6) The carrots may be imported in commercial shipments only.
[71 FR 29769, May 24, 2006]
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 part 305 of this chapter, is a
[[Page 378]]
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
Administrator 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 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; 70 FR 33325, June 7, 2005; 70 FR 72887, Dec.
8, 2005]
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 part 305 of this chapter 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 part
305 of this chapter.
(c) Trust Fund Agreement. Grapes that undergo the fumigation phase
of their
[[Page 379]]
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 part 305 of this chapter 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; 70
FR 33325, June 7, 2005; 70 FR 40879, July 15, 2005]
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 part 305 of this chapter 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.
(b) Department not responsible for damage. The treatments for
mangoes prescribed in part 305 of this chapter 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; 70
FR 33325, June 7, 2005]
Sec. 319.56-2j Conditions governing the entry of apples and pears from
Australia (including Tasmania) and New Zealand. \4\
---------------------------------------------------------------------------
\4\Apples and pears from Australia (excluding Tasmania) where
certain tropical fruit flies occur are also subject to the irradiation
requirements of part 305 of this chapter or 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 \5\ 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.
---------------------------------------------------------------------------
\5\ 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.
---------------------------------------------------------------------------
[[Page 380]]
(2) Approved fumigation. Fumigation with methyl bromide must be in
---------------------------------------------------------------------------
accordance with part 305 of this chapter.
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:
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 part 305 of
this chapter 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 the PPQ Treatment Manual, as he
or she deems necessary to prevent the spread of quarantine 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 or her representative.
(6) Department not responsible for damages. The treatment prescribed
in part 305 of this chapter 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
[[Page 381]]
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, as amended at 68 FR 37917,
June 25, 2003; 70 FR 33325, June 7, 2005; 70 FR 72887, Dec. 8, 2005]
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 part 305 of this chapter, is hereby
prescribed as a condition of entry under permit for all shipments of
field-grown grapes from the continental countries of Asia, Europe, North
Africa, and the Near East listed in paragraph (a) of this section. This
fumigation shall be in addition to other conditions of entry for field-
grown grapes from the areas named.
(a) Continental countries of Asia, Europe, North Africa, and the
Near East. The term ``continental countries of Asia, Europe, North
Africa, and the Near East'' means Algeria, Armenia, Austria, Azerbaijan,
Belarus, Bulgaria, Cyprus, Egypt, Estonia, France, Georgia, Germany,
Greece, Hungary, Israel, Italy, Kazakhstan, Kyrgyzstan, Latvia, Libya,
Lithuania, Luxembourg, Portugal, Republic of Moldova, Russian
Federation, Spain, Switzerland, Syria, Tajikistan, Turkmenistan,
Ukraine, and Uzbekistan.
(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. \6\
---------------------------------------------------------------------------
\6\ 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 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 part 305 of this chapter.
(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 treatments prescribed
in part 305 of this chapter are 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,
as amended at 68 FR 37917, June 25, 2003; 70 FR 33325, June 7, 2005; 70
FR 72887, Dec. 8, 2005]
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
[[Page 382]]
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 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 Administrator, to apply the treatment prescribed in
paragraph (a)(2) of this section and upon the availability of
[[Page 383]]
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 Administrator 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.
(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,
as amended at 70 FR 72887, Dec. 8, 2005]
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 part 305 of this chapter, 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
[[Page 384]]
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
part 305 of this chapter.
(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 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 part 305 of this chapteris 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; 70 FR 72887, Dec. 8, 2005]
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 part 305 of this
chapter, 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. 319.56-2m, in connection with the issuance
of permits under Sec. 319.56-3 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 part 305 of this chapter.
(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.
[[Page 385]]
(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;
68 FR 37917, June 25, 2003; 70 FR 33325, June 7, 2005; 70 FR 72887, Dec.
8, 2005]
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. 319.56-3 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.
(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.
[[Page 386]]
(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;
68 FR 37917, June 25, 2003]
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
(including Hispaniola), 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
[[Page 387]]
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 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.
[[Page 388]]
(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 Administrator with
acceptable assurances that he will provide funds to the U.S. Department
of Agriculture to cover all costs of supervision, in accordance with
Sec. Sec. 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 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
quarantine pests, other than the pink bollworm, that do not exist in
[[Page 389]]
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 part 305 of this chapter.
[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; 68 FR 37917, June 25, 2003; 70 FR 33326, June 7, 2005; 70 FR
72888, Dec. 8, 2005]
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
Hartswater and Warrenton magisterial districts in the Northern Cape
Province or 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 Hartswater and Warrenton magisterial districts in the Northern Cape
Province or the Western Cape Province of South Africa.
(b) The citrus fruit must be cold treated for false codling moth and
fruit flies of the genera Ceratitis and Pterandrus in accordance with
part 305 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, as amended at 68 FR 37917, June 25, 2003; 70
FR 33326, June 7, 2005]
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
[[Page 390]]
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.
(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 part 305 of this chapter 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 part 305 of this chapter 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
[[Page 391]]
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 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 part 305 of this chapter 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 part 305 of this chapter 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
[[Page 392]]
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;
(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 part 305 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.
[[Page 393]]
(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; 70 FR 33326, June
7, 2005]
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 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
[[Page 394]]
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 part 305 of this chapter 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 part 305
of this chapter 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 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 part 305 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; 70 FR 33326, June 7, 2005]
[[Page 395]]
Sec. 319.56-2t Administrative instructions: Conditions governing the
entry of certain fruits and vegetables.
(a) 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:
----------------------------------------------------------------------------------------------------------------
Additional
restrictions (see
Country/locality Common name Botanical name Plant part(s) paragraph (b) of
this section)
----------------------------------------------------------------------------------------------------------------
Argentina....................... Allium............ Allium spp........ Whole plant.......
Apple............. Malus domestica... Fruit............. (b)(1)(ii)
Apricot........... Prunus americana.. Fruit............. (b)(1)(ii)
Artichoke, globe.. Cynara scolymus... Immature flower
head.
Basil............. Ocimum spp........ Above ground parts
Cherry............ Prunus avirum, P. Fruit............. (b)(1)(ii)
cerasus.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Currant........... Ribes spp......... Fruit.............
Grape............. Vitis spp......... Fruit............. (b)(1)(ii).
Gooseberry........ Ribes spp......... Fruit.............
Kiwi.............. Actinidia Fruit............. (b)(1)(ii)
deliciosa.
Marjoram.......... Origanum spp...... Above ground parts
Nectarine......... Prunus persica Fruit............. (b)(1)(ii)
var. nucipersica.
Oregano........... Origanum spp...... Above ground parts
Peach............. Prunus persica Fruit............. (b)(1)(ii)
var. persica.
Pear.............. Pyrus communis.... Fruit............. (b)(1)(ii)
Plum.............. Prunus domestica Fruit............. (b)(1)(ii)
subsp. domestica.
Pomegranate....... Punica granatum... Fruit............. (b)(1)(ii)
Quince............ Cydonia oblonga... Fruit............. (b)(1)(ii)
Australia....................... Currant........... Ribes spp......... Fruit.............
Gooseberry........ Ribes spp......... Fruit.............
Austria......................... Asparagus, white.. Asparagus Shoot (no green
officinalis. may be visible on
the shoot).
Bahamas......................... Citrus............ Citrus spp........ Fruit............. (b)(5)(vi),
(b)(6)(v).
Barbados........................ Banana............ Musa spp.......... Flower............
Belgium......................... Cichorium......... Cichorium spp..... Above ground parts (b)(6)(i)
Leek.............. Allium spp........ Whole plant....... (b)(5)(i)
Pepper............ Capsicum spp...... Fruit.............
Belize.......................... Banana............ Musa spp.......... Flower in bracts
with stems.
Bay leaf.......... Laurus nobilis.... Leaf and stem.....
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Eggplant.......... Solanum melongena. Fruit............. (b)(3).
Mint.............. Mentha spp........ Above ground parts
Papaya............ Carica papaya..... Fruit............. (b)(1)(i),
(b)(2)(iii).
Pepper............ Capsicum spp...... Fruit............. (b)(6)(ii)
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Sage.............. Salivia Leaf and stem.
officinalis.
Tarragon.......... Artemisia Above ground
dracunculus. 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 or cluster..
Loquat............ Eriobotrya Fruit.
japonica.
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......................... Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
[[Page 396]]
Brazil.......................... Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Dasheen........... Colocasia Whole plant.
esculenta.
Ginger root....... Zingiber Root.
officinale.
Chile........................... African horned Cucumis Fruit............. (b)(2)(i).
cucumber. metuliferus.
Apple............. Malus domestica... Fruit............. (b)(1)(ii)
Asparagus......... Asparagus Whole plant.
officinalis.
Avocado........... Persea americana.. Fruit............. (b)(1)(ii)
Babaco............ Carica x heilborni Fruit............. (b)(1)(i).
var. pentagona.
Basil............. Ocimum spp........ Above ground
parts.
Blackberry........ Rubus spp......... Fruit.
Cherry............ Prunus avium, P. Fruit............. (b)(1)(ii)
cerasus.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Lucuma............ Manilkara sapota Fruit............. (b)(1)(i).
(=Lucuma mammosa).
Mountain papaya... Carica pubescens Fruit............. (b)(1)(ii).
(=C.
candamarcensis).
Oregano........... Origanum spp...... Leaf and stem.
Pear.............. Pyrus communis.... Fruit............. (b)(1)(ii)
Pepper............ Capsicum annuum... Fruit............. (b)(1)(i).
Raspberry......... Rubus spp......... Fruit.
Sandpear.......... Pyrus pyrifolia... Fruit............. (b)(1)(ii).
Tarragon.......... Artemisia Above ground
dracunculus. parts.
China........................... Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Ginger root....... Zingiber Root.
officinale.
Colombia........................ Banana............ Musa spp.......... Leaf and fruit.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Rhubarb........... Rheum rhabarbarum. Stalk.
Snow pea.......... Pisum sativum Flat, immature
subsp. sativum. pod.
Tarragon.......... Artemisia Above ground
dracunculus. parts.
Cook Islands.................... Banana............ Musa spp.......... Green fruit....... (b)(4)(i).
Cucumber.......... Cucumis sativus... Fruit.
Drumstick......... Moringa Leaf.
pterygosperma.
Ginger............ Zingiber Root.............. (b)(2)(ii).
officinale.
Indian mulberry... Morinda citrifolia Leaf.
Lemongrass........ Cymbopogon spp.... Leaf.
Tossa jute........ Corchorus Leaf.
olitorius.
Costa Rica...................... Banana............ Musa spp.......... Leaf and fruit.
Basil............. Ocimum spp........ Whole plant.
Carrot............ Daucus carota ssp Whole plant.
sativus.
Chinese kale...... Brassica Leaf and stem.
alboglabra.
Chinese turnip.... Raphanus sativus.. Root.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Eggplant.......... Solanum melongena. Fruit............. (b)(3).
Jicama............ Pachyrhizus Root.
tuberosus or P.
erosus.
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Dominican Republic.............. Avocado........... Persea americana.. Fruit.
Bamboo............ Bambuseae spp..... Edible shoot, free
of leaves and
roots.
Banana............ Musa spp.......... Fruit.
Breadfruit........ Artocarpus altilis Fruit.
Cassava........... Manihot esculenta. Root.
Celeriac.......... Apium graveolens Whole plant.
var. dulce.
Citrus............ Citrus spp........ Fruit............. (b)(6)(iii)
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
[[Page 397]]
Dasheen........... Colocasia Whole plant.
esculenta.
Durian............ Durio zibethinus.. Fruit.
Genip............. Melicoccus Fruit.
bijugatus.
Papaya............ Carica papaya..... Fruit............. (b)(2)(iii)
Pepper............ Capsicum spp...... Fruit.
Pineapple......... Ananas comosus.... Fruit............. (b)(2)(iii)
Ecuador......................... Banana............ Musa spp.......... Flower.
Basil............. Ocimum spp........ Above ground
parts.
Chervil........... Anthriscus spp.... Leaf and stem.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Pineapple......... Ananas comosus.... Fruit............. (b)(2)(iii)
El Salvador..................... Basil............. Ocimum spp........ Above ground
parts.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cilantro.......... Coriandrum sativum Above ground
parts..
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Dill.............. Anethum graveolens Above ground
parts.
Eggplant.......... Solanum melongena. Fruit with stem... (b)(3).
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i).
German chamomile.. Matricaria Flower and leaf... (b)(2)(i).
recutita and
Matricaria
chamomilla.
Loroco............ Fernaldia spp..... Flower and leaf...
Oregano or sweet Origanum spp...... Leaf and stem..... (b)(2)(i).
marjoram.
Parsley........... Petroselinum Leaf and stem..... (b)(2)(i).
crispum.
Rambutan.......... Nephelium Fruit or clusters. (b)(2)(i),
lappaceum. (b)(5)(iii).
Rosemary.......... Rosmarinus Leaf and stem..... (b)(2)(i).
officinalis.
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i).
Yam-bean or Jicama Pachyrhizus supp.. Roots without soil (b)(2)(i).
France.......................... Tomato............ Lycopersicon Fruit, stem, and (b)(4)(ii).
esculentum. leaf.
French Guiana................... Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Great Britain................... Basil............. Ocimum spp........ Leaf and stem.
Grenada......................... Abiu.............. Pouteria caimito.. Fruit.
Atemoya........... Annona squamosa x Fruit............. (b)(3).
A. cherimola.
Bilimbi........... Averrhoa bilimbi.. Fruit.
Breadnut.......... Brosimum Fruit.
alicastrum.
Cherimoya......... Annona (b)(3).
cherimolaFruit.
Cocoplum.......... Chrysobalanus Fruit.
icaco.
Cucurbits......... Cucurbitaceae..... Fruit.
Custard apple..... Annona (b)(3).
reticulataFruit.
Durian............ Durio zibethinus.. Fruit.
Jackfruit......... Artocarpus Fruit.
heterophyllus.
Jambolan.......... Syzygium cumini... Fruit.
Jujube............ Ziziphus spp...... Fruit.
Langsat........... Lansium domesticum Fruit.
Litchi............ Litchi chinensis.. Fruit or cluster..
Malay apple....... Syzygium Fruit.
malaccense.
Mammee apple...... Mammea americana.. Fruit.
Peach palm........ Bactris gasipaes.. Fruit.
Piper............. Piper spp......... Fruit.
Pulasan........... Nephelium Fruit.
ramboutan-ake.
Rambutan.......... Nephelium Fruit or cluster..
lappaceum.
Rose apple........ Syzygium jambos... Fruit.
Santol............ Sandoricum Fruit.
koetjape.
Sapote............ Pouteria sapota... Fruit.
Soursop........... Annona muricata... Fruit. (b)(3).
Supar apple....... Annona squamosa... Fruit. (b)(3).
[[Page 398]]
Guatemala....................... Artichoke, globe.. Cynara scolymus... Immature flower
head.
Banana............ Musa spp.......... Leaf and fruit.
Basil............. Ocimum spp........ Above ground
parts.
Cichorium......... Cichorium spp..... Above ground parts (b)(6)(i)
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Dill.............. Anethum Above ground
graveonlens. parts.
Eggplant.......... Solanum melongena. Fruit............. (b)(3).
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i).
German chamomile.. Matricaria Flower and leaf... (b)(2)(i).
chamomilla and
Matricaria
recutita.
Jicama............ Pachyrhizus Root.
tuberosus or P.
erosus.
Loroco............ Fernaldia spp..... Flower and leaf.
Mint.............. Mentha spp........ Above ground
parts.
Okra.............. Abelmoschus Pod.
esculentus.
Oregano........... Origanum spp...... Leaf and stem.
Papaya............ Carica papaya..... Fruit............. (b)(1)(i),
(b)(2)(iii).
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Rhubarb........... Rheum rhabarbarum. Above ground
parts.
Rosemary.......... Rosmarinus Leaf and stem..... (b)(2)(i).
officinalis.
Tarragon.......... Artemisia Above ground
dracunculus. parts.
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i).
Guyana.......................... Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Haiti........................... Jackfruit......... Artocarpus Fruit.
heterophyllus.
Honduras........................ Banana............ Musa spp.......... Flower.
Basil............. Ocimum basilicum.. Leaf and stem..... (b)(2)(i),
(b)(5)(iv).
Cichorium......... Cichorium spp..... Leaf, stems, and
roots.
Cilantro.......... Coriandrum sativum Above ground
parts.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Eggplant.......... Solanum melongena. Fruit............. (b)(3).
German chamomile.. Matricaria Flower and leaf... (b)(2)(i).
recutita and
Matricaria
chamomilla.
Loroco............ Fernaldia spp..... Flower and leaf.
Okra.............. Abelmoschus Pod.
esculentus.
Oregano or sweet Origanum spp...... Leaf and stem..... (b)(2)(i).
marjoram.
Radish............ Raphanus sativus.. Root.
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Waterlily or lotus Nelumbo nucifera.. Roots without soil (b)(2)(i)
Yam-bean or Jicama Pachyrhizus spp... Roots without soil (b)(2)(i).
Indonesia....................... Dasheen........... Colocasia spp, Tuber............. (b)(2)(iv).
Alocasia spp, and
Xanthosoma spp.
Onion............. Allium cepa....... Bulb.
Shallot........... Allium ascalonicum Bulb.
Israel.......................... Arugula........... Eruca sativa...... Leaf and stem.
Basil............. Ocimum spp........ Above ground parts
Chives............ Allium Leaf.
schoenoprasum.
Dill.............. Anethum graveolens Above ground
parts.
Mint.............. Mentha spp........ Above ground
parts.
New Zealand Tetragonia Leaves............
spinach. tetragonioides.
Parsley........... Petroselinum Above ground
crispum. parts.
Watercress........ Nasturtium Leaf and stem.
officinale.
Jamaica......................... Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Fenugreek......... Tirgonella foenum- Leaf, stem, root.
graceum.
Jackfruit......... Artocarpus Fruit.
heterophyllus.
Ivy gourd......... Coccinia grandis.. Fruit.
Pak choi.......... Brassica chinensis Leaf and stem.
[[Page 399]]
Papaya............ Carica papaya..... Above ground parts (b)(2)(iii),
(b)(3)
Pointed gourd..... Trichosanthes Fruit.
dioica.
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 Leaf.
capsularis.
Potato............ Solanum tuberosum. Leaf.
Mexico.......................... Allium............ Allium spp........ Whole plant.
Anise............. Pimpinella anisum. Leaf and stem.
Apple............. Malus domestica... Fruit............. (b)(1)(iii).
Apricot........... Prunus armeniaca.. Fruit............. (b)(1)(iii).
Artichoke, globe.. Cynara scolymus... Immature flower
head.
Artichoke, Helianthus Whole plant.
Jerusalem. tubersus.
Arugula........... Eruca sativa...... Leaf and stem.
Asparagus......... Asparagus Shoot.
officinalis.
Banana............ Musa spp.......... Flower and leaf...
Basil............. Ocimum spp........ Above ground
parts.
Bay leaf.......... Laurus nobilis.... Leaf and stem.
Beet.............. Beta vulgaris..... Whole plant.
Blackberry........ Rubus spp......... Fruit.
Blueberry......... Vaccinium spp..... Fruit.
Carrot............ Daucus carota..... Whole plant.
Celery............ Apium graveolens Whole plant.
var. dulce.
Cichorium......... Cichorium spp..... Above ground parts (b)(6)(i)
Coconut........... Cocos nucifera.... Fruit without
husk.
Fruit with milk (b)(5)(v).
and husk.
Cucurbits......... Cucurbitaceae..... Inflorescence,
flower, and
fruit.
Dill.............. Anethum graveolens Above ground
parts.
Eggplant.......... Solanum melongena. Fruit with stem.
Fig............... Ficus carica...... Fruit............. (b)(1)(iii),
(b)(2)(i).
Grape............. Vitis spp......... Fruit, cluster,
and leaf.
Grapefruit........ Citrus paradisi... Fruit............. (b)(1)(iii).
Jicama or yam bean Pachyrhizus Root.
tuberosus, P.
erosus.
Lambsquarters..... Chenopodium spp... Above ground
parts.
Lemon............. Citrus limon...... Fruit.
Lettuce........... Lactuca sativa.... Whole plant.
Lime, sour........ Citrus Fruit.
aurantiifolia.
Mango............. Mangifera indica.. Fruit............. (b)(1)(iii).
Orange............ Citrus sinensis... Fruit............. (b)(1)(iii).
Oregano........... Origanum spp...... Above ground
parts.
Parsley........... Petroselinum Whole plant.
crispum.
Peach............. Prunus persica.... Fruit............. (b)(1)(iii).
Pepper............ Capsicum spp...... Fruit............. (b)(6)(ii)
Persimmon......... Diospyros spp..... Fruit............. (b)(1)(iii).
Pineapple......... Ananas comosus.... Fruit.
Pitaya............ Hylocereus spp.... Frui.............. (b)(1)(iv),
(b)(2)(i).
Piper............. Piper spp......... Leaf and stem.
Pomegranate....... Punica granatum... Fruit............. (b)(1)(iii).
Porophyllum....... Porophyllum spp... Above ground
parts.
Prickly-pear pad.. Opuntia spp....... Pad.
Radish............ Raphanus sativus.. Whole plant.
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Raspberry......... Rubus spp......... Fruit.
Rosemary.......... Rosmarinus Above ground
officinalis. parts.
Salicornia........ Salicornia spp.... Above ground
parts.
Spinach........... Spinacia oleracea. Whole plant.
Strawberry........ Fragaria spp...... Fruit.
Swiss chard....... Beta vulgaris var. Above ground
cicla. parts..
Tangerine......... Citrus reticulata. Fruit............. (b)(1)(iii).
Tepeguaje......... Leucaena spp...... Fruit.
Thyme............. Thymus vulgaris... Above ground
parts.
Tomatillo......... Physalis ixocarpa. Whole plant.
Tomato............ Lycopersicon Fruit, stem, and
lycopersicum. leaf.
Tuna.............. Opuntia spp....... Fruit.
Morocco......................... Strawberry........ Fragaria spp...... Fruit.
[[Page 400]]
Morocco and Western Sahara...... Tomato............ Lycopersicon Fruit, stem, and (b)(4)(ii)
esculentum. leaf.
Netherlands..................... Cichorium......... Cichorium spp..... Above ground parts (b)(6)(i)
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Eggplant.......... Solanum melongena. Fruit.
Leek.............. Allium spp........ Whole plant....... (b)(5)(i).
Radish............ Raphanus sativus.. Root.
New Zealand..................... Avocado........... Persea americana.. Fruit.
Citrus............ Citrus spp........ Fruit............. (b)(3),
(b)(5)(vii).
Fig............... Ficus carica...... Fruit.
Oca............... Oxalis tuberosa... Tuber.
Nicaragua....................... Banana............ Musa spp.......... Leaf and fruit.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cilantro.......... Coriandrum sativum Above ground
parts.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
broccoli,
cauliflower,
turnips,
mustards, and
related varieties.
Dasheen........... Colocasia Tuber.
esculenta.
Eggplant.......... Solanum melongena. Fruit with stem... (b)(3).
Fennel............ Foeniculum vulgare Leaf and stem..... (b)(2)(i).
German chamomile.. Matricaria Flower and leaf... (b)(2)(i).
recutita and M.
chamomilla.
Loroco............ Fernaldia spp..... Flower and leaf...
Mint.............. Mentha spp........ Above ground
parts.
Parsley........... Petroselinum Above ground
crispum. parts.
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Rosemary.......... Rosmarinus Above ground
officinalla. parts.
Waterlily or lotus Nelumbo nucifera.. Roots without (b)(2)(i).
soil.
Yam-bean or Jicama Pachyrhizus spp... Roots without (b)(2)(i).
soil.
Panama.......................... Basil............. Ocimum spp........ Above ground
parts.
Bean, green and Phaseolus vulgaris Seed.
lima. and P. lunatus.
Chervil........... Anthriscus Above ground
cerefolium. parts.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Eggplant.......... Solanum melongena. Fruit............. (b)(3).
Fenugreek......... Tirgonella foenum- Leaf and stem.
graceum.
Lemon thyme....... Thymus citriodorus Leaf and stem.
Mint.............. Mentha spp........ Above ground
parts.
Oregano........... Origanum spp...... Above ground
parts.
Rambutan.......... Nephelium Fruit or cluster.. (b)(2)(i),
lappaceum. (b)(5)(iii).
Rosemary.......... Rosmarinus Above ground
officinalis. parts.
Tarragon.......... Artemisia Above ground
dracunculus. parts.
Paraguay........................ Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Peru............................ Arugula........... Eruca sativa...... Leaf and stem.
Banana............ Musa spp.......... Leaf and fruit.
Basil............. Ocimum spp........ Leaf and stem.
Carrot............ Daucus carota..... Root.
Chervil........... Anthriscus spp.... Leaf and stem.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Cole and mustard Brassica spp...... Whole plant of
crops, including edible varieties
cabbage, only.
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 Leaf and stem.
crispum.
Swiss chard....... Beta vulgaris Leaf and stem.....
subsp. cicla.
[[Page 401]]
Thyme............. Thymus vulgaris... Above ground
parts.
Philippines..................... Jicama............ Pachyrhizus Root.
tuberosus or P.
erosus.
Poland.......................... Pepper............ Capsicum spp...... Fruit.
Tomato............ Lycopersicon Fruit, stem, and
esculentum. leaf.
Republic of Korea............... Angelica.......... Aralia elata...... Edible shoot.
Aster greens...... Aster scaber...... Leaf and stem.
Bonnet bellflower. Codonopsis Root.
lanceolata.
Chinese bellflower Platycodon Root.
grandiflorum.
Dasheen........... Colocasia spp., Root.............. (b)(2)(iv).
Alocasia spp.,
and Xanthosoma
spp.
Eggplant.......... Solanum melongena. Fruit with stem.
Kiwi.............. Actinidia Fruit.
deliciosa.
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............. (b)(5)(ii).
Swiss chard....... Beta vulgaris Leaf and stem.....
subsp. cicla.
Watercress........ Nasturtium Leaf and stem.
officinale.
Youngia greens.... Youngia Leaf, stem, and
sonchifolia. root.
Sierra Leone.................... Cassava........... Manihot esculenta. Leaf and root..... ..................
Jute.............. Corchorus Leaf.
capsularis.
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............. (b)(2)(v).
Spain........................... Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(3)
Eggplant.......... Solanum melongena. Fruit with stem... (b)(3).
Lemon............. Citrus limon...... Fruit............. (b)(3), (b)(6)(iv)
Tomato............ Lycopersicon Fruit, stem, and (b)(4)(ii).
esculentum. leaf.
Watermelon........ Citrullus lanatus. Fruit............. (b)(3).
Suriname........................ Amaranth.......... Amaranthus spp.... Leaf and stem.
Black palm nut.... Astrocaryum spp... Fruit.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
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.
Tumeric........... Curcuma domestica. Leaf and stem.
Tonga........................... Burdock........... Arctium lappa..... Root, stem, and
leaf.
Jicama tuberosus.. Pachyrhizus Root.
tuberosus.
Pumpkin........... Cucurbit maximaa.. Fruit.
Trinidad and Tobago............. Cucurbit.......... Cucurbitaceae..... Above ground parts (b)(2)(iii),
(b)(3)
Lemongrass........ Cymbopogon Leaf and stem.
citratus.
Leren............. Calathea allouia.. Tuber.
Shield leaf....... Cecropia peltata.. Leaf and stem.
Uruguay......................... Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Venezuela....................... Banana............ Musa spp.......... Fruit.
Cichorium......... Cichorium spp..... Leaves, stems, and
roots.
Zambia.......................... Snow pea.......... Pisum sativum spp. Flat, immature
sativum. pod.
----------------------------------------------------------------------------------------------------------------
[[Page 402]]
(b) Additional restrictions for applicable fruits and vegetables as
specified in paragraph (a) of this section.
(1) Free areas. (i) The commodity must be from a Medfly-free area
listed in Sec. 319.56-2(j) and must be accompanied by a phytosanitary
certificate issued by the national plant protection organization (NPPO)
of the country of origin with an additional declaration stating that the
commodity originated in a Medfly-free area.
(ii) The commodity must be from a fruit-fly free area listed in
Sec. 319.56-2(j) and must be accompanied by a phytosanitary certificate
issued by the NPPO of the country of origin with an additional
declaration stating that the commodity originated in a free area. Fruit
from outside fruit-fly free areas must be treated in accordance with
Sec. 319.56-2x of this subpart.
(iii) The commodity must be from a fruit-fly free area listed in
Sec. 319.56-2(h) and must be accompanied by a phytosanitary certificate
issued by the NPPO of the country of origin with an additional
declaration stating that the commodity originated in a free area.
(iv) The commodity must be from a fruit-fly free area listed in
Sec. 319.56-2(h) and must be accompanied by a phytosanitary certificate
issued by the NPPO of the country of origin with an additional
declaration stating: ``These regulated articles originated in an area
free from pests as designated in 7 CFR 319.56-2(h) and, upon inspection,
were found free of Dysmicoccus neobrevipes and Planococcus minor.''
(2) Restricted importation and distribution. (i) Prohibited entry
into Puerto Rico, Virgin Islands, Hawaii, and Guam. Cartons in which
commodity is packed must be stamped ``Not for importation into or
distribution within PR, VI, HI, or Guam.''
(ii) Prohibited entry into Puerto Rico, Virgin Islands, and Guam.
Cartons in which commodity is packed must be stamped ``Not for
importation into or distribution within PR, VI, or Guam.''
(iii) Prohibited entry into Hawaii. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution within
HI.''
(iv) Prohibited entry into Guam. Cartons in which commodity is
packed must be stamped ``Not for importation into or distribution within
Guam.''
(v) Prohibited entry into Puerto Rico, Virgin Islands, Northern
Mariana Islands, Hawaii, and Guam. Cartons in which commodity is packed
must be stamped ``For distribution in the continental United States
only.''
(3) Commercial shipments only.
(4) Stage of fruit. (i) 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:
(A) Bananas shipped by air are still green upon arrival in the
United States; and
(B) Bananas shipped by sea are either still green upon arrival in
the United States or yellow but firm.
(ii) The tomatoes must be green upon arrival in the United States.
Pink or red fruit may only be imported in accordance with Sec. 319.56-
2dd of this subpart.
(5) Other conditions. (i) Must be accompanied by a phytosanitary
certificate issued by the NPPO of the country of origin with an
additional declaration stating that the commodity is apparently free of
Acrolepiopsis assectella.
(ii) 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).
(iii) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration stating
that the fruit is free from Coccus moestus, C. viridis, Dysmicoccus
neobrevipes, Planococcus lilacinus, P. minor, and Psedococcus landoi;
and all damaged fruit was removed from the shipment prior to export
under the supervision of the NPPO.
(iv) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration stating
that the fruit is free from Planococcus minor.
(v) Must be accompanied by a phytosanitary certificate issued by the
NPPO of the country of origin with an additional declaration stating
that the fruit is of the Malayan dwarf variety or Maypan variety
(=F1 hybrid, Malayan
[[Page 403]]
DwarfxPanama Tall) (which are resistant to lethal yellowing disease)
based on verification of the parent stock.
(vi) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin with an additional declaration stating
that the fruit is from an area where citrus canker (Xanthomonas citri
(Hasse) Dowson) is not known to occur.
(vii) Must be accompanied by a phytosanitary certificate issued by
the NPPO of the country of origin and with an additional declaration
stating that the fruit is free from Cnephasia jactatana, Coscinoptycha
improbana, Ctenopseustis obliquana, Epiphyas postvittana, Pezothrips
kellyanus, and Planotortrix excessana; must undergo a port of entry
inspection with a biometric sampling of 100 percent of 30 boxes selected
randomly from each shipment; and the randomly selected boxes must be
examined for hitchhiking pests.
(6) Plant types.
(i) Chicory (Cichorium intybus) and endive (Cichorium endiva) only.
(ii) Rocoto pepper or chamburoto (Capsicum pubescens) prohibited.
(iii) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange
(Citrus sinensis), sour lime (Citrus aurantiifolia), and tangerine
(Citrus reticulata) only.
(iv) Smooth skinned variety only.
(v) Grapefruit (Citrus paradisi), lemon (Citrus limon), orange
(Citrus sinensis), and tangelo (Citrus reticulata) only.
(Approved by the Office of Management and Budget under control numbers
0579-0049, 0579-0236, 0579-0264, and 0579-0280)
[69 FR 65059, Nov. 10, 2004, as amended at 70 FR 72888, Dec. 8, 2005; 71
FR 75654, Dec. 18, 2006]
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.
(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
[[Page 404]]
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) Prior to movement from approved insect-proof screenhouses in the
Arava Valley, the peppers must be packed in either individual insect-
proof cartons or in non-insect-proof cartons that are covered by insect-
proof mesh or plastic tarpaulins; covered non-insect-proof cartons must
be placed in shipping containers.
(8) The packaging safeguards required by paragraph (b)(7) of this
section must remain intact at all times during the movement of the
peppers to the United States and must be intact upon arrival of the
peppers in the United States.
(9) Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the Israeli national plant protection organization
stating that the conditions of paragraphs (b)(1) through (b)(7) of this
section have been met.
(Approved by the Office of Management and Budget under control number
0579-0210)
[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; 68 FR
37920, June 25, 2003]
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
(Bactrocera tryoni [Frogg]), and other fruit flies destructive of
citrus:
(1) The Riverland district of South Australia, defined as the county
of Hamley; the geographical subdivisions, called hundreds, of
Bookpurnong, Cadell, Eba, Fisher, Forster, Gordon, Hay, Holder,
Katarapko, Loveday, Markaranka, Morook, Murbko, Murtho, Nildottie,
Paisley, Parcoola, Paringa, Pooginook, Pyap, Ridley, Skurray, Stuart,
and Waikerie; and the Parish of Onley of the Shire of Mildura, Victoria;
(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. 319.56-2(f)
detect, in a district listed in paragraph (a) of this section, the
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the Queensland
fruit fly (Bactrocera tryoni [Frogg]), or other fruit flies that attack
citrus and for which a treatment is listed in part 305 of this chapter,
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 part 305 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
[[Page 405]]
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 part 305 of this chapter, importation of citrus from the
affected district or districts is prohibited. Irradiation treatments
found at part 305 of this chapter may be used as an alternative to the
cold treatment described in this paragraph.
[61 FR 8207, Mar. 4, 1996, as amended at 68 FR 37920, June 25, 2003; 70
FR 33326, June 7, 2005; 70 FR 72891, Dec. 8, 2005]
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; all areas in the State of Bahia
that are between the Jequitinhonha River and the border with the State
of Espirito Santo and all areas in the State of Rio Grande del Norte
that contain the following municipalities: Touros, Pureza, Rio do Fogo,
Barra de Maxaranguape, Taipu, Ceara Mirim, Extremoz, Ielmon Marinho, Sao
Goncalo do Amarante, Natal, Maciaba, Parnamirim, Veracruz, Sao Jose de
Mipibu, Nizia Floresta, Monte Aletre, Areas, Senador Georgino Avelino,
Espirito Santo, Goianinha, Tibau do Sul, Vila Flor, and Canguaretama e
Baia Formosa.
(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, Leon, Managua,
Masaya, and Rivas.
(7) Panama: Provinces of Cocl[eacute], Herrera, and Los Santos;
Districts of Aleanje, David, and Dolega in the Province of
Chiriqu[iacute]; 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 48 [deg]C (118.4 [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
[[Page 406]]
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, 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;
70 FR 72891, Dec. 8, 2005]
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 part 305
of this chapter.
----------------------------------------------------------------------------------------------------------------
Country locality Common name Botanical name Plant part(s)
----------------------------------------------------------------------------------------------------------------
Argentina......................... Apple................ Malus domestica...... Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Apricot.............. Prunus armeniaca..... Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Blueberry............ Vaccinium spp........ Fruit. (Treatment for Medfly
not required if fruit is
grown in a fruit fly-free
area (see Sec. 319.56-
2(j)).
Cherry............... Prunus avium, P. Fruit. (Treatment for
cerasus. Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Grape................ Vitis spp............ Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Kiwi................. Actinidia deliciosa.. Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Nectarine............ Prunus persica var. Fruit. (Treatment for
nucipersica. Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Peach................ Prunus persica var. Fruit. (Treatment for
persica. Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Pear................. Pyrus communis....... Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Plum................. Prunus domestica spp. Fruit. (Treatment for
domestica. Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Pomegranate.......... Punica granatum...... Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Quince............... Cydonia oblonga...... Fruit. (Treatment for
Anastrepha spp. fruit flies
and Medfly not required if
fruit is grown in a fruit fly-
free area (see Sec. 319.56-
2(j)).
Bolivia........................... Blueberry............ Vaccinium spp........ fruit.
Chile............................. Apple................ Malus domestica...... Fruit. (Treatment for
Mediterranean fruit fly
(Medfly) not required if
fruit is grown in a Medfly-
free area (see Sec. 319.56-
2(j)).
[[Page 407]]
Avocado.............. Persea americana..... Fruit. (Treatment for
Mediterranean fruit fly
(Medfly) not required if
fruit is grown in a Medfly-
free area (see Sec. 319.56-
2(j)).
Cherry............... Prunus avium, P. Fruit. (Treatment for
cerasus. Mediterranean fruit fly
(Medfly) not required if
fruit is grown in a Medfly-
free area (see Sec. 319.56-
2(j)).
Chile Lemon................ Citrus limon......... Fruit.
Lime................. Citrus aurantifolia fruit.
and C. 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.
Pear................. Pyrus communis....... Fruit. (Treatment for
Mediterranean fruit fly
(Medfly) not required if
fruit is grown in a Medfly-
free area (see Sec. 319.56-
2(j)).
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 or cluster. (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.'')
Longan............... Dimocarpus longan.... Fruit or cluster
Colombia.......................... Blueberry............ Vaccinium spp........ Fruit.
Cape gooseberry...... Physalis peruviana... Fruit.
Yellow pitaya........ Selenicereus Fruit.
megalanthus.
Dominican Republic................ Pigeon peas.......... Cajanus cajan........ Pod or shelled (Treatment not
required for pigeon peas (in
the pod or fresh shelled)
imported into Puerto Rico.)
Ecuador........................... Blueberry............ Vaccinium spp........ fruit.
El Salvador....................... Green 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, Pod or shelled
subsp. sesquipedalis.
India............................. Litchi............... Litchi chinensis..... Fruit or cluster (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........................... 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 or cluster. (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.'')
Loquat............... Eriobotrya japonica.. fruit.
Pummelo.............. Citrus grandis....... fruit.
Tuna................. Opuntia spp.......... Fruit.
Italy............................. Kiwi................. Actinidia deliciosa.. 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).)
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.
Yard-long-bean....... Vigna unguiculata.... Pod.
Panama............................ Bean, green and lima. Phaseolus vulgaris pod.
and P. lunatus.
[[Page 408]]
Peru.............................. Blueberry............ Vaccinium spp........ fruit.
Republic of South Africa.......... Apple................ Malus domestica...... Fruit.
Grape................ Vitis spp............ Fruit.
Spain............................. Kiwi................. Actinidia deliciosa.. Fruit.
Lettuce.............. Lactuca spp.......... Above ground parts, commercial
shipments only.
Persimmon............ Diospyros khaki...... Fruit.
Taiwan............................ Carambola............ Averrhoa carambola... fruit.
Litchi............... Litchi chinensis..... Fruit or cluster. (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.'')
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.
----------------------------------------------------------------------------------------------------------------
(b) If treatment has not been completed before the fruits and
vegetables arrive in the United States, fruits and vegetables listed in
the table in this section and requiring treatment for fruit flies may
arrive in the United States only at a port listed in Sec. 319.56-
2d(b)(1) of this subpart.
[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; 68 FR 2684,
Jan. 21, 2003; 68 FR 6544, Feb. 7, 2003; 68 FR 37920, June 25, 2003; 70
FR 33326, June 7, 2005; 70 FR 72891, Dec. 8, 2005; 71 FR 75657, Dec. 18,
2006]
Sec. 319.56-2y Conditions governing the entry of melon and watermelon
from certain countries in South America.
(a) Cantaloupe and watermelon from Ecuador. Cantaloupe (Cucumis
melo) and watermelon (fruit) (Citrullus lanatus) may be imported into
the United States from Ecuador only in accordance with this paragraph
and all other applicable requirements of this subpart:
(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 fly (Anastrepha grandis)
has been conducted for at least the previous 12 months by the national
plant protection organization (NPPO) of Ecuador, under the direction of
APHIS, with no findings of the pest.\7\
---------------------------------------------------------------------------
\7\ Information on the trapping program may be obtained by writing
to the Animal and Plant Health Inspection Service, International
Services, Stop 3432, 1400 Independence Avenue SW., Washington, DC 20250-
3432.
---------------------------------------------------------------------------
(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.
(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
[[Page 409]]
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) Cantaloupe, honeydew melons, and watermelon from Brazil.
Cantaloupe, honeydew melons, and watermelon may be imported into the
United States from Brazil only in accordance with this paragraph and all
other applicable requirements of this subpart:
(1) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Brazil considered by APHIS to be free of the South
American cucurbit fly in accordance with Sec. 319.56-2(e)(4) of this
subpart.
(i) 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.
(ii) All shipments of cantaloupe, honeydew melons, and watermelon
must be accompanied by a phytosanitary certificate issued by the NPPO of
Brazil that includes a declaration indicating that the fruit was grown
in an area recognized to be free of the South American cucurbit fly.
(2) 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.
(3) All shipments of cantaloupe, honeydew melons, and watermelon
must be labeled in accordance with Sec. 319.56-2(g) of this subpart.
(c) Cantaloupe, honeydew melons, and watermelon from Venezuela.
Cantaloupe, honeydew melons, and watermelon may be imported into the
United States from Venezuela only in accordance with this paragraph and
all other applicable requirements of this subpart:
(1) The cantaloupe, honeydew melons, or watermelon must have been
grown in the area of Venezuela considered by APHIS to be free of the
South American cucurbit fly in accordance with Sec. 319.56-2(e)(4) of
this subpart.
(i) 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.
(ii) All shipments of cantaloupe, honeydew melons, and watermelon
must be accompanied by a phytosanitary certificate issued by the NPPO of
Venezuela that includes a declaration indicating that the fruit was
grown in an area recognized to be free of the South American cucurbit
fly.
(2) 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.
(3) All shipments of cantaloupe, honeydew melons, and watermelon
must be labeled in accordance with Sec. 319.56-2(g) of this subpart.
(d) Cantaloupe, netted melon, vegetable melon, winter melon, and
watermelon from Peru. Cantaloupe, netted melon, vegetable melon, and
winter melon (Cucumis melo L. subsp. melo); and watermelon may be
imported into the United States from Peru only in accordance with this
paragraph and all other applicable requirements of this subpart:
(1) The fruit may be imported in commercial shipments only.
(2) The fruit must have been grown in the area of Peru considered by
APHIS to be free of the South American cucurbit fly in accordance with
Sec. 319.56-2(e)(4) of this subpart.
(i) The Departments of Lima, Ica, Arequipa, Moquegua, and Tacna in
Peru are considered free of the South American cucurbit fly.
(ii) All shipments must be accompanied by a phytosanitary
certificate issued by the NPPO of Peru that includes a declaration
indicating that
[[Page 410]]
the fruit was grown in an area recognized to be free of the South
American cucurbit fly, and upon inspection, was found free of the gray
pineapple mealybug (Dysmicoccus neobrevipes).
(3) The fruit 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.
(4) All shipments of fruit must be labeled in accordance with Sec.
319.56-2(g) of this subpart, and the boxes in which the fruit is packed
must be labeled ``Not for distribution in HI, PR, VI, or Guam.''
(Approved by the Office of Management and Budget under control number
0579-0236)
[69 FR 65065, Nov. 10, 2004]
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 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
[[Page 411]]
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.\8\
---------------------------------------------------------------------------
\8\ 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;
68 FR 37921, June 25, 2003]
Sec. 319.56-2aa Conditions governing the entry of watermelon, squash,
cucumber, and oriental melon from the Republic of Korea.
Watermelon (Citrullus lanatus), squash (Curcurbita maxima), cucumber
(Cucumis sativus), and oriental melon (Cucumis melo) may be imported
into the United States from the Republic of Korea only in accordance
with this paragraph and all other applicable requirements of this
subpart:
(a) The fruit must be grown in pest-proof greenhouses registered
with the Republic of Korea's national plant protection organization
(NPPO).
(b) The NPPO must inspect and regularly monitor greenhouses for
plant pests. The NPPO must inspect greenhouses and plants, including
fruit, at intervals of no more than 2 weeks, from the time of fruit set
until the end of harvest.
(c) The NPPO must set and maintain McPhail traps (or a similar type
with a protein bait that has been approved for the pests of concern) in
greenhouses from October 1 to April 30. The number of traps must be set
as follows: Two traps for greenhouses smaller than 0.2 hectare in size;
three traps for greenhouses 0.2 to 0.5 hectare; four traps for
greenhouses over 0.5 hectare and up to 1.0 hectare; and for greenhouses
greater than 1 hectare, traps must be placed at a rate of four traps per
hectare.
(d) The NPPO must check all traps once every 2 weeks. If a single
pumpkin fruit fly is captured, that greenhouse will lose its
registration until trapping shows that the infestation has been
eradicated.
(e) The fruit may be shipped only from December 1 through April 30.
(f) Each shipment must be accompanied by a phytosanitary certificate
issued by NPPO, with the following additional declaration: ``The
regulated articles in this shipment were grown in registered greenhouses
as specified by 7 CFR 319.56-2aa.''
(g) Each shipment must be protected from pest infestation from
harvest until export. Newly harvested fruit must be covered with insect-
proof mesh or a plastic tarpaulin while moving to the packinghouse and
awaiting packing. Fruit must be packed within 24 hours of harvesting, in
an enclosed container or vehicle or in insect-proof cartons or cartons
covered with insect-proof mesh or plastic tarpaulin, and then placed in
containers for shipment. These safeguards must be intact when the
shipment arrives at the port in the United States.
(Approved by the Office of Management and Budget under control number
0579-0236)
[69 FR 65065, Nov. 10, 2004]
Sec. 319.56-2bb Conditions governing the entry of shelled garden peas
from Kenya.
Garden peas (Pisum sativum) may be imported into the continental
United States from Kenya only under the following conditions:
(a) The peas must be shelled from the pod.
(b) The peas must be washed in disinfectant water at 3 to 5 [deg]C
containing 50 ppm chlorine.
(c) Each shipment of peas must be accompanied by a phytosanitary
certificate of inspection issued by the national plant protection
organization of Kenya bearing the following additional declaration:
``These peas have been shelled and washed in accordance with
[[Page 412]]
7 CFR 319.56-2bb and have been inspected and found free of pests.''
(Approved by the Office of Management and Budget under control number
0579-0302)
[71 FR 62198, Oct. 24, 2006]
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 part
305 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 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, as amended at 70 FR 33326, June 7, 2005]
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: \9\
---------------------------------------------------------------------------
\9\ 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, the Murcia
Province, or the municipalities of Albu[ntilde]ol and Carchuna in the
Granada
[[Page 413]]
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 from harvest to export by insect-proof mesh screens
or plastic tarpaulins, including while in transit to the packing house
and while awaiting packaging. They must be packed in insect-proof
cartons or covered by insect-proof mesh or plastic tarpaulins for
transit to the airport and subsequent export to the United States. These
safeguards must be intact upon arrival in the United States; and
(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, the Murcia Province, or the municipalities of
Albu[ntilde]ol and Carchuna in the Granada 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: \10\
---------------------------------------------------------------------------
\10\ See footnote 9 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 insect-proof
mesh screen or plastic tarpaulin while in transit to the packing house
and while awaiting packing. They must be packed in insect-proof cartons
or covered by insect-proof mesh screen or plastic tarpaulin. These
safeguards must be intact upon arrival in the United States; 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
[[Page 414]]
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:
\11\
---------------------------------------------------------------------------
\11\ See footnote 9 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 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 and must
be pink at the time of packing. They must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the packing
house and while awaiting packing. They must be packed in insect-proof
cartons or covered by insect-proof mesh or plastic tarpaulin for transit
to the airport and export to the United States. These safeguards must be
intact upon arrival in the United States; 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 with treatment in accordance with paragraph
(d)(1) of this section or if produced in accordance with the systems
approach described in paragraph (d)(2) of this section.
(1) With treatment. (i) The tomatoes must be treated in Chile with
methyl bromide in accordance with part 305 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;
(ii) The tomatoes must be treated and packed within 24 hours of
harvest. Once treated, the tomatoes must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in
[[Page 415]]
transit to the packing house and awaiting packing. They must be packed
in insect-proof cartons or insect-proof mesh or plastic tarpaulin under
APHIS monitoring for transit to the airport and subsequent export to the
United States. These safeguards must be intact upon arrival in the
United States; and
(iii) Tomatoes may be imported into the United States from Chile
with treatment in accordance with this paragraph (d)(1) 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 will be returned to SAG by APHIS at the end of
the shipping season.
(2) Systems approach. The tomatoes may be imported without
fumigation for Tuta absoluta, Rhagoletis tomatis, and Mediterranean
fruit fly (Medfly, Ceratitis capitata) if they meet the following
conditions:
(i) The tomatoes must be grown in approved production sites that are
registered with SAG. Initial approval of the production sites will be
completed jointly by SAG and APHIS. SAG will visit and inspect the
production sites monthly, starting 2 months before harvest and continue
until the end of the shipping season. APHIS may monitor the production
sites at any time during this period.
(ii) Tomato production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 mm (or less) screening.
(iii) The tomatoes must originate from a Medfly free area (see Sec.
319.56-2(j)) of Chile or an area where Medfly trapping occurs.
Production sites in areas where Medfly is known to occur must contain
traps for both Medfly and Rhagoletis tomatis in accordance with
paragraphs (d)(2)(iii) and (d)(2)(iv) of this section. Production sites
in all other areas do not require trapping for Medfly. The trapping
protocol for the detection of Medfly in infested areas is as follows:
(A) McPhail traps with an approved protein bait must be used within
registered greenhouses. Traps must be placed inside greenhouses at a
density of 4 traps/10 ha, with a minimum of at least two traps per
greenhouse.
(B) Medfly traps with trimedlure must be placed inside a buffer area
500 meters wide around the registered production site, at a density of 1
trap/10 ha and a minimum of 10 traps. These traps must be checked at
least every 7 days. At least one of these traps must be near a
greenhouse. Traps must be set for at least 2 months before export and
trapping and continue to the end of the harvest season.
(C) Medfly prevalence levels in the surrounding areas must be 0.7
Medflies per trap per week or lower. If levels exceed this before
harvest, the production site will be prohibited from shipping under the
systems approach. If the levels exceed this after the 2 months prior to
harvest, the production site would be prohibited from shipping under the
systems approach until
[[Page 416]]
APHIS and the NPPO of Chile agree that the pest risk has been mitigated.
(iv) Registered production sites must contain traps for Rhagoletis
tomatis in accordance with the following provisions:
(A) McPhail traps with an approved protein bait must be used within
registered greenhouses. Traps must be placed inside greenhouses at a
density of 4 traps/10 ha, with a minimum of at least two traps per
greenhouse. Traps inside greenhouses will use the same bait for Medfly
and Rhagoletis tomatis because the bait used for R. tomatis is
sufficient for attracting both types of fruit fly within the confines of
a greenhouse; therefore, it is unnecessary to repeat this trapping
protocol in production sites in areas where Medfly is known to occur.
(B) McPhail traps with an approved protein bait must be placed
inside a 500 meter buffer zone at a density of 1 trap/10 ha surrounding
the production site. At least one of the traps must be near a
greenhouse. Traps must be set for at least 2 months before export until
the end of the harvest season and must be checked at least every 7 days.
In areas where Medfly trapping is required, traps located outside of
greenhouses must contain different baits for Medfly and Rhagoletis
tomatis. There is only one approved bait for R. tomatis and the bait is
not strong enough to lure Medfly when used outside greenhouses;
therefore, separate traps must be used for each type of fruit fly
present in the area surrounding the greenhouses.
(C) If within 30 days of harvest a single Rhagoletis tomatis is
captured inside the greenhouse or in a consignment or if two R. tomatis
are captured or detected in the buffer zone, shipments from the
production site will be suspended until APHIS and SAG determine that
risk mitigation is achieved.
(v) Registered production sites must conduct regular inspections for
Tuta absoluta throughout the harvest season and find these areas free of
T. absoluta evidence (e.g., eggs or larvae). If within 30 days of
harvest, two Tuta absoluta are captured inside the greenhouse or a
single T. absoluta is found inside the fruit or in a consignment,
shipments from the production site would be suspended until APHIS and
SAG determine that risk mitigation is achieved.
(vi) SAG will ensure that populations of Liriomyza huidobrensis
inside greenhouses are well managed by doing inspections during the
monthly visits specifically for L. huidobrensis mines in the leaves and
for visible external pupae or adults. If L. huidobrensis is found to be
generally infesting the production site, shipments from the production
site would be suspended until APHIS and SAG agree that risk mitigation
is achieved.
(vii) All traps must be placed at least 2 months prior to harvest
and be maintained throughout the harvest season and be monitored and
serviced weekly.
(viii) SAG must maintain records of trap placement, checking of
traps, and of any Rhagoletis tomatis or Tuta absoluta captures for 1
year for APHIS review. SAG must maintain an APHIS approved quality
control program to monitor or audit the trapping program. APHIS must be
notified when a production site is removed from or added to the program.
(ix) The tomatoes must be packed within 24 hours of harvest in a
pest-exclusionary packinghouse. The tomatoes must be safeguarded by a
pest-proof screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Tomatoes must be packed in
insect-proof cartons or containers or covered with insect-proof mesh or
plastic tarpaulin for transit to the United States. These safeguards
must remain intact until arrival in the United States.
(x) During the time the packinghouse is in use for exporting fruit
to the United States, the packinghouse may only accept fruit from
registered approved production sites.
(xi) SAG is responsible for export certification inspection and
issuance of phytosanitary certificates. Each shipment of tomatoes must
be accompanied by a phytosanitary certificate issued by SAG with an
additional declaration, ``These tomatoes were grown in an approved
production site in Chile.'' The shipping box must be labeled with the
identity of the production site.
(e) Tomatoes from Australia. Tomatoes (fruit) (Lycopersicon
esculentum) may be
[[Page 417]]
imported into the United States from Australia only under the following
conditions:
(1) The tomatoes must be grown in greenhouses registered with, and
inspected by, the Australian Quarantine Inspection Service (AQIS);
(2) Two months prior to shipping, AQIS must inspect the greenhouse
to establish its freedom from the following quarantine pests: Bactrocera
aquilonis, B. cucumis, B. jarvis, B. neohumeralis, B. tryoni, Ceratitis
capitata, Chrysodeixis argentifera, C. erisoma, Helicoverpa armigera, H.
punctigera, Lamprolonchaea brouniana, Sceliodes cordalis, and Spodoptera
litura. AQIS must also set and maintain fruit fly traps inside the
greenhouses and around the perimeter of the greenhouses. Inside the
greenhouses, the traps must be APHIS-approved fruit fly traps, and they
must be set at the rate of six per hectare. In all areas outside the
greenhouse and within 8 kilometers of the greenhouse, fruit fly traps
must be placed on a 1 kilometer grid. All traps must be checked at least
every 7 days;
(3) Within a registered greenhouse, capture of a single fruit fly or
other quarantine pest will result in immediate cancellation of exports
from that greenhouse until the source of the infestation is determined,
the infestation has been eradicated, and measures are taken to preclude
any future infestation;
(4) Outside of a registered greenhouse, if one fruit fly of the
species specified in paragraph (e)(2) of this section is captured, the
trap density and frequency of trap inspection must be increased to
detect a reproducing colony. Capture of two Medflies or three of the
same species of Bactrocera within 2 kilometers of each other and within
30 days will result in the cancellation of exports from all registered
greenhouses within 2 kilometers of the finds until the source of the
infestation is determined and the fruit fly infestation is eradicated;
(5) AQIS must maintain records of trap placement, checking of traps,
and any fruit fly 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 an insect-proof mesh screen or plastic tarpaulin
while in transit to the packing house or while awaiting packing. They
must be placed in insect-proof cartons or securely covered with insect-
proof mesh or plastic tarpaulin for transport to the airport or other
shipping point. These safeguards must be intact upon arrival in the
United States; and
(7) Each shipment of tomatoes must be accompanied by a phytosanitary
certificate issued by AQIS stating ``These tomatoes were grown, packed,
and shipped in accordance with the requirements of Sec. 319.56-2dd(e)
of 7 CFR.''
(f) Tomatoes (fruit) (Lycopersicon esculentum) from certain
countries in Central America. Pink or red tomatoes may be imported into
the United States from Costa Rica, El Salvador, Guatemala, Honduras,
Nicaragua, and Panama only under the following conditions:
(1) From areas free of Mediterranean fruit fly:
(i) The tomatoes must be grown and packed in an area that has been
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in
accordance with the procedures described in Sec. 319.56-2(f) of this
subpart.
(ii) A pre-harvest inspection of the production site must be
conducted by the national plant protection organization (NPPO) of the
exporting country for pea leafminer, tomato fruit borer, and potato
spindle tuber viroid. If any of these pests are found to be generally
infesting the production site, the NPPO may not allow exports from that
production site until the NPPO and APHIS have determined that risk
mitigation has been achieved.
(iii) The tomatoes must be packed in insect-proof cartons or
containers or covered with insect-proof mesh or plastic tarpaulin at the
packinghouse for transit to the United States. These safeguards must
remain intact until arrival in the United States.
(iv) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes must be accompanied by a phytosanitary
certificate issued by the
[[Page 418]]
NPPO and bearing the declaration, ``These tomatoes were grown in an area
recognized to be free of Medfly and the shipment has been inspected and
found free of the pests listed in the requirements.''
(2) From areas where Medfly is considered to exist:
(i) The tomatoes must be grown in approved registered production
sites. Initial approval of the production sites will be completed
jointly by the exporting country's NPPO and APHIS. The exporting
country's NPPO must visit and inspect the production sites monthly
starting 2 months before harvest and continuing through until the end of
the shipping season. APHIS may monitor the production sites at any time
during this period.
(ii) Tomato production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(iii) Registered sites must contain traps for the detection of
Medfly both within and around the production site as follows:
(A) Traps with an approved protein bait for Medfly must be placed
inside the greenhouses at a density of four traps per hectare, with a
minimum of two traps per greenhouse. Traps must be serviced on a weekly
basis.
(B) If a single Medfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to export tomatoes to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(C) Medfly traps with an approved lure must be placed inside a
buffer area 500 meters wide around the registered production site, at a
density of 1 trap per 10 hectares and a minimum of 10 traps. These traps
must be checked at least every 7 days. At least one of these traps must
be near the greenhouse. Traps must be set for at least 2 months before
export and trapping must continue to the end of the harvest.
(D) Capture of 0.7 or more Medflies per trap per week will delay or
suspend the harvest, depending on whether harvest has begun, for
consignments of tomatoes from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(E) The greenhouse must be inspected prior to harvest for pea
leafminer, tomato fruit borer, and potato spindle tuber viroid. If any
of these pests, or other quarantine pests, are found to be generally
infesting the greenhouse, exports from that production site will be
halted until the exporting country's NPPO and APHIS determine that the
pest risk has been mitigated.
(iv) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Medfly captures in addition to
production site and packinghouse inspection records. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(v) The tomatoes must be packed within 24 hours of harvest in a
pest-exclusionary packinghouse. The tomatoes must be safeguarded by an
insect-proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. The tomatoes must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh or
plastic tarpaulin, for transit into the United States. These safeguards
must remain intact until arrival in the United States or the consignment
will be denied entry into the United States.
(vi) During the time the packinghouse is in use for exporting
tomatoes to the United States, the packinghouse may only accept tomatoes
from registered approved production sites.
(vii) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of tomatoes must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
tomatoes were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the requirements.''
The shipping box must
[[Page 419]]
be labeled with the identity of the production site.
(Approved by the Office of Management and Budget under control numbers
0579-0049, 0579-0131, 0579-0280, and 0579-0286)
[63 FR 39216, July 22, 1998, as amended at 68 FR 37921, June 25, 2003;
70 FR 33326, June 7, 2005; 71 FR 50842, Aug. 28, 2006; 71 FR 75658, Dec.
18, 2006]
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 Shandong
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. Pears from Shandong Province must be cold treated for
Bactrocera dorsalis in accordance with part 305 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 this section have been met.
[60 FR 50386, Sept. 29, 1995, as amended at 66 FR 45161, Aug. 28, 2001;
68 FR 34519, June 10, 2003; 70 FR 33326, June 7, 2005]
Sec. 319.56-2ff Administrative instructions governing movement of Hass
avocados from Michoacan, Mexico.
Fresh Hass variety avocados (Persea americana) may be imported from
Michoacan, Mexico, into the United States only under a permit issued in
accordance with Sec. 319.56-3, and only under the following conditions:
(a) Shipping restrictions. (1) The avocados may be imported in
commercial shipments only;
(2) Between January 31, 2005, and January 31, 2007, the avocados may
be imported into and distributed in all States except California,
Florida, Hawaii, Puerto Rico, and U.S. Territories. After January 31,
2007, the avocados may be imported into and distributed in all States,
but not Puerto Rico or any U.S. Territory.
(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 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
[[Page 420]]
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. The Mexican national plant protection
organization (NPPO) must provide an annual work plan to APHIS that
details the activities that the Mexican NPPO will, subject to APHIS'
approval of the work plan, carry out to meet the requirements of this
section; APHIS will be directly involved with the Mexican NPPO in the
monitoring and supervision of those activities. The personnel conducting
the trapping and pest surveys must be hired, trained, and supervised by
the Mexican NPPO or by the Michoacan State delegate of the Mexican NPPO.
(1) Municipality requirements. (i) The municipality must be listed
as an approved municipality in the bilateral work plan provided to APHIS
by the Mexican NPPO.
(ii) The municipality must be surveyed at least semiannually (once
during the wet season and once during the dry season) 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.
(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 the Mexican NPPO'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 the Mexican NPPO. The operations of the
orchard must meet the following conditions:
(i) The orchard and all contiguous orchards and properties must be
surveyed semiannually and found to be free from the avocado stem weevil
Copturus aguacatae.
(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 official registration number
of the orchard. The avocados must be moved from the orchard to the
packinghouse within 3 hours of harvest or 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 the Mexican NPPO's avocado export program and must be listed as an
approved packinghouse in the annual work plan provided to APHIS by the
Mexican NPPO. The operations of the
[[Page 421]]
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 the Mexican NPPO 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 biometric sample, at a rate
determined by APHIS, of avocados per consignment must be selected, cut,
and inspected by the Mexican NPPO 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 official 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. Between January
31, 2005, and January 31, 2007, the boxes or crates must be clearly
marked with the statement ``Not for importation or distribution in CA,
FL, HI, Puerto Rico, or U.S. Territories.'' After January 31, 2007, the
boxes or crates must be clearly marked with the statement ``Not for
importation or distribution in Puerto Rico or 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 consignments of avocados must be accompanied
by a phytosanitary certificate issued by the Mexican NPPO with an
additional declaration 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 aguacatae, C. perseae, or Stenoma catenifer are
discovered in a municipality during the semiannual pest surveys, orchard
surveys, packinghouse inspections, or other monitoring or inspection
activity in the municipality, the Mexican NPPO must immediately initiate
an investigation and take measures to isolate and eradicate the pests.
The Mexican NPPO 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 the Mexican NPPO agree that the pest
eradication measures taken have been effective and that the pest risk
within that municipality has been eliminated.
(2) If the Mexican NPPO discovers the stem weevil Copturus aguacatae
in an orchard during an orchard survey or other monitoring or inspection
activity in the orchard, the Mexican NPPO must 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 avocado exports from
that orchard will be suspended until APHIS and the Mexican NPPO agree
that the pest eradication measures taken have been effective and
[[Page 422]]
that the pest risk within that orchard has been eliminated.
(3) If the Mexican NPPO discovers the stem weevil Copturus aguacatae
in fruit at a packinghouse, the Mexican NPPO 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 avocado exports from that orchard
will be suspended until APHIS and the Mexican NPPO agree that the pest
eradication measures taken have been effective and that the pest risk
within that orchard has been eliminated.
(f) Ports. The avocados 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 (a)(2) of this section.
(g) Inspection. The avocados are subject to inspection by an
inspector at the port of first arrival. At the port of first arrival, an
inspector will sample and cut avocados from each consignment to detect
pest infestation.
(h) 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.
[62 FR 5313, Feb. 5, 1997, as amended at 64 FR 68005, Dec. 6, 1999; 66
FR 55551, Nov. 1, 2001; 68 FR 37922, June 25, 2003; 69 FR 69773, Nov.
30, 2004; 70 FR 6999, Feb. 10, 2005; 71 FR 61374, Oct. 18, 2006]
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 Alicante or 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 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 from harvest to export by
insect-proof mesh or plastic tarpaulin, including while in transit to
the packing house and while awaiting packing. They must be packed in
insect-proof cartons or covered by insect-proof mesh or plastic
tarpaulin for transit to the airport and subsequent export to the United
States. These safeguards must be intact upon arrival in the United
States;
(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
[[Page 423]]
(h) A phytosanitary certificate issued by MAFF and bearing the
declaration, ``These peppers were grown in registered greenhouses in
Alicante or Almeria Province in Spain,'' must accompany the shipment.
(Approved by the Office of Management and Budget under control number
0579-0210)
[63 FR 65656, Nov. 30, 1998, as amended at 68 FR 37922, June 25, 2003;
70 FR 72892, Dec. 8, 2005]
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) Mangoes grown on the island of Guimaras, which the Administrator
has determined meet 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), are eligible for importation into all areas of the United
States. Mangoes from all other areas of the Philippines except Palawan
are eligible for importation into Hawaii and Guam only. Mangoes from
Palawan are not eligible for importation into the United States.
(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). Shipments originating from approved
areas other than Guimaras must be labeled ``For distribution in Guam and
Hawaii only.''
(e) Phytosanitary certificate. Mangoes originating from all approved
areas must be accompanied by a phytosanitary certificate issued by the
Republic of the Philippines Department of Agriculture that contains an
additional declaration stating that the mangoes have been treated for
fruit flies of the genus Bactrocera in accordance with paragraph (b) of
this section. Phytosanitary certificates accompanying shipments of
mangoes originating from the island of Guimaras
[[Page 424]]
must also contain an additional declaration stating that the mangoes
were grown on the island of Guimaras.
(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 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.
(Approved by the Office of Management and Budget under control numbers
0579-0172 and 0579-0280)
[66 FR 32213, June 14, 2001, as amended at 71 FR 75659, Dec. 18, 2006]
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
[[Page 425]]
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.
(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 part 305 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.
[[Page 426]]
(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.
Lot. A number of units of clementines that are from a common origin
(i.e., a single producer or a homogenous production unit \12\).
---------------------------------------------------------------------------
\12\ 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, as amended at 68 FR 37922, June 25, 2003;
70 FR 33326, June 7, 2005]
Sec. 319.56-2kk Persimmons from the Republic of Korea.
Persimmons (fruit) (Disopyros khaki) may be imported into the United
States from the Republic of Korea only under the following conditions:
(a) The production site, which is an orchard, where the persimmons
are grown must have been inspected at least once during the growing
season and before harvest for the following pests: Conogethes
punctiferalis, Planococcus kraunhiae, Stathmopoda masinissa, and
Tenuipalpus zhizhilashiviliae;
(b) After harvest, the persimmons must be inspected by the Republic
of Korea's national plant protection organization (NPPO) and found free
of the pests listed in paragraph (a) of this section before the
persimmons may be shipped to the United States;
(c) Each shipment of persimmons must be accompanied by a
phytosanitary certificate issued by the Republic of Korea's NPPO stating
that the fruit is free of Conogethes punctiferalis, Planococcus
kraunhiae, Stathmopoda masinissa, and Tenuipalpus zhizhilashiviliae.
(d) If any of the pests listed in paragraph (a) of this section are
detected in an orchard, exports from that orchard will be canceled until
the source of infestation is determined and the infestation is
eradicated.
(Approved by the Office of Management and Budget under control number
0579-0210)
[68 FR 37922, June 25, 2003]
Sec. 319.56-2ll Conditions governing the entry of grapes from the
Republic of Korea.
Grapes (Vitis spp.) may be imported into the United States from the
Republic of Korea under the following conditions:
(a) The fields where the grapes are grown must be inspected during
the growing season by the Republic of Korea's national plant protection
organization (NPPO). The NPPO will inspect 250 grapevines per hectare,
inspecting leaves, stems, and fruit of the vines.
(b) If evidence of Conogethes punctiferalis, Eupoecilia ambiguella,
Sparganothis pilleriana, Stathmopoda auriferella, or Monilinia
fructigena is detected during inspection, the field will immediately be
rejected, and exports from that field will be canceled until visual
inspection of the vines shows that the infestation has been eradicated.
(c) Fruit must be bagged from the time the fruit sets until harvest.
(d) Each shipment must be inspected by the NPPO before export. For
each shipment, the NPPO must issue a phytosanitary certificate with an
additional declaration stating that the fruit in the shipment was found
free
[[Page 427]]
from C. punctiferalis, E. ambiguella, S. pilleriana, S. auriferella, or
M. fructigena, and Nippoptilia vitis.
(Approved by the Office of Management and Budget under control number
0579-0236)
[69 FR 65065, Nov. 10, 2004]
Sec. 319.56-2mm Conditions governing the importation of clementines,
mandarins, and tangerines from Chile.
Clementines (Citrus reticulata Blanco var. Clementine), mandarins
(Citrus reticulata Blanco), and tangerines (Citrus reticulata Blanco)
may be imported into the United States from Chile only under the
following conditions:
(a) The fruit must be accompanied by a specific written permit
issued in accordance with Sec. 319.56-3.
(b) If the fruit is produced in an area of Chile where Mediterranean
fruit fly (Ceratatis capitata) is known to occur, the fruit must be cold
treated in accordance with part 305 of this chapter. Fruit for which
cold treatment is required must be accompanied by documentation
indicating that the cold treatment was initiated in Chile (a PPQ Form
203 or its equivalent may be used for this purpose).
(c) The fruit must either be produced and shipped under the systems
approach described in paragraph (d) of this section or fumigated in
accordance with paragraph (e) of this section.
(d) Systems approach. The fruit may be imported without fumigation
for Brevipalpus chilensis if it meets the following conditions:
(1) Production site registration. The production site where the
fruit is grown must be registered with the national plant protection
organization (NPPO) of Chile. To register, the production site must
provide Chile's NPPO with the following information: Production site
name, grower, municipality, province, region, area planted to each
species, number of plants/hectares/species, and approximate date of
harvest. Registration must be renewed annually.
(2) Low prevalence production site certification. Between 1 and 30
days prior to harvest, random samples of fruit must be collected from
each registered production site under the direction of Chile's NPPO.
These samples must undergo a pest detection and evaluation method as
follows: The fruit and pedicels must be washed using a flushing method,
placed in a 20 mesh sieve on top of a 200 mesh sieve, sprinkled with a
liquid soap and water solution, washed with water at high pressure, and
washed with water at low pressure. The process must then be repeated.
The contents of the sieves must then be placed on a petri dish and
analyzed for the presence of live B. chilensis mites. If a single live
B. chilensis mite is found, the production site will not qualify for
certification as a low prevalence production site and will be eligible
to export fruit to the United States only if the fruit is fumigated in
accordance with paragraph (e) of this section. Each production site may
have only one opportunity per harvest season to qualify as a low
prevalence production site, and certification of low prevalence will be
valid for one harvest season only. The NPPO of Chile will present a list
of certified production sites to APHIS.
(3) Post-harvest processing. After harvest and before packing, the
fruit must be washed, rinsed in a chlorine bath, washed with detergent
with brushing using bristle rollers, rinsed with a hot water shower with
brushing using bristle rollers, predried at room temperature, waxed, and
dried with hot air.
(4) Phytosanitary inspection. The fruit must be inspected in Chile
at an APHIS-approved inspection site under the direction of APHIS
inspectors in coordination with the NPPO of Chile after the post-harvest
processing. A biometric sample will be drawn and examined from each
consignment of fruit, which may represent multiple grower lots from
different packing sheds. Clementines, mandarins, or tangerines in any
consignment may be shipped to the United States only if the consignment
passes inspection as follows:
(i) Fruit presented for inspection must be identified in the
shipping documents accompanying each lot of fruit that identify the
production site(s) where the fruit was produced and the packing shed(s)
where the fruit was
[[Page 428]]
processed. This identity must be maintained until the fruit is released
for entry into the United States.
(ii) A biometric sample of boxes from each consignment will be
selected and the fruit from these boxes will be visually inspected for
quarantine pests, and a portion of the fruit will be washed and the
collected filtrate will be microscopically examined for B. chilensis.
(A) If a single live B. chilensis mite is found, the fruit will be
eligible for importation into the United States only if it is fumigated
in Chile in accordance with paragraph (e) of this section. The
production site will be suspended from the low prevalence certification
program and all subsequent lots of fruit from the production site of
origin will be required to be fumigated as a condition of entry to the
United States for the remainder of the shipping season.
(B) If inspectors find evidence of any other quarantine pest, the
fruit in the consignment will remain eligible for importation into the
United States only if an authorized treatment for the pest is available
in part 305 of this chapter and the entire consignment is treated for
the pest in Chile under APHIS supervision.
(iii) Each consignment of fruit must be accompanied by a
phytosanitary certificate issued by the NPPO of Chile that contains an
additional declaration stating that the fruit in the consignment meets
the conditions of Sec. 319.56-2mm(d).
(e) Approved fumigation. Clementines, mandarins, or tangerines that
do not meet the conditions of paragraph (d) of this section may be
imported into the United States if the fruit is fumigated either in
Chile or at the port of first arrival in the United States with methyl
bromide for B. chilensis in accordance with part 305 of this chapter. An
APHIS inspector will monitor the fumigation of the fruit and will
prescribe such safeguards as may be necessary for unloading, handling,
and transportation preparatory to fumigation. The final release of the
fruit for entry into the United States will be conditioned upon
compliance with prescribed safeguards and required treatment.
(f) Trust fund agreement. Clementines, mandarins, and tangerines may
be imported into the United States under this section only if the NPPO
of Chile has entered into a trust fund agreement with APHIS. This
agreement requires the NPPO of Chile to pay in advance of each shipping
season all costs that APHIS estimates it will incur in providing
inspection and treatment monitoring 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 the NPPO of Chile 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 NPPO of Chile to deposit with APHIS a
certified or cashier's check for the amount of the remaining costs, as
determined by APHIS, before APHIS will provide any more services related
to the inspection and treatment of clementines, mandarins, and
tangerines in Chile. After a final audit at the conclusions of each
shipping season, any overpayment of funds would be returned to the NPPO
of Chile, or held on account until needed, at their option.
(Approved by the Office of Management and Budget under control number
0579-0242)
[69 FR 71696, Dec. 10, 2004, as amended at 70 FR 33326, June 7, 2005]
Sec. 319.56-2nn Administrative instructions: Conditions governing the
entry of fragrant pears from China.
Fragrant pears may be imported into the United States from China
only under the following conditions:
(a) Origin, growing, and harvest conditions. (1) The pears must have
been grown in the Korla region of Xinjiang Province in a production site
that is registered with the national plant protection organization of
China.
(2) All propagative material introduced into a registered production
site
[[Page 429]]
must be certified free of the pests listed in this section by the
national plant protection organization of China.
(3) Within 30 days prior to harvest, the national plant protection
organization of China or officials authorized by the national plant
protection organization of China must inspect the registered production
site for signs of pest infestation and allow APHIS to monitor the
inspections. The national plant protection organization of China must
provide APHIS with information on pest detections and pest detection
practices, and APHIS must approve the pest detection practices.
(4) If any of the quarantine pests listed in this section are found
during the pre-harvest inspection or at any other time, the national
plant protection organization of China must notify APHIS immediately.
(i) Upon detection of Oriental fruit fly (Bactrocera dorsalis),
APHIS may reject the lot or consignment and may prohibit the importation
into the United States of fragrant pears from China until an
investigation is conducted and APHIS and the national plant protection
organization of China agree that appropriate remedial action has been
taken.
(ii) Upon detection of peach fruit borer (Carposina sasaki), yellow
peach moth (Conogethes punctiferalis), apple fruit moth (Cydia
inopinata), Hawthorn spider mite (Tetranychus viennensis), red plum
maggot (Cydia funebrana), brown rot (Monilinia fructigena), Asian pear
scab (Venturia nashicola), pear trellis rust (Gymnosporangium fuscum),
Asian pear black spot (Alternaria spp.), or phylloxeran (Aphanostigma
sp. poss. jackusiensis), APHIS may reject the lot or consignment and may
prohibit the importation into the United States of fragrant pears from
the production site for the season. The exportation to the United States
of fragrant pears from the production site may resume in the next
growing season if an investigation is conducted and APHIS and the
national plant protection organization of China agree that appropriate
remedial action has been taken. If any of these pests is detected in
more than one registered production site, APHIS may prohibit the
importation into the United States of fragrant pears from China until an
investigation is conducted and APHIS and the national plant protection
organization of China agree that appropriate remedial action has been
taken.
(5) After harvest, the national plant protection organization of
China or officials authorized by the national plant protection
organization of China must inspect the pears for signs of pest
infestation and allow APHIS to monitor the inspections.
(6) Upon detection of large pear borer (Numonia pivivorella), pear
curculio (Rhynchites fovepessin), or Japanese apple curculio (R. heros),
APHIS may reject the lot or consignment.
(b) Packing requirements. (1) The fragrant pears must be packed in
cartons that are labeled in accordance with Sec. 319.56-2(g).
(2) The fragrant pears must be held in a cold storage facility while
awaiting export. If fruit from unregistered production sites are stored
in the same facility, the fragrant pears must be isolated from that
other fruit.
(c) Shipping requirements. (1) The fragrant pears must be shipped in
insect-proof containers and all pears must be safeguarded during
transport to the United States in a manner that will prevent pest
infestation.
(2) The fragrant pears may be imported only under a permit issued by
APHIS in accordance with Sec. 319.56-4.
(3) Each shipment of pears must be accompanied by a phytosanitary
certificate issued by the national plant protection organization of
China stating that the conditions of this section have been met and that
the shipment has been inspected and found free of the pests listed in
this section.
(Approved by the Office of Management and Budget under control number
0579-0227)
[70 FR 76139, Dec. 23, 2005]
Sec. 319.56-2oo Administrative instructions: Conditions governing the
entry of peppers from certain Central American countries.
Fresh peppers (Capsicum spp.) may be imported into the United States
from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua only
under the following conditions:
[[Page 430]]
(a) For peppers of the species Capsicum annuum, Capsicum frutescens,
Capsicum baccatum, and Capsicum chinense from areas free of
Mediterranean fruit fly (Medfly), terms of entry are as follows:
(1) The peppers must be grown and packed in an area that has been
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in
accordance with the procedures described in Sec. 319.56-2(f) of this
subpart.
(2) A pre-harvest inspection of the growing site must be conducted
by the national plant protection organization (NPPO) of the exporting
country for the weevil Faustinus ovatipennis, pea leafminer, tomato
fruit borer, banana moth, lantana mealybug, passionvine mealybug, melon
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus,
and tomato yellow mosaic virus, and if these pests are found to be
generally infesting the growing site, the NPPO may not allow export from
that production site until the NPPO has determined that risk mitigation
has been achieved.
(3) The peppers must be packed in insect-proof cartons or containers
or covered with insect-proof mesh or plastic tarpaulin at the
packinghouse for transit to the United States. These safeguards must
remain intact until arrival in the United States.
(4) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an area recognized to be free of Medfly and the
shipment has been inspected and found free of the pests listed in the
requirements.''
(b) For peppers of the species Capsicum annuum, Capsicum frutescens,
Capsicum baccatum, Capsicum chinense, and Capsicum pubescens from areas
in which Medfly is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO will visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS may
monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Medfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Medfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to export peppers to the United States until APHIS and the
exporting country's NPPO mutually determine that risk mitigation is
achieved.
(iii) Medfly traps with an approved lure must be placed inside a
buffer area 500 meters wide around the registered production site, at a
density of 1 trap per 10 hectares and a minimum of 10 traps. These traps
must be checked at least every 7 days. At least one of these traps must
be near the greenhouse. Traps must be set for at least 2 months before
export and trapping must continue to the end of the harvest.
(iv) Capture of 0.7 or more Medflies per trap per week will delay or
suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the weevil
Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana moth,
lantana mealybug, passionvine mealybug, melon thrips, the rust fungus
Puccinia pampeana, Andean potato mottle virus, and tomato yellow mosaic
virus. If any of these pests, or other quarantine pests, are found to be
[[Page 431]]
generally infesting the greenhouse, export from that production site
will be halted until the exporting country's NPPO determines that the
pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Medfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS' review.
(5) The peppers must be packed within 24 hours of harvest in a pest-
exclusionary packinghouse. The peppers must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh or
plastic tarpaulin, for transit to the United States. These safeguards
must remain intact until arrival in the United States or the consignment
will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting peppers
to the United States, the packinghouse may accept peppers only from
registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the requirements.''
The shipping box must be labeled with the identity of the production
site.
(c) For peppers of the species Capsicum pubescens from areas in
which Mexican fruit fly (Mexfly) is considered to exist:
(1) The peppers must be grown in approved production sites
registered with the NPPO of the exporting country. Initial approval of
the production sites will be completed jointly by the exporting
country's NPPO and APHIS. The exporting country's NPPO must visit and
inspect the production sites monthly, starting 2 months before harvest
and continuing through until the end of the shipping season. APHIS may
monitor the production sites at any time during this period.
(2) Pepper production sites must consist of pest-exclusionary
greenhouses, which must have self-closing double doors and have all
other openings and vents covered with 1.6 (or less) mm screening.
(3) Registered sites must contain traps for the detection of Mexfly
both within and around the production site.
(i) Traps with an approved protein bait must be placed inside the
greenhouses at a density of four traps per hectare, with a minimum of
two traps per greenhouse. Traps must be serviced on a weekly basis.
(ii) If a single Mexfly is detected inside a registered production
site or in a consignment, the registered production site will lose its
ability to ship under the systems approach until APHIS and the exporting
country's NPPO mutually determine that risk mitigation is achieved.
(iii) Mexfly traps with an approved protein bait must be placed
inside a buffer area 500 meters wide around the registered production
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps.
These traps must be checked at least every 7 days. At least one of these
traps must be near the greenhouse. Traps must be set for at least 2
months before export, and trapping must continue to the end of the
harvest.
(iv) Capture of 0.7 or more Mexflies per trap per week will delay or
suspend the harvest, depending on whether harvest has begun, for
consignments of peppers from that production site until APHIS and the
exporting country's NPPO can agree that the pest risk has been
mitigated.
(v) The greenhouse must be inspected prior to harvest for the weevil
Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana moth,
lantana mealybug, passionvine mealybug, melon thrips, the rust fungus
Puccinia pampeana, Andean potato mottle virus, and tomato yellow mosaic
virus. If any of these pests, or other quarantine pests, are found to be
[[Page 432]]
generally infesting the greenhouse, export from that production site
will be halted until the exporting country's NPPO determines that the
pest risk has been mitigated.
(4) The exporting country's NPPO must maintain records of trap
placement, checking of traps, and any Mexfly captures. The exporting
country's NPPO must maintain an APHIS-approved quality control program
to monitor or audit the trapping program. The trapping records must be
maintained for APHIS's review.
(5) The peppers must be packed within 24 hours of harvest in a pest-
exclusionary packinghouse. The peppers must be safeguarded by an insect-
proof mesh screen or plastic tarpaulin while in transit to the
packinghouse and while awaiting packing. Peppers must be packed in
insect-proof cartons or containers, or covered with insect-proof mesh or
plastic tarpaulin, for transit to the United States. These safeguards
must remain intact until arrival in the United States or the consignment
will be denied entry into the United States.
(6) During the time the packinghouse is in use for exporting peppers
to the United States, the packinghouse may accept peppers only from
registered approved production sites.
(7) The exporting country's NPPO is responsible for export
certification, inspection, and issuance of phytosanitary certificates.
Each shipment of peppers must be accompanied by a phytosanitary
certificate issued by the NPPO and bearing the declaration, ``These
peppers were grown in an approved production site and the shipment has
been inspected and found free of the pests listed in the requirements.''
The shipping box must be labeled with the identity of the production
site.
(Approved by the Office of Management and Budget under control number
0579-0274)
[71 FR 11292, Mar. 7, 2006]
Sec. 319.56-2pp Conditions governing the importation of citrus from
Peru.
Grapefruit (Citrus paradisi), limes (C. aurantiifolia), mandarins or
tangerines (C. reticulata), sweet oranges (C. sinensis), and tangelos
(Citrus tangelo) may be imported into the United States from Peru under
the following conditions:
(a) The fruit must be accompanied by a specific written permit
issued in accordance with Sec. 319.56-3.
(b) The fruit may be imported in commercial shipments only.
(c) Approved growing areas. The fruit must be grown in one of the
following approved citrus-producing zones: Zone I, Piura; Zone II,
Lambayeque; Zone III, Lima; Zone IV, Ica; and Zone V, Junin.
(d) Grower registration and agreement. The production site where the
fruit is grown must be registered for export with the national plant
protection organization (NPPO) of Peru, and the producer must have
signed an agreement with the NPPO of Peru whereby the producer agrees to
participate in and follow the fruit fly management program established
by the NPPO of Peru.
(e) Management program for fruit flies; monitoring. The NPPO of
Peru's fruit fly management program must be approved by APHIS, and must
require that participating citrus producers allow APHIS inspectors
access to production areas in order to monitor compliance with the fruit
fly management program. The fruit fly management program must also
provide for the following:
(1) Trapping and control. In areas where citrus is produced for
export to the United States, traps must be placed in fruit fly host
plants at least 6 weeks prior to harvest at a rate mutually agreed upon
by APHIS and the NPPO of Peru. If fruit fly trapping levels at a
production site exceed the thresholds established by APHIS and the NPPO
of Peru, exports from that production site will be suspended until APHIS
and the NPPO of Peru conclude that fruit fly population levels have been
reduced to an acceptable limit. Fruit fly traps are monitored weekly;
therefore, reinstatements of production sites will be evaluated on a
weekly basis.
(2) Records. The NPPO of Peru or its designated representative must
keep records that document the fruit fly trapping and control activities
in areas that produce citrus for export to the United States. All
trapping and control records kept by the NPPO of Peru or
[[Page 433]]
its designated representative must be made available to APHIS upon
request.
(f) Cold treatment. The fruit, except for limes (C. aurantiifolia),
must be cold treated for Anastrepha fraterculus, A. obliqua, A.
serpentina, and Ceratitis capitata (Mediterranean fruit fly) in
accordance with part 305 of this chapter.
(g) Phytosanitary inspection. Each consignment of fruit must be
accompanied by a phytosanitary certificate issued by the NPPO of Peru
stating that the fruit has been inspected and found free of Ecdytolopha
aurantiana.
(h) Port of first arrival sampling. Citrus fruits imported from Peru
are subject to inspection by an inspector at the port of first arrival
into the United States in accordance with Sec. 319.56-2d(b)(8). At the
port of first arrival, an inspector will sample and cut citrus fruits
from each shipment to detect pest infestation. If a single live fruit
fly in any stage of development or a single E. aurantiana is found, the
shipment will be held until an investigation is completed and
appropriate remedial actions have been implemented.
(Approved by the Office of Management and Budget under control number
0579-0289)
[71 FR 25494, May 1, 2006]
Sec. 319.56-2qq Administrative instructions; conditions governing the
entry of peppers from the Republic of Korea.
Peppers (Capsicum annuum L. var. annuum) from the Republic of Korea
may be imported into the continental United States only under the
following conditions:
(a) The peppers must be grown in the Republic of Korea in insect-
proof greenhouses approved by and registered with the National Plant
Quarantine Service (NPQS).
(b) The greenhouses must be equipped with double self-closing doors,
and any vents or openings in the greenhouses (other than the double
self-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 inspected monthly throughout the growing
season by NPQS to ensure phytosanitary procedures are employed to
exclude plant pests and diseases, and that the screens are intact.
(d) The peppers must be packed within 24 hours of harvest in a pest-
exclusionary packinghouse. During the time the packinghouse is in use
for exporting peppers to the continental United States, the packinghouse
can accept peppers only from registered approved production sites. The
peppers must be safeguarded by an insect-proof mesh screen or plastic
tarpaulin while in transit from the production site to the packinghouse
and while awaiting packing. The peppers must be packed in insect-proof
cartons or containers, or covered with insect-proof mesh or plastic
tarpaulin, for transit to the continental United States. These
safeguards must remain intact until the arrival of the peppers in the
United States or the shipment will not be allowed to enter the United
States.
(e) Each shipment of peppers must be accompanied by a phytosanitary
certificate of inspection issued by NPQS bearing the following
additional declaration: ``These peppers were grown in greenhouses in
accordance with the conditions in 7 CFR 319.56-2qq and were inspected
and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa
assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis,
Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi.''
(f) The peppers must be imported in commercial shipments only.
(Approved by the Office of Management and Budget under control number
0579-0282)
[71 FR 29243, May 22, 2006]
Sec. 319.56-2rr Administrative instructions; conditions governing the
importation of untreated grapefruit, sweet oranges, and
tangerines from Mexico for processing.
Untreated grapefruit (Citrus paradisi), sweet oranges (Citrus
sinensis), and tangerines (Citrus reticulata) may be imported into the
United States from Mexico for extracting juice if they originate from
production sites in Mexico that are approved by APHIS because they meet
the following conditions and any other conditions determined by the
Administrator to be necessary to mitigate the pest risk that such fruits
pose:
[[Page 434]]
(a) Application of sterile insect technique. Production sites, and a
surrounding 1.5 mile buffer area, must be administered under an APHIS-
approved preventative release program using sterile insect technique for
the Mexican fruit fly (Anastrepha ludens).
(b) Fruit fly trapping protocol. (1) Trapping densities. In areas
where grapefruit, sweet oranges, and tangerines are produced for export
to the United States, APHIS approved traps and lures must be placed in
production sites and a surrounding 1.5 mile buffer areas as follows:
(i) For Mexican fruit fly (Anastrepha ludens) and sapote fruit fly
(A. serpentina): One trap per 50 hectares.
(ii) For Mediterranean fruit fly (Ceratitis capitata): One to four
traps per 250 hectares.
(2) Fruit fly catches. Upon trapping of a Mexican fruit fly, sapote
fruit fly, or Mediterranean fruit fly in a production site or buffer
area, exports from that production site are prohibited until the
Administrator determines that the phytosanitary measures taken have been
effective to allow the resumption of export from that production site.
(3) Monitoring. The trapping program must be monitored under an
APHIS-approved quality control program.
(c) Safeguarding. Fruit must be safeguarded against fruit fly
infestation using methods approved by APHIS from the time of harvest
until processing in the United States.
(d) Phytosanitary certificate. Each shipment must be accompanied by
a phytosanitary certificate issued by Mexico's national plant protection
organization that contains additional declarations stating that the
requirements of paragraphs (a), (b), and (c) of this section have been
met.
(e) Ports. The harvested fruit may enter the United States only
through a port of entry located in one of the Texas counties listed in
Sec. 301.64-3(c) of this chapter.
(f) Route of transit. Harvested fruit must travel on the most direct
route to the processing plant from its point of entry into the United
States as specified in the import permit. Such fruit may not enter or
transit areas other than the Texas counties listed in Sec. 301.64-3(c)
of this chapter.
(g) Approved destinations. Processing plants within the United
States must be located within an area in Texas that is under an APHIS-
approved preventative release program using sterile insect technique for
Mexican fruit fly.
(h) Compliance agreements. Processing plants within the United
States must enter into a compliance agreement with APHIS in order to
handle grapefruit, sweet oranges, and tangerines imported from Mexico in
accordance with this section. APHIS will only enter into compliance
agreements with facilities that handle and process grapefruit, sweet
oranges, and tangerines from Mexico in such a way as to eliminate any
risk that exotic fruit flies could be disseminated into the United
States, as determined by APHIS.
(Approved by the Office of Management and Budget under control number
0579-0264)
[71 FR 33177, June 8, 2006]
Sec. 319.56-2ss Conditions governing the entry of grapes from Namibia.
Grapes (Vitis vinifera) may be imported into the United States from
Namibia only under the following conditions:
(a) The grapes must be cold treated for Cryptophlebia leucotreta,
Ceratitis capitata, Ceratitis rosa, and Epichoristodes acerbella in
accordance with part 305 of this chapter.
(b) The grapes must be fumigated for Aleurocanthus spiniferus, Apate
monachus, Bustomus setulosus, Ceroplastes rusci, Cryptoblabes gnidiella,
Dischista cincta, Empoasca lybica, Eremnus atratus, Eremnus cerealis,
Eremnus setulosus, Eutetranychus orientalis, Helicoverpa armigera,
Icerya seychellarum, Macchiademus diplopterus, Oxycarenus hyalinipennis,
Pachnoda sinuata, Phlyctinus callosus, Scirtothrips aurantii,
Scirtothrips dorsalis, Spodoptera littoralis, and Tanyrhynchus carinatus
in accordance with part 305 of this chapter.
(c) Each shipment of grapes must be accompanied by a phytosanitary
certificate of inspection issued by the national plant protection
organization of Namibia bearing the following additional declaration:
``The grapes in this shipment have been inspected and
[[Page 435]]
found free of Maconellicoccus hirsutus, Nipaecoccus vastator,
Rastrococcus iceryoides, Cochlicella ventricosa, and Theba pisana.''
(d) The grapes may be imported in commercial shipments only.
(Approved by the Office of Management and Budget under control number
0579-0300)
[71 FR 55089, Sept. 21, 2006]
Sec. 319.56-3 Applications for permits for importation of fruits and
vegetables; issuance of permits.
(a) Permit required. Except for fruits or vegetables that may be
imported under the general permit provided in Sec. 319.56-2(b), (c),
and (d) or for fruits and vegetables imported under an oral permit in
accordance with paragraph (d) of this section, no fruits or vegetables
may be imported unless a specific written permit has been issued for the
fruits or vegetables and unless the fruits or vegetables meet all other
applicable requirements of this subpart and any other requirements
specified by APHIS in the specific written permit.
(b) Applying for a specific written permit. Applications must be
submitted in writing or electronically and should be made in advance of
the proposed shipment and provided to the Plant Protection and
Quarantine program.\13\ Applications must include the country or
locality of origin of the fruits or vegetables, the port of first
arrival, the name and address of the importer in the United States, and
the identity and quantity of the fruit or vegetable.
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\13\ Application for permits to import fruit and vegetables under
this subpart may be submitted to the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine, 4700 River Road Unit 136,
Riverdale, MD 20737-1236; on the Internet using the APHIS Import
Authorization System, https://Web01.aphis.usda.gov/IAS.nsf/; or by fax
(301) 734-5786.
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(c) Issuance of permits. If APHIS approves the application, APHIS
will issue a permit specifying the conditions applicable to the
importation of the fruit or vegetable.
(d) Issuance of oral permits. Oral permits may be issued for
noncommercial shipments if the commodity is admissible with inspection
only. Oral permits may be issued for commercial shipments of fruits and
vegetables arriving in the United States without a specific written
permit if all applicable entry requirements are met and proof of
application for a specific written permit has been supplied to an
inspector.
(Approved by the Office of Management and Budget under control number
0579-0049)
[68 FR 37922, June 25, 2003]
Sec. 319.56-4 Amendment, denial, or withdrawal of permits.
(a) The Administrator may amend, deny, or withdraw a permit at any
time if he or she has determined that conditions exist that present an
unacceptable risk of the fruit or vegetable introducing quarantine pests
into the United States. If the withdrawal is oral, the withdrawal of the
permit and the reasons for the withdrawal will be confirmed in writing
as promptly as circumstances permit.
(b) Any person whose permit has been amended, denied, or withdrawn
may appeal the decision in writing to the Administrator within 10 days
after receiving the written notification of the decision. The appeal
must state all of the facts and reasons upon which the person relies to
show that the permit was wrongfully amended, denied, or withdrawn. The
Administrator will 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
who has filed an appeal requests a hearing, a hearing shall be held to
resolve the conflict. Rules of practice concerning the hearing will be
adopted by the Administrator. A permit withdrawal will remain in effect
pending resolution of the appeal or the hearing.
[68 FR 37922, June 25, 2003]
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 or her agent shall submit a notice, in duplicate, to
the Plant Protection and Quarantine Programs, through the United
[[Page 436]]
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 or her agent fails to submit the notice 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;
70 FR 33326, June 7, 2005]
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. Any person moving fresh fruits and
vegetables into the United States must offer those agricultural products
for entry at the U.S. port of first arrival. The owner or the agent must
make full disclosure of the type, quantity, and country of origin of all
fruits and vegetables in the shipment, either orally for non-commercial
shipments or on an invoice or similar document for commercial shipments,
and present that document to an inspector prior to moving the fruits or
vegetables from the port in accordance with paragraph (d) of this
section. All fruits and vegetables must be accurately disclosed and made
available to an inspector for examination. The owner or agent must
assemble the fruits and vegetables for inspection at the port of first
arrival, or at any other place designated by an inspector, and in a
manner designated by the 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 may move a fruit or vegetable
from the U.S. port of first arrival unless an inspector has:
(1) Inspected the fruit or vegetable and released it;
(2) Ordered treatment at the port of first arrival and, after
treatment, released it;
(3) Authorized movement to another location for treatment, further
inspection, or destruction;
(4) Ordered the fruit or vegetable to be re-exported; or
(5) Waived the inspection.
(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
[[Page 437]]
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.\14\ 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.
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\14\ Provisions relating to costs for other services of an inspector
are contained in 7 CFR part 354.
[60 FR 62320, Dec. 6, 1995, as amended at 68 FR 37922, June 25, 2003]
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
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
Source: At 70 FR 8231, Feb. 18, 2005, unless otherwise noted.
Sec. 319.59-1 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.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
From. An article is considered to be ``from'' any country or
locality in which it was grown.
Grain. Wheat (Triticum aestivum), durum wheat (Triticum durum), and
triticale (Triticum aestivum X Secale cereale) used for consumption or
processing.
Hay. Host crops cut and dried for feeding to livestock. Hay cut
after reaching the dough stage may contain mature kernels of the host
crop.
Host crops. Plants or plant parts, including grain, seed, or hay, of
wheat (Triticum aestivum), durum wheat (Triticum durum), and triticale
(Triticum aestivum X Secale cereale).
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of the Bureau of Customs and Border Protection,
Department of Homeland Security, to enforce the regulations in this
subpart.
Karnal bunt. A plant disease caused by the fungus Tilletia indica
(Mitra) Mundkur.
Plant. Any plant (including any plant part) for or capable of
propagation, including a tree, a tissue culture, a plantlet culture,
pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a
root, and a seed.
Seed. Wheat (Triticum aestivum), durum wheat (Triticum durum), and
triticale (Triticum aestivum x Secale cereale) used for propagation.
Spp. (species). All species, clones, cultivars, strains, varieties,
and hybrids, of a genus.
Straw. The vegetative material left after the harvest of host crops.
Straw is generally used as animal feed or bedding, as mulch, or for
erosion control.
United States. The States, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, the District of Columbia,
Guam,
[[Page 438]]
the Virgin Islands of the United States, or any other territory or
possession of the United States.
[70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005]
Sec. 319.59-2 General import prohibitions; exceptions.
(a) Except as provided in paragraph (b) of this section, importation
of Triticum spp. plants into the United States from any country except
Canada is prohibited. This prohibition does not include seed.
(b) Triticum spp. plants, articles listed in Sec. 319.59-3 as
prohibited importation pending risk evaluation, and articles regulated
for Karnal bunt in Sec. 319.59-4(a) may be imported by the U.S.
Department of Agriculture for experimental or scientific purposes if:
(1) 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;
(2) Imported pursuant to a departmental permit issued for such
article and kept on file at the Plant Germplasm Quarantine Center;
(3) Imported under conditions of treatment, processing, growing,
shipment, or disposal specified on the departmental permit and found by
the Administrator to be adequate to prevent the introduction into the
United States of tree, plant, or fruit diseases, injurious insects, and
other plant pests, and
(4) 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.
[70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005]
Sec. 319.59-3 Articles prohibited importation pending risk evaluation.
The articles listed in paragraph (a) of this section from the
countries and localities listed in paragraph (b) of this section are
prohibited from being imported or offered for entry into the United
States, except as provided in Sec. 319.59-2(b), pending the completion
of an evaluation by APHIS of the potential pest risks associated with
the articles. The national plant protection organization of any listed
country or locality may contact APHIS \1\ to initiate the preparation of
a risk evaluation. If supported by the results of the risk evaluation,
APHIS will take action to remove that country or locality from the list
in paragraph (b) of this section.
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\1\ Requests should be submitted in writing to Phytosanitary Issues
Management, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD 20737-
1236.
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(a) The following articles of Triticum spp. (wheat) or of Aegilops
spp. (barb goatgrass, goatgrass):
(1) Seeds, plants, and straw (other than straw, with or without
heads, which has been processed or manufactured for use indoors, such as
for decorative purposes or for use in toys); chaff; and products of the
milling process (i.e., bran, shorts, thistle sharps, and pollards) other
than flour; and
(2) Seeds of Melilotus indica (annual yellow sweetclover) and seeds
of any other field crops that have been separated from wheat during the
screening process.
(b) 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, Kazakhstan, 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.
[70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005]
Sec. 319.59-4 Karnal bunt.
(a) Regulated articles. The following are regulated articles for
Karnal bunt:
(1) Conveyances, including trucks, railroad cars, and other
containers used to move host crops from a region listed in paragraph
(b)(1) of this section that test positive for Karnal bunt
[[Page 439]]
through the presence of bunted kernels;
(2) Plant parts, including grain, seed, straw, or hay, of all
varieties of wheat (Triticum aestivum), durum wheat (Triticum durum),
and triticale (Triticum aestivum x Secale cereale) from a region listed
in paragraph (b)(1) of this section, except for straw/stalks/seed heads
for decorative purposes that have been processed or manufactured prior
to movement and are intended for use indoors;
(3) Tilletia indica (Mitra) Mundkur;
(4) Mechanized harvesting equipment that has been used in the
production of wheat, durum wheat, or triticale that has tested positive
for Karnal bunt through the presence of bunted kernels; and
(5) Seed conditioning equipment and storage/handling equipment that
has been used in the production of wheat, durum wheat, or triticale seed
found to contain the spores of Tilletia indica.
(b)(1) Karnal bunt is known to occur in the following regions:
Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, and South
Africa.
(2) The Administrator may recognize an area within a region listed
in paragraph (b)(1) of this section as an area free of Karnal bunt
whenever he or she determines that the area meets the requirements of
the International Standard for Phytosanitary Measures (ISPM) No. 4,
``Requirements for the establishment of pest free areas.'' The
international standard was established by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization and is incorporated by reference in Sec. 300.5 of this
chapter. APHIS will publish a notice in the Federal Register and
maintain on an APHIS Web site a list of the specific areas that are
approved as areas in which Karnal bunt is not known to occur in order to
provide the public with current, valid information. Areas listed as
being free from Karnal bunt are subject to audit by APHIS to verify that
they continue to merit such listing.
(c) Handling, inspection and phytosanitary certificates. Unless
otherwise prohibited under Sec. 319.59-3 of this subpart, any articles
described in paragraph (a)(2) of this section that are from a region
listed in paragraph (b)(1) of this section may be imported into the
United States subject to the following conditions:
(1) The articles must be from an area that has been recognized, in
accordance with paragraph (b)(2) of this section, to be an area free of
Karnal bunt, or the articles have been tested and found to be free of
Karnal bunt;
(2) The articles have not been commingled prior to arrival at a U.S.
port of entry with articles from areas where Karnal bunt is known to
occur;
(3) The articles offered for entry must be made available to an
inspector for examination and remain at the port until released, or
authorized further movement pending release, by an inspector; and
(4) The articles must be accompanied by a phytosanitary certificate
issued by the national plant protection organization of the region of
origin that includes the following additional declaration: ``These
articles originated in an area where Karnal bunt is not known to occur,
as attested to either by survey results or by testing for bunted kernels
or spores.''
(d) Treatments. (1) Prior to entry into the United States, the
following articles must be cleaned by removing any soil and plant debris
that may be present.
(i) All conveyances and mechanized harvesting equipment used for
storing and handling wheat, durum wheat, or triticale that tested
positive for Karnal bunt based on bunted kernels.
(ii) All grain storage and handling equipment used to store or
handle seed that has tested spore positive or grain that has tested
bunted-kernel positive.
(iii) All seed-conditioning equipment used to store or handle seed
that has tested spore-positive.
(2) Articles listed in paragraphs (d)(1)(i) and (d)(1)(ii) of this
section will require disinfection in addition to cleaning prior to entry
into the United States if an inspector or an official of the plant
protection organization of the country of origin determines that
disinfection is necessary to prevent the spread of Karnal bunt.
Disinfection is required for all seed conditioning equipment covered
under paragraph
[[Page 440]]
(d)(1)(iii) prior to entry into the United States.
(3) Items that require disinfection prior to entry into the United
States must be disinfected by one of the methods specified in paragraphs
(d)(3)(i) through (d)(3)(iii) of this section, unless a particular
treatment is designated by an inspector or by an official of the plant
protection organization of the country of origin:
(i) Wetting all surfaces to the point of runoff with a 1.5 percent
sodium hypochlorite solution and letting stand for 15 minutes, then
thoroughly washing down all surfaces after 15 minutes to minimize
corrosion;
(ii) Applying steam to all surfaces until the point of runoff, and
so that a temperature of 170 [deg]F is reached at the point of contact;
or
(iii) 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 170 [deg]F.
(Approved by the Office of Management and Budget under control number
0579-0240)
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
[[Page 441]]
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 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 Sec. Sec. 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\
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\1\ Since it is the packing materials themselves which constitute
the danger and not the manner of use, it is intended that the definition
shall include their presence within or accompanying a shipment
regardless of their function or relation to a shipment or the character
of the shipment.
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(b) Soil containing vegetable matter. Soil containing an appreciable
admixture of vegetable matter, here brought under quarantine only
because its content of decaying vegetation or plant remains carries a
definite pest risk, is to be distinguished from soil of purely mineral
or earthy composition, which is not covered by this quarantine.
(c) Inspector. An inspector of the U.S. Department of Agriculture.
Sec. 319.69-2 Freedom from pests.
All packing materials allowed entry under restriction shall be free
from injurious insects and plant diseases.
Sec. 319.69-3 Entry inspection.
All packing materials shall be subject to inspection at time of
entry.
Sec. 319.69-4 Disposition of materials found in violation.
If the inspector shall find packing materials associated with or
accompanying any commodity or shipment being imported, or to have been
imported, in violation of Sec. 319.69 or of the regulations in this
subpart or shall find them infested or infected with injurious insects
or plant diseases, the inspector may refuse entry to the shipment, or
the inspector may seize and destroy or otherwise dispose of such
[[Page 442]]
packing material, or the inspector may require it to be replaced, or
sterilized, or otherwise treated.
[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33326, June 7, 2005
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.
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).
Sec. 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,
[[Page 443]]
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.
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).
[[Page 444]]
(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.
(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) Irradiation. Cut flowers and foliage that are required under
this part to be treated or subjected to inspection to control one or
more of the plant pests listed in Sec. 305.31(a) of this chapter may
instead be treated with irradiation. Commodities treated with
irradiation for plant pests listed in Sec. 305.31(a) must be irradiated
at the doses listed in Sec. 305.31(a), and the irradiation treatment
must be conducted in accordance with the other requirements of Sec.
305.34 of this chapter. There is a possibility that some cut flowers
could be damaged by such irradiation.
(e) 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.
[64 FR 38110, July 15, 1999, as amended at 71 FR 4464, Jan. 27, 2006]
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:
[[Page 445]]
(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 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
[[Page 446]]
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]
Sec. 319.75-2 Restricted articles. \1\
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\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.
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(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;
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\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).
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(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\
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\3\ Such bagging may be subject to additional restrictions under the
provisions in 7 CFR 319.8 et seq.
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(6) Used jute or burlap bagging from a country listed in paragraph
(b) of this section that contains cargo, and the cargo in such bagging;
\3\
(7) Used jute or burlap bagging from a country listed in paragraph
(b) of this section that is used as a packing material (such as filler,
wrapping, ties, lining, matting, moisture retention material, or
protection material), and the cargo for which the used jute or burlap
bagging is used as a packing material; \3\ and
(8) Whole chilies (Capsicum spp.), whole red peppers (Capsimcum
spp.), and cumin seeds (Cuminum cyminum) in new jute or burlap bags from
Pakistan.
(b) Afghanistan, Algeria, Bangladesh, Burma, Cyprus, Egypt, India,
Iran, Iraq, Israel, Libya, Mali, Mauritania, Morocco, Niger, Nigeria,
Pakistan, Saudi Arabia, Senegal, Sri Lanka, Sudan, Syria, Tunisia,
Turkey, and Upper Volta.
[50 FR 8706, Mar. 5, 1985]
Sec. 319.75-3 Permits.
(a) A restricted article may be imported only after issuance of a
written permit by Plant Protection and Quarantine.
(b) An application for a written permit should be submitted to the
Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Port Operations, Permit Unit, 4700 River Road Unit 136,
Riverdale, Maryland 20737-1236, at least 60 days prior to arrival of the
article at the port of entry. The completed application shall include
the following information: \4\
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\4\ Application forms are available without charge from the Animal
and Plant Health Inspection Service, Plant Protection and Quarantine,
Port Operations, Permit Unit, 4700 River Road Unit 136, Riverdale,
Maryland 20737-1236, or local offices which are listed in telephone
directories.
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[[Page 447]]
(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 of the
Plant Protection Act (7 U.S.C. 7714) are necessary with respect to the
regulated article.\5\
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\5\ An inspector may hold, seize, quarantine, treat, apply other
remedial measures to, destory, or otherwise dispose of plants, plant
pests, or other articles in accordance with sections 414, 421, and 434
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
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(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.
A restricted article prior to movement into the United States from
the port of entry shall be treated in accordance with part 305 of this
chapter for possible infestation with khapra beetle in accordance with
part 305 of this chapter.
[46 FR 38334, July 27, 1981, as amended at 49 FR 1876, Jan. 16, 1984; 50
FR 8706, Mar. 5, 1985; 70 FR 33326, June 7, 2005]
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
[[Page 448]]
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.
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\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 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_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.
[[Page 449]]
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) Bark and bark products;
(g) Outdoor household articles; and
(h) Mobile homes and their associated equipment.
[64 FR 45866, Aug. 23, 1999, as amended at 71 FR 40878, July 19, 2006]
Sec. 319.77-3 Gypsy moth infested areas in Canada.
The following areas in Canada are known to be infested with gypsy
moth:
(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,
[[Page 450]]
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, 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,
[[Page 451]]
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: 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:
[[Page 452]]
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:
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\1\ Trees and shrubs from Canada may be subject to additional
restrictions under ``Subpart-Nursery Stock, Plants, Roots, Seeds, and
Other Plant Products'' (Sec. Sec. 319.37 through Sec. 319.37-14 of
this part) and ``Subpart--Logs, Lumber, and Other Unmanufactured Wood
Articles'' (Sec. Sec. 319.40-1 through 319.40-11 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 part 305 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) Bark and bark products and logs and pulpwood with bark
attached.\2\ (1) Bark and bark products or 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 Sec.
301.45-3 of this chapter) may be imported from any area of Canada
without restriction under this subpart.
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\2\ Bark, bark products, and logs from Canada are also subject to
restrictions under ``Subpart--Logs, Lumber, and Other Unmanufactured
Wood Articles'' (Sec. Sec. 319.40 through 319.40-11 of this part).
---------------------------------------------------------------------------
(2) Bark and bark products or 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 bark, bark products, 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 part 305 of this chapter; or
(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 bark, bark products, 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
[[Page 453]]
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;
69 FR 61589, Oct. 20, 2004; 70 FR 33326, June 7, 2005; 71 FR 40878, July
19, 2006]
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_BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT
Subpart A_General Provisions
Sec.
322.1 Definitions.
322.2 General requirements for interstate movement and importation.
322.3 Costs and charges.
Subpart B_Importation of Adult Honeybees, Honeybee Germ Plasm, and Bees
Other Than Honeybees From Approved Regions
322.4 Approved regions.
322.5 General requirements.
322.6 Export certificate.
322.7 Notice of arrival.
322.8 Packaging of shipments.
322.9 Mailed packages.
322.10 Inspection; refusal of entry.
322.11 Ports of entry.
322.12 Risk assessment procedures for approving countries.
Subpart C_Importation of Restricted Organisms
322.13 General requirements; restricted organisms.
322.14 Documentation; applying for a permit to import a restricted
organism.
322.15 APHIS review of permit applications; denial or cancellation of
permits.
322.16 Packaging of shipments.
322.17 Mailed packages.
322.18 Restricted organisms in a commercial vehicle arriving at a land
border port in the United States.
322.19 Inspection; refusal of entry.
322.20 Ports of entry.
322.21 Post-entry handling.
Subpart D_Transit of Restricted Organisms Through the United States
322.22 General requirements.
322.23 Documentation.
322.24 Packaging of transit shipments.
322.25 Notice of arrival.
322.26 Inspection and handling.
322.27 Eligible ports for transit shipments.
Subpart E_Importation and Transit of Restricted Articles
322.28 General requirements; restricted articles.
322.29 Dead bees.
322.30 Export certificate.
322.31 Notice of arrival.
322.32 Mailed packages.
322.33 Restricted articles in a commercial bonded vehicle arriving at a
land border port in the United States.
322.34 Inspection; refusal of entry.
322.35 Ports of entry.
Authority: 7 U.S.C. 281; 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR
2.22, 2.80, and 371.3.
Source: 69 FR 61747, Oct. 21, 2004, unless otherwise noted.
[[Page 454]]
Subpart A_General Provisions
Sec. 322.1 Definitions.
Administrator. The Administrator, Animal and Plant Health Inspection
Service, or an 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.
Bee. Any member of the superfamily Apoidea in any life stage,
including germ plasm.
Beekeeping byproduct. Material for use in hives, including, but not
limited to, beeswax for beekeeping, pollen for bee feed, or honey for
bee feed.
Beekeeping equipment. Equipment used to house and manage bees,
including, but not limited to, bee boards, hive bodies, bee nests and
nesting material, smokers, hive tools, gloves or other clothing, and
shipping containers.
Beekeeping establishment. All of the facilities, including apiaries,
honey houses, and other facilities, and land that comprise a
proprietor's beekeeping business.
Brood. The larvae, pupae, or postovipositional ova (including
embryos) of bees.
Destination State. The State, district, or territory of the United
States that is the final destination of imported bees, beekeeping
byproducts, or beekeeping equipment.
Germ plasm. The semen and preovipositional ova of bees.
Hive. A box or other shelter containing a colony of bees.
Honeybee. Any live bee of the genus Apis in any life stage except
germ plasm.
Inspector. Any employee of the Animal and Plant Health Inspection
Service, or other individual authorized by the Administrator to carry
out the provisions of this part.
Office International des Epizooties (OIE). The organization in the
Food and Agriculture Organization of the United Nations responsible for
the International Animal Health Code, which includes a section regarding
bee diseases in international trade.
Package bees. Queen honeybees with attendant adult honeybees placed
in a shipping container, such as a tube or cage.
Queen. The actively reproducing adult female in a colony of bees.
Slumgum. Residue remaining after the beeswax rendering process. It
is composed of beeswax mixed with debris or refuse that accumulates when
wax cappings or comb are melted. The residue can include wax moth
cocoons, dead bees, bee parts, and other detritus from the colony.
Undesirable species or subspecies of honeybees. Honeybee species or
subspecies including, but not limited to, Apis mellifera scutellata,
commonly known as the African honeybee, and its hybrids; Apis mellifera
capensis, commonly known as the Cape honeybee; and Apis cerana, commonly
known as the Oriental 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. 322.2 General requirements for interstate movement and
importation.
(a) Interstate movement. (1) The following regions of the United
States are considered pest-free areas for Varroa mite, tracheal mite,
small hive beetle, and African honeybee: Hawaii.
(2) In order to prevent the introduction of Varroa mite, tracheal
mite, small hive beetle, and African honeybee into the pest-free areas
listed in paragraph (a)(1) of this section, interstate movement of
honeybees into those areas is prohibited.
(b) Importation. In order to prevent the introduction into the
United States of bee diseases and parasites, and undesirable species and
subspecies of honeybees:
(1) You may import bees, honeybee germ plasm, and beekeeping
byproducts into the United States only in accordance with this part.
(2) You may not import pollen derived from bee colonies and intended
for use as bee feed into the United States.
(3)(i) You may not import used beekeeping equipment into the United
States, unless that used beekeeping equipment either:
[[Page 455]]
(A) Will be used solely for indoor display purposes and will not
come into contact with indigenous bees; or
(B) Consists of bee boards that contain live brood of bees, other
than honeybees, from a region listed in Sec. 322.4(c).
(ii) New, unused beekeeping equipment is eligible for importation
into the United States if it complies with all applicable regulations in
this chapter.
(c) Movements not in compliance. (1) Any honeybees, honeybee germ
plasm, bees other than honeybees, beekeeping byproducts, or used
beekeeping equipment not in compliance with this part that are imported
into the United States will be either:
(i) Immediately exported from the United States by you at your
expense; or
(ii) Destroyed by us at your expense.
(2) Pending exportation or destruction, we will immediately apply
any necessary safeguards to the bees, beekeeping byproducts, or used
beekeeping equipment to prevent the introduction of bee diseases and
parasites, and undesirable species and subspecies of honeybees into the
United States.
Sec. 322.3 Costs and charges.
We will furnish, without cost, the services of an inspector during
normal business hours and at the inspector's places of duty. You will be
responsible for all costs and charges arising from inspection outside of
normal business hours or away from the inspector's places of duty.\1\
You are also responsible for all costs and charges related to any
exportation or destruction of shipments, in accordance with Sec.
322.2(c)(1). Further, if you import bees or germ plasm into a
containment facility for research or processing, you will be responsible
for all additional costs and charges associated with the importation.
---------------------------------------------------------------------------
\1\ Information on costs for services of an inspector are contained
in part 354 of this chapter.
---------------------------------------------------------------------------
Subpart B_Importation of Adult Honeybees, Honeybee Germ Plasm, and Bees
Other Than Honeybees From Approved Regions
Sec. 322.4 Approved regions.
(a) Adult honeybees. The following regions are approved for the
importation of adult honeybees into the continental United States (not
including Hawaii) under the conditions of this subpart: Australia,
Canada, and New Zealand.
(b) Honeybee germ plasm. The following regions are approved for the
importation of honeybee germ plasm into the United States under the
conditions of this subpart: Australia, Bermuda, Canada, France, Great
Britain, New Zealand, and Sweden.
(c) Bees other than honeybees. The following regions are approved
for the importation of bees other than honeybees into the continental
United States (not including Hawaii) under the conditions of this
subpart: Canada.
(d) If the name of the region from which you want to import adult
honeybees, honeybee germ plasm, or bees other than honeybees into the
United States does not appear in paragraphs (a), (b), or (c),
respectively, of this section, refer to subpart C of this part,
``Importation of Restricted Organisms,'' for requirements.
(e) For information on approving other regions for the importation
of adult honeybees, honeybee germ plasm, or bees other than honeybees
into the United States, see Sec. 322.12.
Sec. 322.5 General requirements.
(a) All shipments of bees and honeybee germ plasm imported into the
United States under this subpart must be shipped directly to the United
States from an approved region.
(b) Adult honeybees. (1) You may import adult honeybees under this
subpart only from regions listed in Sec. 322.4(a).
(2) The honeybees must be package bees or queens with attending
adult bees.
(c) Honeybee germ plasm. You may import honeybee germ plasm under
this subpart only from regions listed in Sec. 322.4(b).
[[Page 456]]
(d) Bees other than honeybees. (1) You may import live adult bees or
live brood and essential nest substrate under this subpart only from
regions listed in Sec. 322.4(c).
(2) The live bees or brood must belong to one of the following
species:
(i) Bumblebees of the species Bombus impatiens;
(ii) Bumblebees of the species Bombus occidentalis;
(iii) Alfalfa leafcutter bee (Megachile rotundata);
(iv) Blue orchard bee (Osmia lignaria); or
(v) Horn-faced bee (Osmia cornifrons).
(3) If you want to import species of bees other than those listed in
paragraph (d)(2) of this section, refer to subpart C of this part,
``Importation of Restricted Organisms,'' for requirements.
Sec. 322.6 Export certificate.
Each shipment of bees and honeybee germ plasm arriving in the United
States from an approved region must be accompanied by an export
certificate issued by the appropriate regulatory agency of the national
government of the exporting region.
(a) Adult honeybees. (1) For adult honeybees, the export certificate
must:
(i) Certify that the hives from which the honeybees in the shipment
were derived were individually inspected by an official of the
regulatory agency no more than 10 days prior to export;
(ii) Identify any diseases, parasites, or undesirable species or
subspecies of honeybee found in the hive during that preexport
inspection; and
(iii) Certify that the bees in the shipment were produced in the
exporting region and are the offspring of bees or semen also produced in
the exporting region.
(2) If the export certificate identifies a bee disease or parasite
of concern to the United States, including, but not limited to, Thai
sacbrood virus, Tropilaelaps clareae, and Euvarroa sinhai, or an
undesirable species or subspecies of honeybee, including, but not
limited to, the Cape honeybee (Apis mellifera capensis) and the Oriental
honeybee (Apis cerana), as occurring in the hive from which the shipment
was derived, we will refuse the shipment's entry into the United States.
(b) Honeybee germ plasm. (1) For honeybee germ plasm, the export
certificate must:
(i) Certify that the hives from which the germ plasm in each
shipment was derived were individually inspected by an official of the
regulatory agency no more than 10 days prior to export;
(ii) Identify any diseases, parasites, or undesirable species or
subspecies of honeybee found in the hive during that preexport
inspection; and
(iii) Certify that the bees in the hives from which the shipment was
derived were produced in the exporting region and are the offspring of
bees or semen also produced in the exporting region.
(2) If the export certificate identifies a bee disease or parasite
of concern to the United States, including, but not limited to, Thai
sacbrood virus, Tropilaelaps clareae, and Euvarroa sinhai, or an
undesirable species or subspecies of honeybee, including, but not
limited to, the Cape honeybee (Apis mellifera capensis) and the Oriental
honeybee (Apis cerana), as occurring in the hive from which the shipment
was derived, we will refuse the shipment's entry into the United States.
(c) Bees other than honeybees. For bees other than honeybees, the
export certificate must certify that the bees in the shipment were
produced in the exporting region and are the offspring of bees or semen
also produced in the exporting region.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.7 Notice of arrival.
(a) At least 10 business days prior to the arrival in the United
States of any shipment of bees or honeybee germ plasm imported into the
United States under this subpart, you must notify APHIS of the impending
arrival. Your notification must include the following information:
(1) Your name, address, and telephone number;
(2) The name and address of the receiving apiary;
(3) The name, address, and telephone number of the producer;
[[Page 457]]
(4) The U.S. port where you expect the shipment to arrive. The port
must be staffed by an APHIS inspector (see Sec. 322.11);
(5) The date you expect the shipment to arrive at that U.S. port;
(6) The scientific name(s) of the organisms in the shipment;
(7) A description of the shipment (i.e., package bees, queen bees,
nest boxes, etc.); and
(8) The total number of organisms you expect to receive.
(b) You must provide the notification to APHIS through one of the
following means:
(1) By mail to the Permit Unit, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1236; or
(2) By facsimile at (301) 734-8700; or
(3) By electronic mail to [email protected].
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.8 Packaging of shipments.
(a) Adult honeybees. All shipments of adult honeybees imported into
the United States under this subpart:
(1) Must be packaged to prevent the escape of any bees or bee pests;
(2) Must not include any brood, comb, pollen, or honey; and
(3) May include sugar water or crystallized sugar (e.g., candy) for
use as food during transit.
(b) Bees other than honeybees--(1) Adult bees. All adult bees other
than honeybees imported into the United States must be packaged to
prevent the escape of any bees or bee pests.
(2) Live brood. For live brood of bees other than honeybees,
packages:
(i) Must be securely closed;
(ii) May not include any soil, except for that which is present in
nest cells that include developing, immature bees;
(iii) May include only packing materials that were grown or produced
in the exporting region and that meet all other applicable requirements
of this chapter, such as the regulations pertaining to unmanufactured
wood in part 319 of this chapter and the plant pest regulations in part
330 of this chapter; and
(iv) May consist of brood housed in new or used bee boards, provided
the bee boards meet all applicable requirements of this part.
Sec. 322.9 Mailed packages.
(a) If you import a package of honeybees, honeybee germ plasm, or
bees other than honeybees under this subpart through the mail or through
commercial express delivery, you must mark all sides of the outside of
that package with the contents of the shipment, i.e., ``Live Bees,''
``Bee Germ Plasm,'' or ``Live Bee Brood,'' and the name of the exporting
region. The marking must be clearly visible using black letters at least
1 inch in height on a white background.
(b) If you import a package of honeybees, honeybee germ plasm, or
bees other than honeybees under this subpart through commercial express
delivery, you must provide an accurate description of the complete
contents of the shipment, i.e., ``Live Bees,'' ``Bee Germ Plasm,'' or
``Live Bee Brood,'' for the shipment's delivery manifest entry.
(c) In addition to the export certificate required in Sec. 322.6, a
package of honeybees, honeybee germ plasm, or bees other than honeybees
imported under this subpart by commercial express delivery must be
accompanied at the time of arrival in the United States by an invoice or
packing list accurately indicating the complete contents of the
shipment.
Sec. 322.10 Inspection; refusal of entry.
(a) Shipments of honeybees, honeybee germ plasm, and bees other than
honeybees imported into the United States under this subpart will be
inspected at the port of entry in the United States for:
(1) Proper documentation (see Sec. 322.6);
(2) Timely notice of arrival (see Sec. 322.7); and
(3) Adequate packaging (see Sec. 322.8).
(b) If, upon inspection, any shipment fails to meet the requirements
of this part, that shipment will be refused entry into the United
States. In accordance with Sec. 322.2(c), the inspector will offer you,
or in your absence the shipper, the opportunity to immediately export
any refused shipments. If you, or in your absence the shipper,
[[Page 458]]
decline to immediately export the shipment, we will destroy the shipment
at your expense.
Sec. 322.11 Ports of entry.
Shipments of honeybees, honeybee germ plasm, and bees other than
honeybees imported under this subpart may enter the United States only
at a port of entry staffed by an APHIS inspector.\2\
---------------------------------------------------------------------------
\2\ To find out if a specific port is staffed by an APHIS inspector,
or for a list of ports staffed by APHIS inspectors, contact Permit Unit,
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; toll-
free (877) 770-5990; fax (301) 734-8700.
---------------------------------------------------------------------------
Sec. 322.12 Risk assessment procedures for approving countries.
(a) The national government of the region wishing to export must
request that we perform a risk assessment for the importation into the
United States of honeybees, honeybee germ plasm, or bees other than
honeybees from that region.
(b) When we receive a request, we will evaluate the science-based
risks associated with such importation. Our risk assessment will be
based on information provided by the exporting region, information from
topical scientific literature, and, if applicable, information we gain
from a site visit to the exporting region. The risk assessment will
include:
(1) Identification of all bee diseases, including fungi, bacteria,
viruses, mycoplasmas, and protozoa, that occur in the exporting region
but not in the United States or that are listed as significant for
international trade by the Office International des Epizooties (OIE);
(2) Identification of all bee parasites, including mites, that occur
in the exporting region but not in the United States or that are listed
as significant for international trade by the OIE;
(3) Identification of all species and subspecies of honeybees that
occur in the exporting region but not in the United States or that are
listed as significant for international trade by the OIE, if applicable;
(4) Identification of all pests of bee culture, such as the small
hive beetle, that occur in the exporting region but not in the United
States or that are listed as significant for international trade by the
OIE;
(5) Evaluation of the probability of establishment, including
pathway, entry, colonization, and spread potentials, of any diseases,
parasites, undesirable species or subspecies of honeybees, or pests
identified in accordance with paragraphs (b)(1), (2), (3), or (4) of
this section;
(6) Evaluation of the potential consequences of establishment,
including economic, environmental, and perceived social and political
effects, of each disease, parasite, undesirable species or subspecies of
honeybees, or pest identified in accordance with paragraphs (b)(1), (2),
(3), or (4) of this section; and
(7) Consideration of the effectiveness of the regulatory system of
the exporting region to control bee diseases, parasites, undesirable
species and subspecies of honeybees, and pests that occur there and to
prevent occurrences of new bee diseases, parasites, undesirable species
and subspecies of honeybees, and pests.
(c) Based on the conclusions of the risk assessment, we will either:
(1) Publish in the Federal Register a notice of proposed rulemaking
to allow honeybees, honeybee germ plasm, or bees other than honeybees to
be imported into the United States from that region; or
(2) Deny the request in writing, stating the specific reasons for
that action.
(d) We will publish a notice of availability of all completed risk
assessments for public comment.
(Approved by the Office of Management and Budget under control number
0579-0207)
Subpart C_Importation of Restricted Organisms
Sec. 322.13 General requirements; restricted organisms.
(a) For the purposes of this part, the following are restricted
organisms:
(1) Honeybee brood in the comb;
(2) Adult honeybees from any region other than those listed in Sec.
322.4(a);
(3) Honeybee germ plasm from any region other than those listed in
Sec. 322.4(b); and
[[Page 459]]
(4) Bees other than honeybees, in any life stage, from any region
other than those listed in Sec. 322.4(c) or any species of bee other
than those listed in Sec. 322.5(d)(2).
(b) Restricted organisms may be imported into the United States only
by Federal, State, or university researchers for research or
experimental purposes and in accordance with this part.
Sec. 322.14 Documentation; applying for a permit to import a
restricted organism.
Any restricted organism imported into the United States must be
accompanied by both a permit, in accordance with paragraph (a) of this
section, and an invoice or packing list accurately indicating the
complete contents of the shipment, in accordance with paragraph (b) of
this section.
(a) Permit. You must submit a completed application for a permit to
import restricted organisms at least 30 days prior to scheduling arrival
of those organisms. You may import a restricted organism only if we
approve your application and issue you a permit. Our procedures for
reviewing permit applications are provided in Sec. 322.15. To apply for
a permit, you must supply, either on a completed PPQ Form 526 or in some
other written form, the following information: \3\
---------------------------------------------------------------------------
\3\ Mail your completed application to Permit Unit, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD 20737-1236. A PPQ Form 526 may be
obtained by writing to the same address, calling toll-free (877) 770-
5990, faxing your request to (301) 734-8700, or downloading the form
from http://www.aphis.usda.gov/ppq/ss/permits/pests/.
---------------------------------------------------------------------------
(1) Applicant information. Your name, title, organization, address,
telephone number, facsimile number, and electronic mail address (provide
all that are applicable). You must also state whether you are a U.S.
resident. If you are not a U.S. resident, you must also supply the name,
title, organization, address, telephone number, facsimile number, and
electronic mail address (provide all that are applicable) of a U.S.
resident who will act as a sponsor for the permit application.
(2) Application type. New permit, permit renewal, or amendment to
existing permit (if a renewal or amendment, provide the current permit
number).
(3) Type of movement. Select or write ``Import into the United
States.''
(4) Scientific name of organism. Genus, species, subspecies or
strain, and author (if known).
(5) Type of organism. Select or write ``Bees and/or bee germ
plasm.''
(6) Taxonomic classification. Family of restricted organisms.
(7) Life stage(s). Semen, preovipositional eggs, embryos,
postovipositional eggs, larvae, pupae, or adults. If adult queens,
please specify.
(8) Number of shipments.
(9) Number of specimens per shipment.
(10) Is the organism established in the United States?
(11) Is the organism established in the destination State?
(12) Media or species of host material accompanying the organism
(e.g., pollen, honey, wax, nesting material).
(13) Source of organism (include any that apply, and list region of
origin). Supplier (provide supplier's name and address), wild collected,
or reared under controlled conditions.
(14) Method of shipment. Airmail, express delivery (list company
name).
(15) Port(s) of entry.
(16) Approximate date(s) of arrival at the port of entry.
(17) Destination. Provide the address of the location where the
organism will be received and maintained, including building and room
numbers where applicable.
(18) Intended use (include any that apply). Select or write
``Scientific Study.''
(19) Has your facility been evaluated by APHIS? If yes, list date(s)
of approval. Is your facility approved for the species of bees or bee
germ plasm for which you are seeking a permit?
(20) Provide your signature and the date of your signature under the
following certification: ``I certify that all statements and entries I
have made on this document are true and accurate to the best of my
knowledge and belief. I understand that any intentional false statement
or misrepresentation made on this document is a violation of law and
punishable by a fine of not more
[[Page 460]]
than $10,000, or imprisonment of not more than 5 years, or both. (18
U.S.C. 1001).'' If you are required to have a sponsor for your permit
application, your sponsor must also sign and date under the same
certification.
(b) Invoice. Any restricted organism must be accompanied at the time
of arrival in the United States by an invoice or packing list accurately
indicating the complete contents of the shipment and the exporting
region.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.15 APHIS review of permit applications; denial or
cancellation of permits.
(a) Review of permit applications to import restricted organisms--
(1) Consultation. During our review of your permit application, we may
consult with any Federal officials; appropriate officials of any State,
Territory, or other jurisdiction in the United States in charge of
research or regulatory programs relative to bees; and any other
qualified governmental or private research laboratory, institution, or
individual. We will conduct these consultations to gain information on
the risks associated with the importation of the restricted organisms.
(2) Review by destination State. We will transmit a copy of your
permit application, along with our anticipated decision on the
application, to the appropriate regulatory official in the destination
State for review and recommendation. A State's response, which we will
consider before taking final action on the permit application, may take
one of the following forms:
(i) The State recommends that we issue the permit;
(ii) The State recommends that we issue the permit with specified
additional conditions;
(iii) The State recommends that we deny the permit application and
provides scientific, risk-based reasons supporting that recommendation;
or
(iv) The State makes no recommendation, thereby concurring with our
decision regarding the issuance of the permit.\4\
---------------------------------------------------------------------------
\4\ If a State regulatory official does not respond within 20
business days, we will conclude that the State has chosen to make no
recommendation regarding the issuance of the permit.
---------------------------------------------------------------------------
(b) Results of review. After a complete review of your application,
we will either:
(1) Issue you a written permit with, if applicable, certain specific
conditions listed for the importation of the restricted organisms you
applied to import. You must initial each condition on the proposed
permit and return the proposed permit conditions to the Permit Unit
before we will issue you a signed valid permit; or
(2) Notify you that your application has been denied and provide
reasons for the denial.
(c) Denial of permit applications. APHIS will deny an application
for a permit to import a restricted organism regulated under this
subpart when, in its opinion, such movement would involve a danger of
dissemination of an exotic bee disease or parasite, or an undesirable
species or subspecies of honeybee. Danger of such dissemination may be
deemed to exist when:
(1) Existing safeguards against dissemination are inadequate and no
adequate safeguards can be arranged; or
(2) The potential for disseminating an exotic bee disease or
parasite, or an undesirable species or subspecies of honeybee, with the
restricted organism outweighs the probable benefits that could be
derived from the proposed movement and use of the restricted organism;
or
(3) When you, as a previous permittee, failed to maintain the
safeguards or otherwise observe the conditions prescribed in a previous
permit and have failed to demonstrate your ability or intent to observe
them in the future; or
(4) The proposed movement of the restricted organism is adverse to
the conduct of an eradication, suppression, control, or regulatory
program of APHIS.
(d) Cancellation of permits. (1) APHIS may cancel any outstanding
permit whenever:
(i) We receive information subsequent to the issuance of the permit
of circumstances that would constitute cause for the denial of an
application
[[Page 461]]
for permit under paragraph (c) of this section; or
(ii) You, as the permittee, fail to maintain the safeguards or
otherwise observe the conditions specified in the permit or in any
applicable regulations.
(2) Upon cancellation of a permit, you must either:
(i) Surrender all restricted organisms to an APHIS inspector; or
(ii) Destroy all restricted organisms under the supervision of an
APHIS inspector.
(e) Appealing the denial of permit applications or cancellation of
permits. If your permit application has been denied or your permit has
been canceled, APHIS will promptly inform you, in writing, of the
reasons for the denial or cancellation. You may appeal the decision by
writing to the Administrator and providing all of the facts and reasons
upon which you are relying to show that your permit application was
wrongfully denied or your permit was wrongfully canceled. The
Administrator will grant or deny the appeal 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, you may request a hearing to
resolve the conflict. Rules of practice concerning the hearing will be
adopted by the Administrator.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.16 Packaging of shipments.
(a) Restricted organisms must be packed in a container or
combination of containers that will prevent the escape of the organisms
and the leakage of any contained materials. The container must be
sufficiently strong to prevent it from rupturing or breaking during
shipment.
(b) The outer container must be clearly marked with the contents of
the shipment, i.e., either ``Live Bees,'' ``Bee Germ Plasm,'' or ``Live
Bee Brood,'' and the name of the region of origin.
(c) Only approved packing materials may be used in a shipment of
restricted organisms.
(1) The following materials are approved as packing materials:
Absorbent cotton or processed cotton padding free of cottonseed; cages
made of processed wood; cellulose materials; excelsior; felt; ground
peat (peat moss); paper or paper products; phenolic resin foam; sawdust;
sponge rubber; thread waste, twine, or cord; and vermiculite.
(2) Other materials, such as host material for the organism, soil,
or other types of packing material, may be included in a container only
if identified in the permit application and approved by APHIS on the
permit.
Sec. 322.17 Mailed packages.
(a) If you import a restricted organism through the mail or through
commercial express delivery, you must attach a special mailing label
(APHIS Form 599), which APHIS will provide with your permit, to the
package or container. The mailing label indicates that APHIS has
authorized the shipment.
(b) You must address the package containing the restricted organism
to the containment facility or apiary identified on the permit (post
office boxes are not allowed).
(c) If the restricted organism arrives in the mail without the
mailing label described in paragraph (a) of this section or addressed to
a containment facility or apiary other than the one listed on the
permit, an inspector will refuse to allow the organism to enter the
United States.
Sec. 322.18 Restricted organisms in a commercial vehicle arriving at a
land border port in the United States.
(a) If you import a restricted organism through a land border port
in the United States by commercial vehicle (i.e., automobile or truck),
then the person carrying the restricted organism must present the permit
required by Sec. 322.14 and an invoice or packing slip accurately
indicating the complete contents of the shipment to the inspector at the
land border port.
(b) The restricted organisms must be surrendered at the port of
entry and can continue on to the destination identified on the permit
only by a bonded carrier (commercial express delivery).
(c) If you fail to present a copy of the permit and an invoice or
packing list
[[Page 462]]
accurately indicating the complete contents of the shipment at the port
of entry, an inspector will refuse the organism's entry to the United
States or confiscate and destroy the refused material.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.19 Inspection; refusal of entry.
(a) APHIS may inspect any restricted organism at the time of
importation to determine if the organism meets all of the requirements
of this part.
(b) If, upon inspection, any shipment fails to meet the requirements
of the regulations, that shipment will be refused entry into the United
States. In accordance with Sec. 322.2(c), the inspector will offer the
shipper the opportunity to immediately export any refused shipments. If
the shipper declines to immediately export the shipment, we will destroy
the shipment at his or her expense.
Sec. 322.20 Ports of entry.
A restricted organism may be imported only at a port of entry
staffed by an APHIS inspector.\5\ After a restricted organism has been
cleared for importation at the port of entry, the organism can only be
transported by a bonded commercial carrier immediately and directly from
the port of entry to the containment facility or apiary identified on
the permit. You may open the package containing the restricted organism
only within the containment facility or apiary identified on the permit.
---------------------------------------------------------------------------
\5\ To find out if a specific port is staffed by an APHIS inspector,
or for a list of ports staffed by APHIS inspectors, contact Permit Unit,
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; toll-
free (877) 770-5990; fax (301) 734-8700.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.21 Post-entry handling.
(a) Immediately following clearance at the port of entry, a
restricted organism must move by a bonded commercial carrier directly to
a containment facility or apiary that has been inspected and approved by
APHIS.\6\ We must inspect and approve the containment facility or apiary
before we will issue a permit to import a restricted organism.
---------------------------------------------------------------------------
\6\ For a list of approved facilities, or to arrange to have a
facility inspected by APHIS, contact Permit Unit, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737-1236; toll-free (877) 770-5990.
---------------------------------------------------------------------------
(b) Inspection of premises. Prior to issuing a permit to import
restricted organisms, we will inspect the apiary or containment facility
where you intend to contain the restricted organisms. In order to
approve the apiary or containment facility, an inspector must determine
that adequate safeguards are in place to prevent the release of diseases
or parasites of bees, or of undesirable species or strains of honeybees.
We will use the following criteria to determine whether adequate
safeguards are in place:
(1) Enclosed containment facilities. (i) Will the facility's
entryways, windows, and other structures, including water, air, and
waste handling systems, contain the restricted organisms, parasites and
pathogens, and prevent the entry of other organisms and unauthorized
visitors?
(ii) Does the facility have operational and procedural safeguards in
place to prevent the escape of the restricted organisms, parasites, and
pathogens, and to prevent the entry of other organisms and unauthorized
visitors?
(iii) Does the facility have a means of inactivating or sterilizing
restricted organisms and any breeding materials, pathogens, parasites,
containers, or other material?
(2) Containment apiaries. (i) Is the apiary located in an area
devoid of indigenous bees and sufficiently isolated to prevent contact
between indigenous bees and imported restricted organisms? Is the area
extending from the apiary to the nearest indigenous bees constantly
unsuitable for foraging individuals of the imported restricted
organisms?
(ii) Does the apiary have sufficient physical barriers to prevent
the entry of unauthorized visitors?
(iii) Does the apiary have operational and procedural safeguards in
place to
[[Page 463]]
prevent the escape of the restricted organisms, parasites, and
pathogens, and to prevent the entry of other organisms and unauthorized
visitors?
(iv) Does the apiary have a means of inactivating or sterilizing
restricted organisms, and any hives, wax, pathogens, parasites,
containers, or other materials?
(3) Containment apiaries for honeybees resulting from germ plasm
imported from nonapproved regions.
(i) Does the apiary have sufficient physical barriers to prevent the
entry of unauthorized visitors?
(ii) Are there sufficient physical barriers (e.g., excluders) in
hives in the apiary to prevent the escape of all adult queen and drone
honeybees resulting from the germ plasm?
(iii) Does the apiary have operational and procedural safeguards in
place to prevent the escape of all queen and drone honeybees resulting
from the germ plasm?
(iv) Does the apiary have a means of destroying colonies of
honeybees with undesirable characteristics that may result from imported
germ plasm?
(c) Holding in containment. (1) If we issue a permit for importing
restricted organisms into an approved containment facility or apiary,
you may not remove or release the restricted organisms, or the progeny
or germ plasm resulting from the restricted organisms, from the apiary
or facility without our prior approval.
(2) You must allow us to inspect the apiary or facility and all
documents associated with the importation or holding of restricted
organisms at any time to determine whether safeguards are being
maintained to prevent the release of the restricted organisms, their
progeny and germ plasm, parasites, and pathogens.
(3) You must inform us immediately, but no later than 24 hours after
detection, if restricted organisms escape from the facility
(d) Release from containment apiary or facility. (1) After rearing
the restricted organisms in an approved containment facility or apiary
through at least 4 months of active reproduction with no evidence of
nonindigenous parasites or pathogens or of undesirable characteristics,
you may submit a request to us for the release of the bees. The request
must include:
(i) Inspection protocols;
(ii) Inspection frequencies;
(iii) Names and titles of inspectors;
(iv) Complete information, including laboratory reports, on
detection of diseases and parasites in the population;
(v) Complete notes and observations on behavior, such as
aggressiveness and swarming; and
(vi) Any other information or data relating to bee diseases,
parasites, or adverse species or subspecies.
(2) Mail your request for release to the Permit Unit, PPQ, APHIS,
4700 River Road Unit 133, Riverdale, MD 20737-1236, or fax to (301) 734-
8700.
(3) When we receive a complete request for release from containment,
we will evaluate the request and determine whether the bees may be
released. Our evaluation may include an environmental assessment or
environmental impact statement prepared in accordance with the National
Environmental Policy Act. We may conduct an additional inspection of the
bees during our evaluation of the request. You will receive a written
statement as soon as circumstances allow that approves or denies your
request for release of the bees.
(Approved by the Office of Management and Budget under control number
0579-0207)
Subpart D_Transit of Restricted Organisms Through the United States
Sec. 322.22 General requirements.
(a) You may transit restricted organisms from any region through the
United States to another region only in accordance with this part. For a
list of restricted organisms, see Sec. 322.13(a).
(b) You may ship restricted organisms only aboard aircraft to the
United States for transit to another country.
(c) You may transload a shipment of restricted organisms only once
during the shipment's entire transit through the United States and only
at an airport in the continental United States. You may not transload
restricted organisms in Hawaii. In Hawaii, the restricted organisms must
remain on,
[[Page 464]]
and depart for another destination aboard, the same aircraft on which
the shipment arrived at the Hawaiian airport.
Sec. 322.23 Documentation.
Each shipment of restricted organisms transiting the United States
must be accompanied by a document issued by the appropriate regulatory
authority of the national government of the region of origin stating
that the shipment has been inspected and determined to meet the
packaging requirements in Sec. 322.24.
Sec. 322.24 Packaging of transit shipments.
(a) Restricted organisms transiting the United States must be
packaged in securely closed and completely enclosed containers that
prevent the escape of organisms and the leakage of any contained
materials. The container must be sufficiently strong and durable to
prevent it from rupturing or breaking during shipment.
(b) In addition to the requirements in paragraph (a) of this
section, each pallet of cages containing honeybees transiting the United
States must be covered by an escape-proof net that is secured to the
pallet so that no honeybees can escape from underneath the net.
(c) The outside of the package must be clearly marked with the
contents of the transit shipment, i.e., either ``Live Bees,'' ``Bee Germ
Plasm,'' or ``Live Bee Brood,'' and the name of the exporting region.
Sec. 322.25 Notice of arrival.
At least 2 business days prior to the expected date of arrival of
restricted organisms at a port in the continental United States for in-
transit movement, you or your shipper must contact the port to give the
following information:
(a) The name of each U.S. airport where the shipment will arrive;
(b) The name of the U.S. airport where the shipment will be
transloaded (if applicable);
(c) The date of the shipment's arrival at each U.S. airport;
(d) The date of the shipment's departure from each U.S. airport;
(e) The names, phone numbers, and addresses of both the shipper and
receiver;
(f) The number of units in the shipment (i.e., number of queens or
number of cages of package bees); and
(g) The name of the airline carrying the shipment.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.26 Inspection and handling.
(a) All shipments of restricted organisms transiting the United
States are subject to inspection at the port in the United States for
compliance with this part. If, upon inspection, a transit shipment of
restricted articles is found not to meet the requirements of this part,
we will destroy the shipment at your expense.
(b) Transloading--(1) Adult bees. You may transload adult bees from
one aircraft to another aircraft at the port of arrival in the United
States only under the supervision of an inspector. If the adult bees
cannot be transloaded immediately to the subsequent flight, you must
store them within a completely enclosed building. Adult bees may not be
transloaded from an aircraft to ground transportation for subsequent
movement through the United States.
(2) Bee germ plasm. You may transload bee germ plasm from one
aircraft to another at the port of arrival in the United States only
under the supervision of an inspector.
Sec. 322.27 Eligible ports for transit shipments.
You may transit restricted organisms only through a port of entry
staffed by an APHIS inspector.\7\
---------------------------------------------------------------------------
\7\ To find out if a specific port is staffed by an APHIS inspector,
or for a list of ports staffed by APHIS inspectors, contact Permit Unit,
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; toll-
free (877) 770-5990; fax (301) 734-8700.
---------------------------------------------------------------------------
Subpart E_Importation and Transit of Restricted Articles
Sec. 322.28 General requirements; restricted articles.
(a) The following articles from any region are restricted articles:
[[Page 465]]
(1) Dead bees of any genus;
(2) Beeswax for beekeeping; and
(3) Honey for bee feed.
(b) Restricted articles may only be imported into or transit the
United States in accordance with this part.
Sec. 322.29 Dead bees.
(a) Dead bees imported into or transiting the United States must be
either:
(1) Immersed in a solution containing at least 70 percent alcohol or
a suitable fixative for genetic research;
(2) Immersed in liquid nitrogen; or
(3) Pinned and dried in the manner of scientific specimens.
(b) Dead bees are subject to inspection at the port of entry in the
United States to confirm that the requirements of paragraph (a) of this
section have been met.
Sec. 322.30 Export certificate.
Each shipment of restricted articles, except for dead bees, imported
into or transiting the United States must be accompanied by an export
certificate issued by the appropriate regulatory agency of the national
government of the exporting region. The export certificate must state
that the articles in the shipment have been treated as follows:
(a) Beeswax. Must have been liquefied, and slumgum and honey must be
removed.
(b) Honey for bee feed. Heated to 212 [deg]F (100 [deg]C) for 30
minutes.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.31 Notice of arrival.
(a) At least 10 business days prior to the arrival in the United
States of any shipment of restricted articles, you must notify APHIS of
the impending arrival. Your notification must include the following
information:
(1) Your name, address, and telephone number;
(2) The name and address of the recipient of the restricted
articles;
(3) The name, address, and telephone number of the producer;
(4) The date you expect to receive the shipment;
(5) A description of the contents of the shipment (i.e., dead bees,
honey for bee feed, etc.); and
(6) The total number of restricted articles you expect to receive.
(b) You must provide the notification to APHIS through one of the
following means:
(1) By mail to the Permit Unit, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1236; or
(2) By facsimile at (301) 734-8700; or
(3) By electronic mail to [email protected].
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.32 Mailed packages.
(a) If you import a restricted article through the mail or through
commercial express delivery, you must mark all sides of the outside of
that package with the contents of the shipment and the name of the
exporting region. The marking must be clearly visible using black
letters at least 1 inch in height on a white background.
(b) If you import a restricted article through commercial express
delivery, you must provide an accurate description of the complete
contents of the shipment for the shipment's delivery manifest entry.
(c) In addition to the export certificate required in Sec. 322.30
(if applicable), a restricted article that is imported by mail or
commercial express delivery must be accompanied by an invoice or packing
list accurately indicating the complete contents of the shipment.
Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.33 Restricted articles in a commercial bonded vehicle
arriving at a land border port in the United States.
If you import a restricted article through a land border port in the
United States by commercial vehicle (i.e., automobile or truck), then
the person carrying the package containing the restricted article or the
driver of the vehicle must present the export certificate required by
Sec. 322.30 (if applicable) and an invoice or packing slip accurately
indicating the complete contents of the shipment to the inspector at the
land border port.
[[Page 466]]
Sec. 322.34 Inspection; refusal of entry.
(a) You must present shipments of restricted articles to the
inspector at the port of entry in the United States. Shipments of
restricted articles must remain at the port of entry until released by
the inspector.
(b) The inspector at the port will confirm that all shipments of
restricted articles have proper documentation (see Sec. 322.30) and
that you provided notice of arrival for all shipments of restricted
articles (see Sec. 322.32).
(c) If, upon inspection, any shipment fails to meet the requirements
of this part, that shipment will be refused entry into the United
States. In accordance with Sec. 322.2(c), the inspector will offer you,
or in your absence the shipper, the opportunity to immediately export
any refused shipments, or confiscate and destroy the refused shipments.
(Approved by the Office of Management and Budget under control number
0579-0207)
Sec. 322.35 Ports of entry.
A restricted article may be imported only at a port of entry staffed
by an APHIS inspector. To find out if a specific port is staffed by an
APHIS inspector, or for a list of ports staffed by APHIS inspectors,
contact Permit Unit, PPQ, APHIS, 4700 River Road Unit 133, Riverdale,
Maryland 20737-1236; toll-free (877) 770-5990; fax (301) 734-8700.
PART 330_FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL,
STONE, AND QUARRY PRODUCTS; GARBAGE
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.
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.
330.401 Garbage generated onboard a conveyance.
330.402 Garbage generated in Hawaii.
330.403 Compliance agreement and cancellation.
Authority: 7 U.S.C. 450, 7701-7772, 7781-7786, and 8301-8317; 21
U.S.C. 136 and 136a; 31 U.S.C. 9701; 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
[[Page 467]]
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 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 Sec. Sec. 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 Sec. Sec. 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.
[[Page 468]]
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.
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.
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. All of the 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; 71 FR 49314, Aug.
23, 2006]
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.
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
[[Page 469]]
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
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
[[Page 470]]
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. 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 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
[[Page 471]]
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 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
[[Page 472]]
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 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; 69 FR 12265, Mar. 16, 2004]
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
[[Page 473]]
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 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;
[[Page 474]]
(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
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
[[Page 475]]
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 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
Sec. Sec. 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
[[Page 476]]
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 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
[[Page 477]]
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 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
[[Page 478]]
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
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
[[Page 479]]
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 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
[[Page 480]]
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 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\
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\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 Sec. Sec. 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.
[[Page 481]]
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 Sec. Sec. 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
Source: 71 FR 49314, Aug. 23, 2006, unless otherwise noted.
Sec. 330.400 Regulation of certain garbage.
(a) Certain interstate movements and imports--(1) Interstate
movements of garbage from Hawaii and U.S. territories and possessions to
other States. Hawaii, Puerto Rico, American Samoa, the Commonwealth of
the Northern Mariana Islands, the Federated States of Micronesia, Guam,
the U.S. Virgin Islands, Republic of the Marshall Islands, and the
Republic of Palau are hereby quarantined, and the movement of garbage
therefrom to any other State is hereby prohibited except as provided in
this subpart in order to prevent the introduction and spread of exotic
plant pests and diseases.
(2) Imports of garbage. In order to protect against the introduction
of exotic animal and plant pests and diseases, the importation of
garbage from all foreign countries except Canada is prohibited except as
provided in Sec. 330.401(b).
(b) Definitions--Agricultural waste. Byproducts generated by the
rearing of animals and the production and harvest of crops or trees.
Animal waste, a large component of agricultural waste, includes waste
(e.g., feed waste, bedding and litter, and feedlot and paddock runoff)
from livestock, dairy, and other animal-related agricultural and farming
practices.
Approved facility. 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.
Approved sewage system. 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.
Carrier. The principal operator of a means of conveyance.
Garbage. All waste material that is 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.
Incineration. To reduce garbage to ash by burning.
Interstate. From one State into or through any other State.
Sterilization. Cooking garbage at an internal temperature of 212
[deg]F for 30 minutes.
Stores. The food, supplies, and other provisions carried for the
day-to-day operation of a conveyance and the care and feeding of its
operators.
Yard waste. Solid waste composed predominantly of grass clippings,
leaves, twigs, branches, and other garden refuse.
Sec. 330.401 Garbage generated onboard a conveyance.
(a) Applicability. This section applies to garbage generated onboard
any
[[Page 482]]
means of conveyance during international or interstate movements as
provided in this section and includes 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 the means of conveyance. This
section also applies to meals and other food that were available for
consumption by passengers and crew on an aircraft but were not consumed.
(1) Not all garbage generated onboard a means of conveyance is
regulated for the purposes of this section. Garbage regulated for the
purposes of this section is defined as ``regulated garbage'' in
paragraphs (b) and (c) of this section.
(2) Garbage that is commingled with regulated garbage is also
regulated garbage.
(b) Garbage regulated because of movements outside the United States
or Canada. For purposes of this section, 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: Aircraft. Garbage on or removed from an aircraft is
exempt from requirements under paragraph (d) of this section if the
following conditions are met when the garbage is on or removed from the
aircraft:
(i) The aircraft 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 previously 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 paragraphs (d)(2) and
(d)(3) of this section.
(ii) After the garbage and stores referred to in paragraph (b)(1)(i)
of this section were removed, the aircraft has not been in a non-
Canadian foreign port.
(2) Exception 2: Other conveyances. Garbage on or removed in the
United States from a means of conveyance other than an aircraft is
exempt from requirements under paragraph (d) 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 previously 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
paragraphs (d)(2) and (d)(3) 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.
(c) Garbage regulated because of certain movements to or from
Hawaii, territories, or possessions. For purposes of this section,
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 1-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: Aircraft. Garbage on or removed from an aircraft is
exempt from requirements under paragraph (d)
[[Page 483]]
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 previously 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
paragraphs (d)(2) and (d)(3) of this section.
(ii) After the garbage and stores referred to in paragraph (c)(1)(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.
(2) Exception 2: Other conveyances. 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 a certificate from an
inspector stating that the means of conveyance had been cleared of all
garbage and all fresh fruits and vegetables; and the items previously
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 paragraphs (d)(2) and (d)(3) of this
section.
(ii) After being cleared of the garbage and stores referred to in
paragraph (c)(2)(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.
(d) 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 section.
(2) Regulated garbage is subject to general surveillance for
compliance with this section by inspectors and to disposal measures
authorized by the Plant Protection Act and the Animal Health Protection
Act to prevent the introduction and dissemination of pests and diseases
of plants and livestock.
(3) All regulated garbage must be contained in tight, covered, leak-
proof 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, covered, leak-proof receptacles under the
direction of an inspector to an approved facility for incineration,
sterilization, or grinding into an approved sewage system, under direct
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
adequate to prevent the introduction and dissemination of plant pests
and animal diseases and sufficient to ensure compliance with applicable
laws for environmental protection. 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.
(i) 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 must
[[Page 484]]
be endorsed by the operator of the facility or sewage system.
(ii) 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 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.
(e) 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
Sec. 330.402 Garbage generated in Hawaii.
(a) Applicability. This section applies to garbage generated in
households, commercial establishments, institutions, and businesses
prior to interstate movement from Hawaii, and includes used paper,
discarded cans and bottles, and food scraps. Such garbage includes, and
is commonly known as, municipal solid waste.
(1) Industrial process wastes, mining wastes, sewage sludge,
incinerator ash, or other wastes from Hawaii that the Administrator
determines do not pose risks of introducing animal or plant pests or
diseases into the continental United States are not regulated under this
section.
(2) The interstate movement from Hawaii to the continental United
States of agricultural wastes and yard waste (other than incidental
amounts (less than 3 percent) that may be present in municipal solid
waste despite reasonable efforts to maintain source separation) is
prohibited.
(3) Garbage generated onboard any means of conveyance during
interstate movement from Hawaii is regulated under Sec. 330.401.
(b) Restrictions on interstate movement of garbage. The interstate
movement of garbage generated in Hawaii to the continental United States
is regulated as provided in this section.
(1) The garbage must be processed, packaged, safeguarded, and
disposed of using a methodology that the Administrator has determined is
adequate to prevent the introduction or dissemination of plant pests
into noninfested areas of the United States.
(2) The garbage must be moved under a compliance agreement in
accordance with Sec. 330.403. APHIS will only enter into a compliance
agreement when the Administrator is satisfied that the Agency has first
satisfied all its obligations under the National Environmental Policy
Act and all applicable Federal and State statutes to fully assess the
impacts associated with the movement of garbage under the compliance
agreement.
(3) All such garbage moved interstate from Hawaii to any of the
continental United States must be moved in compliance with all
applicable laws for environmental protection.
Sec. 330.403 Compliance agreement and cancellation.
(a) Any person engaged in the business of handling or disposing of
garbage in accordance with this subpart must first enter into a
compliance agreement with the Animal and Plant
[[Page 485]]
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.
(b) A person who enters into a compliance agreement, and employees
or agents of that person, must comply with the following conditions and
any supplemental conditions which are 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:
(1) Comply with all applicable provisions of this subpart;
(2) Allow inspectors access to all records maintained by the person
regarding handling or disposal of garbage, and to all areas where
handling or disposal of garbage occurs;
(3)(i) If the garbage is regulated under Sec. 330.401, remove
garbage from a means of conveyance only in tight, covered, leak-proof
receptacles;
(ii) If the garbage is regulated under Sec. 330.402, transport
garbage interstate in packaging approved by the Administrator;
(4) Move the garbage only to a facility approved by the
Administrator; and
(5) At the approved facility, dispose of the garbage in a manner
approved by the Administrator and described in the compliance agreement.
(c) Approval for a compliance agreement may be denied at any time if
the Administrator determines that the applicant has not met or is unable
to meet the requirements set forth in this subpart. Prior to denying any
application for a compliance agreement, APHIS will provide notice to the
applicant thereof, and will provide the applicant with an opportunity to
demonstrate or achieve compliance with requirements.
(d) 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. This
administrative remedy must be exhausted before a person can file suit in
court challenging the cancellation of a compliance agreement.
(e) Where a compliance agreement is denied or canceled, the person
who entered into or applied for the compliance agreement may be
prohibited, at the discretion of the Administrator, from handling or
disposing of regulated garbage.
(Approved by the Office of Management and Budget under control numbers
0579-0015, 0579-0054, and 0579-0292)
PART 331_POSSESSION, USE, AND TRANSFER OF SELECT AGENTS AND TOXINS
Sec.
331.1 Definitions.
331.2 Purpose and scope.
331.3 PPQ select agents and toxins.
331.4 [Reserved]
331.5 Exemptions.
331.6 [Reserved]
331.7 Registration and related security risk assessments.
331.8 Denial, revocation, or suspension of registration.
331.9 Responsible official.
331.10 Restricting access to select agents and toxins; security risk
assessments.
331.11 Security.
331.12 Biocontainment.
331.13 Restricted experiments.
331.14 Incident response.
331.15 Training.
331.16 Transfers.
331.17 Records.
331.18 Inspections.
331.19 Notification of theft, loss, or release.
331.20 Administrative review.
[[Page 486]]
Authority: 7 U.S.C. 8401; 7 CFR 2.22, 2.80, and 371.3.
Source: 70 FR 13278, Mar. 18, 2005, unless otherwise noted.
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 U.S. 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 U.S. Department of Health and
Human Services.
Diagnosis. The analysis of specimens for the purpose of identifying
or confirming the presence or characteristics of a select agent or
toxin, provided that such analysis is directly related to protecting the
public health or safety, animal health or animal products, or plant
health or plant products.
Entity. Any government agency (Federal, State, or local), academic
institution, corporation, company, partnership, society, association,
firm, sole proprietorship, or other legal entity.
HHS Secretary. The Secretary of the Department of Health and Human
Services or his or her designee, unless otherwise specified.
HHS select agent and/or toxin. A biological agent or toxin listed in
42 CFR 73.3.
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 select 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 with
the authority and control to ensure compliance with the regulations in
this part.
Select agent and/or toxin. A biological agent or toxin listed in
Sec. 331.3.
Specimen. Samples of material from humans, animals, plants, or the
environment, or isolates or cultures from such samples, for diagnosis,
verification, or proficiency testing.
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 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 U.S. Department of Agriculture.
Verification. The demonstration of obtaining established performance
(e.g., accuracy, precision, and the analytical
[[Page 487]]
sensitivity and specificity) specifications for any procedure used for
diagnosis.
Sec. 331.2 Purpose and scope.
This part implements the provisions of the Agricultural Bioterrorism
Protection Act of 2002 setting forth the requirements for possession,
use, and transfer of select agents and toxins. The biological agents and
toxins listed in this part have the potential to pose a severe threat to
plant health or plant products.
Sec. 331.3 PPQ select agents and toxins.
(a) Except as provided in paragraphs (d) and (e) of this section,
the Administrator has determined that 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.
(b) PPQ select agents and toxins:
Candidatus Liberobacter africanus;
Candidatus Liberobacter asiaticus;
Peronosclerospora philippinensis;
Ralstonia solanacearum, race 3, biovar 2;
Sclerophthora rayssiae var. zeae;
Synchytrium endobioticum;
Xanthomonas oryzae pv. oryzicola;
Xylella fastidiosa (citrus variegated chlorosis strain).
(c) Genetic elements, recombinant nucleic acids, and recombinant
organisms:
(1) Nucleic acids that can produce infectious forms of any of the
select agent viruses listed in paragraph (b) of this section.
(2) Recombinant nucleic acids that encode for the functional forms
of any toxin listed in paragraph (b) of this section if the nucleic
acids:
(i) Can be expressed in vivo or in vitro; or
(ii) Are in a vector or recombinant host genome and can be expressed
in vivo or in vitro.
(3) Select agents and toxins listed in paragraph (b) of this section
that have been genetically modified.
(d) Select agents or toxins that meet any of the following criteria
are excluded from the requirements of this part:
(1) Any select agent or toxin that is in its naturally occurring
environment, provided that the agent or toxin has not been intentionally
introduced, cultivated, collected, or otherwise extracted from its
natural source.
(2) Nonviable select agents or nonfunctional toxins.
(e) An attenuated strain of a select agent or toxin may be excluded
from the requirements of this part based upon a determination that the
attenuated strain does not pose a severe threat to plant health or plant
products.
(1) To apply for an exclusion, an individual or entity must submit a
written request and supporting scientific information. A written
decision granting or denying the request will be issued. An exclusion
will be effective upon notification of the applicant. Exclusions will be
published periodically in the notice section of the Federal Register and
will be listed on the Internet at http://www.aphis.usda.gov/programs/
ag--selectagent/index.html.
(2) If an excluded attenuated strain is subjected to any
manipulation that restores or enhances its virulence, the resulting
select agent or toxin will be subject to the requirements of this part.
(3) An individual or entity may make a written request to the
Administrator for reconsideration of a decision denying an exclusion
application. The written request for reconsideration must state the
facts and reasoning upon which the individual or entity relies to show
the decision was incorrect. 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.
(f) Any select agent or toxin seized by a Federal law enforcement
agency will be excluded from the requirements of this part during the
period between seizure of the agent or toxin and the transfer or
destruction of such agent or toxin provided that:
(1) As soon as practicable, the Federal law enforcement agency
transfers the seized agent or toxin to an entity eligible to receive
such agent or toxin or destroys the agent or toxin by a recognized
sterilization or inactivation process.
[[Page 488]]
(2) The Federal law enforcement agency safeguards and secures the
seized agent or toxin against theft, loss, or release, and reports any
theft, loss, or release of such agent or toxin.
(3) The Federal law enforcement agency reports the seizure of the
select agent or toxin to APHIS or CDC. The seizure must be reported
within 24 hours by telephone, facsimile, or e-mail. This report must be
followed by submission of APHIS/CDC Form 4 within 7 calendar days after
seizure of the select agent or toxin. A copy of the completed form must
be maintained for 3 years.
(4) The Federal law enforcement agency reports the final disposition
of the select agent or toxin to APHIS or CDC by submission of APHIS/CDC
Form 4. A copy of the completed form must be maintained for 3 years.
Sec. 331.4 [Reserved]
Sec. 331.5 Exemptions.
(a) Diagnostic laboratories and other entities that possess, use, or
transfer a select agent or toxin that is contained in a specimen
presented for diagnosis or verification will be exempt from the
requirements of this part for such agent or toxin contained in the
specimen, provided that:
(1) Unless directed otherwise by the Administrator, within 7
calendar days after identification, the agent or toxin is transferred in
accordance with Sec. 331.16 or destroyed on-site by a recognized
sterilization or inactivation process;
(2) The agent or toxin is secured against theft, loss, or release
during the period between identification of the agent or toxin and
transfer or destruction of such agent or toxin, and any theft, loss, or
release of such agent or toxin is reported; and
(3) The identification of the agent or toxin is immediately reported
to APHIS or CDC by telephone, facsimile, or e-mail. This report must be
followed by submission of APHIS/CDC Form 4 within 7 calendar days after
identification. Less stringent reporting may be required during
agricultural emergencies or outbreaks, or in endemic areas. A copy of
APHIS/CDC Form 4 must be maintained for 3 years.
(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 plant health or plant products. An individual
or entity 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.
Sec. 331.6 [Reserved]
Sec. 331.7 Registration and related security risk assessments.
(a) Unless exempted under Sec. 331.5, an individual or entity shall
not possess, use, or transfer any select agent or toxin without a
certificate of registration issued by the Administrator.
(b) As a condition of registration, each entity must designate an
individual to be its responsible official. While most registrants are
likely to be entities, in the event that an individual applies for and
is granted a certificate of registration, the individual will be
considered the responsible official.
(c)(1) As a condition of registration, the following must be
approved by the Administrator or the HHS Secretary based on a security
risk assessment by the Attorney General:
(i) The individual or entity;
(ii) The responsible official; and
(iii) Unless otherwise exempted under this section, any individual
who owns or controls the entity.
[[Page 489]]
(2) Federal, State, or local governmental agencies, including public
accredited academic institutions, are exempt from the security risk
assessments for the entity and the individual who owns or controls such
entity.
(3) An individual will be deemed to own or control an entity under
the following conditions: \1\
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\1\ These conditions may apply to more than one individual.
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(i) For a private institution of higher education, an individual
will be deemed to own or control the entity if the individual is in a
managerial or executive capacity with regard to the entity's select
agents or toxins or with regard to the individuals with access to the
select agents or toxins possessed, used, or transferred by the entity.
(ii) For entities other than institutions of higher education, an
individual will be deemed to own or control the entity if the
individual:
(A) Owns 50 percent or more of the entity, or is a holder or owner
of 50 percent or more of its voting stock; or
(B) Is in a managerial or executive capacity with regard to the
entity's select agents or toxins or with regard to the individuals with
access to the select agents or toxins possessed, used, or transferred by
the entity.
(4) An entity will be considered to be an institution of higher
education if it is an institution of higher education as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)),
or is an organization described in 501(c)(3) of the Internal Revenue
Code of 1986, as amended (26 U.S.C. 501(c)(3)).
(5) To obtain a security risk assessment, an individual or entity
must submit the information necessary to conduct a security risk
assessment to the Attorney General.
(d) To apply for a certificate of registration for only PPQ select
agents or toxins, or for PPQ and VS select agents or toxins, an
individual or entity must submit the information requested in the
registration application package (APHIS/CDC Form 1) to APHIS. To apply
for a certificate of registration for overlap select agents or toxins,
overlap select agents or toxins and any combination of PPQ or VS select
agents or toxins, or HHS select agents or toxins and any combination of
PPQ or VS select agents or toxins, an individual or entity must submit
the information requested in the registration application package
(APHIS/CDC Form 1) to APHIS or CDC, but not both.
(e) Prior to the issuance of a certificate of registration, the
responsible official must promptly provide notification of any changes
to the application for registration by submitting the relevant page(s)
of the registration application.
(f) The issuance of a certificate of registration may be contingent
upon inspection or submission of additional information, such as the
security plan, biosafety plan, incident response plan, or any other
documents required to be prepared under this part.
(g) A certificate of registration will be valid for one physical
location (a room, a building, or a group of buildings) where the
responsible official will be able to perform the responsibilities
required in this part, for specific select agents or toxins, and for
specific activities.
(h) A certificate of registration may be amended to reflect changes
in circumstances (e.g., replacement of the responsible official or other
personnel changes, changes in ownership or control of the entity,
changes in the activities involving any select agents or toxins, or the
addition or removal of select agents or toxins).
(1) Prior to any change, the responsible official must apply for an
amendment to a certificate of registration by submitting the relevant
page(s) of the registration application.\2\
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\2\ Depending on the change, a security risk assessment by the
Attorney General may also be required (e.g., replacement of the
responsible official, changes in ownership or control of the entity, new
researchers or graduate students, etc.).
---------------------------------------------------------------------------
(2) The responsible official will be notified in writing if an
application to amend a certificate of registration has been approved.
Approval of an amendment may be contingent upon an inspection or
submission of additional information, such as the security plan,
biosafety plan, incident response plan, or any other documents required
to be prepared under this part.
[[Page 490]]
(3) No change may be made without such approval.
(i) An entity must immediately notify APHIS or CDC if it loses the
services of its responsible official. In the event that an entity loses
the services of its responsible official, an entity may continue to
possess or use select agents or toxins only if it appoints as the
responsible official another individual who has been approved by the
Administrator or the HHS Secretary following a security risk assessment
by the Attorney General and who meets the requirements of this part.
(j) A certificate of registration will be terminated upon the
written request of the entity if the entity no longer possesses or uses
any select agents or toxins and no longer wishes to be registered.
(k) A certificate of registration will be valid for a maximum of 3
years.
Sec. 331.8 Denial, revocation, or suspension of registration.
(a) An application may be denied or a certificate of registration
revoked or suspended if:
(1) The individual or entity, the responsible official, or an
individual who owns or controls the entity is within any of the
categories described in 18 U.S.C. 175b;
(2) The individual or entity, the responsible official, or an
individual who owns or controls the entity is 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;
(3) The individual or entity does not meet the requirements of this
part; \3\ or
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\3\ If registration is denied for this reason, we may provide
technical assistance and guidance.
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(4) It is determined that such action is necessary to protect plant
health or plant products.
(b) Upon revocation or suspension of a certificate of registration,
the individual or entity must:
(1) Immediately stop all use of each select agent or toxin covered
by the revocation or suspension order;
(2) Immediately safeguard and secure each select agent or toxin
covered by the revocation or suspension order from theft, loss, or
release; and
(3) Comply with all disposition instructions issued by the
Administrator for each select agent or toxin covered by the revocation
or suspension.
(c) Denial of an application for registration and revocation or
suspension of registration may be appealed under Sec. 331.20. However,
any denial of an application for registration or revocation or
suspension of a certificate of registration will remain in effect until
a final agency decision has been rendered.
Sec. 331.9 Responsible official.
(a) An individual or entity required to register under this part
must designate an individual to be the responsible official. The
responsible official must:
(1) Be approved by the Administrator or the HHS Secretary following
a security risk assessment by the Attorney General;
(2) Be familiar with the requirements of this part;
(3) Have authority and responsibility to act on behalf of the
entity;
(4) Ensure compliance with the requirements of this part; and
(5) Ensure that annual inspections are conducted of each laboratory
where select agents or toxins are stored or used in order to ensure
compliance with the requirements of this part. The results of each
inspection must be documented, and any deficiencies identified during an
inspection must be corrected.
(b) An entity may designate one or more individuals to be an
alternate responsible official, who may act for the responsible official
in his/her absence. These individuals must have the authority and
control to ensure compliance with the regulations when acting as the
responsible official.
[[Page 491]]
(c) The responsible official must report the identification and
final disposition of any select agent or toxin contained in a specimen
for diagnosis or verification.
(1) The identification of the select agent or toxin must be
immediately reported by telephone, facsimile, or e-mail. The final
disposition of the agent or toxin must be reported by submission of
APHIS/CDC Form 4 within 7 calendar days after identification. A copy of
the completed form must be maintained for 3 years.
(2) Less stringent reporting may be required during agricultural
emergencies or outbreaks, or in endemic areas.
Sec. 331.10 Restricting access to select agents and toxins; security
risk assessments.
(a) An individual or entity required to register under this part may
not provide an individual access to a select agent or toxin, and an
individual may not access a select agent or toxin, unless the individual
is approved by the Administrator or the HHS Secretary following a
security risk assessment by the Attorney General.
(b) An individual will be deemed to have access at any point in time
if the individual has possession of a select agent or toxin (e.g.,
carries, uses, or manipulates) or the ability to gain possession of a
select agent or toxin.
(c) Each individual with access to select agents or toxins must have
the appropriate education, training, and/or experience to handle or use
such agents or toxins.
(d) To apply for access approval, each individual must submit the
information necessary to conduct a security risk assessment to the
Attorney General.
(e) An individual's security risk assessment may be expedited upon
written request by the responsible official and a showing of good cause
(e.g., agricultural emergencies, national security, or a short-term
visit by a prominent researcher). A written decision granting or denying
the request will be issued.
(f) An individual's access approval may be denied, limited, or
revoked if:
(1) The individual is within any of the categories described in 18
U.S.C. 175b;
(2) The individual is 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; or
(3) It is determined that such action is necessary to protect plant
health or plant products.
(g) An individual may appeal the Administrator's decision to deny,
limit, or revoke access approval under Sec. 331.20.
(h) Access approval is valid for a maximum of 5 years.
(i) The responsible official must immediately notify APHIS or CDC
when an individual's access to select agents or toxins is terminated by
the entity and the reasons therefore.
Sec. 331.11 Security.
(a) An individual or entity required to register under this part
must develop and implement a written security plan. The security plan
must be sufficient to safeguard the select agent or toxin against
unauthorized access, theft, loss, or release.
(b) The security plan must be designed according to a site-specific
risk assessment and must provide graded protection in accordance with
the risk of the select agent or toxin, given its intended use. The
security plan must be submitted upon request.
(c) The security plan must:
(1) Describe procedures for physical security, inventory control,
and information systems control;
(2) Contain provisions for the control of access to select agents
and toxins;
(3) Contain provisions for routine cleaning, maintenance, and
repairs;
(4) Establish procedures for removing unauthorized or suspicious
persons;
(5) Describe procedures for addressing loss or compromise of keys,
passwords, combinations, etc. and protocols for
[[Page 492]]
changing access numbers or locks following staff changes;
(6) Contain procedures for reporting unauthorized or suspicious
persons or activities, loss or theft of select agents or toxins, release
of select agents or toxins, or alteration of inventory records; and
(7) Contain provisions for ensuring that all individuals with access
approval from the Administrator or the HHS Secretary understand and
comply with the security procedures.
(d) An individual or entity must adhere to the following security
requirements or implement measures to achieve an equivalent or greater
level of security:
(1) Allow access only to individuals with access approval from the
Administrator or the HHS Secretary;
(2) Allow individuals not approved for access by the Administrator
or the HHS Secretary to conduct routine cleaning, maintenance, repairs,
and other activities not related to select agents or toxins only when
continuously escorted by an approved individual;
(3) Provide for the control of select agents and toxins by requiring
freezers, refrigerators, cabinets, and other containers where select
agents or toxins are stored to be secured against unauthorized access
(e.g., card access system, lock boxes);
(4) Inspect all suspicious packages before they are brought into or
removed from an area where select agents or toxins are used or stored;
(5) Establish a protocol for intra-entity transfers under the
supervision of an individual with access approval from the Administrator
or the HHS Secretary, including chain-of-custody documents and
provisions for safeguarding against theft, loss, or release; and
(6) Require that individuals with access approval from the
Administrator or the HHS Secretary refrain from sharing with any other
person their unique means of accessing a select agent or toxin (e.g.,
keycards or passwords);
(7) Require that individuals with access approval from the
Administrator or the HHS Secretary immediately report any of the
following to the responsible official:
(i) Any loss or compromise of keys, passwords, combinations, etc.;
(ii) Any suspicious persons or activities;
(iii) Any loss or theft of select agents or toxins;
(iv) Any release of a select agent or toxin; and
(v) Any sign that inventory or use records for select agents or
toxins have been altered or otherwise compromised; and
(8) Separate areas where select agents and toxins are stored or used
from the public areas of the building.
(e) In developing a security plan, an individual or entity should
consider the document entitled, ``Laboratory Security and Emergency
Response Guidance for Laboratories Working with Select Agents,'' in
Morbidity and Mortality Weekly Report (December 6, 2002); 51 (No. RR-
19):1-6. This document is available on the Internet at http://
www.cdc.gov/mmwr.
(f) The plan must be reviewed annually and revised as necessary.
Drills or exercises must be conducted at least annually to test and
evaluate the effectiveness of the plan. The plan must be reviewed and
revised, as necessary, after any drill or exercise and after any
incident.
Sec. 331.12 Biocontainment.
(a) An individual or entity required to register under this part
must develop and implement a written biocontainment plan that is
commensurate with the risk of the select agent or toxin, given its
intended use.\4\ The biocontainment plan must contain sufficient
information and documentation to describe the containment procedures.
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\4\ Technical assistance and guidance may be obtained by contacting
APHIS.
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(b) The biocontainment procedures must be sufficient to contain the
select agent or toxin (e.g., physical structure and features of the
entity, and operational and procedural safeguards).
(c) In developing a biocontainment plan, an individual or entity
should consider the following:
[[Page 493]]
(1) ``Containment Facilities and Safeguards for Exotic Plant
Pathogens and Pests'' (Robert P. Kahn and S.B. Mathur eds., 1999); and
(2) ``A Practical Guide to Containment: Greenhouse Research with
Transgenic Plants and Microbes'' (Patricia L. Traynor ed., 2001).
(d) The plan must be reviewed annually and revised as necessary.
Drills or exercises must be conducted at least annually to test and
evaluate the effectiveness of the plan. The plan must be reviewed and
revised, as necessary, after any drill or exercise and after any
incident.
Sec. 331.13 Restricted experiments.\5\
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\5\ For guidance, see the NIH publication, ``NIH Guidelines for
Research Involving Recombinant DNA Molecules.'' This document is
available on the Internet at http://www.aphis.usda.gov/programs/ag--
selectagent/index.html.
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(a) An individual or entity may not conduct the following
experiments unless approved by and conducted in accordance with the
conditions prescribed by the Administrator:
(1) Experiments utilizing recombinant DNA that involve the
deliberate transfer of a drug resistance trait to select agents that are
not known to acquire the trait naturally, if such acquisition could
compromise the use of the drug to control disease agents in humans,
veterinary medicine, or agriculture.
(2) Experiments involving the deliberate formation of recombinant
DNA containing genes for the biosynthesis of toxins lethal for
vertebrates at an LD50<100 ng/kg body weight.
(b) The Administrator may revoke approval to conduct any of the
experiments in paragraph (a) of this section, or revoke or suspend a
certificate of registration, if the individual or entity fails to comply
with the requirements of this part.
(c) To apply for approval to conduct any of the experiments in
paragraph (a) of this section, an individual or entity must submit a
written request and supporting scientific information to the
Administrator. A written decision granting or denying the request will
be issued.
Sec. 331.14 Incident response.\6\
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\6\ Nothing in this section is meant to supersede or preempt
incident response requirements imposed by other statutes or regulations.
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(a) An individual or entity required to register under this part
must develop and implement a written incident response plan.\7\ The
incident response plan must be coordinated with any entity-wide plans,
kept in the workplace, and available to employees for review.
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\7\ Technical assistance and guidance may be obtained by contacting
APHIS.
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(b) The incident response plan must fully describe the entity's
response procedures for the theft, loss, or release of a select agent or
toxin; inventory discrepancies; security breaches (including information
systems); severe weather and other natural disasters; workplace
violence; bomb threats and suspicious packages; and emergencies such as
fire, gas leak, explosion, power outage, etc. The response procedures
must account for hazards associated with the select agent or toxin and
appropriate actions to contain such agent or toxin.
(c) The incident response plan must also contain the following
information:
(1) The name and contact information (e.g., home and work) for the
individual or entity (e.g., responsible official, alternate responsible
official(s), biosafety officer, etc.);
(2) The name and contact information for the building owner and/or
manager, where applicable;
(3) The name and contact information for tenant offices, where
applicable;
(4) The name and contact information for the physical security
official for the building, where applicable;
(5) Personnel roles and lines of authority and communication;
(6) Planning and coordination with local emergency responders;
(7) Procedures to be followed by employees performing rescue or
medical duties;
(8) Emergency medical treatment and first aid;
(9) A list of personal protective and emergency equipment, and their
locations;
[[Page 494]]
(10) Site security and control;
(11) Procedures for emergency evacuation, including type of
evacuation, exit route assignments, safe distances, and places of
refuge; and
(12) Decontamination procedures.
(d) The plan must be reviewed annually and revised as necessary.
Drills or exercises must be conducted at least annually to test and
evaluate the effectiveness of the plan. The plan must be reviewed and
revised, as necessary, after any drill or exercise and after any
incident.
Sec. 331.15 Training.
(a) An individual or entity required to register under this part
must provide information and training on biocontainment and security to
each individual with access approval from the Administrator or the HHS
Secretary before he/she has such access. In addition, an individual or
entity must provide information and training on biocontainment and
security to each individual not approved for access by the Administrator
or the HHS Secretary before he/she works in or visits areas where select
agents or toxins are handled or stored (e.g., laboratories, growth
chambers, animal rooms, greenhouses, storage areas, etc.). The training
must address the particular needs of the individual, the work they will
do, and the risks posed by the select agents or toxins.
(b) Refresher training must be provided annually.
(c) A record of the training provided to each individual must be
maintained. The record must include the name of the individual, the date
of training, a description of the training provided, and the means used
to verify that the employee understood the training.
Sec. 331.16 Transfers.
(a) Except as provided in paragraph (c) of this section, a select
agent or toxin may only be transferred to an individual or entity
registered to possess, use, or transfer that agent or toxin. A select
agent or toxin may only be transferred under the conditions of this
section and must be authorized by APHIS or CDC prior to the transfer.\8\
---------------------------------------------------------------------------
\8\ The requirements of this section do not apply to transfers
within a registered entity (i.e., the sender and the recipient are
covered by the same certificate of registration).
---------------------------------------------------------------------------
(b) In addition to any permit required under part 330 of this
chapter, a transfer may be authorized if:
(1) The sender:
(i) Has at the time of transfer a certificate of registration that
covers the particular select agent or toxin to be transferred and meets
all the requirements of this part;
(ii) Meets the exemption requirements for the particular select
agent or toxin to be transferred; or
(iii) Is transferring the select agent or toxin from outside of the
United States and meets all import requirements.
(2) At the time of transfer, the recipient has a certificate of
registration that includes the particular select agent or toxin to be
transferred and meets all of the requirements of this part.
(c) On a case-by-case basis, the Administrator may authorize a
transfer of a select agent or toxin not otherwise eligible for transfer
under this part under conditions prescribed by the Administrator.
(d) To obtain authorization for a transfer, APHIS/CDC Form 2 must be
submitted.
(e) The recipient must submit a completed APHIS/CDC Form 2 within 2
business days of receipt of a select agent or toxin.
(f) The recipient must immediately notify APHIS or CDC if the select
agent or toxin has not been received within 48 hours after the expected
delivery time or if the package containing the select agent or toxin has
been damaged to the extent that a release of the select agent or toxin
may have occurred.
(g) An authorization for a transfer shall be valid only for 30
calendar days after issuance, except that such an authorization becomes
immediately null and void if any facts supporting the authorization
change (e.g., change in the certificate of registration for the sender
or recipient, change in the application for transfer).
[[Page 495]]
(h) The sender must comply with all applicable laws governing
packaging and shipping.
Sec. 331.17 Records.
(a) An individual or entity required to register under this part
must maintain complete records relating to the activities covered by
this part. Such records must include:
(1) An accurate, current inventory for each select agent (including
viral genetic elements, recombinant nucleic acids, and recombinant
organisms) held in long-term storage (placement in a system designed to
ensure viability for future use, such as in a freezer or lyophilized
materials), including:
(i) The name and characteristics (e.g., strain designation, GenBank
Accession number, etc.);
(ii) The quantity acquired from another individual or entity (e.g.,
containers, vials, tubes, etc.), date of acquisition, and the source;
(iii) Where stored (e.g., building, room, and freezer);
(iv) When moved from storage and by whom and when returned to
storage and by whom;
(v) The select agent used and purpose of use;
(vi) Records created under Sec. 331.16 (Transfers);
(vii) For intra-entity transfers (sender and the recipient are
covered by the same certificate of registration), the select agent, the
quantity transferred, the date of transfer, the sender, and the
recipient; and
(viii) Records created under Sec. 331.19 (Notification of theft,
loss, or release);
(2) An accurate, current inventory for each toxin held, including:
(i) The name and characteristics;
(ii) The quantity acquired from another individual or entity (e.g.,
containers, vials, tubes, etc.), date of acquisition, and the source;
(iii) The initial and current quantity amount (e.g., milligrams,
milliliters, grams, etc.);
(iv) The toxin used and purpose of use, quantity, date(s) of the use
and by whom;
(v) Where stored (e.g., building, room, and freezer);
(vi) When moved from storage and by whom and when returned to
storage and by whom, including quantity amount;
(vii) Records created under Sec. 331.16 (Transfers);
(viii) For intra-entity transfers (sender and the recipient are
covered by the same certificate of registration), the toxin, the
quantity transferred, the date of transfer, the sender, and the
recipient;
(ix) Records created under Sec. 331.19 (Notification of theft,
loss, or release);
(x) If destroyed, the quantity of toxin destroyed, the date of such
action, and by whom.
(3) A current list of all individuals that have been granted access
approval by the Administrator or the HHS Secretary;
(4) Information about all entries into areas containing select
agents or toxins, including the name of the individual, name of the
escort (if applicable), and the date and time of entry;
(5) Accurate, current records created under Sec. 331.9(c)
(Responsible official), Sec. 331.11 (Security), Sec. 331.12
(Biocontainment), Sec. 331.14 (Incident response), and Sec. 331.15
(Training); and
(6) A written explanation of any discrepancies.
(b) The individual or entity must implement a system to ensure that
all records and databases created under this part are accurate, have
controlled access, and can be verified for authenticity.
(c) All records created under this part must be maintained for 3
years and promptly produced upon request.
Sec. 331.18 Inspections.
(a) Without prior notification, APHIS must be allowed to inspect any
site at which activities regulated under this part are conducted and
must be allowed to inspect and copy any records relating to the
activities covered by this part.
(b) Prior to issuing a certificate of registration to an individual
or entity, APHIS may inspect and evaluate their premises and records to
ensure compliance with this part.
Sec. 331.19 Notification of theft, loss, or release.
(a) An individual or entity must immediately notify APHIS or CDC
upon
[[Page 496]]
discovery of the theft or loss of a select agent or toxin. Thefts or
losses must be reported even if the select agent or toxin is
subsequently recovered or the responsible parties are identified.
(1) The theft or loss of a select agent or toxin must be reported by
telephone, facsimile, or e-mail. The following information must be
provided:
(i) The name of the select agent or toxin and any identifying
information (e.g., strain or other characterization information);
(ii) An estimate of the quantity stolen or lost;
(iii) An estimate of the time during which the theft or loss
occurred;
(iv) The location (building, room) from which the theft or loss
occurred; and
(v) The list of Federal, State, or local law enforcement agencies to
which the individual or entity reported, or intends to report, the theft
or loss.
(2) A completed APHIS/CDC Form 3 must be submitted within 7 calendar
days.
(b) An individual or entity must notify APHIS or CDC immediately
upon discovery of a release of a select agent or toxin outside of the
primary barriers of the biocontainment area.
(1) The release of a select agent or toxin must be reported by
telephone, facsimile, or e-mail. The following information must be
provided:
(i) The name of the select agent or toxin and any identifying
information (e.g., strain or other characterization information);
(ii) An estimate of the quantity released;
(iii) The time and duration of the release;
(iv) The environment into which the release occurred (e.g., in
building or outside of building, waste system);
(v) The location (building, room) from which the release occurred;
and
(vi) The number of individuals potentially exposed at the entity;
(vii) Actions taken to respond to the release; and
(viii) Hazards posed by the release.
(2) A completed APHIS/CDC Form 3 must be submitted within 7 calendar
days.
Sec. 331.20 Administrative review.
An individual or entity may appeal a denial, revocation, or
suspension of registration under this part. An individual may appeal a
denial, limitation, or revocation of access approval under this part.\9\
The appeal must be in writing, state the factual basis for the appeal,
and be submitted to the Administrator within 30 calendar days of the
decision. Where the denial, revocation, or suspension of registration or
the denial, limitation, or revocation of an individual's access approval
is based upon an identification by the Attorney General, the request for
review will be forwarded to the Attorney General. The Administrator's
decision constitutes final agency action.
---------------------------------------------------------------------------
\9\ An entity may not appeal the denial or limitation of an
individual's access to select 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
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. 7701-7772 and 7781-7786; 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:
[[Page 497]]
(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\
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\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 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.
[[Page 498]]
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.
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\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.
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
[[Page 499]]
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\
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\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
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
[[Page 500]]
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
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
[[Page 501]]
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
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
[[Page 502]]
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
(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\
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\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
[[Page 503]]
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 or industrial 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 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:
[[Page 504]]
(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.
(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; 68 FR 46436, Aug.
6, 2003]
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
[[Page 505]]
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, 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
[[Page 506]]
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; 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\
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\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.
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[[Page 507]]
(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;
(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
[[Page 508]]
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
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.
(Approved by the Office of Management and Budget under control number
0579-0216)
[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; 68 FR 46436, Aug. 6, 2003]
Sec. 340.5 Petition to amend the list of organisms. \10\
---------------------------------------------------------------------------
\10\ See footnote 5 in Sec. 340.3.
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(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:
[[Page 509]]
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.
(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:
[[Page 510]]
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 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.
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.
[[Page 511]]
(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 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;
[[Page 512]]
(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.
(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
[[Page 513]]
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
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]
[[Page 514]]
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
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. 7701-7772 and 7781-7786; 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 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
[[Page 515]]
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 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
[[Page 516]]
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
Sec.
352.1 Definitions.
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 Untreated oranges, tangerines, and grapefruit from Mexico.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 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)
[[Page 517]]
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. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
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 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.
[[Page 518]]
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; 71 FR 49325, Aug. 23, 2006]
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 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 Sec. Sec. 319.8 through 319.8-26 of this
chapter. Moreover, the applicable provisions of Sec. Sec. 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
[[Page 519]]
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 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,
[[Page 520]]
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 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]
[[Page 521]]
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.
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(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 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
[[Page 522]]
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 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,
[[Page 523]]
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 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.
[[Page 524]]
(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 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
[[Page 525]]
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.
Sec. Sec. 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 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 Untreated oranges, tangerines, and grapefruit from Mexico.
The following provisions shall apply to the movement into or through
the United States under this part of untreated 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 refrigerated containers prior to return to the United
States from Canada. Refrigerated containers that
[[Page 526]]
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) Untreated oranges, tangerines, and grapefruit arriving from
Mexico at authorized ports in the United States for movement to a
foreign country shall be loaded into refrigerated containers and
preinspected by an inspector for freedom of citrus leaves before entry
into the United States or be accompanied by an acceptable certificate
from an inspector as to such freedom. Refrigerated containers loaded
with untreated oranges, tangerines, and grapefruit that are not free of
such leaves will be denied entry into the United States.
(iii) All refrigerated containers 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) Ports of entry. Such fruit may enter only at Nogales, AZ, or
Eagle Pass, El Paso, or Laredo, TX.
(2) General transit conditions. The following conditions apply to
all shipments of untreated oranges, tangerines, and grapefruit from
Mexico transiting the United States for movement to a foreign country:
(i) The fruit must be packed in insect-proof boxes or crates that
prevent the escape or entry of adult, larval, or pupal fruit flies.\4\
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\4\ If there is a question as to whether packaging is adequate, send
a request for approval of the packaging, together with a sample of the
packaging, to the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Center for Plant Health Science and
Technology, 1730 Varsity Drive, Suite 400, Raleigh, NC 27606.
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(ii) Boxes or cartons of fruit must be enclosed in sealed,
refrigerated containers of the type commonly used by the maritime or
commercial trucking industry. An official seal must be applied to the
container at the port of entry. The seal must not be removed except by
an inspector, or after the shipment has left the United States.
(iii) The temperature in the refrigerated containers in which the
fruit is transported must be maintained at 60 [deg]F or lower.
(iv) If the seal on the containers in which such fruit is shipped is
found to have been broken, for any reason, before the container leaves
the United States, or if the cooling system in the containers fails at
any point during transit, an inspector at the port of entry must be
contacted immediately.
(v) A transportation and exportation permit must be issued by an
inspector for each shipment. This permit can be obtained from APHIS
headquarters.\5\
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\5\ To obtain this permit, contact the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine, Permit Unit, 4700
River Road Unit 133, Riverdale, MD 20737.
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(vi) If untreated fruit is transloaded to another container while in
the United States, the transloading must be supervised by an inspector
and a replacement official seal must be applied to the container to
which the fruit is moved.
(vii) Shipments of such fruit must move by direct route, in Customs
bond and under official seal, without diversion or change of entry en
route, from the port of entry to the port of exit or to an approved port
in the United States for export to another foreign country.
(viii) Shipments of such fruit may not traverse the counties of
Cameron, Hidalgo, Starr, or Willacy, TX. Shipments of such fruit may
only traverse
[[Page 527]]
areas listed under each type of carrier listed below.
(3) Truck movement. Trucks may haul refrigerated containers of such
fruit from Mexico to shipside, or to approved refrigerated storage
pending lading aboard ship, in Corpus Christi, Galveston, or Houston,
TX, or alongside railway carriers or aircraft at the ports named in
paragraph (b)(2) of this section for movement to a foreign country.
Shipments of such fruit via truck may traverse only the territory within
the United States bounded on the west by a line starting at Laredo, TX,
on to El Paso, TX, to Salt Lake City, UT, and then to Portland, OR, and
on the east by a line drawn from Laredo, TX to Hebbronville, TX, to
Corpus Christi, TX, to Galveston, TX, to Kinder, LA, to Memphis, TN, and
then to Louisville, KY, and routes directly northward.
(4) Rail movement. Shipments must move by direct route from the port
of entry to the port of exit 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, AZ, only for direct rail routing to El
Paso, TX, after which it shall traverse only the territory bounded on
the west by a line drawn from Laredo, TX, to El Paso, TX, to Salt Lake
City, UT, and then to Portland, OR, and on the east by a line drawn from
Laredo, TX, to Hebbronville, TX, to Corpus Christi, TX, to Galveston,
TX, to Kinder, LA, to Memphis, TN, and then to Louisville, KY, and
routes directly northward. Such fruit may also enter the United States
from Mexico at any port listed in paragraph (b)(1) of this section, for
direct eastward rail movement, without diversion en route, for reentry
into Mexico.
(5) Air cargo movement. Shipments of such fruit may move by direct
route as air cargo, without change of 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, an inspector at the port of entry must be contacted
immediately.
(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 country, or for immediate transportation and
exportation in Customs bond by direct rail route to Canada.
(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 Mexico. Oranges,
tangerines, and grapefruit in transit to foreign countries may be
imported from certain municipalities in Mexico listed in
[[Page 528]]
Sec. 319.56-2(h) of this chapter in accordance with the applicable
conditions in Sec. Sec. 319.56 through 319.56-8 of this chapter.
(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 Sec. Sec. 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.
(Approved by the Office of Management and Budget under control number
0579-0303)
[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; 71 FR 49325, Aug. 23, 2006]
PART 353_EXPORT CERTIFICATION
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. 7701-7772 and 7781-7786; 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
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
[[Page 529]]
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 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
[[Page 530]]
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
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.
[[Page 531]]
(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.
(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.
[[Page 532]]
(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 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
[[Page 533]]
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 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
[[Page 534]]
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 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.
[[Page 535]]
(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. 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.
[[Page 536]]
(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;
(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
[[Page 537]]
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 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
[[Page 538]]
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 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
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.
[[Page 539]]
354.5 Penalties for nonpayment or late payment of user fees.
Authority: 7 U.S.C. 7701-7772, 7781-7786, and 8301-8317; 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 Plant, Plant Products, Animals,
Animal Products or Other Regulated Commodities
----------------------------------------------------------------------------------------------------------------
Overtime rates (per hour)
-----------------------------------------------
Outside the employee's normal tour of duty Oct. 1, 2003- Oct. 1, 2004-
Sept. 30, 2004 Sept. 30, 2005 Beginning Oct.
1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays............................ $48.00 $49.00 $51.00
Sundays......................................................... 63.00 65.00 67.00
----------------------------------------------------------------------------------------------------------------
(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 Oct. 1, 2003- Oct. 1, 2004-
Sept. 30, 2004 Sept. 30, 2005 Beginning Oct.
1, 2005
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays............................ $39.00 $40.00 $41.00
Sundays......................................................... 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
[[Page 540]]
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.
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
[[Page 541]]
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.
(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; 68 FR 51882, Aug. 29, 2003]
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.
[[Page 542]]
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 ...........
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
[[Page 543]]
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 ...........
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).
[[Page 544]]
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
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
[[Page 545]]
Hawaii:
Barbers Point NAS............ Honolulu.......... ...... 2
Barking Sands NAS............ Lihue............. ...... 3
Hakalau...................... Hilo.............. ...... 2
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
Kurtistown................... Hilo.............. ...... 2
Lihue Airport................ Lihue............. 1
Lihue, Kauai................. .................. 1
Lihue, Kauai................. Honolulu.......... ...... 5
Mahaiula..................... Keahole........... ...... 2
Mt. View..................... Hilo.............. ...... 2
Napili-Kapalua............... Maui.............. ...... 3
Nawiliwili................... Lihue............. 1
Pepeekeo..................... Hilo.............. ...... 2
Poipu........................ Lihue............. ...... 3
Port Allen................... Lihue............. ...... 3
Princeville.................. Lihue............. ...... 3
South Kohala................. Hilo.............. ...... 4
Umauma....................... Hilo.............. ...... 2
Wahiawa, Oahu................ Honolulu.......... ...... 2
Wailea-Makena................ Maui.............. ...... 2
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
[[Page 546]]
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
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
[[Page 547]]
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
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 Acuna................. Eagle Pass, TX.... ...... 3
Ciudad Acuna................. Laredo, TX........ ...... 6
Ciudad Acuna................. Pleasanton, TX.... ...... 6
Ciudad Juarez................ El Paso, TX....... 1 ...........
Matamoros.................... Brownsville, TX... 1 ...........
Mier......................... Roma, TX.......... 1 ...........
Nuevo Cd. Guerrero........... Roma, TX.......... 1 ...........
Nuevo Laredo................. Del Rio, TX....... ...... 4
Nuevo Laredo................. Eagle Pass, TX.... ...... 5
Nuevo Laredo................. Laredo, TX........ 1 ...........
Nuevo Laredo................. Pharr, TX......... ...... 6
Nuevo Laredo................. Pleasanton, TX.... ...... 5
Nuevo Progreso............... Progreso, TX...... 1 ...........
Ojinaga...................... El Paso, TX....... ...... 6
Ojinago...................... Presidio.......... 1 ...........
Piedras Negras............... Eagle Pass, TX.... 1 ...........
Piedras Negras............... Laredo, TX........ ...... 5
Piedras Negras............... Pharr, TX......... ...... 10
Piedras Niegros.............. Pleasanton, TX.... ...... 5
Reynosa Eagle................ Pass, TX.......... ...... 12
Reynosa...................... Hidalgo, TX....... 1 ...........
Reynosa...................... Laredo, TX........ ...... 5
Reynosa...................... Mission, TX....... ...... 1
Reynosa...................... Pharr, TX......... ...... 1
San Jeronimo................. Presidio, TX...... ...... 6
San Jeronimo................. Santa Theresa, NM. ...... 1
Michigan:
Battle Creek................. Grand Rapids...... ...... 3
Bay City..................... Mt. Pleasant...... ...... 3
[[Page 548]]
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
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
[[Page 549]]
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 ...........
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 ...........
[[Page 550]]
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.
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.
[[Page 551]]
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
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
[[Page 552]]
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
International
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
International
Airport.
Dallas-Fort Worth .................. 1 ...........
International Airport.
Dallas-Fort Worth Decatur........... ...... 2
International 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
Houston (including Houston Bellville......... ...... 4
Intercontinental Airport).
Houston (including Houston Bryan............. ...... 4
Intercontinental Airport).
Houston (including Houston Georgetown........ ...... 8
Intercontinental Airport).
Houston (including Houston Pleasanton........ ...... 8
Intercontinental Airport).
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
International
Airport.
Mercedes..................... Hidalgo........... ...... 2
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
[[Page 553]]
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
(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
[[Page 554]]
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.
------------------------------------------------------------------------
[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:
[[Page 555]]
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 Bureau of Customs and Border Protection, U.S.
Department of Homeland Security.
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 agricultural quarantine and inspection (AQI) user
fee. The AQI user fee for each arrival, not to exceed 15 payments in a
calendar year (i.e., no additional fee will be charged for a 16th or
subsequent arrival in a calendar year), is shown in the following table.
The AQI user fee shall be collected at each port of arrival.
------------------------------------------------------------------------
Effective dates Amount
------------------------------------------------------------------------
January 1, 2005, through September 30, 2005................ $486.00
October 1, 2005, through September 30, 2006................ 488.00
October 1, 2006, through September 30, 2007................ 490.00
October 1, 2007, through September 30, 2008................ 492.00
October 1, 2008, through September 30, 2009................ 494.00
October 1, 2009, through September 30, 2010................ 496.00
------------------------------------------------------------------------
[[Page 556]]
(2) The following categories of commercial vessels are exempt from
paying an AQI 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 ``Particulars of Voyage'' block of the Vessel Entrance or Clearance
Statement, CBP Form 1300, 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 that is entering the customs territory of
the United States and that 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 AQI user fee for each arrival, as
shown in the following table:
------------------------------------------------------------------------
Effective dates Amount
------------------------------------------------------------------------
January 1, 2005, through September 30, 2005................ $5.00
October 1, 2005, through September 30, 2006................ 5.25
October 1, 2006, through September 30, 2007................ 5.25
October 1, 2007, through September 30, 2008................ 5.25
October 1, 2008, through September 30, 2009................ 5.25
October 1, 2009, through September 30, 2010................ 5.25
------------------------------------------------------------------------
(2) The following categories of commercial trucks are exempt from
paying an AQI 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 AQI
permit for the same calendar year. Applicants must apply to Customs for
prepaid AQI permits.\1\ The following information must be provided,
together with payment of an amount 20 times the AQI user fee for each
arrival:
---------------------------------------------------------------------------
\1\ Applicants should refer to Customs and Border Protection
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 AQI 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 AQI 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 AQI user fee. The AQI user fee for each
arrival of a loaded railroad car is shown in the following table. If the
AQI user fee is prepaid for all arrivals of a commercial railroad car
during a calendar year, the AQI user fee is an amount 20 times the AQI
user fee for each arrival.
------------------------------------------------------------------------
Effective dates Amount
------------------------------------------------------------------------
January 1, 2005, through September 30, 2005................ $7.50
October 1, 2005, through September 30, 2006................ 7.50
[[Page 557]]
October 1, 2006, through September 30, 2007................ 7.75
October 1, 2007, through September 30, 2008................ 7.75
October 1, 2008, through September 30, 2009................ 7.75
October 1, 2009, through September 30, 2010................ 7.75
------------------------------------------------------------------------
(2) The following categories of commercial railroad cars are exempt
from paying an AQI 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 AQI 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 AQI user fee will be given
for AQI user fees paid for individual arrivals.
(4) Statement procedures. The Association of American Railroads
(AAR), and the National Railroad Passenger Corporation (AMTRAK), shall
file monthly statements with the U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-
2181, 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 AQI user fee due from each railroad company.
(5) Remittance procedures. Individual railroad companies shall remit
the AQI user fees calculated by AAR, and AMTRAK shall remit the AQI 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. AQI user fees, together with monthly statements, must
be remitted to the U.S. Bank, United States Department of Agriculture
(USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-2181.
(6) Compliance. AAR, AMTRAK, and each railroad company responsible
for making AQI user fee payments must allow APHIS personnel to verify
the accuracy of AQI 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 AQI user fee
payments must advise the U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-
2181, of the name, address, and telephone number of a responsible
officer who is authorized to verify AQI user fee calculations,
collections, and remittances, as well as 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 AQI 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 Bureau of Customs and Border Protection ``Permit to Proceed,''
as specified in 19 CFR 122.81 through 122.85, or an ``Agricultural
Clearance or Safeguard Order'' (PPQ Form 250), used pursuant to Sec.
330.400 of this chapter and 9 CFR 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 AQI user fee. The AQI user
fee for each arrival is shown in the following table:
------------------------------------------------------------------------
Effective dates Amount
------------------------------------------------------------------------
January 1, 2005, through September 30, 2005................ $70.00
October 1, 2005, through September 30, 2006................ 70.25
October 1, 2006, through September 30, 2007................ 70.50
October 1, 2007, through September 30, 2008................ 70.50
October 1, 2008, through September 30, 2009................ 70.75
October 1, 2009, through September 30, 2010................ 70.75
------------------------------------------------------------------------
(2) The following categories of commercial aircraft are exempt from
paying an AQI user fee:
[[Page 558]]
(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, as
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 Sec. 330.400 of
this chapter and 9 CFR 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 or
the Bureau of Customs and Border Protection, 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 U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-
2181, for receipt no later than 31 days after the close of the calendar
quarter in which the aircraft arrivals occurred. Late payments will be
subject to interest, penalty, and handling charges as provided in the
Debt Collection Act of 1982, as amended by the Debt Collection
Improvement Act of 1996 (31 U.S.C. 3717).
(ii) The remitter must mail with the remittance a written statement
to the U.S. Bank, United States Department of Agriculture (USDA), APHIS,
AQI, P.O. Box 952181, St. Louis, MO 63195-2181. 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 AQI user fees remitted and
to otherwise determine compliance with 21 U.S.C. 136a and this
paragraph. Each carrier must advise the U.S. Bank, United States
Department of Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St.
Louis, MO 63195-2181, of the name, address, and telephone number of a
responsible officer who is authorized to verify AQI user fee
calculations and remittances, as well as 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 AQI user 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 AQI 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.
[[Page 559]]
(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 AQI
user fee. The AQI user fee for each arrival is shown in the following
table:
------------------------------------------------------------------------
Effective dates\1\ Amount
------------------------------------------------------------------------
January 1, 2005, through September 30, 2005................ $4.95
October 1, 2005, through September 30, 2006................ 5.00
October 1, 2006, through September 30, 2007................ 5.00
October 1, 2007, through September 30, 2008................ 5.00
October 1, 2008, through September 30, 2009................ 5.00
October 1, 2009, through September 30, 2010................ 5.00
------------------------------------------------------------------------
\1\ Persons who issue international airline tickets or travel documents
are responsible for collecting the AQI 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 AQI 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
AQI 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;
(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;
(viii) Passengers transiting the United States and not subject to
inspection; and
(ix) Passengers moving from the United States Virgin Islands to
Puerto Rico.
(3) AQI 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 that originates in
any foreign country; and
(ii) When passengers arrive in the customs territory of the United
States in transit from a foreign country and are inspected by APHIS or
Customs.
(4) Collection of fees. (i) Any person who issues tickets or travel
documents on or after May 13, 1991, is responsible for collecting the
AQI user fee from all passengers transported into the customs territory
of the United States to whom the AQI user fee applies.
(A) Tickets or travel documents must be marked by the person who
collects the AQI user fee to indicate that the required AQI user fee has
been collected from the passenger.
(B) If the AQI user fee applies to a passenger departing from the
United States and if the passenger's tickets or travel documents were
issued on or after May 13, 1991, but do not reflect collection of the
AQI user fee at the time of issuance, then the carrier transporting the
passenger from the United States must collect the AQI user fee upon
departure.
(C) AQI 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. AQI user fees collected from international
passengers shall be accounted for separately and shall be regarded as
trust funds held by the person possessing
[[Page 560]]
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 AQI 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 AQI user fee
must remit the fee to the U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-
2181. 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 AQI user fee under this
part, must remit the fee to APHIS, unless by contract the carrier will
remit the fee.
(ii) AQI user fees must be remitted to the U.S. Bank, United States
Department of Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St.
Louis, MO 63195-2181, for receipt no later than 31 days after the close
of the calendar quarter in which the AQI user fees were collected. Late
payments will be subject to interest, penalty, and handling charges as
provided in the Debt Collection Act of 1982, as amended by the Debt
Collection Improvement Act of 1996 (31 U.S.C. 3717). Refunds by a
remitter of AQI 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 U.S. Bank, United States Department of Agriculture (USDA), APHIS,
AQI, P.O. Box 952181, St. Louis, MO 63195-2181. 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 U.S. Bank, United States Department of
Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St. Louis, MO 63195-
2181, 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 AQI 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 AQI user fees collected and
remitted and to otherwise determine compliance with 21 U.S.C. 136a and
this paragraph. Each carrier, travel agent, United States-based tour
wholesaler, or other entity must advise the U.S. Bank, United States
Department of Agriculture (USDA), APHIS, AQI, P.O. Box 952181, St.
Louis, MO 63195-2181, of the name, address, and telephone number of a
responsible officer who is authorized to verify AQI user fee
calculations, collections, and remittances, as well as 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 AQI 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 AQI user fee at the time and place the certificate is
issued, or, in the case of a
[[Page 561]]
block of certificates, at the time the certificates are given to the
shipper.
(2) There is no AQI 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 AQI user fees are:
(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; and
(v) $7 for reissuing any certificate or certificate for reexport.
(h) Refunds of AQI 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 AQI user fees under the following circumstances:
(i) If a certificate from the block is voided;
[[Page 562]]
(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 AQI 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 per
hour, or $14 per quarter hour, with a minimum fee of $14 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, 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, 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 and the destruction or
reexportation of the solid wood packing material. (Approved by the
Office of Management and Budget under control numbers 1651-0019, 0579-
0094, or 0579-0052).
[69 FR 71679. Dec. 9, 2004, as amended at 71 FR 50328, Aug. 25, 2006]
Effective Date Note: At 71 FR 50328, Aug. 25, 2006, Sec. 354,3 was
amended as follows: In paragraph (b)(2)(i), by removing the words
``other than in Canada'' both times they appear; in paragraph
(b)(2)(iv), by adding the word ``and'' after the semicolon; in paragraph
(b)(2)(v), by removing the word ``; and'' and adding a period in its
place; by removing paragraph (b)(2)(vi); in paragraph (c)(1), by
revising the first sentence to read as set forth below; by removing and
reserving paragraph (c)(2); in the introductory text of paragraph
(c)(3)(i), by removing the words ``from Mexico''; by removing and
reserving paragraph (d)(2)(i); in paragraph (d)(4)(i), by removing the
words ``from Mexico''; and by removing and reserving paragraphs
(e)(2)(i) and (f)(2)(i), effective Nov. 24, 2006. At 71 FR 67436, Nov.
22, 2006, the effective date was delayed until Mar. 1, 2007. For the
convenience of the user, the revised text is set forth as follows:
Sec. 354.3 User fees for certain international services.
* * * * *
(c) * * *
(1) The driver or other person in charge of a commercial truck that
is entering the customs territory of the United States and that 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 AQI user fee for each arrival, as shown in the following table: * * *
* * * * *
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;
[[Page 563]]
(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 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]
[[Page 564]]
PART 355_ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL PLANTS
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, 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
[[Page 565]]
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.
Protected plant permit. PPQ Form 622, ``Protected Plant Permit to
Engage in the Business of Importing, Exporting, or Reexporting
Terrestrial Plants Regulated by 50 CFR 17.12 and 23.23.''
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.
[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]
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 protected plant permit issued under Sec.
355.11.
[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]
Sec. 355.11 Protected plant permits.
(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 protected plant
permit for engaging in such business from Plant Protection and
Quarantine.
(b) An application for a protected plant permit shall be submitted
to the Animal and Plant Health Inspection Service, Plant Protection and
Quarantine, Permit Services, 4700 River Road Unit 133, Riverdale, MD
20737-1236. The completed application shall include the following
information: \3\
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\3\ Application forms are available on the Internet (http://
www.aphis.usda.gov/ppq/permits), by calling (877) 770-5990, or by
writing to the address in this paragraph. Application forms may also be
obtained 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.
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(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
[[Page 566]]
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 similar 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 protected plant 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 protected plant 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 protected plant 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 protected
plant permit. If a protected plant permit is denied, the notification
shall state the reasons therefor. If a protected plant 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.
(h) A protected plant 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 protected plant permit. A protected plant 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 protected plant permit may be denied
and any protected plant 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
[[Page 567]]
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 protected plant permit may be denied and
any protected plant 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; 70 FR 57995, Oct. 5, 2005]
Subpart_Inspections and Related Provisions
Sec. 355.20 Marketing and notification requirements for plants
imported, exported, or reexported by means other than mail.
\4\
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\4\ 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.)
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(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 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
[[Page 568]]
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)
[49 FR 42912, Oct. 25, 1984, as amended at 70 FR 57995, Oct. 5, 2005]
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 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
[[Page 569]]
plant.\5\ 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.
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\5\ 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.
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(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;
70 FR 57995, Oct. 5, 2005]
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
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
[[Page 570]]
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
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, exportation, or reexportation
of terrestrial plants.
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\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
[[Page 571]]
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, 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.
[[Page 572]]
(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 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
[[Page 573]]
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 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
[[Page 574]]
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
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. 7701-7772 and 7781-7786; 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]
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\
[[Page 575]]
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
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)
[[Page 576]]
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)
Senecio inaequidens DC. (South African ragwort)
Senecio madagascariensis Poir. (Madagascar ragwort)
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; 71 FR
35381, June 20, 2006]
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
(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
[[Page 577]]
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
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.
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
[[Page 578]]
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.
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.
[[Page 579]]
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)
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.
[[Page 580]]
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.
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
[[Page 581]]
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 Sec. Sec. 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 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
[[Page 582]]
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, 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
[[Page 583]]
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 Sec. Sec. 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 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;
[[Page 584]]
(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.
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) (1) sampled (pounds) purposes without
(2) sampling
(pounds) (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
[[Page 585]]
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
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
[[Page 586]]
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
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
[[Page 587]]
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
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
[[Page 588]]
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
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
[[Page 589]]
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, 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.
[[Page 590]]
(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.
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
[[Page 591]]
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
Senecio inaequidens DC.
Senecio madagascariensis Poir.
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;
(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
[[Page 592]]
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; 71 FR 35381, June 20, 2006]
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), 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
[[Page 593]]
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.
PART 370_FREEDOM OF INFORMATION
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.
[[Page 594]]
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.
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:
[[Page 595]]
(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
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 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)
[[Page 596]]
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, as amended (7 U.S.C. 7701-7786).
(xi) Authority to collect reimbursement for overtime paid to
employees for inspection or quarantine services (7 U.S.C. 2260).
(xii) Title V of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 2279e and 2279f).
(xiii) title II, Subtitle B, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 not
and 8401).
(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 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,
[[Page 597]]
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; 68 FR 27449, May 20, 2003; 70 FR 55706, Sept.
23, 2005]
Editorial Note: At 70 FR 57994, Oct. 5, 2005, Sec. 371.3, paragraph
(b)(2)(x) was amended by removing the citation ``7 U.S.C. 7701-7772''
and adding the citation ``7 U.S.C. 7701-7772 and 7781-7786'' in its
place. However, there is no citation ``7 U.S.C. 7701-7772'' in this
paragraph.
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 18 of the Federal Meat Inspection Act, as amended, as it
pertains to the issuance of certificates of condition of live animals
intended and offered for export (21 U.S.C. 618).
(ii) 28 Hour Law, as amended (49 U.S.C. 80502);
(iii) Act of August 26, 1983, as amended (46 U.S.C. 3901 through
3902);
(iv) Harmonized Tariff Schedule of the United States;
(v) Virus-Serum-Toxin Act (21 U.S.C. 151 through 159);
(vi) 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);
(vii) Section 101(d) of the Organic Act of September 21, 1944 (7
U.S.C. 430);
(viii) The Swine Health Protection Act (7 U.S.C. 3801 through 3813);
(ix) 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);
(x) 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); and
(xi) 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).
(xii) Animal Health Protection Act (7 U.S.C. 8301-8317).
(xiii) Section 10504 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8318).
(xiv) The responsibilities of the United States related to
activities of the Office International des Epizooties.
(xv) Title II, Subtitles B and C, of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002 (7 U.S.C. 8401 note,
8401, 8411).
(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
[[Page 598]]
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.
[65 FR 1299, Jan. 10, 2000, as amended at 68 FR 27449, May 20, 2003; 70
FR 55706, Sept. 23, 2005]
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, Sec. Sec. 371.3(b)(2)(i)
through (xiv);
(ii) Title 7, Code of Federal Regulations, Sec. Sec. 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) and the Act
of December 22, 1987 (7 U.S.C. 426c).
(3) Assisting Federal, State, local, and foreign agencies and
individuals with regard to wildlife damage and control.
(4) Conducting research to develop wildlife damage management
methods.
[65 FR 1299, Jan. 10, 2000, as amended at 69 FR 76379, Dec. 21, 2004]
Sec. 371.7 Animal Care.
(a) General statement. Animal Care (AC) establishes acceptable
standards
[[Page 599]]
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.
(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.
[[Page 600]]
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
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,
[[Page 601]]
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
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 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
[[Page 602]]
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:
(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,
[[Page 603]]
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 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
[[Page 604]]
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 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
[[Page 605]]
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.
(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
[[Page 606]]
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
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. 7701-7772 and 7781-7786; 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 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.......................... 171
305 Phytosanitary treatments.................... 171
318 Hawaiian and territorial quarantine notices. 240
319 Foreign quarantine notices.................. 279
322 Bees, Beekeeping Byproducts, and Beekeeping
Equipment............................... 453
330 Federal plant pest regulations; general;
plant pests; soil, stone, and quarry
products; garbage....................... 466
331 Possession of biological agents and toxins.. 485
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............................. 496
351 Importation of plants or plant products by
mail.................................... 514
352 Plant quarantine safeguard regulations...... 516
353 Export certification........................ 528
354 Overtime services relating to imports and
exports; and user fees.................. 538
355 Endangered species regulations concerning
terrestrial plants...................... 564
356 Forfeiture procedures....................... 570
360 Noxious weed regulations.................... 574
361 Importation of seed and screenings under the
Federal Seed Act........................ 577
370 Freedom of information...................... 593
371 Organization, functions, and delegations of
authority............................... 595
372 National Environmental Policy Act
implementing procedures................. 601
[[Page 6]]
380 Rules of practice governing proceedings
under certain acts...................... 606
381-399 [Reserved]
[[Page 7]]
PART 300_INCORPORATION BY REFERENCE--Table of Contents
Subpart_Materials Incorporated by Reference
Sec.
300.1 [Reserved]
300.2 Dry Kiln Operator's Manual.
300.3 Reference Manual A.
300.4 Reference Manual B.
300.5 International Standards for Phytosanitary Measures.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Source: 67 FR 8463, Feb. 25, 2002, unless otherwise noted.
Editorial Note: Nomenclature changes to part 300 appear at 69 FR
18803, Apr. 9, 2004.
Sec. 300.1 [Reserved]
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 National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; 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 APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; 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 APHIS Library, U.S.
Department of Agriculture, 4700 River Road, Riverdale, MD or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html; or
(2) May be obtained by writing to Phytosanitary Issues Management,
[[Page 8]]
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. 300.5 International Standards for Phytosanitary Measures.
(a) The International Standards for Phytosanitary Measures
Publication No. 4, ``Requirements for the Establishment of Pest Free
Areas,'' which was published February 1996 by the International Plant
Protection Convention of the United Nations' Food and Agriculture
Organization 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 International Standards for
Phytosanitary Measures Publication No. 4:
(1) Are available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html; 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/standards/.
[68 FR 37915, June 25, 2003]
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 and management method.
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_Emerald Ash Borer
301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.
301.53-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited permits.
301.53-9 Costs and charges.
Subpart_Mexican Fruit Fly Quarantine and Regulations
301.64 Restrictions on interstate movement of regulated articles.
301.64-1 Definitions.
301.64-2 Regulated articles.
301.64-3 Quarantined 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.
[[Page 10]]
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.
301.75-17 Funds for the replacement of certified citrus nursery stock.
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.
[[Page 11]]
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.
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, disinfection, and disposal.
301.89-13 Treatments.
301.89-14 [Reserved]
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,
National Survey participants, and certain custom harvesters
and equipment owners or lessees 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.
[[Page 12]]
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.
Subpart_Sapote Fruit Fly
301.99 Restrictions on interstate movement of regulated articles.
301.99-1 Definitions.
301.99-2 Regulated articles.
301.99-3 Quarantined areas.
301.99-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
301.99-5 Issuance and cancellation of certificates and limited permits.
301.99-6 Compliance agreements and cancellation.
301.99-7 Assembly and inspection of regulated articles.
301.99-8 Attachment and disposition of certificates and limited permits.
301.99-9 Costs and charges.
301.99-10 Treatments.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and
371.3.
Sec. ion 301.75-15 issued under Sec. 204, Title II, Public Law 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued under
Sec. 203, Title II, Public Law 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\
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\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]
[[Page 13]]
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.
Clonally propagated. Reproduced asexually through cuttings, tissue
culture, suckers, or crown division. For the purposes of this subpart, a
Berberis plant will be considered clonally propagated only if its parent
stock is, or was derived from, a seed-propagated black stem rust-
resistant plant of more than 2 years' growth.
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
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(d) of this subpart.
Rust-resistant plants. All plants of the genera Berberis,
Mahoberberis, and Mahonia, 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)(1) and (a)(2).
---------------------------------------------------------------------------
\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 not listed as rust-resistant under Sec.
301.38-2 (a)(1) and (a)(2).
Regulated article. Any article listed in Sec. 301.38-2 (a)(1)
through (a)(3) of this subpart or otherwise designated as a regulated
article in accordance with Sec. 301.38-2(a)(4) of this subpart.
Seedling. Any plant of the genera Berberis, Mahoberberis, and
Mahonia
[[Page 14]]
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; 71 FR 5778, Feb. 3, 2006]
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 plants, seeds, fruits, and other plant parts capable of
propagation from the following rust-resistant Berberis species and
varieties.
B. aggregataxB. 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'
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 'Admiration'
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])
[[Page 15]]
B. thunbergii 'Bailtwo'
B. thunbergii 'Bailtwo' (Burgundy Carousel [reg])
B. thunbergii 'Bonanza Gold'
B. thunbergii 'Concorde'
B. thunbergii 'Crimson Ruby'
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 Carpet'
B. thunbergii 'Golden Devine'
B. thunbergii 'Golden Pygmy'
B. thunbergii 'Golden Rocket'
B. thunbergii 'Golden Ruby'
B. thunbergii 'Green Carpet'
B. thunbergii 'Harlequin'
B. thunbergii 'Helmond Pillar'
B. thunbergii 'Kobold'
B. thunbergii 'Lime Glow'
B. thunbergii 'Lustre Green'
B. thunbergii 'Maria'
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 'Pow Wow'
B. thunbergii 'Red Carpet'
B. thunbergii 'Red Rocket'
B. thunbergii 'Rosy Rocket'
B. thunbergii 'Royal Burgundy'
B. thunbergii 'Royal Cloak'
B. thunbergii 'Sparkle'
B. thunbergii 'Talago'
B. thunbergii 'Thornless'
B. thunbergii 'Tiny Gold'
B. thunbergii 'Upright Jewell'
B. thunbergii variegata
B. thunbergii xanthocarpa
B. thunbergiix'Bailsel' (Golden Carousel [reg])
B. thunbergiix'Tara' (Emerald Carousel [reg])
B. triacanthophora
B. triculosa
B. verruculosa
B. virgatorum
B. workingensis
B. xanthoxylon
B.xcarminea 'Pirate King'
B.xfrikartii 'Amstelveen'
(2) All plants, seedlings, seeds, fruits, and other plant parts
capable of propagation from the following rust-resistant Mahoberberis
and Mahonia species and varieties, 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'
(3) All plants, seeds, fruits, and other plant parts capable of
propagation from rust-susceptible species and varieties of the genera
Berberis, Mahoberberis, and Mahonia, except Mahonia cuttings for
decorative purposes.
(4) Any other product or article not listed in paragraphs (a)(1)
through (a)(3) of this section that an inspector determines presents a
risk of spread of black stem rust. The inspector must notify the person
in possession of the product or article that it is subject to the
provisions of this subpart.
(b) A person may request that an additional rust-resistant variety
be added to paragraph (a)(1) or (a)(2) of this section. The person
requesting that a
[[Page 16]]
rust-resistant variety be added to paragraph (a)(1) or (a)(2) 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, as amended at 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-3 Protected areas.
(a) The Administrator may designate as a protected area in paragraph
(d) 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;
(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.
[[Page 17]]
(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 (d) 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; 71 FR 5778, Feb. 3, 2006]
Sec. 301.38-4 Interstate movement of regulated articles.
(a) Non-protected areas. Interstate movement of regulated articles
into or through any State or area that is not designated as a protected
area under Sec. 301.38-3(d) 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 rust-susceptible Berberis, Mahoberberis, and Mahonia plants,
seeds, fruits, and other plant parts capable of propagation, except
Mahonia cuttings for decorative purposes.
(ii) All seed-propagated plants of the Berberis species and
varieties designated as rust-resistant in Sec. 301.38-2(a)(1) of this
subpart that are of less than 2 years' growth, and any seeds, fruits,
and other plant parts capable of propagation from such plants.
(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 Sec. Sec. 301.38-5 and 301.38-7
of this subpart:
(i) Seed-propagated plants of at least 2 years' growth, clonally
propagated plants of any age, seeds, fruits, and other plant parts
capable of propagation of the Berberis species and varieties designated
as rust-resistant in Sec. 301.38-2(a)(1) of this subpart;
(ii) Plants, seeds, fruits, and other plant parts capable of
propagation of the Mahoberberis and Mahonia species and varieties
designated as rust-resistant in Sec. 301.38-2(a)(2) 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; 71
FR 5778, Feb. 3, 2006]
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
[[Page 18]]
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.
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\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, 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\
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\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.
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(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
[[Page 19]]
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]
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 Sec. etary 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
[[Page 20]]
limited to, awnings, tents, outdoor furniture, trailer blocks, and
trailer skirts.
Bark. The tough outer covering of the woody stems of trees, shrubs,
and other woody plants as distinguished from the cambium and inner wood.
Bark products. Products containing pieces of bark including bark
chips, bark nuggets, bark mulch, and bark compost.
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 Sec. ion 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 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
[[Page 21]]
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 bark and bark products.
(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 Program Manual. \2\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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; 70 FR 33268, June 7, 2005; 71 FR 40878, July
19, 2006]
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 Sec. ion 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
[[Page 22]]
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.
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.
[[Page 23]]
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, 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.
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.
Guernsey 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.
[[Page 24]]
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.
Seneca 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.
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 Roanoke. The entire city.
City of Salem. 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.
Craig 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.
Giles 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.
[[Page 25]]
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.
Roanoke 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.
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.
Jackson 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.
Monroe 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
Adams County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Columbia County. The entire county.
Dane 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.
Juneau County. The entire county.
Kenosha County. The entire county.
Kewaunee County. The entire county.
Langlade County. The entire county.
Lincoln County. The entire county.
Manitowoc County. The entire county.
Marathon County. The entire county.
Marinette County. The entire county.
Marquette County. The entire county.
Menominee County. The entire county.
Milwaukee County. The entire county.
Oconto County. The entire county.
Oneida 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.
Sauk County. The entire county.
Shawano County. The entire county.
Sheboygan County. The entire county.
Vilas County. The entire county.
Walworth County. The entire county.
Washington County. The entire county.
Waukesha County. The entire county.
Waupaca County. The entire county.
[[Page 26]]
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; 69 FR 31723, June 7,
2004; 71 FR 25064, Apr. 28, 2006; 71 FR 53547, Sept. 12, 2006; 71 FR
66830, Nov. 17, 2006]
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
Sec. Sec. 301.45-5 and 301.45-8. \3\
---------------------------------------------------------------------------
\3\ 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
Sec. Sec. 301.45-5 and 301.45-8.
(b) A regulated article originating outside of any generally
infested area 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
August. 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 bark and bark products, 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.
[58 FR 39423, July 23, 1993, as amended at 70 FR 33268, June 7, 2005; 71
FR 40878, July 19, 2006]
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
[[Page 27]]
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 and part
305 of this chapter; 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 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
[[Page 28]]
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;
70 FR 33268, June 7, 2005]
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 and part 305 of this chapter. 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 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;
70 FR 33268, June 7, 2005]
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
[[Page 29]]
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 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]
[[Page 30]]
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 Sec. etary of Agriculture heretofore determined after public
hearing to quarantine the States of Alabama, Arkansas, Connecticut,
Delaware, Georgia, Illinois, Indiana, Iowa, 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, Colorado, Idaho, Montana, 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; 68 FR 43614, July 24, 2003; 69 FR 40534,
July 6, 2004; 71 FR 35493, June 21, 2006]
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:
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.
[44 FR 24035, Apr. 24, 1979, as amended at 61 FR 32640, June 25, 1996;
70 FR 33268, June 7, 2005]
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
[[Page 31]]
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
(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 part 305 of this
chapter 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
part 305 of this chapter.
(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.
[[Page 32]]
(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; 70
FR 33268, June 7, 2005]
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]
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]
[[Page 33]]
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.
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 bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
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; 71
FR 13925, Mar. 20, 2006]
Sec. 301.50-2 Regulated articles.
The following are regulated articles:
(a) Pine products (Pinus spp.), as follows: Bark products; 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
[[Page 34]]
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; 71 FR 13925, Mar. 20, 2006]
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 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:
Connecticut
The entire State.
Illinois
Boone County. The entire county.
Bureau County. The entire county.
Carroll County. The entire county.
Champaign County. The entire county.
Christian County. The entire county.
Clark County. The entire county.
Coles County. The entire county.
Cook County. The entire county.
De Kalb County. The entire county.
De Witt County. The entire county.
Douglas County. The entire county.
Du Page County. The entire county.
Edgar County. The entire county.
Ford County. The entire county.
Grundy County. The entire county.
Henry County. The entire county.
Iroquois County. The entire county.
Jo Daviess 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.
Marshall County. The entire county.
Mason County. The entire county.
McHenry County. The entire county.
McLean County. The entire county.
Moultrie County. The entire county.
Ogle County. The entire county.
Peoria County. The entire county.
Piatt County. The entire county.
Putnam County. The entire county.
Shelby County. The entire county.
Stark 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.
Bartholomew 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.
Dearborn County. The entire county.
Decatur County. The entire county.
De Kalb County. The entire county.
[[Page 35]]
Delaware County. The entire county.
Elkhart County. The entire county.
Fayette County. The entire county.
Fountain County. The entire county.
Franklin 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.
Jennings 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.
Monroe County. The entire county.
Montgomery County. The entire county.
Morgan 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.
Putnam County. The entire county.
Randolph County. The entire county.
Ripley 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.
Union County. The entire county.
Vermillion County. The entire county.
Vigo 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.
Iowa
Dubuque County. The entire county.
Scott 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.
Montgomery County. The entire county.
Washington County. The entire county.
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
The entire State.
New Hampshire
The entire State.
New Jersey
Bergen County. The entire county.
Hunterdon County. The entire county.
Passaic County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
New York
Albany County. The entire county.
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.
Clinton County. The entire county.
Columbia County. The entire county.
Cortland County. The entire county.
Delaware County. The entire county.
Erie County. The entire county.
Essex County. The entire county.
Franklin County. The entire county.
Fulton County. The entire county.
Genesee County. The entire county.
Greene County. The entire county.
Hamilton County. The entire county.
Herkimer 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.
Montgomery County. The entire county.
Niagara County. The entire county.
Oneida County. The entire county.
Onondaga County. The entire county.
Ontario County. The entire county.
Orange County. The entire county.
Orleans County. The entire county.
Oswego County. The entire county.
Otsego County. The entire county.
Rensselaer County. The entire county.
St. Lawrence County. The entire county.
Saratoga County. The entire county.
Schenectady County. The entire county.
Schoharie County. The entire county.
Schuyler County. The entire county.
Seneca County. The entire county.
Steuben County. The entire county.
[[Page 36]]
Sullivan County. The entire county.
Tioga County. The entire county.
Tompkins County. The entire county.
Ulster County. The entire county.
Warren County. The entire county.
Washington 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.
Athens 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.
Gallia 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.
Highland County. The entire county.
Hocking County. The entire county.
Holmes County. The entire county.
Huron County. The entire county.
Jackson County. The entire county.
Jefferson County. The entire county.
Knox County. The entire county.
Lake County. The entire county.
Lawrence 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.
Meigs County. The entire county.
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.
Pike County. The entire county.
Portage County. The entire county.
Preble County. The entire county.
Putnam County. The entire county.
Richland County. The entire county.
Ross County. The entire county.
Sandusky County. The entire county.
Scioto 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.
Washington 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
The entire State.
Rhode Island
The entire State
Vermont
The entire State.
Virginia
Clarke County. The entire county.
West Virginia
The entire state.
Wisconsin
The entire State.
[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; 69 FR 244, Jan. 5, 2004; 69 FR 31725, June
7, 2004; 70 FR 30330, May 26, 2005; 71 FR 29762, May 24, 2006; 71 FR
58245, Oct. 3, 2006]
[[Page 37]]
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 Sec. Sec. 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 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, if
pine bark products, produced according to the requirements of the
management method in Sec. 301.50-10(d) 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 1 through October 31 or if the
regulated article is pine bark products produced from a tree felled and
debarked during the period of July 1 through October 31; 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
[[Page 38]]
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 pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31, will
be shipped interstate from the quarantined area during the period of
July 1 through October 31 of the same year in which the source tree was
felled; 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 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
[[Page 39]]
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; 71 FR 13925, Mar. 20, 2006]
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.
---------------------------------------------------------------------------
(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
[[Page 40]]
---------------------------------------------------------------------------
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 and management method.
(a) Fumigation is authorized for use on pine logs with bark
attached, pine lumber with bark attached, pine bark products, and pine
stumps, as follows: Logs, lumber, and stumps may be treated with methyl
bromide at normal atmospheric pressure with 48 g/m\3\ (3 lb/1000 ft\3\)
for 16 hours at 21 [deg]C (70 [deg]F) or above, or 80 g/m\3\ (5 lb/1000
ft\3\) 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 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.
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
[[Page 41]]
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must either
be ground into pieces of 1 inch or less in diameter or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less in
size or composted in accordance with the procedure in paragraph (d)(3)
of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200 cubic
yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at or
over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first pile and used to cover the second compost pile to a depth of 3
feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material must remain undisturbed
until the interior temperature of the pile reaches 120 [deg]F (49
[deg]C) and remains at or over that temperature for 4 consecutive days.
After this 4-day period, the composting procedure is complete.
[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; 71 FR 13925, Mar. 20, 2006]
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.
[[Page 42]]
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:
(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),
Albizia (mimosa), Betula (birch), Celtis (hackberry), Fraxinus (ash),
Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain
ash), and Ulmus (elm).
(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; 68
FR 26985, May 19, 2003]
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:
New Jersey
Middlesex and Union Counties. That portion of the counties,
including the municipalities of Roselle, Elizabeth City, Linden,
Carteret, Woodbridge, Rahway, and Clark, that is bounded by a line drawn
as follows: Beginning at the intersection of Locust Street (County Road
619) and West Grand Avenue
[[Page 43]]
(Union County 610) in Roselle, NJ; then east on West Grand Avenue to
Chilton Street; then south on Chilton Street to South Street; then east
on South Street to Broad Street; then south on Broad Street to Summer
Street; then east on Summer Street to the Elizabeth River; then east
along the Elizabeth River to the Arthur Kill; then south along the
Arthur Kill (New Jersey and New York State border) to the point where
Roosevelt Avenue (State Route 602) meets the Arthur Kill in Carteret,
NJ; then south along Roosevelt Avenue to Port Reading Avenue (State
Route 604); then west southwest along Port Reading Avenue to the Conrail
railroad; then north and west along the Conrail railroad right-of-way to
the NJ Transit railroad right-of-way; then north and northwest along the
NJ Transit railroad right-of-way to the south branch of the Rahway
River; then west along the south branch of the Rahway River to St.
Georges Avenue (State Highway 27); then north along St. Georges Avenue
to its intersection with the eastern border of Rahway River Park (Union
County Park); then north along the eastern border of Rahway River Park
to the intersection of Valley Road and Union County Parkway; then north
along Union County Parkway to North Stiles Street; then northwest along
North Stiles Street to Raritan Road; then northeast along Raritan Road
to the perpendicular intersection of Raritan Road and the Cranford/
Linden township border (144 Raritan Road); then north along the
Cranford/Linden border to Myrtle Street; then east along Myrtle Street
to the intersection of Amsterdam Avenue and Wood Avenue; then southeast
along Wood Avenue to 5th Avenue; then northeast along 5th Avenue to
Locust Street; then north along Locust 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 Wards Island; then
east and south along the shoreline of Randall's and Wards 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 the Grand Central Parkway;
then west on the Grand Central Parkway to the Jackie Robinson Parkway;
then west on the Jackie Robinson Parkway to Park Lane; then south on
Park Lane to Park Lane South; then south and west on Park Lane South to
112th Street; then south on 112th Street to Atlantic Avenue; then west
on Atlantic Avenue to 106th Street; then south on 106th Street to
Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then south
on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to
Canton Avenue; then west on Canton Avenue to the Prospect Expressway;
then north and west on the Prospect Expressway to the Gowanus
Expressway; then north and west on the Gowanus Expressway to Hamilton
Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue
and 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 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
[[Page 44]]
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; 68 FR 26985, May 19, 2003; 69 FR 10600,
Mar. 8, 2004; 70 FR 4005, Jan. 28, 2005; 70 FR 21327, Apr. 26, 2005; 70
FR 61351, Oct. 24, 2005; 71 FR 40880, July 19, 2006; 71 FR 59651, Oct.
11, 2006]
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 Sec. Sec. 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).
---------------------------------------------------------------------------
(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
[[Page 45]]
(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 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
[[Page 46]]
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
(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
[[Page 47]]
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.
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
[[Page 48]]
designated by the Deputy Administrator under Sec. 301.52-2(a).
[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; 70 FR 33268, June 7, 2005]
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.
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 Sec. ions 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. \2\
---------------------------------------------------------------------------
\2\ 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 Sec. Sec. 301.52-4 and 301.52-7 if moved:
[[Page 49]]
(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;
70 FR 33268, June 7, 2005]
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 part
305 of this chapter; 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 part 305 of this chapter, when upon evaluation of the circumstances
involved in each specific case the inspector 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 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
[[Page 50]]
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 the inspector determines that the
holder thereof has not complied with any condition for the use of such
document imposed by this subpart.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
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 the inspector 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.
[32 FR 16385, Nov. 30, 1967, as amended at 70 FR 33268, June 7, 2005]
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 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
[[Page 51]]
regulations in this subpart, other than for the services of the
inspector.
Subpart_Emerald Ash Borer
Source: 68 FR 59088, Oct. 8, 2003, unless otherwise noted.
Sec. 301.53-1 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 that is issued for a regulated article by an
inspector or by a person operating under a compliance agreement and that
represents that such article is eligible for interstate movement in
accordance with Sec. 301.53-5(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.
Emerald ash borer. The insect known as emerald ash borer (Agrilus
planipennis [Coleoptera: Buprestidae]) in any stage of development.
Infestation. The presence of the emerald ash borer or the existence
of circumstances that make it reasonable to believe that the ash borer
is present.
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 or a person
operating under a compliance agreement 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. 301.53-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.53-3(b).
Regulated article. Any article listed in Sec. 301.53-2(a) or
otherwise designated as a regulated article in accordance with Sec.
301.53-2(b).
State. The District of Columbia, Puerto Rico, the Northern Mariana
Islands, or any State, territory, or possession of the United States.
Sec. 301.53-2 Regulated articles.
The following are regulated articles:
(a) The emerald ash borer; firewood of all hardwood (non-coniferous)
species; nursery stock, green lumber, and other material living, dead,
cut, or fallen, including logs, stumps, roots, branches, and composted
and uncomposted chips of the genus Fraxinus.
(b) Any other article, product, or means of conveyance not listed in
paragraph (a) of this section may be designated as a regulated article
if an inspector determines that it presents a risk of spreading emerald
ash borer and notifies the person in possession of the article, product,
or means of conveyance that it is subject to the restrictions of the
regulations.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005]
Sec. 301.53-3 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 emerald
ash borer has been found by an inspector, in which the Administrator has
reason to believe that the emerald ash borer is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities where
emerald ash borer has been found. Less than an entire State will be
designated
[[Page 52]]
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
emerald ash borer.
(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:
Indiana
Adams County. The entire county.
Hamilton County. The entire county.
Huntington County. The entire county.
LaGrange County. The entire county.
Marion County. The entire county.
Randolph County. The entire county.
Steuben County. The entire county.
Michigan
Upper Peninsula: Chippewa County. Brimley area. That portion of the
county bounded by a line drawn as follows: Beginning at the intersection
of Michigan Route 28 and Crawford Street; then north on Crawford Street
to Irish Line Road; then north on Irish Line Road to its end and
continuing north along an imaginary line to the Bay Mills/Superior
Township line; then north and east along the Bay Mills/Superior Township
line to the Lake Superior shoreline; then east along the Lake Superior
shoreline to the Bay Mills/Soo Township line; then south on the Bay
Mills/Soo Township line to the intersection of the Dafter and Superior
Township lines at 6 Mile Road; then south along the Dafter/Superior
Township line to Forrest Road; then south on Forrest Road to Michigan
Route 28; then west on Michigan Route 28 to the point of beginning.
[Note: This quarantined area includes tribal land of the Bay Mills
Indian Community. Movement of regulated articles on those lands is
subject to tribal jurisdiction.]
Lower Peninsula: All counties, in their entirety (i.e., Alcona,
Allegan, Alpena, Antrim, Arenac, Barry, Bay, Benzie, Berrien, Branch,
Calhoun, Cass, Charlevoix, Cheboygan, Clare, Clinton, Crawford, Eaton,
Emmet, Genesee, Gladwin, Grand Traverse, Gratiot, Hillsdale, Huron,
Ingham, Ionia, Iosco, Isabella, Jackson, Kalamazoo, Kalkaska, Kent,
Lake, Lapeer, Leelanau, Lenawee, Livingston, Macomb, Manistee, Mason,
Mecosta, Midland, Missaukee, Monroe, Montcalm, Montmorency, Muskegon,
Newaygo, Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa,
Presque Isle, Roscommon, Saginaw Sanilac, St. Clair, St. Joseph,
Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne, and Wexford Counties).
Ohio
Auglaize County. Duchouquet Township.
Defiance County. The entire county.
Delaware County. Delaware Township, Orange Township.
Erie County. The entire county, excluding Kelleys Island.
Fulton County. The entire county.
Hancock County. Allen Township, Cass Township, Pleasant Township,
Portage Township, and Washington Township.
Henry County. The entire county.
Huron County. Bronson Township, Clarksfield Township, Harland
Township, Lyme Township, Norwalk Township, Peru Township, Ridgefield
Township, Sherman Township, Townsend Township, and Wakeman Township.
Lorain County. Brownhelm Township, Camden Township, Henrietta
Township, and the City of Vermilion.
Lucas County. The entire county.
Ottawa County. The entire county, excluding Ballast, Green, Middle
Bass, North Bass, Rattlesnake, South Bass, Starve, and Sugar Islands.
Sandusky County. The entire county.
Williams County. The entire county.
[[Page 53]]
Wood County. The entire county.
[68 FR 59088, Oct. 8, 2003, as amended at 70 FR 252, Jan. 4, 2005; 70 FR
10316, Mar. 3, 2005; 70 FR 62231, Oct. 31, 2005; 71 FR 29764, May 24,
2006; 71 FR 57873, Oct. 2, 2006]
Sec. 301.53-4 Conditions governing the interstate movement of regulated
articles from quarantined areas.
Regulated articles may be moved interstate from a quarantined area
only if moved under the following conditions:
(a) With a certificate or limited permit issued and attached in
accordance with Sec. Sec. 301.53-5 and 301.53-8;
(b) Without a certificate or limited permit if:
(1) The regulated article is moved by the United States Department
of Agriculture for experimental or scientific purposes; or
(2) The regulated article originates outside the quarantined area
and is moved interstate through the quarantined area under the following
conditions:
(i) The points of origin and destination are indicated on a waybill
accompanying the regulated article; and
(ii) The regulated article, if moved through the quarantined area
during the period of May 1 through August 31 or when the ambient air
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or
is completely covered to prevent access by the EAB; and
(iii) The regulated article is moved directly 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 handled at locations approved by an inspector as not posing a
risk of infestation by emerald ash borer; and
(iv) The article has not been combined or commingled with other
articles so as to lose its individual identity.
Sec. 301.53-5 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 the 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 EAB, based on inspection; or the
article or
(ii) Has been grown, produced, manufactured, stored, or handled in a
manner that, in the judgment of the inspector, prevents the regulated
article from presenting a risk of spreading EAB; and
(2) Is to be moved in compliance with any additional emergency
conditions that the Administrator may impose under section 414 of the
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------
\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 423
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------
(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 emerald ash borer because
emerald ash borer will be destroyed by the specific processing,
handling, or utilization; and
(2) Is to be moved in compliance with any additional emergency
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
emerald ash borer; and
[[Page 54]]
(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. 301.53-6 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 canceled 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-6 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 provision 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, MD 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 compliance
agreement has been canceled 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-7 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. 301.53-5.
---------------------------------------------------------------------------
(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.
(Approved by the Office of Management and Budget under control number
0579-0233)
[[Page 55]]
Sec. 301.53-8 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 regulated article;
(2) The container carrying the regulated article; 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.
(Approved by the Office of Management and Budget under control number
0579-0233)
Sec. 301.53-9 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_Mexican Fruit Fly Quarantine and Regulations
Source: 48 FR 54580, Dec. 6, 1983, unless otherwise noted.
Sec. 301.64 Restrictions on interstate movement of regulated articles.
No person shall move any regulated article interstate from any
quarantined area except in accordance with this subpart.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 plant pests, including
live Mexican fruit flies, in interstate commerce are contained in part
330 of this chapter.
[70 FR 37253, June 29, 2005]
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.
Departmental permit. A document issued by the Administrator in which
he or she affirms that the 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. 301.64-4(c).
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.
Infestation. The presence of the Mexican fruit fly or the existence
of circumstances that make it reasonable to
[[Page 56]]
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.
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.64-3(c) or otherwise designated as a quarantined 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; 70 FR 37253, June 29, 2005]
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 57]]
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 Quarantined areas.
(a) Except as otherwise provided in paragraph (b) of this section,
the Deputy Administrator shall list as a quarantined area in paragraph
(c) of this section, each 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 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
State will be designated as a quarantined 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 quarantined
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 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. Written notice of such designation shall be given
to the owner or person in possession of such nonquarantined 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 quarantined areas:
Texas
Cameron County. The entire county.
Hidalgo County. The entire county.
Willacy County. The entire county.
[48 FR 54580, Dec. 6, 1983]
Editorial Note: For Federal Register citations affecting Sec.
301.64-3, see the List of CFR Sec. ions 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 quarantined areas.
Any regulated article may be moved interstate from a quarantined
area 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 Sec. Sec. 301.64-5 and 301.64-8;
(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 Mexican 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 clearly
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 normal traffic conditions,
such as traffic lights or stop signs; or
(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;
[[Page 58]]
(3) Under conditions specified on the departmental permit and found
by the Administrator to be adequate to prevent the spread of Mexican
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 the container.
(Approved by the Office of Management and Budget under control number
0579-0238)
[48 FR 54580, Dec. 6, 1983, as amended at 57 FR 522, Jan. 7, 1992; 70 FR
37254, June 29, 2005]
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 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
[[Page 59]]
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
local offices of the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine. Local offices are listed in telephone
directories, or on the Internet at http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(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; 70
FR 37254, June 29, 2005]
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), 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 on the Internet at
http://www.aphis.usda.gov/ppq/.
---------------------------------------------------------------------------
(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; 70
FR 37254, June 29, 2005]
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
[[Page 60]]
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 services of an 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.
[70 FR 37254, June 29, 2005]
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 part 305 of this chapter.
(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 part
305 of this chapter.
(e) Grapefruit, oranges, and tangerines. High-temperature forced air
in accordance with part 305 of this chapter.
(f) Citrons, litchis, longans, persimmons, and white sapotes. Cold
treatment in accordance with the following schedule, which is also found
in part 305 of this chapter:
------------------------------------------------------------------------
Treatment ([deg]F) Exposure period (days)
------------------------------------------------------------------------
33 or below.............................. 18
34 or below.............................. 20
35 or below.............................. 22
------------------------------------------------------------------------
(g) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of part 305 of this chapter, is approved
as a treatment for any fruit listed as a regulated article in Sec.
301.64-2(a).
(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 150 Gray (15 krad) to the fruit; \8\
---------------------------------------------------------------------------
\8\ The maximum absorbed ionizing radiation dose and the irradiation
of food are 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 fruit, except that
[[Page 61]]
fruit 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. 301.64-6; 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 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(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 150 Gray (15 krad).\11\
---------------------------------------------------------------------------
\11\ See footnote 8.
---------------------------------------------------------------------------
(5) Dosimetry systems. (i) Dosimetry mapping must indicate the dose
needed to ensure the fruit will receive the minimum dose prescribed.
(ii) Absorbed dose must be measured using an accurate dosimetry
system that ensures that the absorbed dose meets or exceeds 150 Gray (15
krad).
(iii) 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.\12\
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
(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,
[[Page 62]]
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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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 (g)(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 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 Mexican fruit fly. From
the literature available, the fruits 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.
(Approved by the Office of Management and Budget under control number
0579-0088)
[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; 68 FR 8819, Feb.
26, 2003; 70 FR 33268, June 7, 2005; 70 FR 37254, June 29, 2005; 71 FR
4459, Jan. 27, 2006]
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
[[Page 63]]
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 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
[[Page 64]]
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 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. Owners of commercial
stone fruit orchards are 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).
(i) Direct marketers. Orchard owners eligible for compensation under
this paragraph who market all fruit they produce under the conditions
described in this paragraph may receive compensation at the rates
specified in paragraph (b)(1)(i) of this section. In order to be
eligible to receive compensation at the rates specified in paragraph
(b)(1)(i) of this section, orchard owners must have marketed fruit
produced in orchards subsequently destroyed because of plum pox under
the following conditions:
(A) The fruit must have been sold exclusively at farmers markets or
similar outlets that require orchard owners to sell only fruit that they
produce;
(B) The fruit must not have been marketed wholesale or at reduced
prices in bulk to supermarkets or other retail outlets;
(C) The fruit must have been marketed directly to consumers; and
(D) Orchard owners must have records documenting that they have met
the requirements of this section, and must submit those records to APHIS
as part of their application submitted in accordance with paragraph (c)
of this section.
[[Page 65]]
(ii) All other orchard owners. Orchard owners eligible for
compensation under this paragraph who do not meet the requirements of
paragraph (a)(1)(i) of this section are eligible for compensation only
in accordance with paragraph (b)(1)(ii) of this section.
(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--(i) Direct marketers.
Owners of commercial stone fruit orchards who APHIS has determined meet
the eligibility requirements of paragraph (a)(1)(i) of this section will
be compensated according to the following table 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 ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 9,584 1,710 1,520
2.......................................................... 13,761 1,710 1,520
3.......................................................... 17,585 1,710 1,520
4.......................................................... 21,888 1,710 1,520
5.......................................................... 25,150 1,710 1,520
6.......................................................... 25,747 1,710 1,520
7.......................................................... 25,859 1,710 1,520
8.......................................................... 25,426 1,710 1,520
9.......................................................... 24,938 1,710 1,520
10......................................................... 24,390 1,710 1,520
11......................................................... 23,774 1,710 1,520
12......................................................... 23,080 1,710 1,520
13......................................................... 22,300 1,710 1,520
14......................................................... 21,422 1,710 1,520
15......................................................... 20,434 1,710 1,520
16......................................................... 19,323 1,710 1,520
17......................................................... 18,185 1,710 1,520
18......................................................... 17,017 1,710 1,520
19......................................................... 15,814 1,710 1,520
20......................................................... 14,572 1,710 1,520
21......................................................... 13,287 1,710 1,520
22......................................................... 12,066 1,710 1,520
23......................................................... 10,915 1,710 1,520
24......................................................... 9,620 1,710 1,520
25......................................................... 8,163 1,710 1,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
(ii) All other orchard owners. Owners of commercial stone fruit
orchards who meet the eligibility requirements of paragraph (a)(1)(ii)
of this section will be compensated according to the following table 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
[[Page 66]]
does not exceed 100 percent of the loss in value.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum compensation rate ($/ Maximum additional Maximum additional
acre, equal to 85% of loss compensation ($/acre, equal compensation ($/acre, equal
Age of trees (years) in value) based on 3-year to 85% of loss in value) for to 85% of loss in value) for
fallow period 4th fallow year 5th fallow year
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 1................................................ $2,403 $828 $736
1.......................................................... 4,805 828 736
2.......................................................... 7,394 828 736
3.......................................................... 9,429 828 736
4.......................................................... 12,268 828 736
5.......................................................... 14,505 828 736
6.......................................................... 14,918 828 736
7.......................................................... 15,000 828 736
8.......................................................... 14,709 828 736
9.......................................................... 14,383 828 736
10......................................................... 14,015 828 736
11......................................................... 13,601 828 736
12......................................................... 13,136 828 736
13......................................................... 12,613 828 736
14......................................................... 12,024 828 736
15......................................................... 11,361 828 736
16......................................................... 10,616 828 736
17......................................................... 9,854 828 736
18......................................................... 9,073 828 736
19......................................................... 8,272 828 736
20......................................................... 7,446 828 736
21......................................................... 6,594 828 736
22......................................................... 5,789 828 736
23......................................................... 5,035 828 736
24......................................................... 4,341 828 736
25......................................................... 3,713 828 736
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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) Sec. nd 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 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
[[Page 67]]
stock. Claims must be submitted as follows:
(1) Claims by owners of stone fruit orchards who are direct
marketers. The completed application must be accompanied by:
(i) A copy of the emergency action notification ordering the
destruction of the trees and its accompanying inventory that describes
the acreage and ages of trees removed;
(ii) Documentation verifying that the destruction of trees has been
completed and the date of that destruction; and
(iii) Records documenting that the grower meets the eligibility
requirements of paragraph (a)(1)(i) of this section.
(2) Claims by owners of commercial stone fruit orchards who are not
direct marketers. The completed application must be accompanied by a
copy of the emergency action notification 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.
(3) 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. Trees of susceptible Prunus species (i.e., Prunus
species identified as regulated articles) may not be replanted on
premises within a contiguous quarantined area until 3 years from the
date the last trees within that area were destroyed because of plum pox
pursuant to an emergency action notification issued by APHIS.
(Approved by the Office of Management and Budget under control numbers
0579-0159 and 0579-0251)
[65 FR 55435, Sept. 14, 2000, as amended at 69 FR 30816, June 1, 2004]
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.
Budded citrus nursery stock. Liners or rootstock citrus plants that
have been grafted with a portion of a stem or branch with a vegetative
bud (also known as budwood) that are maintained 1 month after grafting
or until the plant reaches marketability.
Budded container/greenhouse grown citrus plants. Individual, budded
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
Budded field grown citrus plants. Individual, budded citrus nursery
stock maintained in the fields until it is sold for commercial use.
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.
Certified citrus nursery stock. Citrus nursery stock, such as trees
or plants, grown at a nursery that is in compliance with State
certification requirements and approved for producing citrus nursery
stock for commercial sale.
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 nursery. An establishment engaged in, but not
limited to, the production of certified citrus nursery stock, including
plants for
[[Page 68]]
planting or replanting in commercial groves or for wholesale or retail
sales.
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 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.
Liner or rootstock. Culled seedlings in the growing stage prior to
the budding process.
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.
Seedlings. Certified citrus seeds densely planted in seed beds and
allowed to germinate and grow until their viability as liners or
rootstock can be assessed.
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,
[[Page 69]]
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; 71 FR 33172,
June 8, 2006]
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 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: The State of Florida.
(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
quarantined area that are at least as stringent as those on the
interstate movement of regulated articles from the quarantined 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
[[Page 70]]
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.
(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.
(3) Inspections. (i) 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, between May 1 through December 31, by an inspector.
(ii) In the quarantined area, every regulated plant and regulated
tree at
[[Page 71]]
every nursery containing regulated plants or regulated trees is
inspected for citrus canker by an inspector at intervals of no more than
45 days.
(4) 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 premises to provide these services
must be treated in accordance with Sec. 301.75-11(c) of this subpart
upon leaving the grove or premises.
(5) 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.
(6) Interstate movement of regulated fruit. When less than an entire
State is designated as a quarantined area, regulated fruit produced in a
quarantined area may be moved interstate in accordance with Sec.
301.75-7(a) provided the following additional conditions are met:
(i) 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:
(A) The stage of maturity of the exposed plant at the time of
exposure and the size and degree of infestation to which the plants were
exposed,
(B) The proximity of exposed plants to infected plants or
contaminated articles at the time of exposure, and
(C) The length of time the plants were exposed.
(ii) [Reserved]
[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; 69 FR 55317, Sept. 14, 2004; 70
FR 9209, Feb. 25, 2005; 70 FR 33268, June 7, 2005; 71 FR 43351, Aug. 1,
2006]
Sec. 301.75-5 Commercial citrus-producing areas.
(a) The following are designated as commercial citrus-producing
areas:
American Samoa
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 72]]
Sec. 301.75-6 Interstate movement of regulated articles from a
quarantined area, general requirements.
Regulated articles 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:
(a) Inspections. (1) 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.
(2) 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 must be treated
in accordance with Sec. 301.75-11(d) upon leaving the grove. All
personnel who enter the grove or premises to provide these services must
be treated in accordance with Sec. 301.75-11(c) upon leaving the grove.
(b) Regulated plants and trees produced in a nursery located in a
quarantined area that are not eligible for movement under paragraph (a)
of this section may be moved interstate only for immediate export. The
regulated plants and trees must be accompanied by a limited permit
issued in accordance with Sec. 301.75-12 and must be moved in a
container sealed by APHIS directly to the port of export in accordance
with the conditions of the limited permit.
[71 FR 43351, Aug. 1, 2006]
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) No more than 30 days before the beginning of harvest, every tree
was inspected by an inspector and the grove was found free of citrus
canker. Further, in groves producing limes, every tree was inspected by
an inspector and the grove was found free of citrus canker every 120
days or less thereafter for as long as harvest continued.
(3) The regulated fruit was treated in accordance with Sec. 301.75-
11(a) of this subpart.
(4) 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.
(5) The regulated fruit is accompanied by a limited permit issued in
accordance with Sec. 301.75-12. The boxes or other containers in which
the fruit is packaged must be clearly marked with the statement ``Not
for distribution in AZ, CA, HI, LA, TX, and American Samoa, Guam,
Northern Mariana Islands, Puerto Rico, and Virgin Islands of the United
States.''
(b) Regulated fruit produced in a quarantined area that is not
eligible for movement under paragraph (a) of this section may be moved
interstate only for immediate export. The regulated fruit must be
accompanied by a limited permit issued in accordance with Sec. 301.75-
12 and must be moved in a container sealed by APHIS directly to the port
of export in accordance with the conditions of the limited permit.
(c) 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
[[Page 73]]
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;
71 FR 43352, Aug. 1, 2006]
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:
(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
[[Page 74]]
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 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
[[Page 75]]
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 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]
[[Page 76]]
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 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
[[Page 77]]
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 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 acreage, number, and the variety of trees
removed. Your completed application must be sent to the USDA Citrus
Canker Eradication Program, 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; 71 FR 33172,
June 8, 2006]
Sec. 301.75-17 Funds for the replacement of certified citrus nursery stock.
Subject to the availability of appropriated funds, a commercial
citrus nursery may be eligible to receive funds to replace certified
citrus nursery stock in accordance with the provisions of this section.
(a) Eligibility. A commercial citrus nursery may be eligible to
receive funds to replace certified citrus nursery stock removed to
control citrus canker if the nursery stock was removed pursuant to a
public order after September 30, 2001, and before January 10, 2006.
(b) Certified citrus nursery stock payments. A commercial citrus
nursery that is eligible under paragraph (a) of this section to receive
funds to replace certified citrus nursery stock will, upon approval of
an application submitted in accordance with paragraph (c) of this
section, receive a payment calculated using the following rates:
------------------------------------------------------------------------
Type of certified nursery stock Payment (dollars)
------------------------------------------------------------------------
Seedlings............................. 0.18/plant.
Liners or rootstock................... 1.50/plant.
Budded field grown citrus plants...... 4.00/plant.
Budded container/greenhouse citrus 4.50/plant.
plants.
Citrus nursery stock in containers for
wholesale or retail sale:
1 gallon............................ 5.00/container.
3 gallon............................ 10.00/container.
5 gallon............................ 15.00/container.
7 gallon............................ 20.00/container.
Larger than 7 gallon................ 26.00/container.
------------------------------------------------------------------------
(c) How to apply for certified nursery stock replacement funds. The
form necessary to apply for funds to replace certified nursery stock may
be obtained
[[Page 78]]
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
type of the certified nursery stock removed. If the certified nursery
stock was planted in pots, the inventory should specify the size of the
container. If the certified nursery stock was bare root plants or in a
temporary container, the inventory should specify whether the plant was
non-budded or budded. The completed application must be sent to the USDA
Citrus Canker Eradication Program, Attn: Commercial Compensation, 10300
Sunset Dr., Suite 150, Miami, FL 33173. Claims for certified nursery
stock must be received by August 7, 2006.
[71 FR 33172, June 8, 2006]
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]
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
[[Page 79]]
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
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]
[[Page 80]]
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 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
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 Sec. ions 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 Sec. Sec. 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.
[[Page 81]]
(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
(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
[[Page 82]]
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.
---------------------------------------------------------------------------
(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
[[Page 83]]
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 part 305 of this chapter to destroy
Mediterranean fruit fly are authorized for use on regulated articles.
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. (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/m\3\ (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/m\3\ (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 part 305 of this chapter, 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,
[[Page 84]]
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 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, Center for Plant Health Science and Technology, 1017 Main
Campus Drive, suite 2500, Raleigh, NC 27606.
---------------------------------------------------------------------------
(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,
[[Page 85]]
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,
Center for Plant Health Science and Technology, 1017 Main Campus Drive,
suite 2500, Raleigh, NC 27606. 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 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 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 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. 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.
(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
[[Page 86]]
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; 70 FR 33268, June 7,
2005; 71 FR 4459, Jan. 27, 2006; 71 FR 7395, Feb. 13, 2006]
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 Sec. etary 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 Sec. etary 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.
(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.
[[Page 87]]
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 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
[[Page 88]]
Quarantine'' and the ``Fumigation Procedures Manual'' and any amendments
thereto. \1\
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\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.
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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 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]
[[Page 89]]
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 Hardison, H.B., farm located on a field road 0.25 mile northwest
of its intersection with State Sec. ndary Road 1719 and 0.2 mile west of
its intersection with State Sec. ndary Road 1797.
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
Sec. ndary Road 1722 and 0.2 mile west of its intersection with U.S.
Highway 301.
The Lovick, Eugene, farm located on the north side of State
Sec. ndary Road 1732 and 0.9 mile west of its junction with U.S. Highway
301.
The McLaurin, George, farm located on the north side of State
Sec. ndary Road 1722 and 0.4 mile west of its intersection with U.S.
Highway 301.
Pender County. The Hardie, George, farm located along a private
drive on the southeast side of State Sec. ndary Road 1104, 0.3 mile north
of its intersection with State Sec. ndary Road 1103.
The Peterson, Grady, farm located along a private drive on the
southeast side of State Sec. ndary Road 1104, 0.3 mile north of its
intersection with State Sec. ndary Road 1103.
The Zibelin, John, farm located 0.5 mile east of State Sec. ndary
Road 1105, 1.2 miles south of its intersection with State Sec. ndary Road
1104.
Robeson County. That area south of a line beginning at the
intersection of State Highway 211 with the Robeson-Bladen County line,
then west to its intersection with the Robeson-Hoke County line.
The Biggs, Furman, farm located on the west side of State Sec. ndary
Road 1956, 0.3 mile southeast of its intersection with State Sec. ndary
Road 1959.
The Blanks, Donnie, farm located on the west side of State Sec. ndary
Road 1761, 0.3 mile north of its junction with State Sec. ndary Road
1758.
The Britt, R.B., farm located on both sides of State Sec. ndary Road
1765, 0.2 mile southeast of its junction with State Sec. ndary Road 1758.
The Burnett, C.C., farm located on the north side of State Sec. ndary
Road 1757, 0.2 mile northeast of its junction with State Road 1001.
The McMillan, J.P., farm located on both sides of State Sec. ndary
Road 1770, 1.25 miles north of its junction with State Highway 211.
The McNair Investment farm located on the north side of State
Sec. ndary Road 1764, 1.5 miles west of its intersection with State
Sec. ndary Road 1762.
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.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Horry County. That area bounded by a line beginning at a point where
U.S. Highway 9 intersects the Horry-Marion County line, then east along
U.S. Highway 9 to State Sec. ndary Highway 19, then southeast along State
Sec. ndary Highway 19 to Lake Swamp, then southwest along Lake Swamp to
State Sec. ndary Highway 99, then south and southwest along State
Sec. ndary Highway 99 to U.S. Highway 501, then west along U.S. Highway
501 to the Little Pee Dee River, then north along the Little Pee Dee
River to the Lumber River, then north along the Lumber River to U.S.
Highway 9, the point of beginning.
The Adams, Lena J., farm located on the west side of State Highway
90, 1.2 miles west of its junction with the State Sec. ndary Road known
as Pint Circle.
The Chestnut, Alberta, farm located on the west side of State
Highway 90, 0.3 mile west of its junction with the State Sec. ndary Road
known as Pint Circle.
The James, Norman, farm located west of State Highway 90, 0.4 mile
west of its junction with an unpaved road known as Thompson Road.
The Jenerette, Miriam, farm located on the east side of State
Sec. ndary Road 23, 3.4 miles south of its junction with State Highway
917.
The Lewis, Lula, farm located on the west side of State Highway 90,
0.4 mile west of its
[[Page 90]]
junction with an unpaved road known as Livingston Lane and 0.1 mile east
of its junction with an unpaved road known as Beecher Lane.
The Livingston, Donnie, farm located on the east side of State
Highway 90, 0.5 mile southeast of its junction with the State Sec. ndary
Road known as Bombing Range Road, 0.6 mile southeast of its junction
with an unpaved road known as Dewitt Road, and 0.2 mile west of its
junction with an unpaved road known as Sand Hill Lane.
The Livingston, Pittman, farm located on the east side of State
Highway 90, 2.2 miles north of its junction with State Highway 22.
The Montgomery, Harry, farm located on the northwest side of State
Highway 76 in the Causey community, 2.2 miles northwest of its junction
with the State Sec. ndary Road known as Sand Trap Road, 3.7 miles
northeast of its junction with an unpaved road known as Causey Road, 0.1
mile northwest of its junction with an unpaved road known as Griffins
Landing, and 0.15 mile northeast of its junction with an unpaved road
known as Flat River Road.
The Permenter, Lucille, farm located on the east and west side of
State Highway 57 at Worthar Cutoff junction, 0.5 mile south of the North
Carolina/South Carolina State line.
The Stanley, Andrew, farm located on the east side of State Highway
90, 0.2 mile east of its junction with an unpaved road known as Andrew
Road.
The Todd, Don, farm located west of State Highway 90, 0.4 mile west
of its junction with an unpaved road known as Tilley Swamp Road.
The Vereen, Rufus C., farm located east of State Highway 90, 0.4
mile east of its junction with the State Sec. ndary Road known as Old
Chesterfield Road.
Marion County. The Brown, Lewis, farm located on the south side of
State Highway 76, 1.4 miles south of its junction with State Sec. ndary
Road 201.
The Fowler, Herbert, Estate, farm located east of State Highway 501,
1.4 miles northeast of its junction with an unpaved road known as
Bowling Green Road and 0.1 mile north of its junction with an unpaved
road known as Salem Road.
The Rowell, Molite, farm located on the west side of State Sec. ndary
Road 9, 0.2 mile west of its junction with an unpaved road known as
Molite Road.
The Taw Caw Plantation farm located on the south side of State
Highway 76, 1.3 miles south of its junction with an unpaved road known
as Bubba Road.
[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003]
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.
(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
[[Page 91]]
from any quarantined State under the following conditions:
(1) With certificate or permit issued and attached in accordance
with Sec. Sec. 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 Sec. Sec. 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 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
[[Page 92]]
(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 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
[[Page 93]]
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]
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.
[[Page 94]]
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;
(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]
[[Page 95]]
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.
Montgomery County. The entire county.
Nevada County. The entire county.
Ouachita County. The entire county.
Perry County. The entire county.
Pike County. The entire county.
Polk County. The entire county.
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
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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 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
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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. The entire county.
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. The entire county.
Cherokee County. That portion of the county lying south and west of
a line beginning at the intersection of the Cherokee/Clay County line
and the North Carolina/Georgia State line; then north to U.S. Highway
64; then northwest along the southern shoreline of Hiwassee Lake to the
Tennessee State line.
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/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.
Clay County. That portion of the county lying southwest of State
Highway 69 and the North Carolina/Georgia State line; then north along
Interstate 70 to its intersection with U.S. Highway 64; then west along
U.S. Highway 64 to the Clay/Cherokee County boundary.
Cleveland County. The entire county.
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.
Durham County. That portion of the county lying south of Interstate
85.
Edgecombe County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S.
Highway
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64 Alternate; then west on U.S. Highway 64 Alternate to County Route
1252; then west of this northerly line to County Route 1408; then west
on County Route 1408 to County Route 1407; then south on County Route
1407 to the Edgecombe/Nash County line.
Gaston County. The entire county.
Greene County. The entire county.
Harnett County. The entire county.
Hertford County. That portion of the county lying south and east of
a line beginning at the intersection of State Highway 11 and the Bertie/
Hertford county line; then northeast on State Highway 11 to the U.S.
Highway 13 Bypass; then northeast on U.S. Highway 13 to the Hertford/
Gates County line.
Hoke County. The entire county.
Hyde County. The entire county.
Johnston County. The entire county.
Jones County. The entire county.
Lee County. The entire county.
Lenoir County. The entire county.
Martin County. That portion of the county lying south of a line
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
Mecklenburg County. The entire county.
Montgomery County. The entire county.
Moore County. The entire county.
Nash County. That portion of the county lying south and east of the
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95;
then north on Interstate 95 to State Highway 4; then east on State
Highway 4 to U.S. Highway 301; then east along a straight line from the
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
New Hanover County. The entire county.
Onslow County. The entire county.
Orange County. The portion of the county that lies south of
Interstate 85.
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.
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.
Polk County. The entire county.
Randolph County. That portion of the county lying south of the line
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64;
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
Richmond County. The entire county.
Robeson County. The entire county.
Sampson County. The entire county.
Scotland County. The entire county.
Stanly County. The entire county.
Tyrrell County. The entire county.
Union County. The entire county.
Wake County. The entire county.
Washington County. The entire county.
Wayne County. The entire county.
Wilson County. The entire county.
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. The entire county.
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 bordered by a line
beginning at the intersection of the Spartanburg/Cherokee County line
and State Sec. ndary Highway 36; then northeast on State Sec. ndary
Highway 36 to the South Carolina/North Carolina State line; then east
along the State line to the Cherokee/York County line; then south along
the Cherokee/York County line to the
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Cherokee/Union County line; then northwest on the Cherokee/Union 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.
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 bordered by a line
beginning at the intersection of the Greenville/Spartanburg County line
and State Sec. ndary Highway 277; then northwest on State Sec. ndary
Highway 277 to State Sec. ndary Highway 560; then east on State Highway
11 to the unpaved county road--then north on the unpaved county road to
secondary system road--unpaved 118; then northeast on secondary system
road-unpaved 118 to the South Carolina/North Carolina State line; then
west along the South Carolina/North Carolina State line to the
Greenville/Pickens County line; then south along the Greenville/Pickens
County line to the Greenville/Laurens County line; then northeast along
the Greenville/Laurens 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. The entire county.
Orangeburg County. The entire county.
Pickens County. The entire county.
Richland County. The entire county.
Saluda County. The entire county.
Spartanburg County. That portion of the county bordered by a line
beginning at the intersection of the Spartanburg/Greenville County line
and State Sec. ndary Highway 75; then northeast on State Sec. ndary
Highway 75 to State Sec. ndary Highway 127 in the town of Gramling; then
northeast on State Sec. ndary Highway 127 to State Sec. ndary Highway 37;
then north on State Sec. ndary Highway 37 to State Highway 11; then east
on State Highway 11 to State Sec. ndary Highway 943; then east on paved
county road to State Sec. ndary Highway 42; then southeast on State
Sec. ndary Highway 42 to State Sec. ndary Highway 132; then northeast on
State Sec. ndary Highway 132 to State Sec. ndary Highway 58; then south on
State Sec. ndary Highway 58 to State Sec. ndary Highway 187; then east on
State Highway 11 to the Spartanburg/Cherokee County line; then south
along the Spartanburg/Cherokee County line to the Spartanburg/Laurens
County line; then north along the Spartanburg/Laurens 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
Anderson County. That portion of the county lying south of a line
beginning at the intersection of the Roane/Anderson County line and
Tennessee Highway 95; then northeast on Tennessee Highway 95 to
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the
Anderson/Knox County line.
Bedford County. That portion of the county lying south of a line
beginning at the intersection of the Marshall/Bedford County line and
Tennessee Highway 270; then southeast on Tennessee Highway 270 to U.S.
Highway 41A; then northwest on U.S. Highway 41A to Hickory Hill Road;
then east on Hickory Hill Road to Parson Road; then north on Parson Road
to Nashville Dirt Road; then northwest on Nashville Dirt Road to
Unionville-Deason Road; then east on Unionville-Deason Road to Edd Joyce
Road; then east on Edd Joyce Road to Coop Road; then southeast on Coop
Road to Tennessee Highway 82; then east on Tennessee Highway 82 to
Tennessee Highway 269; then south on Tennessee Highway 269 to Tennessee
Highway 64; then northeast on Tennessee Highway 64 to Knob Creek Road;
then east on Knob Creek Road to the Bedford/Coffee County line.
Benton County. That portion of the county lying south of a line
beginning at the intersection of the Carroll/Benton County line and U.S.
Highway 70; then east on U.S. Highway 70 to U.S. Highway 641; then south
on U.S. Highway 641 to Shiloh Church Road; then northeast on Shiloh
Church Road to Tennessee Highway 191; then northwest on Tennessee
Highway 191 to the line of latitude 36[deg] N; then east along the line
of latitude 36[deg] N to the Benton/Humphreys County line.
Bledsoe County. That portion of the county lying south of a line
beginning at the intersection of the Van Buren/Bledsoe County line and
Tennessee Highway 285; then southeast on Tennessee Highway 285 to
Bellview Road; then northeast on Bellview Road to Big Spring Gap Road;
then southeast on Big Spring Gap Road to Old State Highway 28; then
northeast on Old State Highway 28 to the Bledsoe/Cumberland County line.
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Blount County. That portion of the county lying south of a line
beginning at the intersection of the Knox/Blount County line and U.S.
Highway 129; then south on U.S. Highway 129 to U.S. Highway 321; then
east on U.S. Highway 321 to the Blount/Sevier County line.
Bradley County. The entire county.
Carroll County. That portion of the county lying southeast of a line
beginning at the intersection of the Gibson/Carroll County line and U.S.
Highway 79/70A; then northeast on U.S. Highway 79/70A to U.S. Highway
79; then northeast on U.S. Highway 79 to Big Buck Road; then east on Big
Buck Road to Tennessee Highway 436; then north on Tennessee Highway 436
to Thompson Road; then east on Thompson Road to Tennessee Highway 22;
then southeast on Tennessee Highway 22 to Tennessee Highway 364
(Huntingdon Bypass); then east on Tennessee Highway 364 to U.S. Highway
70, then east on U.S. Highway 70 to the Carroll/Benton County line.
Chester County. The entire county.
Coffee County. That portion of the county lying south of a line
beginning at the intersection of the Bedford/Coffee County line and
Sixteenth Model Road; then east on Sixteenth Model Road to U.S. Highway
41; then northwest on U.S. Highway 41 to Interstate 24; then southeast
on Interstate 24 to Tennessee Highway 55; then northeast on Tennessee
Highway 55 to Ragsdale Road; then south on Ragsdale Road to New Bushy
Branch Road; then southeast on New Bushy Branch Road to Cornelison Road;
then east on Cornelison Road to Clifton Scott Road; then south on
Clifton Scott Road to Asbury Road; then east on Asbury Road to Benson
Road; then southeast on Benson Road to Buck Jones Road; then south on
Buck Jones Road to Old Airport Road; then southwest on Old Airport Road
to U.S. Highway 41; then southeast on U.S. Highway 41 to Bailey Road;
then east on Bailey Road to Lusk Cove Road; then northeast on Lusk Cove
Road to the line of latitude 35[deg]25[min] N.; then east along the line
of latitude 35[deg]25[min] N. to the Coffee/Grundy County line.
Cumberland County. That portion of the county lying southeast of a
line beginning at the intersection of the Rhea/Cumberland County line
and Tennessee Highway 68; then northwest on Tennessee Highway 68 to Cox
Valley Road; then northeast on Cox Valley road to U.S. Highway 70; then
east on U.S. Highway 70 to Market Street (in Crab Orchard); then north
on Market Street to Main Street; then west on Main Street to Chestnut
Hill Road; then north on Chestnut Hill Road to the line of latitude
35[deg]56[min] N; then east along the line of latitude 35[deg]56[min] N
to the Cumberland/Morgan County line.
Davidson County. That portion of the county lying southeast of a
line beginning at the intersection of the Williamson/Davidson County
line and U.S. Highway 431; then northeast on U.S. Highway 431 to
Tennessee Highway 254; then east on Tennessee Highway 254 to U S.
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee Highway
255; then northeast on Tennessee Highway 255 to Interstate 40; then east
on Interstate 40 to the Davidson/Wilson County line.
Decatur County. The entire county.
Fayette County. The entire county.
Franklin County. The entire county.
Gibson County. That portion of the county lying southeast of a line
beginning at the intersection of the Madison/Gibson County line and U.S.
Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45
Bypass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to
U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to the
Gibson/Carroll County line.
Giles County. The entire county.
Grundy County. That portion of the county lying southeast of a line
beginning at the intersection of the Coffee/Grundy County line and the
line of latitude 35[deg]25[min] N; then continuing east along the line
of latitude 35[deg]25[min] N to Deer Run road; then north on Deer Run
Road to Cabbage Patch Road; then east on Cabbage Patch Road to Tennessee
Highway 108; then southeast on Tennessee Highway 108 to Tennessee
Highway 56; then north on Tennessee Highway 56 to the Grundy/Warren
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 a line
beginning at the intersection of the Tipton/Haywood County line and
Tennessee Highway 54; then east on Tennessee Highway 54 to U.S. Highway
70; then east on U.S. Highway 70 to Interstate 40; then northeast on
Interstate 40 to the Haywood/Madison County line.
Henderson County. The entire county.
Hickman County. That portion of the county lying south of a line
beginning at the intersection of the Humphreys/Hickman County line and
Interstate 40; then northeast on Interstate 40 to Tennessee Highway 230;
then east on Tennessee Highway 230 to Tennessee Highway 48; then
southeast on Tennessee Highway 48 to Tennessee Highway 100; then
northeast on Tennessee Highway 100 to Tennessee Highway 230; then south
on Tennessee Highway 230 to Tennessee Highway 50; then southeast on
Tennessee Highway 50 to the Hickman/Maury County Line.
Humphreys County. That portion of the county lying south of a line
beginning at the intersection of the Benton/Humphreys County line and
the line of latitude 36[deg]; then continuing east along the line of
latitude 36[deg] to Forks River Road; then south on Forks River Road to
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway
13; then south on Tennessee Highway 13 to
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Interstate 40; then east on Interstate 40 to the Humphreys/Hickman
County line.
Knox County. That portion of the county lying south of a line
beginning at the intersection of the Anderson/Knox County line and
Tennessee Highway 62; then east on Tennessee Highway 62 to Tennessee
Highway 131; then south on Tennessee Highway 131 to Middlebrook Pike;
then southeast on Middlebrook Pike to North Cedar Bluff Road; then south
on North Cedar Bluff Road to U.S. Highway 70; then northeast on U.S.
Highway 70 to U.S. Highway 129; then south on U.S. Highway 129 to the
Knox/Blount County line.
Lawrence County. The entire county.
Lewis County. The entire county.
Lincoln County. The entire county.
Loudon County. The entire county.
Madison County. The entire county.
Marion County. The entire county.
Marshall County. That portion of the county lying south of a line
beginning at the intersection of the Maury/Marshall County line and
Moses Road; then northeast on Moses Road to Wilson School Road; then
southeast on Wilson School Road to Lunns Store Road; then south on Lunns
Store Road to Tennessee Highway 99; then east on Tennessee Highway 99 to
U.S. Highway 31A; then south on U.S. Highway 31A to James Shaw Road;
then south on James Shaw Road to Clay Hill Road; then east on Clay Hill
Road to Warner Road; then south on Warner Road to Batten Road; then
southeast on Batten Road to the Marshall/Bedford County line.
Maury County. That portion of the county lying south of a line
beginning at the intersection of the Hickman/Maury County line and Jones
Valley Road; then east on Jones Valley Road to Leipers Creek Road; then
south on Leipers Creek Road to Tennessee Highway 247; then northeast on
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee
Highway 246 to the Maury/Williamson County line.
McMinn County. The entire county.
McNairy County. The entire county.
Meigs County. The entire county.
Monroe County. The entire county.
Moore County. The entire county.
Perry County. The entire county.
Polk County. The entire county.
Rhea County. The entire county.
Roane County. The entire county.
Rutherford County. That portion of the county lying northwest of a
line beginning at the intersection of the Williamson/Rutherford County
line and Rocky Fork Road; then northeast on Rocky Fork Road to Old
Nashville Highway; then southeast on Old Nashville Highway to Tennessee
Highway 102; then northeast on Tennessee Highway 102 to Weakley Lane;
then north on Weakley Lane to Couchville Pike; then northwest on
Couchville Pike to Corinth Road; then north on Corinth Road to the
Rutherford/Wilson County line.
Sequatchie County. The entire county.
Shelby County. The entire county.
Tipton County. That portion of the county lying south of a line
beginning at the intersection of the Shelby/Tipton County line and
Tennessee Highway 14; then northeast on Tennessee Highway 14 to
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the
Tipton/Haywood County line.
Van Buren County. That portion of the county lying south of
Tennessee Highway 30.
Wayne County. The entire county.
Williamson County. That portion of the county lying northeast of a
line beginning at the intersection of the Davidson/Williamson County
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S.
Highway Business 431; then southeast on U.S. Highway Business 431 to
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft
Road; then northeast on Clovercroft Road to Wilson Pike; then north on
Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to
Rocky Fork Road; then east on Rocky Fork Road to the Williamson/
Rutherford County line.
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.
[[Page 102]]
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.
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.
[[Page 103]]
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; 68 FR 5795, Feb. 5, 2003; 69 FR 23416, Apr. 29, 2004; 70
FR 45524, Aug. 8, 2005; 71 FR 42247, July 26, 2006]
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 Sec. Sec. 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 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 part 305 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; 70 FR 33268, June 7,
2005]
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)
[[Page 104]]
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
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
[[Page 105]]
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
(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 (Sec. ion 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])
Methoprene (Extinguish [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;
[[Page 106]]
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.
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.
[[Page 107]]
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 agricultural wetting agent such as Ortho-77
[reg], Tronic [reg], Tecowet [reg],
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
[[Page 108]]
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 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
[reg]), fenoxycarb (AWARD [reg]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
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.
[[Page 109]]
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.
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]), pyriproxyfen
(Distance [reg]), or methoprene (Extinguish [reg])
fire ant bait.
Dosage: Fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [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 [reg]), hydramethylnon
(AMDRO [reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg]), hydramethylnon (AMDRO
[reg]), or pyriproxyfen (Distance [reg])
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
[[Page 110]]
fenoxycarb (AWARD [reg]), hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]), is capable of providing a
residual barrier against reinfestation by new queens. Therefore, the
fenoxycarb (AWARD [reg]) hydramethylnon (AMDRO
[reg]), pyriproxyfen (Distance [reg]), or
methoprene (Extinguish [reg]) 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 [reg] Diazinon AG-500 and D-
z-n [reg] 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).
------------------------------------------------------------------------
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).
[[Page 111]]
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.
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; 68 FR 59308, Oct. 15, 2003]
Subpart--Unshu Oranges [Reserved]
Subpart_Golden Nematode
Source: 37 FR 24330, Nov. 16, 1972, unless otherwise noted.
Quarantine and Regulations