[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2019 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]


          Title 7

Agriculture


________________________

Parts 300 to 399

                         Revised as of January 1, 2019

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2019
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



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

  Title 7:
    SUBTITLE B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter III--Animal and Plant Health Inspection 
          Service, Department of Agriculture                         5
  Finding Aids:
      Table of CFR Titles and Chapters........................     461
      Alphabetical List of Agencies Appearing in the CFR......     481
      List of CFR Sections Affected...........................     491

[[Page iv]]





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

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

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

[[Page v]]



                               EXPLANATION

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

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

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

LEGAL STATUS

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

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2019), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

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

OMB CONTROL NUMBERS

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

[[Page vi]]

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

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, 
or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.

[[Page vii]]

    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
20740-6001 or e-mail [email protected].

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CFR Sections Affected), The United States Government Manual, the Federal 
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information. Connect to NARA's web site at www.archives.gov/federal-
register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
of CFR material and Federal Register amendments, produced by the Office 
of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    January 1, 2019







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: Parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2019.

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

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[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..........................         170
305             Phytosanitary treatments....................         170
318             State of Hawaii and territories quarantine 
                    notices.................................         186
319             Foreign quarantine notices..................         205
322             Bees, beekeeping byproducts, and beekeeping 
                    equipment...............................         293
330             Federal plant pest regulations; general; 
                    plant pests; soil, stone, and quarry 
                    products; garbage.......................         307
331             Possession, use, and transfer of select 
                    agents and toxins.......................         326
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.............................         341
351             Importation of plants or plant products by 
                    mail....................................         359
352             Plant quarantine safeguard regulations......         361
353             Export certification........................         373
354             Overtime services relating to imports and 
                    exports; and user fees..................         384
355             Endangered species regulations concerning 
                    terrestrial plants......................         409
356             Forfeiture procedures.......................         416
357             Control of illegally taken plants...........         420
360             Noxious weed regulations....................         421
361             Importation of seed and screenings under the 
                    Federal Seed Act........................         428
370             Freedom of information......................         445
371             Organization, functions, and delegations of 
                    authority...............................         446

[[Page 6]]

372             National Environmental Policy Act 
                    implementing procedures.................         452
380             Rules of practice governing proceedings 
                    under certain acts......................         458
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_Preemption and Special Need Requests

Sec.
301.1 Purpose and scope.
301.1-1 Definitions.
301.1-2 Criteria for special need requests.
301.1-3 Action on special need requests.

                 Subpart_Imported Plants and Plant Parts

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

                           Subpart_Fruit Flies

301.32 Restrictions on interstate movement of regulated articles.
301.32-1 Definitions.
301.32-2 Regulated articles.
301.32-3 Quarantined areas.
301.32-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.32-5 Issuance and cancellation of certificates and limited permits.
301.32-6 Compliance agreements and cancellation.
301.32-7 Assembly and inspection of regulated articles.
301.32-8 Attachment and disposition of certificates and limited permits.
301.32-9 Costs and charges.
301.32-10 Treatments.

                         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.

[[Page 9]]

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.

                        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_South American Cactus Moth

301.55 Restrictions on interstate movement of regulated articles.
301.55-1 Definitions.
301.55-2 Regulated articles.
301.55-3 Quarantined areas.
301.55-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.55-5 Issuance and cancellation of certificates and limited permits.
301.55-6 Compliance agreements and cancellation.
301.55-7 Assembly and inspection of regulated articles.
301.55-8 Attachment and disposition of certificates and limited permits.
301.55-9 Costs and charges.

[[Page 10]]

                            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 nursery stock from a 
          quarantined area.
301.75-7 Interstate movement of regulated fruit from a quarantined area.
301.75-8 Interstate movement of regulated seed from a quarantined area.
301.75-9 Interstate movement of regulated articles from a quarantined 
          area for experimental or scientific purposes.
301.75-10 Interstate movement of regulated articles through a 
          quarantined area.
301.75-11 [Reserved]
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_Citrus Greening and Asian Citrus Psyllid

301.76 Restrictions on the interstate movement of regulated articles.
301.76-1 Definitions.
301.76-2 Regulated articles for Asian citrus psyllid and citrus 
          greening.
301.76-3 Quarantined areas; citrus greening and Asian citrus psyllid.
301.76-4 Labeling requirements for regulated nursery stock produced 
          within an area quarantined for citrus greening.
301.76-5 General conditions governing the issuance of any certificate or 
          limited permit; provisions for cancellation of a certificate 
          or limited permit.
301.76-6 Additional conditions for issuance of certificates and limited 
          permits for regulated articles moved interstate from areas 
          quarantined for Asian citrus psyllid, but not for citrus 
          greening.
301.76-7 Additional conditions for issuance of certificates and limited 
          permits for regulated articles moved interstate from areas 
          quarantined for citrus greening.
301.76-8 Compliance agreements and cancellation.
301.76-9 Inspection of regulated nursery stock.
301.76-10 Attachment and disposition of certificates and limited 
          permits.
301.76-11 Costs and charges.

                            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.
301.81-11 Imported fire ant detection, control, exclusion, and 
          enforcement program for nurseries producing containerized 
          plants.

Subpart--Unshu Oranges [Reserved]

[[Page 11]]

                         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_Pale Cyst Nematode

301.86 Restrictions on interstate movement of regulated articles.
301.86-1 Definitions.
301.86-2 Regulated articles.
301.86-3 Quarantined areas.
301.86-4 Conditions governing the interstate movement of regulated 
          articles from quarantined areas.
301.86-5 Issuance and cancellation of certificates and limited permits.
301.86-6 Compliance agreements and cancellation.
301.86-7 Assembly and inspection of regulated articles.
301.86-8 Attachment and disposition of certificates and limited permits.
301.86-9 Costs and charges.

                       Subpart_Sugarcane Diseases

                       Quarantine and Regulations

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

                           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.
301.89-13-14 [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 interstate movement.
301.92-1 Definitions.

[[Page 12]]

301.92-2 Restricted, regulated, and associated articles; lists of proven 
          hosts and associated plant taxa.
301.92-3 Quarantined and regulated areas.
301.92-4 Conditions governing the interstate movement of regulated, 
          restricted, and associated articles, and non-host nursery 
          stock from quarantined and regulated areas.
301.92-5 Issuance and cancellation of certificates.
301.92-6 Compliance agreements and cancellation.
301.92-7 Availability of inspectors; assembly for inspection.
301.92-8 Attachment and disposition of certificates and recordkeeping.
301.92-9 Costs and charges.
301.92-10 [Reserved]
301.92-11 Inspection and sampling protocols.
301.92-12 Testing protocols.

    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_Preemption and Special Need Requests

    Source: 73 FR 63064, Oct. 23, 2008, unless otherwise noted.



Sec.  301.1  Purpose and scope.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not impose prohibitions or 
restrictions upon the movement in interstate commerce of articles, means 
of conveyance, plants, plant products, biological control organisms, 
plant pests, or noxious weeds if the Secretary has issued a regulation 
or order to prevent the dissemination of the biological control 
organism, plant pest, or noxious weed within the United States. The only 
exceptions to this are:
    (1) If the prohibitions or restrictions issued by the State or 
political subdivision of a State are consistent with and do not exceed 
the regulations or orders issued by the Secretary, or
    (2) If the State or political subdivision of a State demonstrates to 
the Secretary and the Secretary finds that there is a special need for 
additional prohibitions or restrictions based on sound scientific data 
or a thorough risk assessment.
    (b) The regulations in this subpart provide for the submission and 
consideration of special need requests when a State or a political 
subdivision of a State seeks to impose prohibitions or restrictions on 
the movement in interstate commerce of articles, means of conveyance, 
plants, plant products, biological control organisms, plant pests, or 
noxious weeds that are in addition to the prohibitions or restrictions 
imposed by this part or by a Federal Order.



Sec.  301.1-1  Definitions.

    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 
Agriculture.
    Biological control organism. Any enemy, antagonist, or competitor 
used to control a plant pest or noxious weed.
    Interstate commerce. Trade, traffic, or other commerce
    (1) From one State into or through any other State or
    (2) Within the District of Columbia, Guam, the Virgin Islands of the 
United States, or any other territory or possession of the United 
States.
    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.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including nursery stock or 
plant products), livestock, poultry, or other interests of agriculture, 
irrigation, navigation, the natural resources of the United States, the 
public health or the environment.
    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 thereof, viruses, or any 
organisms similar to or allied with any of the foregoing, or any

[[Page 13]]

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.
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec.  301.1-2  Criteria for special need requests.

    (a) A special need request, as described in Sec.  301.1, may be 
generated by a State or a political subdivision of a State. If the 
request is generated by a political subdivision of a State, the request 
must be submitted to APHIS through the State. States may also 
collaborate with other States to submit multi-State special need 
requests. However, if submitted, the multi-State special need request 
must include information in sufficient detail to allow APHIS to analyze 
the impacts on each State on an individual basis. All special need 
requests must be signed by the executive official or officials or by a 
plant protection official or officials of the State(s) making the 
request and must contain the following:
    (1) Data drawn from a scientifically sound detection survey, showing 
that the biological control organism, noxious weed, or plant pest of 
concern does not exist in the State or political subdivision or, if 
already present in the State or political subdivision, the distribution 
of the biological control organism, noxious weed, or plant pest of 
concern;
    (2) If the biological control organism, noxious weed, or plant pest 
is not present in the State or political subdivision, a risk analysis or 
other scientific data showing that the biological control organism, 
noxious weed, or plant pest could enter the State or political 
subdivision and become established;
    (3) Specific information showing that, if introduced into or allowed 
to spread within the State or political subdivision, the biological 
control organism, noxious weed, or plant pest would harm or injure the 
environment or agricultural resources in the State or political 
subdivision. The request should contain detailed information, including 
quantitative estimates, if available, about what harm or injury would 
result from the introduction or dissemination of the biological control 
organism, noxious weed, or plant pest in the State or political 
subdivision;
    (4) Specific information showing that the State or political 
subdivision has characteristics that make it particularly vulnerable to 
the biological control organism, noxious weed, or plant pest, such as 
unique plants, diversity of flora, historical concerns, or any other 
special basis for the request for additional restrictions or 
prohibitions; and
    (5) Information detailing the proposed additional prohibitions or 
restrictions and scientific data demonstrating that the proposed 
additional prohibitions or restrictions are necessary and adequate, and 
that there is no less drastic action that is feasible and that would be 
adequate, to prevent the introduction or spread of the biological 
control organism, noxious weed, or plant pest in the State or political 
subdivision.
    (b) All special need requests must be submitted to the Deputy 
Administrator for Plant Protection and Quarantine, APHIS, USDA, Jamie L. 
Whitten Federal Building, 14th Street and Independence Avenue, SW., Room 
301-E, Washington, DC 20250.



Sec.  301.1-3  Action on special need requests.

    (a) Upon receipt of a complete special need request submitted in 
accordance with Sec.  301.1-2, APHIS will publish a notice in the 
Federal Register to inform the public of the special need request and to 
make the request and its supporting information available for review and 
comment for at least 60 days.
    (b) Following the close of the comment period, APHIS will publish 
another notice announcing the Administrator's decision to either grant 
or deny the special need request. The Administrator's determination will 
be based upon the evaluation of the information submitted by the State 
or political subdivision of a State in support of its request and would 
take into account any comments received.

[[Page 14]]

    (1) If the Administrator grants the special need request, the State 
or political subdivision of a State will be authorized to impose only 
the specific prohibitions or restrictions identified in the request and 
approved by APHIS. APHIS will coordinate with the State, or with the 
State on behalf of the political subdivision of the State, to ensure 
that the additional prohibitions or restrictions are in accord with the 
special need exception granted by the Administrator.
    (2) If the Administrator denies the special need request, the State 
or political subdivision of a State will be notified in writing of the 
reason for the denial and may submit any additional information the 
State or political subdivision of a State may have in order to request a 
reconsideration.
    (c) If granted, a special need exception will be applicable for 2 
years, at the end of which the State or political subdivision of a State 
must submit a request for renewal of the exception. A special need 
renewal request must address the same criteria as the initial request 
submitted under Sec.  301.1-2 and must show that a special need still 
exists that warrants the continuation of the special need exception. The 
renewal must be submitted no sooner than 6 months and no later than 3 
months prior to the end of the 2-year applicability period for the 
initial exception. Once a special need renewal request has been 
received, APHIS will follow the same notice and comment process outlined 
in paragraphs (a) and (b) of this section. If, by the end of the 2-year 
applicability period, the State or political subdivision of a State does 
not submit a special need renewal request, the State's or political 
subdivision's special need exception will lapse and the State or 
political subdivision of a State will have to reapply for the special 
need exception.
    (d) If the Administrator determines that there is a need for the 
withdrawal of a special need exception before the renewal date of the 
special need exception, the reasons for the withdrawal would be 
communicated to the State or to the political subdivision of the State 
and APHIS will publish a notice in the Federal Register to inform the 
public of the withdrawal of the special need exception and to make the 
information supporting the withdrawal available for review and comment 
for at least 60 days. Reasons for withdrawal of approval of a special 
need exception may include, but are not limited to, the availability of 
new scientific data or changes in APHIS regulations. Following the close 
of the comment period, APHIS will publish another notice announcing the 
Administrator's decision to either withdraw or uphold the special need 
exception. The Administrator's determination will be based upon the 
evaluation of the information submitted in support of the withdrawal and 
would take into account any comments received.

(Approved by the Office of Management and Budget under control number 
0579-0291)



                 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:

[[Page 15]]

    (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_Fruit Flies

    Source: 73 FR 32432, June 9, 2008, unless otherwise noted.



Sec.  301.32  Restrictions on interstate movement of regulated articles.

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

    \1\ Permit and other requirements for the interstate movement of any 
of the fruit flies regulated under this subpart are contained in part 
330 of this chapter.
---------------------------------------------------------------------------

    (b) 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.



Sec.  301.32-1  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 fruit flies 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 
packinghouse 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 this subpart.
    Core area. The area within a circle surrounding each site where 
fruit flies have been detected using a \1/2\-mile radius with the 
detection site 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 species of fruit fly.
    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.  301.32-4(c).
    Dripline. The line around the canopy of a plant.
    Fruit fly (fruit flies). The melon fruit fly, Mexican fruit fly, 
Mediterranean fruit fly, Oriental fruit fly, peach fruit fly, sapote 
fruit fly, or West Indian fruit fly, or other species of insects found 
in the family Tephritidae, collectively.
    Infestation. The presence of fruit flies or the existence of 
circumstances that makes it reasonable to believe that fruit flies are 
present.
    Inspector. Any employee of APHIS 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

[[Page 16]]

a compliance agreement affirms that the regulated article identified on 
the document is eligible for interstate movement in accordance with 
Sec.  301.32-5(b) 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.
    Melon fruit fly. The insect known as the melon fruit fly, Bactrocera 
cucurbitae (Coquillett), in any stage of development.
    Mexican fruit fly. The insect known as Mexican fruit fly, Anastrepha 
ludens (Loew), in any stage of development.
    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.
    Oriental fruit fly. The insect known as Oriental fruit fly, 
Bactrocera dorsalis (Hendel), in any stage of development.
    Peach fruit fly. The insect known as peach fruit fly, Anastrepha 
zonata (Saunders), in any stage of development.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service that has been 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, designated 
as a quarantined area in accordance with Sec.  301.32-3.
    Regulated article. Any article listed in Sec.  301.32-2 or otherwise 
designated as a regulated article in accordance with Sec.  301.32-2(d).
    Sapote fruit fly. The insect known as the sapote fruit fly, 
Anastrepha serpentina, in any stage of development.
    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.
    West Indian fruit fly. The insect known as the West Indian fruit 
fly, Anastrepha obliqua (Macquart), in any stage of development.



Sec.  301.32-2  Regulated articles.

    (a) In the following table, the berry, fruit, nut, or vegetable 
listed in each row in the left column is a regulated article for each of 
the fruit fly species listed in that row in the right column, unless the 
article is canned, dried, or frozen below -17.8 [deg]C (0 [deg]F):

------------------------------------------------------------------------
         Botanical name             Common name(s)         Fruit fly
------------------------------------------------------------------------
Abelmoschus esculentus =          Okra..............  Melon, Peach.
 Hibiscus esculentus.
Acca sellowiana = Feijoa          Pineapple guava...  Mediterranean,
 sellowiana.                                           Oriental, Peach.
Actinidia chinensis.............  Kiwi..............  Mediterranean.
Aegle marmelos..................  Indian bael.......  Peach.
Anacardium occidentale..........  Cashew............  Oriental.
Annona cherimola................  Cherimoya.........  Mexican, Oriental,
                                                       Peach.
Annona glabra...................  Pond-apple........  Sapote.
Annona muricata.................  Soursop...........  Melon, Oriental,
                                                       Peach.
Annona reticulata...............  Custard apple,      Melon, Mexican,
                                   Annona.             Oriental, Peach.
Annona squamosa.................  Custard apple.....  Peach.
Artocarpus altilis..............  Breadfruit........  Oriental.
Artocarpus heterophyllus........  Jackfruit.........  Oriental.
Averrhoa carambola..............  Carambola, Country  Oriental, West
                                   gooseberry.         Indian.
Benincasa hispida...............  Melon, Chinese....  Melon.
Brassica juncea.................  Mustard, leaf.....  Melon.
Brassica oleracea var. botrytis.  Cauliflower.......  Melon.
Brosimum alicastrum.............  Ram[oacute]n......  West Indian.
Byrsonima crassifolia...........  Nance.............  Sapote.
Calophyllum inophyllum..........  Alexandrian-        Oriental.
                                   laurel, Laurel.
Cananga odorata.................  Ylang-Ylang.......  Oriental.
Capsicum annum..................  Pepper, chili.....  Mediterranean,
                                                       Melon, Oriental.
Capsicum frutescens.............  Pepper, tabasco...  Mediterranean,
                                                       Melon.
Capsicum frutescens abbreviatum.  Oriental bush red   Oriental.
                                   pepper.
Capsicum frutescens var. grossum  Pepper, sweet.....  Oriental.

[[Page 17]]

 
Carica papaya...................  Papaya............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Carissa grandiflora.............  Natal plum........  Oriental.
Carissa macrocarpa..............  Natal plum........  Mediterranean.
Casimiroa edulis................  Sapote, white.....  Mediterranean.
Casimiroa greggii = Sargentia     Sargentia, yellow   Mexican.
 greggii.                          chapote.
Casimiroa spp...................  Sapote............  Mexican.
Cereus coerulescens.............  Cactus............  Oriental.
Chrysophyllum cainito...........  Star apple........  Oriental, Sapote.
Chrysophyllum oliviforme........  Caimitillo........  Oriental.
Citrofortunella japonica........  Orange, calamondin  Peach.
Citrullus colocynthis...........  Colocynth.........  Melon.
Citrullus lanatus = Citrullus     Watermelon........  Melon, Peach.
 vulgaris.
Citrullus spp...................  Melon.............  Melon.
Citrus aurantiifolia............  Lime..............  Mediterranean,
                                                       Mexican, \1\
                                                       Oriental, Peach.
Citrus aurantium................  Orange, sour......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Citrus jambhiri.................  Lemon, Rough......  Mediterranean.
Citrus latifolia................  Lime, Persian.....  Oriental.
Citrus limon....................  Lemon.............  Mediterranean, \2\
                                                       Mexican, \3\
                                                       Oriental, Peach.
Citrus limon x reticulata.......  Lemon, Meyer......  Mediterranean.
Citrus madurensis =               Orange, Panama....  Sapote.
 xCitrofortunella mitis.
Citrus maxima = Citrus grandis..  Pummelo or          Mediterranean,
                                   Shaddock.           Mexican,
                                                       Oriental, Peach.
Citrus medica...................  Citrus citron.....  Mediterranean,
                                                       Mexican, Peach.
Citrus paradisi.................  Grapefruit........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus reticulata...............  Mandarin orange,    Mediterranean,
                                   tangerine.          Mexican,
                                                       Oriental, Peach.
Citrus reticulata var. Unshu....  Orange, Unshu.....  Mediterranean,
                                                       Oriental.
Citrus reticulata x C. sinensis   Orange, king......  Mediterranean,
 = Citrus nobilis.                                     Melon, Oriental,
                                                       Peach.
Citrus reticulata x Fortunella..  Orange, calamondin  Mediterranean,
                                                       Mexican,
                                                       Oriental.
Citrus sinensis.................  Orange, sweet.....  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach.
Citrus spp......................  Citrus............  Sapote.
Clausena lansium................  Wampi.............  Oriental.
Coccinia spp....................  Gourds............  Melon, Peach.
Coccoloba uvifera...............  Seagrape..........  Oriental.
Coffea arabica..................  Coffee, Arabian...  Oriental.
Cresentia spp...................  Gourds............  Melon, Peach.
Cucumis melo and Cucumis melo     Cantaloupe........  Melon, Peach.
 var. Cantalupensis.
Cucumis melo var. conomon.......  Melon, oriental     Melon.
                                   pickling.
Cucumis pubescens and Cucumis     Cucurbit..........  Melon.
 trigonus.
Cucumis sativus.................  Cucumber..........  Melon, Oriental,
                                                       Peach.
Cucumis utilissimus.............  Melon, long.......  Peach.
Cucurbita maxima................  Squash............  Melon.
Cucurbita moschata..............  Pumpkin, Canada...  Melon.
Cucurbita pepo..................  Pumpkin...........  Melon.
Cydonia oblonga.................  Quince............  Mexican,
                                                       Mediterranean,
                                                       Oriental, Peach,
                                                       Sapote.
Cyphomandra betaceae............  Tomato, tree......  Melon.
Diospyros digyna................  Black sapote......  Sapote.
Diospyros discolor..............  Velvet apple......  Oriental.
Diospyros khaki.................  Japanese persimmon  Mediterranean,
                                                       Oriental.
Diospyros spp...................  Sapote............  Sapote, West
                                                       Indian.
Dovyalis hebecarpa..............  Kitembilla........  Oriental, Sapote,
                                                       West Indian.
Dracena draco...................  Dragon tree.......  Oriental.
Elaeocarpus angustifolius.......  Blue marbletree;    Peach.
                                   New Guinea
                                   quandong.
Elaeocarpus grandiflorus........  Lily of the valley  Peach.
                                   tree.
Elaeocarpus madopetalus.........  Ma-kok-nam........  Peach.
Eriobotrya japonica.............  Loquat............  Mediterranean,
                                                       Oriental, Peach,
                                                       West Indian.
Eugenia brasiliensis = E.         Brazil-cherry,      Mediterranean,
 dombeyi.                          grumichama.         Oriental, Peach.
Eugenia malaccensis.............  Malay apple.......  Oriental.
Eugenia uniflora................  Surinam cherry....  Mediterranean,
                                                       Oriental, Peach.
Euphoria longan.................  Longan............  Oriental.
Ficus benghalensis..............  Fig, Banyan.......  Peach.
Ficus carica....................  Fig...............  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Ficus macrophylla...............  Fig, Moreton Bay..  Peach.
Ficus retusa....................  Fig, glossy leaf..  Peach.

[[Page 18]]

 
Ficus rubiginosa................  Fig, Port Jackson.  Peach.
Ficus spp.......................  Fig...............  Peach.
Fortunella japonica.............  Chinese Orange,     Mediterranean,
                                   Kumquat.            Oriental, Peach.
Garcinia celebica...............  Gourka............  Oriental.
Garcinia mangostana.............  Mangosteen........  Oriental.
Grewia asiatica.................  Phalsa............  Peach.
Jubaea chilensis = Jubaea         Syrup palm........  Oriental.
 spectabilis.
Juglans hindsii.................  Walnut............  Oriental.
Juglans regia...................  Walnut, English...  Oriental.
Juglans spp.....................  Walnut with husk..  Mediterranean.
Lablab purpureus subsp.           Bean, hyacinth....  Melon.
 purpureus = Dolichos lablab.
Lagenaria spp...................  Gourds............  Melon, Peach.
Luffa acutangula................  Gourd, ribbed or    Peach.
                                   ridged, luffa.
Luffa aegyptiaca................  Gourd, smooth       Peach.
                                   luffa, sponge.
Luffa spp.......................  Gourds............  Melon, Peach.
Luffa vulgaris..................  Gourd.............  Peach.
Lychee chinensis................  Lychee nut........  Oriental
Lycopersicon esculentum.........  Tomato............  Mediterranean, \4\
                                                       Melon, Oriental,
                                                       Peach.
Madhuca indica = Bassia           Mahua, mowra-       Peach.
 latifolia.                        buttertree.
Malpighia glabra................  Cherry, Barbados..  Oriental, West
                                                       Indian.
Malpighia punicifolia...........  West Indian cherry  Oriental.
Malus sylvestris................  Apple.............  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Sapote,
                                                       Peach.
Mammea americana................  Mammy apple.......  Mexican, Oriental,
                                                       Peach, Sapote.
Mangifera foetida...............  Mango, Bachang....  Peach.
Mangifera indica................  Mango.............  All.
Mangifera odorata...............  Kuine.............  Peach.
Manilkara hexandra..............  Sapodilla, balata.  Peach.
Manilkara jaimiqui subsp.         Sapodilla, wild...  Peach.
 emarginata.
Manilkara zapota................  Sapodilla, chiku..  Oriental, Peach,
                                                       Sapote, West
                                                       Indian.
Mimusops elengi.................  Spanish cherry....  Mediterranean,
                                                       Oriental.
Momordica balsamina.............  Balsam apple,       Peach.
                                   hawthorn.
Momordica charantia.............  Balsam pear,        Peach.
                                   bitter melon.
Momordica cochinchinensis.......  Balsam apple, gac.  Peach.
Momordica spp...................  Gourds............  Melon, Peach.
Morus nigra.....................  Mulberry..........  Oriental.
Murraya exotica.................  Mock orange.......  Mediterranean,
                                                       Oriental.
Musa x paradisiaca = Musa         Banana............  Oriental.
 paradisiaca subsp. sapientum.
Musa acuminata = Musa nana......  Banana, dwarf.....  Oriental.
Ochrosia elliptica..............  Orange, bourbon...  Peach.
Olea europea....................  Olive.............  Mediterranean.
Opuntia ficus-indica = Opuntia    Prickly pear......  Oriental.
 megacantha.
Opuntia spp.....................  Opuntia cactus....  Mediterranean.
Passiflora edulis...............  Passionflower,      Melon, Oriental,
                                   passionfruit,       West Indian.
                                   yellow lilikoi.
Passiflora laurifolia...........  Lemon, water......  Melon.
Passiflora ligularis............  Granadilla, sweet.  Oriental.
Passiflora quadrangularis.......  Granadilla, giant.  West Indian.
Passiflora tripartita var.        Passionflower,      Oriental.
 mollissima.                       softleaf.
Persea americana................  Avocado...........  Mediterranean,
                                                       Melon, Mexican,
                                                       Oriental, Peach,
                                                       Sapote.
Phaseolus lunatus = Phaseolus     Bean, lima........  Melon.
 limensis.
Phaseolus vulgaris..............  Bean, mung........  Melon.
Phoenix dactylifera.............  Date palm.........  Mediterranean,
                                                       Melon, Oriental,
                                                       Peach.
Planchonia careya = Careya        Patana oak, kumbhi  Peach.
 arborea.
Pouteria caimito................  Abiu..............  Sapote.
Pouteria campechiana............  Eggfruit tree.....  Oriental, Sapote.
Pouteria obovata................  Lucmo.............  Sapote.
Pouteria viridis................  Sapote, green.....  Sapote.
Prunus americana................  Plum, American....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus armeniaca................  Apricot...........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus avium....................  Sweet cherry......  Mediterranean,
                                                       Peach.
Prunus cerasus..................  Sour cherry.......  Mediterranean,
                                                       Peach.
Prunus domestica................  Plum, European....  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Prunus dulcis = P. amygdalus....  Almond with husk..  Mediterranean,
                                                       Peach \5\.
Prunus ilicifolia...............  Cherry, Catalina..  Oriental, Peach.
Prunus lusitanica...............  Cherry, Portuguese  Oriental, Peach.
Prunus persica..................  Peach.............  All.
Prunus persica var. nectarine...  Nectarine.........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.

[[Page 19]]

 
Prunus salicina.................  Japanese plum.....  Mediterranean,
                                                       Mexican, Peach,
                                                       West Indian.
Prunus salicina x Prunus          Methley plum......  Peach.
 cerasifera.
Psidium cattleianum.............  Strawberry guava,   Mediterranean,
                                   Cattley guava.      Melon, Oriental.
Psidium cattleianum var.          Yellow strawberry   Peach.
 cattleianum f. lucidum.           guava.
Psidium cattleianum var.          Red strawberry      Oriental, West
 littorale.                        guava.              Indian, Peach.
Psidium guajava.................  Guava.............  All.
Punica granatum.................  Pomegranate.......  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach.
Pyrus communis..................  Pear..............  All.
Pyrus pashia....................  Kaeuth............  Peach.
Pyrus pyrifolia.................  Pear, sand........  Peach.
Rhodomyrtus tomentosa...........  Myrtle, downy rose  Oriental.
Sandoricum koetjape.............  Santol............  Oriental.
Santalum album..................  Sandalwood, white.  Oriental.
Santalum paniculatum............  Sandalwood........  Oriental.
Sapotaceae......................  Sapota, Sapodilla.  Mexican.
Sechium edule...................  Chayote...........  Melon.
Sesbania grandiflora............  Scarlet wisteria    Melon.
                                   tree.
Sicyes sp.......................  Cucumber, bur.....  Melon.
Solanum aculeatissimum..........  Nightshade........  Peach.
Solanum mauritianum = S.          Tobacco, wild.....  Peach.
 auriculatum.
Solanum melongena...............  Eggplant..........  Mediterranean, \6\
                                                       Melon, Peach.
Solanum muricatum...............  Pepino............  Oriental, Peach.
Solanum pseudocapsicum..........  Jerusalem cherry..  Oriental, Peach.
Solanum seaforthianum...........  Nightshade,         Peach.
                                   Brazilian.
Solanum verbascifolium..........  Nightshade,         Peach.
                                   Mullein.
Spondias dulcis = Spondias        Otaheite apple,     Oriental, West
 cytherea.                         Jew plum.           Indian.
Spondias mombin.................  Hog-plum..........  Sapote, West
                                                       Indian.
Spondias purpurea...............  Red mombin........  Sapote, West
                                                       Indian.
Spondias spp....................  Spanish plum,       Mexican.
                                   purple mombin or
                                   Ciruela.
Spondias tuberose...............  Imbu..............  Oriental.
Syzygium aquem..................  Water apple,        Peach.
                                   watery roseapple.
Syzygium cumini.................  Java plum,          Peach.
                                   jambolana.
Syzygium jambos = Eugenia jambos  Rose apple........  Mediterranean,
                                                       Mexican,
                                                       Oriental, Peach,
                                                       West Indian.
Syzygium malaccense = Eugenia     Mountain apple,     Mediterranean,
 malaccensis.                      Malay apple.        Peach, West
                                                       Indian.
Syzygium samarangense...........  Java apple........  Peach.
Terminalia bellirica............  Myrobalan,          Peach.
                                   belleric.
Terminalia catappa..............  Tropical almond...  Oriental, Peach.
Terminalia chebula..............  Myrobalan, black    Mediterranean,
                                   or chebulic.        Oriental, Peach.
Thevetia peruviana..............  Yellow oleander...  Mediterranean,
                                                       Oriental.
Trichosanthis spp...............  Gourds............  Melon, Peach.
Vaccinium spp...................  Blueberry.........  Mediterranean.
Vigna unguiculata...............  Cowpea............  Melon.
Vitis spp.......................  Grapes............  Mediterranean,
                                                       Oriental.
Vitis trifolia..................  Grape.............  Melon.
Wikstroemia phillyreifolia......  Akia..............  Oriental.
Ziziphus mauritiana.............  Chinese date,       Peach.
                                   jujube.
------------------------------------------------------------------------
\1\ Sour limes are not regulated articles for Mexican fruit fly.
\2\ Only yellow lemons are regulated articles for Mediterranean fruit
  fly.
\3\ Eureka, Lisbon, and Villa Franca cultivars (smooth-skinned sour
  lemon) are not regulated articles for Mexican fruit fly.
\4\ Only pink and red ripe tomatoes are regulated articles for
  Mediterranean fruit fly.
\5\ Harvested almonds with dried husks are not regulated articles for
  peach fruit fly.
\6\ Commercially produced eggplants are not regulated articles for
  Mediterranean fruit fly.

    (b) Plants of the following species in the family Curcurbitaceae are 
regulated articles for the melon fruit fly only:

Cantaloupe (Cucumis melo)
Chayote (Sechium edule)
Colocynth (Citrullus colocynthis)
Cucumber (Cucumis sativus)
Cucumber, bur (Sicyes spp.)
Cucurbit (Cucumis pubescens and C. trigonus)
Cucurbit, wild (Cucumis trigonus)
Gherkin, West India (Cucumis angaria)
Gourds (Coccinia, Cresentia, Lagenaria, Luffa, Momordica, and 
Trichosanthis spp.)
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)

[[Page 20]]

Melon, Chinese (Benincasa hispida)
Melon, long (Cucumis utilissimus)
Pumpkin (Cucurbita pepo)
Pumpkin, Canada (Cucurbita moschata)
Squash (Cucurbita maxima)
Watermelon (Citrullus lanatus = Citrullus vulgaris)

    (c) Soil within the dripline of the plants listed in paragraph (b) 
of this section or plants that are producing or have produced any 
article listed in paragraph (a) of this section.
    (d) Any other product, article, or means of conveyance not listed in 
paragraphs (a), (b), or (c) of this section that an inspector determines 
presents a risk of spreading fruit flies, 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.

[73 FR 34232, June 9, 2008, as amended at 75 FR 12962, Mar. 18, 2010]



Sec.  301.32-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each State, or each portion of a State, 
in which a fruit fly population subject to the regulations in this 
subpart has been found by an inspector, or in which the Administrator 
has reason to believe that a fruit fly population is present, or that 
the Administrator considers necessary to quarantine because of its 
inseparability for quarantine enforcement purposes from localities in 
which a fruit fly population has been found. The Administrator will 
publish the description of the quarantined area on the Plant Protection 
and Quarantine Web site, http://www.aphis.usda.gov/plant_health/
plant_pest_info/fruit_flies/index.shtml. The description of the 
quarantined area will include the date the description was last updated 
and a description of the changes that have been made to the quarantined 
area. The description of the quarantined area may also be obtained by 
request from any local office of PPQ; local offices are listed in 
telephone directories. After a change is made to the quarantined area, 
we will publish a notice in the Federal Register informing the public 
that the change has occurred and describing the change to the 
quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. 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 fruit fly.
    (c) Criteria for designation of a State, or a portion of a State, as 
a quarantined area. A State, or a portion of a State, will be designated 
as a quarantined area when a fruit fly population has been found in that 
area by an inspector, when the Administrator has reason to believe that 
the fruit fly is present in that area, or when the Administrator 
considers it necessary to quarantine that area because of its 
inseparability for quarantine enforcement purposes from localities in 
which the fruit fly has been found.
    (d) Removal of a State, or a portion of a State, from quarantine. A 
State, or a portion of a State, will be removed from quarantine when the 
Administrator determines that sufficient time has passed without finding 
additional flies or other evidence of infestation in the area to 
conclude that the fruit fly no longer exists in that area.



Sec.  301.32-4  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.  301.32-5 and 301.32-8;
    (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

[[Page 21]]

completely enclosed by a covering adequate to prevent access by 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 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 fruit flies; 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.
    (d) Hass avocados that are grown or packed in an area quarantined 
for Mediterranean, Mexican, or sapote fruit fly and that are moving 
interstate from such an area are subject to the following additional 
requirements:
    (1) Orchard sanitation and safeguarding requirements. (i) Hass 
avocado fruit that has fallen from the trees may not be included in 
field boxes of fruit to be packed for shipping.
    (ii) Harvested Hass avocados must be placed in field boxes or 
containers of field boxes that are marked to show the location 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.
    (iii) Hass avocados must be protected from fruit fly infestations 
during their movement from the orchard to the packinghouse and must be 
accompanied by a field record indicating the location of the orchard 
where the avocados originated.
    (2) Packinghouse requirements for Hass avocados packed within a 
quarantined area. (i) All openings to the outside of the packinghouse 
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.
    (ii) 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.
    (iii) If the Hass avocados were grown in an orchard within the 
quarantined area, the identity of the avocados must be maintained from 
field boxes or containers to the shipping boxes in the packinghouse so 
that the avocados can be traced back to the orchard in which they were 
grown. The avocados must be packed in boxes or crates that are clearly 
marked with the identity of the grower and the packinghouse.
    (iv) Any boxes of Hass avocados packed in the quarantined area must 
be placed in a refrigerated truck or refrigerated container and remain 
in that truck or container while in transit through the quarantined 
area. Prior to leaving the packinghouse, the truck or container must be 
secured 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 is outside the quarantined area.
    (v) Any avocados that have not been packed or loaded into a 
refrigerated truck or refrigerated container by the end of the workday 
must be kept inside the screened packinghouse.
    (3) Packinghouse requirements for Hass avocados packed outside a 
quarantined area but grown within a quarantined area. Hass avocados 
grown in an orchard within a quarantined area but packed in a 
packinghouse outside the quarantined area must meet the requirements of 
paragraph (d)(2)(iii) of this section.

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31159, June 30, 2009; 75 
FR 12962, Mar. 18, 2010; 76 FR 43807, July 22, 2011]

[[Page 22]]



Sec.  301.32-5  Issuance and cancellation of certificates and
limited permits.

    (a) A certificate may 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 
PPQ offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (1)(i) The regulated article has been treated under the direction of 
an inspector in accordance with Sec.  301.32-10; or
    (ii) Based on inspection of the premises of origin, the premises are 
free from fruit flies; or
    (iii) Based on inspection of the regulated article, the regulated 
article is free of fruit flies; or
    (iv) The regulated articles are Hass variety avocados that have been 
harvested, safeguarded, and packed in accordance with the conditions in 
Sec.  301.32-4(d); 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 fruit flies; 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) to prevent the 
spread of fruit flies; and
    (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 \4\ will issue a limited permit for the interstate 
movement of a regulated article if the inspector determines that:
---------------------------------------------------------------------------

    \4\ See footnote 3.
---------------------------------------------------------------------------

    (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 fruit 
flies because life stages of the fruit flies 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 fruit flies; 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.

[[Page 23]]

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

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0336)

[73 FR 32432, June 9, 2008, as amended at 74 FR 31160, June 30, 2009]



Sec.  301.32-6  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. \5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Emergency and Domestic Programs, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236, and from local PPQ 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 
any of the conditions of this subpart or with any of the provisions of 
the compliance agreement. 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.  301.32-7  Assembly and inspection of regulated articles.

    (a) Any person, other than a person authorized to issue certificates 
or limited permits under Sec.  301.32-5(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 to Sec.  301.32-5(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.  301.32-8  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: 
Provided, however, that 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 
0579-0088)



Sec.  301.32-9  Costs and charges.

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

[[Page 24]]



Sec.  301.32-10  Treatments.

    Regulated articles may be treated in accordance with part 305 of 
this chapter to neutralize fruit flies. 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 regulated articles listed Sec.  301.32(a) or (b). The following 
soil treatments may be used: 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 0.5 inch. Both 
immersion and pour-on treatment procedures are also acceptable.
    (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 fruit fly egg and larvae. Determination of the time 
period must be based on the day degrees model for the specific 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.

[73 FR 32432, June 9, 2008, as amended at 75 FR 4240, Jan. 26, 2010]



                         Subpart_Black Stem Rust

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



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

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

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

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



Sec.  301.38-1  Definitions.

    In this subpart the following definitions apply:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service (APHIS), or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculure.
    Black stem rust. The disease commonly known as the black stem rust 
of grains (Puccinia graminis).
    Certificate. A document in which an inspector, or a person operating 
under a compliance agreement, affirms that a specified regulated article 
has met the criteria in Sec.  301.38-5(b) of this subpart and may be 
moved interstate to any destination.
    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

[[Page 25]]

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 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. aggregata x B. wilsoniae `Pirate King'
 B. `Amstelveen'
 B. aridocalida
 B. beaniana
 B. buxifolia
 B. buxifolia nana
 B. calliantha
 B. candidula
 B. candidula `Amstelveen'
 B. candidula x B. verruculosa `Amstelveen'

[[Page 26]]

 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. koreana x B. thunbergii hybrid Bailsel
 B. koreana x B. thunbergii hybrid Tara
 B. lempergiana
 B. lepidifolia
 B. linearifolia
 B. linearifolia var. `Orange King'
 B. lologensis
 B. lologensis `Mystery Fire'
 B. manipurana
 B. media `Dual Jewel'
 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 `Ada'
 B. thunbergii `Admiration'
 B. thunbergii `Amera'
 B. thunbergii `Antares'
 B. thunbergii argenteo marginata
 B. thunbergii `Arlene'
 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 `Moretti Select'
 B. thunbergii atropurpurea nana
 B. thunbergii atropurpurea `Redbird'
 B. thunbergii atropurpurea `Rose Glow'
 B. thunbergii atropurpurea x B. x media H2011-085-006
 B. thunbergii aurea
 B. thunbergii `Aurea Nana'
 B. thunbergii `Bagatelle'
 B. thunbergii `BailAnna' Moscato
 B. thunbergii `BailElla' Lambrusco
 B. thunbergii `BailErin' Limoncello
 B. thunbergii `Bailgreen' (Jade Carousel \TM\)
 B. thunbergii `BailJulia' Toscana
 B. thunbergii `Bailone'
 B. thunbergii `Bailone' (Ruby Carousel [supreg])
 B. thunbergii `Bailtwo'
 B. thunbergii `Bailtwo' (Burgundy Carousel [supreg])
 B. thunbergii `Benita'
 B. thunbergii `Bonanza Gold'
 B. thunbergii `Breval 8'
 B. thunbergii `Celeste'
 B. thunbergii `Chloe'
 B. thunbergii `Concorde'
 B. thunbergii `Crimson Ruby'
 B. thunbergii `Crimson Pygmy'
 B. thunbergii `Criruzam' Crimson Ruby \TM\
 B. thunbergii `Daybreak'
 B. thunbergii `Diabolicum'
 B. thunbergii `Della'
 B. thunbergii `Dwarf Jewell'
 B. thunbergii `Edda'
 B. thunbergii erecta
 B. thunbergii 8-8-13
 B. thunbergii `Fay'
 B. thunbergii `Fireball'
 B. thunbergii `Gail'
 B. thunbergii `globe'

[[Page 27]]

 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 `Golden Torch'
 B. thunbergii `Green Carpet'
 B. thunbergii `Grhozam' (Green Hornet \TM\)
 B. thunbergii H2007-001-031
 B. thunbergii `Harlequin'
 B. thunbergii `Helen'
 B. thunbergii `Helmond Pillar'
 B. thunbergii `Joyce'
 B. thunbergii `Kasia'
 B. thunbergii `Kobold'
 B. thunbergii `Koren'
 B. thunbergii `Lime Glow'
 B. thunbergii `Lotty'
 B. thunbergii `Lustre Green'
 B. thunbergii `Maria'
 B. thunbergii `Martha'
 B. thunbergii maximowiczi
 B. thunbergii `Midruzam' Midnight Ruby \TM\
 B. thunbergii `Mimi'
 B. thunbergii minor
 B. thunbergii `Monlers'
 B. thunbergii `Monomb'
 B. thunbergii `Monry'
 B. thunbergii `NCBT1'
 B. thunbergii `O'Byrne'
 B. thunbergii `Orange Rocket'
 B. thunbergii Orange Torch
 B. thunbergii `Painter's Palette'
 B. thunbergii `Phoebe'
 B. thunbergii `Pink Queen'
 B. thunbergii pluriflora
 B. thunbergii `Pow Wow'
 B. thunbergii `Pyruzam' (Pygmy Ruby \TM\)
 B. thunbergii `Red Carpet'
 B. thunbergii `Red Rocket'
 B. thunbergii Red Torch
 B. thunbergii `Rosy Rocket'
 B. thunbergii `Royal Burgundy'
 B. thunbergii `Royal Cloak'
 B. thunbergii `Ruth'
 B. thunbergii `Sparkle'
 B. thunbergii `Sparkler'
 B. thunbergii Striking Gold
 B. thunbergii `Talago'
 B. thunbergii `Thornless'
 B. thunbergii `Tiny Gold'
 B. thunbergii `24kagozam' (24 Karat Gold \TM\)
 B. thunbergii UCONNBT039
 B. thunbergii UCONNBT048
 B. thunbergii UCONNBT113
 B. thunbergii UCONNBTCP4N
 B. thunbergii UCONNtrispecific
 B. thunbergii `Upright Jewell'
 B. thunbergii `Velglozam' (Velvet Glow \TM\)
 B. thunbergii variegata
 B. thunbergii xanthocarpa
 B. thunbergii x B. sieboldii H2010-079-012
 B. thunbergii x calliantha ``NCBX3'
 B. thunbergii x media `NCBX1'
 B. thunbergii x media 'NCBX2'
 B. thunbergii x `Bailsel' (Golden Carousel [supreg])
 B. thunbergii x `Tara' (Emerald Carousel [supreg])
 B. triacanthophora
 B. triculosa
 B. verruculosa
 B. verruculosa x gagnepainii x vulgaris Trispecific2
 B. virgatorum
 B. workingensis
 B. xanthoxylon
 B. x media x thunbergii atropurpurea H2011-165-002
 B. x carminea `Pirate King'
 B. x frikartii `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. `Bokasio' Sioux
 M. `Bokrafoot' Blackfoot
 M. dictyota
 M. eurybracteata Soft Caress (PPAF)
 M. fortunei

[[Page 28]]

 M. `Golden Abundance'
 M. japonica
 M. japonica x M. lomariifolia `Charity'
 M. lomarifolia
 M. media Marvel (PPAF)
 M. nervosa
 M. pinnata
 M. pinnata `Ken Hartman'
 M. piperiana
 M. pumila
 M. repens
 M. x media `Charity'
 M. x media `Lionel Fortescue'
 M. x media `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 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; 72 
FR 32167, June 12, 2007; 72 FR 72233, Dec. 20, 2007; 75 FR 29193, May 
25, 2010; 75 FR 54462, Sept. 8, 2010; 78 FR 27856, May 13, 2013; 81 FR 
3702, Jan. 22, 2016; 82 FR 41826, Sept. 5, 2017]



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

[[Page 29]]

verified that no wild or domesticated rust-susceptible plants are 
growing at or within one-half mile of the property. \4\
---------------------------------------------------------------------------

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

    (d) The following are designated as protected areas:
    (1) The States of Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, 
Pennsylvania, South Dakota, West Virginia, Wisconsin, and Wyoming.
    (2) The following counties in the State of Washington: Adams, 
Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, 
Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, 
Stevens, Walla Walla, Whitman, Yakima.
    (e) Each State that is a protected area or that encompasses a 
protected area must submit annually to the Administrator a written 
statement, signed by an inspector, assuring APHIS that all nursery 
inspections have been performed in accordance with this section. The 
statement must be submitted by January 1st of each year, and must 
include a list of the nurseries inspected and found free of rust-
susceptible plants.
    (f) The Administrator may remove a protected area from the list of 
designated protected areas in paragraph (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

[[Page 30]]

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 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]

[[Page 31]]



Sec.  301.38-6  Compliance agreements and cancellation.

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

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

    (b) A compliance agreement may be cancelled by an inspector, orally 
or in writing, whenever he or she determines that the person who has 
entered into the compliance agreement has failed to comply with the 
agreement or this subpart. If the cancellation is oral, the cancellation 
and the reasons for the cancellation will be confirmed, in writing, 
within 20 days of oral notification of the cancellation. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, within 10 days after receiving written notification of the 
cancellation. The appeal must state all of the facts and reasons upon 
which the person relies to show that the compliance agreement was 
wrongfully cancelled. A hearing will be held to resolve any conflict as 
to any material fact. An appeal shall be granted or denied, in writing, 
as promptly as circumstances allow, and the reasons for the decision 
shall be stated. In a non-protected area, appeal shall be made to the 
Administrator. The Administrator shall adopt rules of practice for the 
hearing. The compliance agreement will remain cancelled pending decision 
of the appeal.

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



Sec.  301.38-7  Attachment and disposition of certificates.

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



Sec.  301.38-8  Costs and charges.

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

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



                           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

[[Page 32]]

United States; and establishes regulations governing the interstate 
movement from generally infested areas of the quarantined States of 
regulated articles and outdoor household articles defined in Sec.  
301.45-1.
    (b) Restrictions on the interstate movement of regulated articles 
and outdoor household articles. No common carrier or other person may 
move interstate from any generally infested area any regulated article 
or outdoor household article except in accordance with the conditions 
prescribed in this subpart.

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



Sec.  301.45-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural, and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service of the U.S. Department of Agriculture (APHIS).
    Associated equipment. Articles associated and moved with mobile 
homes and recreational vehicles, such as, but not limited to, awnings, 
tents, outdoor furniture, trailer blocks, and trailer skirts.
    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 Plant Protection and Quarantine-approved form, stamp, 
or document issued and signed by an inspector, or by a qualified 
certified applicator or by any other person operating in accordance with 
a compliance agreement, affirming that a specified regulated article is 
eligible for interstate movement in accordance with this subpart.
    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.
    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,

[[Page 33]]

authorized by the Administrator in accordance with law to enforce the 
provisions of the quarantine and regulations in this subpart. A person 
operating under a compliance agreement is not an inspector.
    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 identified on the document is eligible for interstate movement 
in accordance with Sec.  301.45-5 only to the specified destination and 
only in accordance with the specified conditions.
    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.
    OHA document. The self-inspection checklist portion of USDA-APHIS 
Program Aid Number 2065, ``Don't Move Gypsy Moth,'' completed and signed 
by the owner of an outdoor household article (OHA) affirming that the 
owner has inspected the OHA for life stages of gypsy moth in accordance 
with the procedures in the program aid.
    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) (7 U.S.C. 136i) as a certified commercial applicator in a 
category allowing use of the restricted use pesticides Spray N Kill (EPA 
Registration No. 8730-30), Ficam W (EPA Registration No. 45639-1), and 
acephate (Orthene [supreg]); (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 may be obtained from 
State departments of agriculture.
---------------------------------------------------------------------------

    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\ The Gypsy Moth Program Manual may be viewed on the Internet at 
http://www.aphis.usda.gov/import_export/plants/manuals/domestic/
downloads/gypsy_moth.pdf.
---------------------------------------------------------------------------

    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

[[Page 34]]

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; 72 FR 70764, Dec. 13, 2007; 78 FR 24666, Apr. 26, 2013]



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 Eradication, Suppression, and Slow the Spread 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 January 16, 1996; and,
    (2) State or Federal delimiting trapping surveys conducted in 
accordance with Section II, ``Survey Procedures--Gypsy Moth'' of the 
Gypsy Moth Treatment Manual show that the average number of gypsy moths 
caught per trap is less than 10 and that the trapping surveys show that 
the eradication program is effectively diminishing the gypsy moth 
population of the area.
    (b) Less than an entire State will be designated as a generally 
infested area only if the Administrator has determined that:
    (1) The State has adopted and is enforcing a quarantine or 
regulation which imposes restrictions on the intrastate movement of the 
regulated articles which are substantially the same as those which are 
imposed with respect to the interstate movement of such articles under 
this subpart; and,
    (2) The designation of less than the entire State as a generally 
infested area will be adequate to prevent the artificial interstate 
spread of infestations of the gypsy moth.
    (c) Temporary designation of areas as generally infested areas. The 
Administrator or an inspector may temporarily designate any area in any 
State as a generally infested area in accordance with the criteria 
specified in paragraph (a) of this section. An inspector will give 
written notice of the designation to the owner or person in possession 
of the area and thereafter, the interstate movement of any regulated 
article from such areas is subject to the applicable provisions of this 
subpart. As soon as practicable, each generally infested area will be 
added to the list in Sec.  301.45-3 or the designation will be 
terminated by the Administrator or an authorized inspector, and notice 
thereof shall be given to the owner or person in possession of the 
areas.
    (d) Termination of designation as a generally infested area. The 
Administrator shall terminate the designation of any area as a generally 
infested area whenever the Administrator determines that the area no 
longer requires designation under the criteria specified in paragraph 
(a) of this section.

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



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

Cook County. The entire county.
Du Page County. The entire county.
Lake County. The entire county.
McHenry County. The entire county.

[[Page 35]]

                                 Indiana

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

                                  Maine

Androscoggin County. The entire county.
Aroostook County. The townships of Amity, Bancroft, Benedicta, Cary 
    Plantation, Crystal, Dyer Brook, Forkstown, Glenwood Plantation, 
    Haynesville, Hodgdon, Houlton, Island Falls, Linneus, Macwahoc 
    Plantation, Molunkus, New Limerick, North Yarmouth Academy Grant, 
    Oakfield, Orient, Reed Plantation, Sherman, Silver Ridge, Upper 
    Molunkus, Weston, T1 R5 WELS, T2 R4 WELS, T3 R3 WELS, T3 R4 WELS, T4 
    R3 WELS, and TA R2 WELS.
Cumberland County. The entire county.
Franklin County. Avon, Carthage, Chesterville, Coplin Plantation, 
    Crockertown, Dallas Plantation, Davis, Eustis, Farmington, Freeman, 
    Industry, Jay, Jerusalem, Kingfield, Lang, Madrid, Mount Abraham, 
    New Sharon, New Vineyard, Perkins, Phillips, Rangeley, Rangeley 
    Plantation, Redington, Salem, Sandy River Plantation, Strong, 
    Temple, Township 6 North of Weld, Township D, Township E, 
    Washington, Weld, Wilton, and Wyman.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
    Oxford County. The townships of Adamstown, Albany, Andover, Andover 
North, Andover West, Batchelders Grant, Bethel, Brownfield, Buckfield, 
Byron, Canton, Denmark, Dixfield, Fryeburg, Gilead, Grafton, Greenwood, 
Hanover, Hartford, Hebron, Hiram, Lincoln Plantation, Lovell, Lower 
Cupsuptic, Magalloway Plantation, Mason Plantation, Mexico, Milton 
Plantation, Newry, Norway, Oxford, Paris, Parkerstown, Peru, Porter, 
Richardsontown, Riley, Roxbury, Rumford, Stoneham, Stow, Sumner, Sweden, 
Upton, Waterford, Woodstock, C, and C Surplus.
Penobscot County. The townships of Alton, Argyle, Bangor City, Bradford, 
    Bradley, Brewer City, Burlington, Carmel, Carroll Plantation, 
    Charleston, Chester, Clifton, Corinna, Corinth, Dexter, Dixmont, 
    Drew Plantation, E. Millinocket, Eddington, Edinburg, Enfield, Etna, 
    Exeter, Garland, Glenburn, Grand Falls Plantation, Greenbush, 
    Greenfield, Grindstone, Hampden, Hermon, Hersey Town, Holden, 
    Hopkins Academy Grant, Howland, Hudson, Indian Purchase, Kenduskeag, 
    Kingman, Lagrange, Lakeville, Lee, Levant, Lincoln, Long A, Lowell, 
    Mattamiscontis, Mattawamkeag, Maxfield, Medway, Milford, 
    Millinocket, Mount Chase, Newburgh, Newport, Old Town City, Orono, 
    Orrington, Passadumkeag, Patten, Plymouth, Prentiss Plantation, 
    Seboeis Plantation, Soldiertown, Springfield, Stacyville, Stetson, 
    Summit, Veazie, Veazie Gore, Webster Plantation, Winn, Woodville, T1 
    ND, T1 R6 WELS, T1 R8 WELS, T2 R8 NWP, T2 R8 WELS, T2 R9 NWP, T3 R1 
    NBPP, T3 R9 NWP, T5 R1 NBPP, T5 R8 WELS, T6 R8 WELS, TA R7, TA R8, 
    TA R9, and the portion of T3 R8 within the boundaries of Baxter 
    State Park.
Piscataquis County. The townships of Abbot, Atkinson, Barnard, Blanchard 
    Plantation, Bowerbank, Brownville, Dover-Foxcroft, Elliotsville, 
    Greenville, Guilford, Katahdin Iron Works, Kingsbury Plantation, 
    Lakeview Plantation, Medford, Milo, Monson, Mount Katahdin, 
    Nesourdnahunk, Orneville, Parkman, Sangerville, Sebec, Shirley, 
    Trout Brook, Wellington, Williamsburg, Willimantic, T1 R9 WELS, T1 
    R10 WELS, T1 R11 WELS, T2 R10 WELS, T2 R9 WELS, T3 R10 WELS, T4 R9 
    NWP, T4 R9 WELS, T5 R9 NWP, T5 R9 WELS, T6 R10 WELS, T7 R9 NWP, TA 
    R10 WELS, TA R11 WELS, TB R10 WELS, TB R11 WELS, and the portion of 
    T4 R10 WELS within the boundaries of Baxter State Park.
Sagadahoc County. The entire county.
Somerset County. The townships of Anson, Athens, Bald Mountain,

[[Page 36]]

    Bigelow, Bingham, Bowtown, Brighton Plantation, Cambridge, Canaan, 
    Caratunk, Carrying Place, Carrying Place Town, Concord Plantation, 
    Cornville, Dead River, Detroit, East Moxie, Embden, Fairfield, 
    Harmony, Hartland, Highland Plantation, Lexington Plantation, Lower 
    Enchanted, Madison, Mayfield, Mercer, Moscow, Moxie Gore, New 
    Portland, Norridgewock, Palmyra, Pierce Pond, Pittsfield, Pleasant 
    Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. Albans, 
    Starks, The Forks Plantation, West Forks Plantation, and T3 R4 BKP 
    WKR.
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.

                                Minnesota

    Cook County. The entire county.
    Lake County. The entire county.

                              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.
Athens County. The entire county.
Belmont County. The entire county.
Carroll County. The entire county.
Columbiana County. The entire county.
Coshocton County. The entire county.
Crawford 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.
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.
Marion County. The entire county.
Medina County. The entire county.
Monroe 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.
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.
Vinton 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.

[[Page 37]]

                              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 Covington. 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 Radford. 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.
Bland 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.
Floyd County. The entire county.
Fluvanna County. The entire county.
Franklin 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.
Madison County. The entire county.
Mathews County. The entire county.
Mecklenburg County The entire county.
Middlesex County. The entire county.
Montgomery 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.
Pulaski County. The entire county.

[[Page 38]]

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.
Tazewell 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.
Fayette 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.
McDowell County. The entire county.
Mercer 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.
Raleigh County. The entire county.
Randolph County. The entire county.
Ritchie County. The entire county.
Summers 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.
Wyoming County. The entire county.

                                Wisconsin

Adams County. The entire county.
Ashland County. The entire county.
Bayfield County. The entire county.
Brown County. The entire county.
Calumet County. The entire county.
Clark 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.
Iowa County. The entire county.
Iron County. The entire county.
Jackson 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.
Monroe 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.
Price 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.
Waushara County. The entire county.
Winnebago County. The entire county.
Wood County. The entire county.

[58 FR 39423, July 23, 1993]

    Editorial Note: For Federal Register citations affecting Sec.  
301.45-3, see the List of

[[Page 39]]

CFR Sections Affected, which appears in the Finding Aids section of the 
printed volume and at www.govinfo.gov.



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.
    (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; 72 FR 70764, Dec. 13, 2007; 80 FR 12917, Mar. 
12, 2015]



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

    (a) A certificate may be issued by an inspector for the movement of 
a regulated article or an outdoor household article (OHA) if the 
inspector determines that it is eligible for certification for movement 
to any destination under all Federal domestic plant quarantines 
applicable to such article and:
    (1) It has originated in noninfested premises in a generally 
infested area and has not been exposed to the gypsy moth while within 
the generally infested area; or
    (2) The inspector inspects the article no more than 5 days prior to 
the date of movement during the months of April through August (14 days 
prior to the date of movement from September through March) and finds it 
to be free of the gypsy moth; or
    (3) It has been treated under the direction of an inspector to 
destroy the gypsy moth in accordance with the treatment manual and part 
305 of this chapter; or
    (4) It has been grown, produced, manufactured, stored, or handled in 
such a

[[Page 40]]

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 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

[[Page 41]]

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. An 
owner who wants to move outdoor household articles interstate may self-
inspect the articles and issue an OHA document in accordance with Sec.  
301.45-5(e).

[58 FR 39423, July 23, 1993, as amended at 72 FR 70764, Dec. 13, 2007]



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

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

[[Page 42]]

a copy of the certificate or OHA document to the APHIS State Plant 
Health Director 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; 
72 FR 70764, Dec. 13, 2007]



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 the Federal 
government as a commercial certified applicator under the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136i) in a 
category allowing the application of restricted use pesticides.
    (2) Noncompliance with any of the provisions of this subpart or with 
stipulations agreed on in the compliance agreement between the certified 
applicator and the Administrator.
    (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; 
72 FR 70764, Dec. 13, 2007]



                         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,

[[Page 43]]

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 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

[[Page 44]]

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.
    (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

[[Page 45]]

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]



                        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]

[[Page 46]]



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) of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec.  301.50-2(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.

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 6347, Jan. 28, 1993; 71 
FR 13925, Mar. 20, 2006; 79 FR 21597, Apr. 17, 2014]



Sec.  301.50-2  Regulated articles.

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

[57 FR 54496, Nov. 19, 1992, as amended at 60 FR 55778, Nov. 3, 1995; 65 
FR 51518, Aug. 24, 2000; 71 FR 13925, Mar. 20, 2006; 79 FR 21597, Apr. 
17, 2014]



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

[[Page 47]]

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.
Cumberland 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.
Effingham County. The entire county.
Fayette 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.
Knox 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.
Mercer 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.
Rock Island 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.
Warren 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

The entire State.

                                  Iowa

The entire State.

                                  Maine

Androscoggin County. The entire county.
Cumberland County. The entire county.
Franklin County. The entire county.
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
Oxford County. The entire county.
Penobscot County. The entire county.
Piscataquis County. The entire county.
Sagadahoc County. The entire county.
Somerset County. The entire county.
Waldo County. The entire county.
York County. The entire county.

                                Maryland

Allegany County. The entire county.
Baltimore County. The entire county.
Carroll County. The entire county.
Frederick County. The entire county.
Garrett County. The entire county.
Harford County. The entire county.
Howard County. The entire county.
Montgomery County. The entire county.

[[Page 48]]

Washington County. The entire county.

                              Massachusetts

The entire State.

                                Michigan

The entire State.

                                Minnesota

The entire State.

                                Missouri

Adair County. The entire county.
Clark County. The entire county.
Lewis County. The entire county.
Macon County. The entire county.
Marion County. The entire county.

                              New Hampshire

The entire State.

                               New Jersey

    The entire State.

                                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.
Dutchess 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.
Putnam 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.
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.
Westchester County. The entire county.
Wyoming County. The entire county.
Yates County. The entire county.

                                  Ohio

The entire State.

                              Pennsylvania

The entire State.

                              Rhode Island

The entire State

                                 Vermont

The entire State.

                                Virginia

Clarke County. The entire county.
Loudon County. The entire county.

                              West Virginia

The entire state.

                                Wisconsin

    The entire State.

[57 FR 54496, Nov. 19, 1992]

    Editorial Note: For Federal Register citations affecting Sec.  
301.50-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



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

[[Page 49]]

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(b) 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 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

[[Page 50]]

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 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

[[Page 51]]

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; 75 FR 
4240, Jan. 26, 2010]



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(d)), who desires to move a 
regulated article interstate accompanied by a certificate or limited 
permit must notify an inspector, \7\ at least 48 hours in advance of the 
desired interstate movement.
---------------------------------------------------------------------------

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

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

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

[57 FR 54496, Nov. 19, 1992, as amended at 58 FR 34683, June 29, 1993; 
79 FR 21597, Apr. 17, 2014]



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

[[Page 52]]

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) Regulated articles may be treated in accordance with part 305 of 
this chapter to neutralize the pine shoot beetle.
    (b) 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
    (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; 75 
FR 4240, Jan. 26, 2010]

[[Page 53]]



                     Subpart_Asian Longhorned Beetle

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



Sec.  301.51-1  Definitions.

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



Sec.  301.51-2  Regulated articles.

    The following are regulated articles:
    (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), Cercidiphyllum (katsura), Fraxinus 
(ash), Koelreuteria (golden rain tree), 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; 75 FR 34322, June 17, 2010; 76 FR 52542, Aug. 
23, 2011; 81 FR 39176, June 16, 2016]



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

[[Page 54]]

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:

                              Massachusetts

    Worcester County. The portion of Worcester County, including 
portions or all of the municipalities of Worcester, Holden, West 
Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line 
starting at the intersection of Route 9 (Belmont Street) and the eastern 
boundary of the town of Shrewsbury; then follow the Shrewsbury town 
boundary northerly until the Boylston town boundary; then follow the 
entirety of the Boylston town boundary until it comes to the West 
Boylston town boundary on the Massachusetts Department of Conservation 
and Recreation Watershed property; then along the West Boylston town 
boundary until it intersects Manning Street; then southwest on Manning 
Street in Holden to Wachusett Street (Route 31); then south on Wachusett 
Street to Highland Street (still Route 31); then southwest on Highland 
Street to Main Street; then southeast on Main Street to Bailey Road; 
then south on Bailey Road to Chapin Road; then south on Chapin Road to 
its end; then continuing in a southeasterly direction to Fisher Road; 
then southwest on Fisher Road to Stonehouse Hill Road; then south on 
Stonehouse Hill Road to Reservoir Street; then southeast on Reservoir 
Street until it intersects the Worcester city boundary; turn south on 
Oxford Street to Auburn Street; then southeast on Auburn Street crossing 
under the Massachusetts Turnpike (I-90) and continuing southeast on 
Millbury Street; at the intersection of Washington Street, turn 
northeast and continue along Washington Street to the northern boundary 
of the Massachusetts Turnpike (I-90); then east along the northern 
boundary of the Massachusetts Turnpike (I-90) to the Auburn town 
boundary; then follow the Auburn town boundary northerly to the 
Worcester city boundary; continue along the Worcester city boundary 
until the Shrewsbury town boundary; then follow the entirety of the 
Shrewsbury town boundary until the point of beginning.

                                New York

    New York City. That area in the boroughs of 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 Brooklyn shoreline of 
the East River; then east and north along the shoreline of the East 
River 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; then north on Hamilton Avenue 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,

[[Page 55]]

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.

                                  Ohio

    Clermont County. (1) The portion of Clermont County, including all 
of the municipalities of Tate and East Fork State Park, and the portions 
of the Township of Monroe that include the following land parcels: 
232609C094, 232609C113, 232609C215, 232609C085, 232609C128, 232609B224, 
232609B188, 232609E223, 232609B215, 32609B193, 232609E075, 232609B161, 
232609E156, 232609E245, 232609E037, 232609E074, 232609E230, 232609E031, 
232609E220, 232609E232, 232609E240, 232609E239, 232609E241, 232609E175, 
232609E228, 232609E250, 232609E235, 232609E238, 232609E227, 232609E242, 
32609E226, 232609E249, 232609E236, 232609E234, 232609C217, 232609C040, 
234715.008, 232609C227, 232609C222, 232609C092, 232609C093, 232609C129, 
232609C098, 232609C195, 232609C100, 232609C169, 232609C136, 232609C097, 
232609C139, 232609C148, 232609C042, 232609C150, 232609C182, 234715.009, 
234715.005, 234715.006, 234715.001, 232609E246, 232609E247, 234715.004, 
234715.003, 232609E222, 232609C228, 234425.001, 232609E233, 232609C170, 
232609C216, 232609C196, 232609C105, 232609E237, 232609C225, 232609C091, 
232609C197, 232609C218, 232609C198, 232609C041, 232609C212, 232609C194, 
232609C214, 232609E224, 232609E231, 232609E248, 234715.007, 234715.002, 
232609C120, 232609C226, 232609C229, 232609C043; and
    (2) The portions of the Townships of Batavia and Stonelick that 
include the following land parcels: 302909I048, 304436.008, 302909H084, 
302909K030, 022003B040, 012003H093, 025503D053, 022003B024, 302909G132, 
304436A017, 304436.004, 302909F109, 012003E028, 012003C087, 012003H097, 
022003C080, 302909G120, 302909K046, 302909H083, 302909F116, 012003E031, 
012003C085, 022003B039, 302909G128, 302909F120, 302909H095, 302909F104, 
012003E029, 012003C086, 022003F033, 302912E118, 302909G119, 302909G115, 
302909H082, 302909F115, 012003E027, 302909G010, 022003F015, 302909B081, 
302909G114, 302909H094, 302909I097, 012003E022, 022004H018, 022004H061, 
302909E112, 302909B065, 302909G130, 302909H096, 302909F107, 025503B015, 
012003H078, 022004H019, 302909E113, 302909G129, 304436A018, 302909F118, 
302909I098, 012003E043, 302909G117, 304436A012, 302909E120, 302909B069, 
304436.007, 304436.003, 302909K109, 012003E032, 302909G131, 302909F110, 
302909E116, 302909J087, 302909H089, 302909F123, 302912E029, 012003E037, 
302909F101, 022003A077, 302909E073, 302909J089, 302909H086, 304436.002, 
302909F021, 015503I058, 302909F063, 022003A022, 302909E110, 304436A013, 
304436A019, 304436.001, 302909F102, 012003E041, 302909G133, 302909F130, 
302909E102, 302909E097, 302909H029, 302909F117, 012005H008, 012003E039, 
302909D109, 302909F129, 302909K084, 302909J091, 302909H087, 302909F124, 
302909I099, 012003E026, 302909E043, 302909I095, 302909K055, 302909K051, 
304436.006, 302909B093, 302909K028P, 012003E040, 302909D049, 022003A023, 
302909K107, 302909J086, 304436A020, 302909F128, 302909K110, 025503B013, 
302909E090, 302909E114, 302909K054, 304436A014, 302909H090, 302909K047, 
302909I025, 012003E034, 302909K044, 304436.010, 302909H093, 302909B040, 
012005I010, 025503B012, 302912E135, 302909F132, 302909K032, 304436A015, 
302909H085, 302909F112, 022003A078, 012003H102, 022003E020, 302909F131, 
302909K059, 302909B015, 302909F119, 302909F125, 302909I096, 012003E023, 
022003B038, 302909F022, 302909K108, 302909J041, 302909H088, 302909F113, 
302909I024, 012003E033, 012003E035, 302909B083, 302909K031, 304436.009, 
304436.005, 302909F114, 012003H101, 012003H100, 012003E011, 302909B070, 
302909K099, 302909B103, 302909F122, 302909F127, 022003F034, 012003E024, 
025503I058, 302909B076, 302909K028, 304436A016, 302909B064, 302909F111, 
022003F018, 012003H104, 022003G023, 304436.011, 302909K042, 302909A039, 
302909H091, 302909H097, 302909I023, 012003E036, 022003G022, 302909B038, 
302909K052, 302909F121, 302909K071, 022003A076, 012003C027, 025503B016, 
022003B043, 302909K094, 302909G116, 302909H081, 302909F126, 012005I005, 
012003H094, 025503B017, 022003B044, 302909K092, 302909K106, 302909E106, 
302909K053, 022003G014, 012003I072, 060224.026, 302909G110, 302909D107, 
302909K061, 302909E115, 302909K058, 022003F019, 022003C062, 060224.009, 
302909G109, 302909H018, 302909E016, 302909K057, 012003E038, 012003E030, 
012003D009, 302909G121, 302909G127, 302909H017, 302909E014, 302912B150, 
012003C061, 012003E047, 012003C078, 302909G108, 302909E013, 302909H080, 
302909K027, 302909K066, 012003C028, 012003E046, 302909H099, 022003B042, 
302909H020, 022005G014, 302909K068, 012003C088, 022003B025, 302909G011, 
302909H098, 302909H092, 012003E042, 012003E021, 012003E045, 012005I007, 
302909J067, 302909K105, 302909G122, 302909G123, 302909G124, 302909G125, 
302909G126.

[62 FR 10416, Mar. 7, 1997]

    Editorial Note: For Federal Register citations affecting Sec.  
301.51-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.

[[Page 56]]



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
    (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

[[Page 57]]

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 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

[[Page 58]]

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 pink bollworm and 
the person in possession of the product, article, or means of conveyance 
has actual notice

[[Page 59]]

that it is subject to the restrictions of this subpart.

[32 FR 16385, Nov. 30, 1967]

    Editorial Note: For Federal Register citations affecting Sec.  
301.52, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



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 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]

[[Page 60]]



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 at www.govinfo.gov.



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:
    (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

[[Page 61]]

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 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

[[Page 62]]

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 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

[[Page 63]]

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 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

[[Page 64]]

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:

                                Arkansas

    Ashley County. The entire county.
    Bradley County. The entire county.
    Calhoun County. The entire county.
    Clark County. The entire county.
    Cleveland County. The entire county.
    Columbia County. The entire county.
    Dallas County. The entire county.
    Drew County. The entire county.
    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.
    Pike County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.

                                Colorado

    Boulder County. The entire county.
    Boulder County/Larimer County. The 15 acre property at 8200 Highway 
7 on the Boulder County/Larimer County line.
    Jefferson County. The portion of Jefferson County that is bounded by 
a line starting at the Boulder County line proceeding south along the 
west side of CO-93 to West 80th Avenue; then east on W. 80th Avenue 
(Lyden Road) to the Northwest Boundary marker of Pettridge Park; then 
northeast from the Pettridge Park boundary marker, crossing W. 80th 
Avenue, to the east fence line, crossing the riparian area, and east 
wind fence of the landfill; then north along the east fence line of the 
power generation facility; then north, crossing the railroad tracks, 
following the fence and power lines to CO-72 (Coal Creek Hwy); then 
north, crossing CO-72, following the power line along the west side of 
the cell tower site to the Southwest Boundary marker of Department of 
Interior, U.S. Fish and Wildlife Service, Rocky Flats National Wildlife 
Refuge (RFNWR); continuing north along the west fence line of RFNWR to 
the east fence line of National Renewable Energy Laboratory, Wind 
Technology Center to CO-128 (West 120th Avenue) to the Boulder County 
line.
    Weld County. The Township of Erie.

                               Connecticut

    The entire State.

                          District of Columbia

    The entire district.

                                 Georgia

    Clayton County. The entire county.
    Cobb County. The entire county.
    DeKalb County. The entire county.
    Fayette County. The entire county.
    Fulton County. The entire county.
    Gwinnett County. The entire county.
    Henry County. The entire county.
    Newton County. The entire county.
    Rockdale County. The entire county.
    Walton County. The entire county.
    Whitfield County. The entire county.

                                Illinois

    The entire State.

                                 Indiana

    The entire State.

                                  Iowa

    The entire State.

                                 Kansas

    Johnson County. The entire county.
    Leavenworth County. The entire county.
    Wyandotte County. The entire county.

                                Kentucky

    The entire State.

[[Page 65]]

                                Maryland

    Allegany County. The entire county.
    Anne Arundel County. The entire county.
    Baltimore City. The entire city.
    Baltimore County. The entire county.
    Calvert County. The entire county.
    Carroll County. The entire county.
    Charles County. The entire county.
    Fredrick County. The entire county.
    Garrett County. The entire county.
    Harford County. The entire county.
    Howard County. The entire county.
    Montgomery County. The entire county.
    Prince George's County. The entire county.
    Saint Mary's County. The entire county.
    Washington County. The entire county.

                              Massachusetts

    The entire State.

                                Michigan

    Upper Peninsula:
    Alger County. The entire county.
    Chippewa County. The entire county. [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.]
    Delta County. The entire county.
    Houghton County. The entire county.
    Keweenaw County. The entire county.
    Luce County. The entire county.
    Mackinac County. The entire county.
    Schoolcraft County. The entire county.
    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).

                                Minnesota

    Dakota County. The entire county.
    Hennepin County. The entire county.
    Houston County. The entire county.
    Olmsted County. The entire county.
    Ramsey County. The entire county.
    Winona County. The entire county.

                                Missouri

    The entire State.

                              New Hampshire

    Hillsborough County. The entire county.
    Merrimack County. The entire county.
    Rockingham County. The entire county.

                                New York

    The entire State.

                             North Carolina

    Granville County. The entire county.
    Person County. The entire county.
    Vance County. The entire county.
    Warren County. The entire county.

                                  Ohio

    The entire State.

                              Pennsylvania

    The entire State.

                                Tennessee

    Anderson County. The entire county.
    Blount County. The entire county.
    Bradley County. The entire county.
    Campbell County. The entire county.
    Carter County. The entire county.
    Claiborne County. The entire county.
    Clay County. The entire county.
    Cocke County. The entire county.
    Davidson County. The entire county.
    Fentress County. The entire county.
    Grainger County. The entire county.
    Greene County. The entire county.
    Hamblen County. The entire county.
    Hamilton County. The entire county.
    Hancock County. The entire county.
    Hawkins County. The entire county.
    Jackson County. The entire county.
    Jefferson County. The entire county.
    Johnson County. The entire county.
    Knox County. The entire county.
    Loudon County. The entire county.
    Macon County. The entire county.
    McMinn County. The entire county.
    Meigs County. The entire county.
    Monroe County. The entire county.
    Morgan County. The entire county.
    Overton County. The entire county.
    Pickett County. The entire county.
    Polk County. The entire county.
    Putnam County. The entire county.
    Rhea County. The entire county.
    Roane County. The entire county.
    Scott County. The entire county.
    Sevier County. The entire county.
    Smith County. The entire county.
    Sullivan County. The entire county.
    Unicoi County. The entire county.
    Union County. The entire county.
    Washington County. The entire county.

                                Virginia

    The entire State.

                              West Virginia

    The entire State.

[[Page 66]]

                                Wisconsin

    Adams County. The entire county.
    Brown County. The entire county.
    Buffalo County. The entire county.
    Calumet County. The entire county.
    Columbia County. The entire county.
    Crawford County. The entire county.
    Dane County. The entire county.
    Dodge County. The entire county.
    Door County. The entire county.
    Douglas County. The entire county.
    Fond du Lac County. The entire county.
    Grant County. The entire county.
    Iowa County. The entire county.
    Jackson County. The entire county.
    Juneau County. The entire county.
    Kenosha County. The entire county.
    Kewaunee County. The entire county.
    La Crosse County. The entire county.
    Lafayette County. The entire county.
    Manitowoc County. The entire county.
    Milwaukee County. The entire county.
    Monroe County. The entire county.
    Oneida County. The entire county.
    Oneida Indian Reservation. The entire reservation.
    Ozaukee County. The entire county.
    Racine County. The entire county.
    Richland County. The entire county.
    Rock County. The entire county.
    Sheboygan County. The entire county.
    Trempealeau County. The entire county.
    Vernon County. The entire county.
    Walworth County. The entire county.
    Washington County. The entire county.
    Waukesha County. The entire county.
    Winnebago 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; 72 FR 15598, Apr. 2, 2007; 72 FR 30460, 
June 1, 2007; 74 FR 48000, Sept. 21, 2009; 75 FR 29190, May 25, 2010; 80 
FR 43008, July 21, 2018]



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

[[Page 67]]

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
    (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

[[Page 68]]

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)



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_South American Cactus Moth

    Source: 74 FR 27073, June 8, 2009, unless otherwise noted.



Sec.  301.55  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, upon probable 
cause, to stop and inspect persons and means of conveyance moving in 
interstate commerce and to hold, 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).
---------------------------------------------------------------------------



Sec.  301.55-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Cactus plants. Any of various fleshy-stemmed plants of the botanical 
family Cactaceae.
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of South American cactus moth and may be moved interstate to any 
destination.

[[Page 69]]

    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.  301.55-4(c).
    Infestation. The presence of the South American cactus moth or the 
existence of circumstances that makes it reasonable to believe that the 
South American cactus moth may be 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.  301.55-5(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 (PPQ). 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.  301.55-3(c) or otherwise designated as a quarantined area in 
accordance with Sec.  301.55-3(b).
    Regulated article. Any article listed in Sec.  301.55-2(a) or (b), 
or otherwise designated as a regulated article in accordance with Sec.  
301.55-2(c).
    South American cactus moth. The live insect known as the South 
American cactus moth, Cactoblastis cactorum, in any life stage (egg, 
larva, pupa, adult).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.



Sec.  301.55-2  Regulated articles.

    The following are regulated articles:
    (a) The South American cactus moth, in any living stage of its 
development. \2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
South American cactus moths are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) Cactus plants or parts thereof (excluding seeds and canned, 
preserved, or frozen pads or fruits) of the following genera: Consolea, 
Cylindropuntia, Nopalea, and Opuntia.
    (c) Any other product, article, or means of conveyance not listed in 
paragraphs (a) or (b) of this section that an inspector determines 
presents a risk of spreading the South American cactus moth, 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.  301.55-3  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 South 
American cactus moth has been found by an inspector, in which the 
Administrator has reason to believe that the South American cactus moth 
is present, or that the Administrator considers necessary to quarantine 
because of its inseparability for quarantine enforcement purposes from 
localities where South American cactus moth 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

[[Page 70]]

    (2) The designation of less than the entire State as a quarantined 
area will be adequate to prevent the interstate spread of the South 
American cactus moth.
    (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 written 
notice of the temporary 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 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, or, in the case of publicly owned land, the person responsible for 
the management of, an area for which designation is terminated will be 
given written notice of the termination as soon as practicable.
    (c) The following areas are designated as quarantined areas: The 
States of Alabama, Florida, Georgia, Louisiana, Mississippi, and South 
Carolina.

[74 FR 27073, June 8, 2009, as amended at 75 FR 41074, July 15, 2010]



Sec.  301.55-4  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.  301.555 and 301.55-8;
    (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 (such as canvas, plastic, or closely woven cloth) adequate to 
prevent access by South American cactus moths 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 
articles are cactus pads and fruits for consumption from outside the 
quarantined area that are being moved in accordance with the protocols 
described in a compliance agreement (see Sec.  301.55-6(a)) to a 
commercial food warehouse or distribution center within the quarantined 
area and the regulated articles remain enclosed by a covering (such as 
canvas, plastic, or closely woven cloth) adequate to prevent access by 
South American cactus moths while within the quarantined area: and
    (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 South 
American cactus moth; 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.

[[Page 71]]



Sec.  301.55-5  Issuance and cancellation of certificates and limited
permits.

    (a) An inspector \4\ may issue a certificate 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.
---------------------------------------------------------------------------

    (1) The regulated article to be moved and all other regulated 
articles on the premises have been grown and maintained indoors in a 
shadehouse or greenhouse and no other cactus moth host material exists 
on the premises outside of a shadehouse or greenhouse;
    (2) The regulated article to be moved and all other regulated 
articles on the premises are maintained on benches that are kept 
separate from benches containing non-host material;
    (3) The regulated article to be moved and all other regulated 
articles on the premises have been placed on a 21-day insecticide spray 
cycle and have been sprayed with Bacillus thuringiensis subsp. kurstaki, 
carbaryl, spinosad, or imidaploprid if maintained in the nursery for 
longer than 21 days;
    (4) The regulated article to be moved has been sprayed with Bacillus 
thuringiensis subsp. kurstaki, carbaryl, spinosad, or imidaploprid 3 to 
5 days prior to shipment and inspected and found free of cactus moth egg 
sticks and larval damage; and
    (5) If the regulated article was moved into the premises from 
another premises in a quarantined area listed in Sec.  301.55-3, it was 
immediately placed inside the shadehouse or greenhouse and sprayed with 
Bacillus thuringiensis subsp. kurstaki, carbaryl, spinosad, or 
imidaploprid within 24 hours.
    (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, 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 South 
American cactus moth because life stages of the South American cactus 
moth will be destroyed by the specified handling, processing, or 
utilization;
    (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 
South American cactus moth; and
    (3) It is eligible for unrestricted 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 or limited permit for interstate 
movement of a regulated article after an inspector has determined that 
the regulated article is eligible for a certificate or limited permit in 
accordance with paragraphs (a) or (b) of this section.
    (d) Any certificate or limited permit that has been issued may be 
canceled, either orally or in writing, by an inspector whenever the 
inspector determines that the holder of the 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 
0579-0337)

[[Page 72]]



Sec.  301.55-6  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. \5\
---------------------------------------------------------------------------

    \5\ Compliance agreement forms are available without charge 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 or the terms of the compliance agreement. 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 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 
0579-0337)



Sec.  301.55-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue limited 
permits under Sec.  301.555(c)) who desires a certificate or limited 
permit to move a regulated article interstate must request an inspector 
\6\ to examine the articles 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 4.
---------------------------------------------------------------------------

    (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.  301.55-8  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 
0579-0337)



Sec.  301.55-9  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. APHIS will not be responsible for all 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_Plum Pox

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

[[Page 73]]



Sec.  301.74  Restrictions on interstate movement of regulated articles.

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

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

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



Sec.  301.74-1  Definitions.

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



Sec.  301.74-2  Regulated articles.

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

[[Page 74]]

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

                                New York

Niagara County. (1) That area of Niagara County in the Towns of Burt, 
Newfane, and Wilson bordered on the north by Lake Ontario; bordered on 
the west by Maple Road; then south on Maple Road to Wilson-Burt Road; 
then east on Wilson-Burt Road to Beebe Road; then south on Beebe Road to 
Ide Road; then east on Ide Road to Route 78 (Lockport-Olcott Road); then 
north on Route 78 (Lockport-Olcott Road) to the Lake Ontario shoreline.
    (2) That area of Niagara County in the Town of Lewiston bordered on 
the west by Porter Center Road starting at its intersection with Route 
104 (Ridge Road); then north-northeast on Porter Center Road to Langdon 
Road; then east on Langdon Road to Dickersonville Road; then north on 
Dickersonville Road to Schoolhouse Road; then east on Schoolhouse Road 
to Ransomville Road; then south on Ransomville Road to Route 104 (Ridge 
Road); then northeast on Route 104 (Ridge Road) to Simmons Road; then 
south on Simmons Road to Albright Road; then east on Albright Road to 
Townline Road; then south on Townline Road to Lower Mountain Road; then 
west on Lower Mountain Road to Meyers Hill Road; then south on Meyers 
Hill Road to Upper Mountain Road; then west on Upper Mountain Road to 
Indian Hill Road; then northeast on Indian Hill Road to Route 104 (Ridge 
Road); then east on Route 104 (Ridge Road) to Porter Center Road.
    (3) That area of Niagara County bordered on the north by Lake 
Ontario and on the east by Keg Creek; then south on Keg Creek to Route 
18 (Lake Road); then east on Route 18 (Lake Road) to Hess Road; then 
south on Hess Road to Drake Settlement Road; then west on Drake 
Settlement Road to Transit Road; then north on Transit Road to Route 18 
(Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road; 
then north on Lockport Olcott Road to the Lake Ontario shoreline.
Orleans County. That area of Orleans County in the Towns of Ridgeway and 
Gaines bordered on the north by Route 104 (Ridge Road) at its 
intersection with Eagle Harbor Waterport Road; then south on Eagle 
Harbor Waterport Road to Eagle Habor Knowlesville Road; then west on 
Eagle Harbor Knowlesville Road to Presbyterian Road; then southwest on 
Presbyterian Road to Longbridge Road; then south on Longbridge Road to 
State Route 31; then west on State Route 31 to Wood Road; then south on 
Wood Road to West County House Road; then west on West County House Road 
to Maple Ridge Road; then west on Maple Ridge Road to Culvert Road; then 
north on Culvert Road to Telegraph Road; then west on Telegraph Road to 
Beales Road; then north on Beales Road to Portage Road; then east on 
Portage Road to Culvert Rd; then north on Culvert Road to Route 104 
(Ridge Road).
Wayne County. (1) That area of Wayne County in the Town of Sodus 
bordered on the north by Lake Road at its intersection with Redman Road; 
then east on Lake Road to Maple Avenue; then south on Maple Avenue to 
Middle Road; then west on Middle Road to Rotterdam Road; then south on 
Rotterdam Road to State Route 104; then west on State Route 104 to Pratt 
Road; then south on Pratt Road to Ridge

[[Page 75]]

Road; then west on Ridge Road to Richardson Road; then south on 
Richardson Road to Tripp Road; then south on Tripp Road to Podger Road; 
then west on Podger Road to East Townline Road; then north on East 
Townline Road to Everdyke Road; then west on Everdyke Road to Russell 
Road; then south on Russell Road to Pearsall Road; then west on Pearsall 
Road to State Route 21; then north on State Route 21 to State Route 104; 
then east on State Route 104 to East Townline Road; then north on East 
Townline Road to Van Lare Road; then east on Van Lare Road to Redman 
Road; then north on Redman Road to Lake Road.
    (2) That area of Wayne County in the Towns of Ontario and Williamson 
bordered on the north by Shepard Road at its intersection with Fisher 
Road; then east on Shepard Road to Salmon Creek Road; then southwest on 
Salmon Creek Road to Kenyon Road; then west on Kenyon Road to Furnace 
Road; then north on Furnace Road to Putnam Road; then east on Putnam 
Road to Fisher Road; then north on Fisher Road to Shepard Road.
    (3) That area of Wayne County in the Town of Sodus beginning on the 
Sodus Bay shoreline at Ridge Road; then west on Ridge Road to Boyd Road; 
then north on Boyd Road to Sergeant Road; then north on Sergeant Road to 
Morley Road; then east on Morley Road to State Route 14; then north on 
State Route 14 to South Shore Road; then east on South Shore Road and 
continuing to the shoreline of Sodus Bay.

[65 FR 35264, June 2, 2000, as amended at 75 FR 81089, Dec. 27, 2010; 76 
FR 27219, May 11, 2011]



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

[[Page 76]]

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.
    (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.
    (3) Owners of non-fruit-bearing ornamental tree nurseries. The owner 
of a non-fruit-bearing ornamental 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      Maximum additional       Maximum additional
                                        rate ($/acre, equal to   compensation ($/acre,    compensation ($/acre,
         Age of trees (years)           85% of loss in value)   equal to 85% of loss in  equal to 85% of loss in
                                        based on 3-year fallow   value) for 4th fallow    value) for 5th fallow
                                                period                    year                     year
----------------------------------------------------------------------------------------------------------------
Less than 1..........................                   $3,302                     $954                     $842
1....................................                   11,639                    1,936                    1,721
2....................................                   16,327                    1,936                    1,721
3....................................                   20,725                    1,936                    1,721
4....................................                   26,222                    1,936                    1,721
5....................................                   28,820                    1,936                    1,721
6....................................                   29,592                    1,936                    1,721
7....................................                   29,743                    1,936                    1,721
8....................................                   29,196                    1,936                    1,721
9....................................                   28,581                    1,936                    1,721
10...................................                   27,889                    1,936                    1,721
11...................................                   27,110                    1,936                    1,721
12...................................                   26,234                    1,936                    1,721
13...................................                   25,248                    1,936                    1,721
14...................................                   24,140                    1,936                    1,721
15...................................                   22,892                    1,936                    1,721
16...................................                   21,489                    1,936                    1,721
17...................................                   20,054                    1,936                    1,721
18...................................                   18,582                    1,936                    1,721
19...................................                   17,070                    1,936                    1,721
20...................................                   15,513                    1,936                    1,721
21...................................                   13,905                    1,936                    1,721
22...................................                   12,382                    1,936                    1,721
23...................................                   10,955                    1,936                    1,721
24...................................                    9,638                    1,936                    1,721
25...................................                    8,442                    1,936                    1,721
----------------------------------------------------------------------------------------------------------------


[[Page 77]]

    (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 does not 
exceed 100 percent of the loss in value.

----------------------------------------------------------------------------------------------------------------
                                         Maximum compensation      Maximum additional       Maximum additional
                                        rate ($/acre, equal to   compensation ($/acre,    compensation ($/acre,
         Age of trees (years)           85% of loss in value)   equal to 85% of loss in  equal to 85% of loss in
                                        based on 3-year fallow   value) for 4th fallow    value) for 5th fallow
                                                period                    year                     year
----------------------------------------------------------------------------------------------------------------
Less than 1..........................                   $3,302                     $954                     $842
1....................................                    6,959                    1,072                      953
2....................................                   10,090                    1,072                      953
3....................................                   12,737                    1,072                      953
4....................................                   16,263                    1,072                      953
5....................................                   17,929                    1,072                      953
6....................................                   18,423                    1,072                      953
7....................................                   18,519                    1,072                      953
8....................................                   18,167                    1,072                      953
9....................................                   17,771                    1,072                      953
10...................................                   17,325                    1,072                      953
11...................................                   16,823                    1,072                      953
12...................................                   16,259                    1,072                      953
13...................................                   15,625                    1,072                      953
14...................................                   14,911                    1,072                      953
15...................................                   14,107                    1,072                      953
16...................................                   13,204                    1,072                      953
17...................................                   12,279                    1,072                      953
18...................................                   11,331                    1,072                      953
19...................................                   10,356                    1,072                      953
20...................................                    9,352                    1,072                      953
21...................................                    8,314                    1,072                      953
22...................................                    7,330                    1,072                      953
23...................................                    6,408                    1,072                      953
24...................................                    5,554                    1,072                      953
25...................................                    4,777                    1,072                      953
----------------------------------------------------------------------------------------------------------------

    (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 $5.22 for plum and apricot trees 
and $3.69 for peach and nectarine trees; 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

[[Page 78]]

    (B) The average price per tree is $5.22 for plum and apricot trees 
and $3.69 for peach and nectarine trees.
    (3) Owners of non-fruit-bearing ornamental tree nurseries. Owners of 
non-fruit-bearing ornamental tree nurseries who meet the eligibility 
requirements of paragraph (a)(3) of this section will be compensated for 
up to 85 percent of the net revenues lost from their crop as the result 
of the issuance of an emergency action notification. Net revenues will 
be calculated using an average price of $10.80 per tree or shrub.
    (c) How to apply. The form necessary to submit a claim for 
compensation may be obtained from the National Director of the Plum Pox 
Eradication Program contact listed at http://www.aphis.usda.gov/
plant_health/plant_pest_info/plum_pox/index.shtml. Claims for trees or 
nursery stock destroyed on or before February 3, 2012 must be received 
within 60 days after February 3, 2012. Claims for trees or nursery stock 
destroyed after February 3, 2012 must be received within 60 days after 
the destruction of the trees or nursery stock. Claims must be submitted 
as follows:
    (1) Claims by owners of 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 and owners of non-
fruit-bearing ornamental 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; 
77 FR 5383, Feb. 3, 2012]



                          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

[[Page 79]]

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 stamp, form, or other 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 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.
    Commercial packinghouse. An establishment in which space and 
equipment are maintained for the primary purpose of disinfecting and 
packing citrus fruit for commercial sale. A commercial packinghouse must 
also be licensed, registered, or certified for handling citrus fruit 
with the State in which it operates and meet all the requirements for 
the license, registration, or certification that it holds.
    Compliance agreement. A written agreement between the Animal and 
Plant Health Inspection Service and a person engaged in the business of 
growing, maintaining, processing, handling, packing, or moving 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 stamp, form, or other 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.
    Lot. The inspectional unit for fruit composed of a single variety of 
fruit that has passed through the entire packing process in a single 
continuous run not to exceed a single workday (i.e., a run started one 
day and completed the next is considered two lots).
    Move. Ship, carry, transport, offer for shipment, receive for 
shipment, or allow to be transported by any means.

[[Page 80]]

    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 nursery stock is grown or maintained.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.
    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 nursery stock, regulated plant, regulated 
seed, regulated tree. Any fruit, nursery stock, 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, 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; 72 FR 13427, Mar. 22, 2007; 72 FR 65203, Nov. 19, 2007; 74 
FR 54444, Oct. 22, 2009; 76 FR 23457, Apr. 27, 2011]



Sec.  301.75-2  General prohibitions.

    (a) Regulated articles may not be moved interstate from a 
quarantined area except in accordance with a protocol in Sec. Sec.  
301.75-6, 301.75-7, or 301.75-8, or in accordance with Sec.  301.75-4 if 
less than an entire State is designated as a quarantined area. Regulated 
articles may be moved in accordance with the regulations in Sec.  
301.75-9 for scientific or experimental purposes only.
    (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; 72 FR 13427, 
Mar. 22, 2007]



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.

[[Page 81]]

    (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 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 part 305 of 
this chapter 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 part 305 of 
this chapter before leaving the premises where the regulated fruit is 
unloaded for packing.

[[Page 82]]

    (D) Any equipment that comes in contact with the regulated fruit at 
the packing plant is treated in accordance with part 305 of this chapter 
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 part 305 
of this chapter 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 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 
part 305 of this chapter upon leaving the grove or premises. All 
personnel who enter the grove or premises to provide these services must 
be treated in accordance with part 305 of this chapter 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.

[55 FR 37450, Sept. 11, 1990]

    Editorial Note: For Federal Register citations affecting Sec.  
301.75-4, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



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-

[[Page 83]]

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]



Sec.  301.75-6  Interstate movement of regulated nursery stock from
a quarantined area.

    (a) Regulated nursery stock may not be moved interstate from a 
quarantined area unless such movement is authorized in this section.
    (b) Kumquat (Fortunella spp.) plants, with or without fruit 
attached, 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) The plants are own-root-only and have not been grafted or 
budded;
    (2) The plants are started, are grown, and have been maintained 
solely at the nursery from which they will be moved interstate.
    (3) If the plants are not grown from seed, then the cuttings used 
for propagation of the plants are taken from plants located on the same 
nursery premises or from another nursery that is eligible to produce 
kumquat plants for interstate movement under the requirements of this 
paragraph (b). Cuttings may not be obtained from properties where citrus 
canker is present.
    (4) All citrus plants at the nursery premises have undergone State 
inspection and have been found to be free of citrus canker no less than 
three times. The inspections must be at intervals of 30 to 45 days, with 
the most recent inspection being within 30 days of the date on which the 
plants are removed and packed for shipment.
    (5) All vehicles, equipment, and other articles used in providing 
inspection, maintenance, or related services in the nursery must be 
treated in accordance with part 305 of this chapter before entering the 
nursery to prevent the introduction of citrus canker. All personnel who 
enter the nursery to provide these services must be treated in 
accordance with part 305 of this chapter before entering the nursery to 
prevent the introduction of citrus canker.
    (6) If citrus canker is found in the nursery, all regulated plants 
and plant material must be removed from the nursery and all areas of the 
nursery's facilities where plants are grown and all associated equipment 
and tools used at the nursery must be treated in accordance with part 
305 of this chapter in order for the nursery to be eligible to produce 
kumquat plants to be moved interstate under this paragraph (b). Fifteen 
days after these actions are completed, the nursery may receive new 
kumquat seed or cuttings from a nursery that is eligible to produce 
kumquat plants for interstate movement under this paragraph (b).
    (7) The plants, except for plants that are hermetically sealed in 
plastic bags before leaving the nursery, are completely enclosed in 
containers or vehicle compartments during movement through the 
quarantined area.
    (8) The kumquat plants or trees are accompanied by a limited permit 
issued in accordance with Sec.  301.75-12. The statement ``Limited 
permit: 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'' must be displayed on a plastic or metal tag attached to 
each plant, or on the box or container if the plant is sealed in 
plastic. In addition, this statement must be displayed on the outside of 
any shipping containers used to transport these plants, and the limited 
permit must be attached to the bill of lading

[[Page 84]]

or other shipping document that accompanies the plants.
    (c) Regulated nursery stock produced in a nursery within a 
quarantined area may be moved interstate to any area within the United 
States, if all of the following conditions are met:
    (1) The nursery in which the nursery stock is produced has entered 
into a compliance agreement in which it agrees to meet the relevant 
construction standards, sourcing and certification requirements, 
cleaning, disinfecting, and safeguarding requirements, labeling 
requirements, and recordkeeping and inspection requirements specified in 
a PPQ protocol document. The protocol document will be provided to the 
person at the time he or she enters into the compliance agreement. \1\ 
The compliance agreement may also specify additional conditions 
determined by APHIS to be necessary in order to prevent the 
dissemination of citrus canker under which the nursery stock must be 
grown, maintained, and shipped in order to obtain a certificate for its 
movement. The compliance agreement will also specify that APHIS may 
amend the agreement.
---------------------------------------------------------------------------

    \1\ The protocol document is also available on the Internet at 
http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/
index.shtml and may be obtained from local Plant Protection and 
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (2) An inspector has determined that the nursery has adhered to all 
terms and conditions of the compliance agreement.
    (3) The nursery stock is accompanied by a certificate issued in 
accordance with Sec.  301.75-12.
    (4) The nursery stock is completely enclosed in a sealed container 
that is clearly labeled with the certificate and is moved interstate in 
that container.
    (5) A copy of the certificate is attached to the consignee's copy of 
the accompanying waybill.
    (d) Regulated nursery stock produced in a nursery located in a 
quarantined area that is not eligible for movement under paragraph (b) 
or paragraph (c) of this section may be moved interstate only for 
immediate export. The regulated nursery stock 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.

(Approved by the Office of Management and Budget under control number 
0579-0369)

[72 FR 13427, Mar. 22, 2007, as amended at 74 FR 16104, Apr. 9, 2009; 75 
FR 4240, Jan. 26, 2010; 76 FR 23457, Apr. 27, 2011]



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

    (a) Regulated fruit produced in a quarantined area or moved into a 
quarantined area for packing may be moved interstate with a certificate 
issued and attached in accordance with Sec.  301.75-12 if all of the 
following conditions are met:
    (1) The regulated fruit was packed in a commercial packinghouse 
whose owner or operator has entered into a compliance agreement with 
APHIS in accordance with Sec.  301.75-13.
    (2) The regulated fruit was treated in accordance with part 305 of 
this chapter.
    (3) The regulated fruit is free of leaves, twigs, and other plant 
parts, except for stems that are less than 1 inch long and attached to 
the fruit.
    (4) If the fruit is repackaged after being packed in a commercial 
packinghouse and before it is moved interstate from the quarantined 
area, the person that repackages the fruit must enter into a compliance 
agreement with APHIS in accordance with Sec.  301.75-13 and issue and 
attach a certificate for the interstate movement of the fruit in 
accordance with Sec.  301.75-12.
    (b) Regulated fruit 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.

(Approved by the Office of Management and Budget under control number 
0579-0325)

[74 FR 54444, Oct. 22, 2009, as amended at 75 FR 4240, Jan. 26, 2010]

[[Page 85]]



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 part 305 of 
this chapter.
    (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, as amended at 75 FR 4240, Jan. 26, 2010]



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 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  [Reserved]



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

[[Page 86]]

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) Except as provided in Sec.  
301.75-6(b)(8) for kumquat plants, or in Sec.  301.75-6(c)(4) through 
(c)(5) for any regulated nursery stock, 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, as amended at 72 FR 13428, Mar. 22, 2007; 
74 FR 16104, Apr. 9, 2009; 76 FR 23457, Apr. 27, 2011]



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, or any term or condition of the compliance agreement itself. 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; 
76 FR 23457, Apr. 27, 2011]



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.

[[Page 87]]

    (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 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

[[Page 88]]

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 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

[[Page 89]]

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_Citrus Greening and Asian Citrus Psyllid

    Source: 75 FR 34332, June 17, 2010, unless otherwise noted.



Sec.  301.76  Restrictions on the interstate movement of regulated articles.

    No person may move interstate from any quarantined area any articles 
regulated for citrus greening and Asian citrus psyllid, except in 
accordance with this subpart. \1\
---------------------------------------------------------------------------

    \1\ In order to enforce this section, 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 host articles as provided 
in sections 414, 421, and 434 of the Plant Protection Act (7 U.S.C. 
7714, 7731, and 7754).
---------------------------------------------------------------------------



Sec.  301.76-1  Definitions.

    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 (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Asian citrus psyllid. The insect known as Asian citrus psyllid 
(Diaphorina citri Kuwayama) in any stage of development.
    Certificate. A document, stamp, or other means of identification 
approved by APHIS and issued by an inspector or person operating under a 
compliance agreement when he or she finds that, because of certain 
conditions, a regulated article can be moved safely from an area 
quarantined for Asian citrus psyllid and/or citrus greening without 
spreading the psyllid or the disease.
    Citrus greening. A plant disease, also commonly referred to as 
Huanglongbing disease of citrus, that is caused by several strains of 
the uncultured, phloem-limited bacterial pathogen ``Candidatus 
Liberibacter asiaticus''.
    Commercial citrus grove. A solid-set planting of trees maintained 
for the primary purpose of producing citrus fruit for commercial sale.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in the business of growing, maintaining, processing, handling, 
packing, or moving regulated articles for interstate movement, in which 
the person agrees to comply with this subpart. For the purposes of this 
subpart, a memorandum of understanding is considered a compliance 
agreement.
    EPA. The U.S. Environmental Protection Agency.
    Established population. Presence of Asian citrus psyllid within an 
area that the Administrator determines is likely to persist for the 
foreseeable future.
    Inspector. An individual 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 issued by an inspector or person 
operating under a compliance agreement to allow the interstate movement 
of regulated articles to a specified destination, for specified 
handling, processing, or utilization.
    Moved (move, movement). Shipped, offered for shipment, received for 
transportation, transported, carried (whether on one's person or by any 
other means of conveyance), or allowed to be moved, shipped, 
transported, or carried. For the purposes of this subpart, movements 
include any type of shipment, including mail and Internet commerce.
    Nursery. Any commercial location where nursery stock is grown, 
propagated, stored, maintained, or sold, or any location from which 
nursery stock is distributed.
    Nursery stock. Any plants or plant parts, excluding fruit, intended 
to be planted, to remain planted, or to be replanted. Nursery stock 
includes, but is not limited to, trees, shrubs, cuttings, grafts, 
scions, and buds.
    Person. Any association, company, corporation, firm, individual, 
joint

[[Page 90]]

stock company, partnership, society, or other entity.
    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.
    Quarantined area. Any State or portion of a State designated as a 
quarantined area for Asian citrus psyllid or citrus greening in 
accordance with Sec.  301.76-3.
    Regulated article. Any article listed in Sec.  301.76-2 or otherwise 
designated as a regulated article in accordance with Sec.  301.76-2(c).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[75 FR 34332, June 17, 2010, as amended at 77 FR 59712, Oct. 1, 2012]



Sec.  301.76-2  Regulated articles for Asian citrus psyllid and
citrus greening.

    The following are regulated articles for Asian citrus psyllid and 
citrus greening:
    (a) All plants and plant parts (including leaves), except fruit, of: 
Aegle marmelos, Aeglopsis chevalieri, Afraegle gabonensis, A. 
paniculata, Amyris madrensis, Atalantia spp. (including Atalantia 
monophylla), Balsamocitrus dawei, Bergera (=Murraya) koenigii, 
Calodendrum capense, Choisya ternate, C. arizonica, X Citroncirus 
webberi, Citropsis articulata, Citropsis gilletiana, Citrus madurensis 
(= X Citrofortunella microcarpa), Citrus spp., Clausena anisum-olens, C. 
excavata, C. indica, C. lansium, Eremocitrus glauca, Eremocitrus hybrid, 
Esenbeckia berlandieri, Fortunella spp., Limonia acidissima, Merrillia 
caloxylon, Microcitrus australasica, M. australis, M. papuana, X 
Microcitronella spp., Murraya spp., Naringi crenulata, Pamburus 
missionis, Poncirus trifoliata, Severinia buxifolia, Swinglea glutinosa, 
Tetradium ruticarpum, Toddalia asiatica, Triphasia trifolia, Vepris 
(=Toddalia) lanceolata, and Zanthoxylum fagara.
    (b) Propagative seed of the species listed in paragraph (a) of this 
section is considered a host of citrus greening but not a host of Asian 
citrus psyllid. Therefore, notwithstanding the other provisions of this 
subpart, the movement of propagative seed of these species from an area 
quarantined for citrus greening is prohibited, while the movement of 
such seed from an area quarantined only for Asian citrus psyllid, but 
not for citrus greening, is allowed without restriction.
    (c) Any other product, article, or means of conveyance may be 
designated a regulated article for Asian citrus psyllid or citrus 
greening, if an inspector determines that it presents a risk of 
spreading these pests, and 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.
    (d) Plant parts of the species listed in paragraph (a) of this 
section may be exempted from the regulations in this subpart, provided 
that the parts have been processed such that an inspector determines 
they no longer present a risk of spreading Asian citrus psyllid or 
citrus greening.



Sec.  301.76-3  Quarantined areas; citrus greening and Asian 
citrus psyllid.

    (a) The Administrator will designate an area as a quarantined area 
for citrus greening or as a quarantined area for Asian citrus psyllid in 
accordance with the criteria listed in paragraph (c) of this section. 
The Administrator will publish a description of all areas quarantined 
for citrus greening or Asian citrus psyllid on the Plant Protection and 
Quarantine (PPQ) Web site: (http://www.aphis.usda.gov/plant_health/
plant_pest_info/citrus_greening/index.shtml). The description of each 
quarantined area will include the date the description was last updated 
and a description of any changes that have been made to the quarantined 
area. Lists of all quarantined areas may also be obtained by request 
from any local office of PPQ; local offices are listed in telephone 
directories and on the Internet at (http://www.aphis.usda.gov/services/
report_pest_disease/report_pest_disease.shtml). After a change is made 
to the description of quarantined areas, we will publish a

[[Page 91]]

notice in the Federal Register informing the public that the change has 
occurred and describing the change to the quarantined areas.
    (b) Designation of an area less than an entire State as a 
quarantined area. Less than an entire State will be designated as a 
quarantined area for citrus greening or the Asian citrus psyllid 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 the entire State as a quarantined 
area will prevent the interstate spread of citrus greening or Asian 
citrus psyllid.
    (c) Criteria for designation of a State, or a portion of a State, as 
a quarantined area for citrus greening or Asian citrus psyllid. (1) A 
State, or portion of a State, will be designated as a quarantined area 
for citrus greening when the presence of citrus greening is confirmed 
within the area by an APHIS-administered test.
    (2) A State, or portion of a State, will be designated as a 
quarantined area for Asian citrus psyllid in which an established 
population of Asian citrus psyllids has been detected.
    (3) A State, or portion of a State, will be designated as a 
quarantined area for either citrus greening or Asian citrus psyllid if 
the Administrator considers it necessary to quarantine the area because 
of its inseparability for quarantine enforcement purposes from 
localities in which citrus greening or an established population of 
Asian citrus psyllids has been found.



Sec.  301.76-4  Labeling requirements for regulated nursery stock
produced within an area quarantined for citrus greening.

    (a) Effective September 15, 2010, except as provided in paragraphs 
(b) and (c) of this section, all regulated nursery stock offered for 
commercial sale within an area quarantined for citrus greening must have 
an APHIS-approved plastic or metal tag on which a statement alerting 
consumers to Federal prohibitions regarding the interstate movement of 
the article is prominently and legibly displayed. Alternatively, if the 
article is destined for commercial sale in a box or container, the 
statement may be printed on the box or container, or printed on a label 
permanently affixed to the box or container, provided that, in either 
case, the statement is prominently and legibly displayed. The operator 
of the site of propagation of the nursery stock and the person offering 
the plants for commercial sale are jointly responsible for all such 
labeling.
    (b) Nursery stock produced within a quarantined area for planting in 
a commercial citrus grove within that same area and moved directly to 
that grove, without movement outside of the quarantined area, may be 
moved without being labeled in accordance with paragraph (a) of this 
section.
    (c) Nursery stock that will be moved interstate in accordance with 
Sec.  301.76-7 may be moved without being labeled in accordance with 
paragraph (a) of this section.

(Approved by the Office of Management and Budget under control number 
0579-0363)

[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011]



Sec.  301.76-5  General conditions governing the issuance of any
certificate or limited permit; provisions for cancellation of a 
certificate or limited permit.

    (a) Certificates. In addition to all other relevant conditions 
within this subpart, an inspector or person operating under a compliance 
agreement will issue a certificate only if a regulated article:
    (1) Will 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\ to prevent the spread of Asian 
citrus psyllid; 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).
---------------------------------------------------------------------------

    (2) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the article.

[[Page 92]]

    (b) Limited permits. In addition to all other relevant conditions 
within this subpart, an inspector or person operating under a compliance 
agreement may issue a limited permit for the interstate movement of a 
regulated article only if the regulated article:
    (1) 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 movement 
of the regulated article will not result in the spread of citrus 
greening or the Asian citrus psyllid;
    (2) 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 citrus greening 
and the Asian citrus psyllid; and
    (3) Is eligible for interstate movement under all other Federal 
domestic plant quarantines and regulations applicable to the article.
    (c) Certificates and limited permits for the interstate movement of 
a regulated article 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 he or she has determined that the article is 
eligible for a certificate in accordance with paragraph (a) of this 
section and all other relevant conditions of this subpart. A person 
operating under a compliance agreement may issue a limited permit for 
interstate movement of a regulated article after he or she has 
determined that the article is eligible for a limited permit in 
accordance with paragraph (b) of this section and all other relevant 
conditions of this subpart.
    (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 of the provisions in this subpart or has not complied 
with all the conditions contained in the certificate or limited permit. 
If the withdrawal is oral, the withdrawal and the reasons for the 
withdrawal will be confirmed in writing as soon 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.
    (e) Unless specific provisions exist in Sec.  301.76-6 or Sec.  
301.76-7 of this subpart to allow the interstate movement of a certain 
regulated article, the interstate movement of that article is 
prohibited.

(Approved by the Office of Management and Budget under control number 
0579-0363)



Sec.  301.76-6  Additional conditions for issuance of certificates
and limited permits for regulated articles moved interstate from
areas quarantined for Asian citrus psyllid, but not for citrus
greening.

    (a) Additional conditions for issuance of a certificate; any 
regulated article. In addition to the general conditions for issuance of 
a certificate contained in Sec.  301.76-5(a), an inspector or person 
operating under a compliance agreement may issue a certificate for the 
interstate movement of any regulated article to any State if:
    (1) The article is treated with methyl bromide \3\ in accordance 
with 7 CFR part 305 of this chapter.
---------------------------------------------------------------------------

    \3\ EPA and State and local environmental authorities may restrict 
the use of methyl bromide on certain articles.
---------------------------------------------------------------------------

    (2) The article is shipped in a container that has been sealed with 
an agricultural seal placed by an inspector.
    (3) The container that will be moved interstate is clearly labeled 
with the certificate.
    (4) A copy of the certificate will be attached to the consignee's 
copy of the accompanying waybill.
    (b) Additional conditions for issuance of a certificate; regulated 
nursery stock. In

[[Page 93]]

addition to the general conditions for issuance of a certificate 
contained in Sec.  301.76-5(a), an inspector or person operating under a 
compliance agreement may issue a certificate for interstate movement of 
regulated nursery stock to any State if:
    (1) The nursery in which the nursery stock is produced has entered 
into a compliance agreement with APHIS in which it agrees to meet the 
relevant construction standards, sourcing and certification 
requirements, cleaning, disinfecting, and safeguarding requirements, 
labeling requirements, and recordkeeping and inspection requirements 
specified in a PPQ protocol document. The protocol document will be 
provided to the person at the time he or she enters into the compliance 
agreement. \4\ The compliance agreement may also specify additional 
conditions determined by APHIS to be necessary in order to prevent the 
spread of Asian citrus psyllid under which the nursery stock must be 
grown, maintained, and shipped in order to obtain a certificate for its 
movement. The compliance agreement will also specify that APHIS may 
amend the agreement.
---------------------------------------------------------------------------

    \4\ The protocol document is also available on the Internet at 
http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/
index.shtml and may be obtained from local Plant Protection and 
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (2) An inspector determines that the nursery has adhered to all 
terms and conditions of the compliance agreement.
    (3) The nursery stock is completely enclosed in a sealed container 
that is clearly labeled with the certificate and is moved interstate in 
that container.
    (4) A copy of the certificate is attached to the consignee's copy of 
the accompanying waybill.
    (c) Additional conditions for issuance of a limited permit; 
regulated nursery stock. (1) Nursery stock that will not be moved 
through American Samoa, Arizona, California, Florida, Guam, Hawaii, the 
Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin 
Islands. In addition to the general conditions for the issuance of a 
limited permit contained in Sec.  301.76-5(b), an inspector or person 
operating under a compliance agreement, other than the operator of the 
nursery in which the nursery stock was produced and his or her 
employees, may issue a limited permit for the interstate movement of 
regulated nursery stock through areas of the United States other than 
American Samoa, Arizona, California, Florida, Guam, Hawaii, Louisiana, 
the Northern Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin 
Islands, and to areas of the United States other than those portions of 
Arizona and California that are not quarantined due to the presence of 
Asian citrus psyllid or citrus greening, if:
    (i) The nursery in which the nursery stock is produced has entered 
into a compliance agreement with APHIS in accordance with Sec.  301.76-
8;
    (ii) All citrus nursery stock at the nursery has been inspected by 
an inspector every 30 days, and any findings of Asian citrus psyllid 
during an inspection have been reported to APHIS immediately;
    (iii) The nursery stock is treated for Asian citrus psyllid with an 
APHIS-approved soil drench or in-ground granular application no more 
than 90 days and no fewer than 30 days before shipment, followed by an 
APHIS-approved foliar spray no more than 10 days before shipment. All 
treatments must be applied according to their EPA label, including 
directions on application, restrictions on place of application and 
other restrictions, and precautions, and including statements pertaining 
to Worker Protection Standards;
    (iv) The nursery stock is affixed prior to movement with a plastic 
or metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ. 
Not for distribution in those portions of AZ and CA not quarantined due 
to the presence of Asian citrus psyllid or citrus greening'' is 
prominently and legibly displayed on the obverse, and adequate 
information as determined by APHIS regarding the identity of the nursery 
stock and its source of production to conduct traceback to the nursery 
in which the nursery stock was produced is prominently and legibly 
printed on the reverse. If the nursery stock is destined for movement or 
sale in boxes or containers, the statement and the identifying 
information may be

[[Page 94]]

printed on the box or container, or printed on a label permanently 
affixed to the box or container, provided that, in either case, the 
statement and the identifying information are prominently and legibly 
displayed;
    (v) A copy of the limited permit will be attached to the consignee's 
copy of the accompanying waybill; and
    (vi) The nursery stock is shipped in accordance with the conditions 
specified on the limited permit to the destination specified on the 
permit.
    (2) Nursery stock that will be moved through American Samoa, 
Arizona, California, Florida, Guam, Hawaii, Louisiana, the Northern 
Mariana Islands, Puerto Rico, Texas, or the U.S. Virgin Islands. In 
addition to the general conditions for the issuance of a limited permit 
contained in Sec.  301.76-5(b), an inspector or person operating under a 
compliance agreement may issue a permit for the interstate movement of 
regulated nursery stock through American Samoa, Arizona, California, 
Florida, Guam, Hawaii, Louisiana, the Northern Mariana Islands, Puerto 
Rico, Texas, or the U.S. Virgin Islands, and to areas of the United 
States other than those portions of Arizona and California that are not 
quarantined due to the presence of Asian citrus psyllid or citrus 
greening, if:
    (i) All conditions for movement of regulated nursery stock in 
paragraphs (c)(1)(i) through (c)(1)(vi) of this section are fulfilled;
    (ii) The nursery stock is inspected by an inspector on the date of 
shipment and found free of Asian citrus psyllid;
    (iii) The nursery stock is completely enclosed in a container sealed 
with an agricultural seal and is moved interstate in that container;
    (iv) The container prominently and legibly displays the statement 
and identifying information specified in paragraph (c)(1)(iv) of this 
section;
    (v) The agricultural seal remains intact throughout movement to the 
destination specified on the limited permit; and
    (vi) The agricultural seal is removed at the destination specified 
on the limited permit by an inspector.
    (d) Additional conditions for issuance of a limited permit; 
regulated articles intended for consumption, as apparel or as a similar 
personal accessory, or for other decorative use. \5\ In addition to the 
general conditions for issuance of a limited permit contained in Sec.  
301.76-5(b), an inspector or person operating under a compliance 
agreement may issue a limited permit for the interstate movement of 
regulated articles intended for consumption, as apparel or as a similar 
personal accessory, or for other decorative use if:
---------------------------------------------------------------------------

    \5\ Examples of such articles include Bergera (=Murraya) koenigii 
leaves, as well as Murraya paniculata flowers or foliage.
---------------------------------------------------------------------------

    (1) The articles are treated with irradiation in accordance with 7 
CFR part 305 of this chapter at an irradiation facility that is not 
located in an area quarantined for citrus greening.
    (2) The container that will be used to move the articles interstate 
is clearly labeled with the limited permit, which must contain the name 
of the State or portion of a State where the articles were produced and 
a statement that the articles were treated in accordance with 7 CFR part 
305 of this chapter.
    (3) A copy of the limited permit is attached to the consignee's copy 
of the accompanying waybill.

(Approved by the Office of Management and Budget under control number 
0579-0369)

[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, Apr. 27, 2011; 
77 FR 59712, Oct. 1, 2012; 78 FR 63367, Oct. 24, 2013]



Sec.  301.76-7  Additional conditions for issuance of certificates
and limited permits for regulated articles moved interstate from
areas quarantined for citrus greening.

    (a) Additional conditions for the issuance of a certificate; 
regulated nursery stock produced within a nursery located in the 
quarantined area. In addition to the general conditions for issuance of 
a certificate contained in Sec.  301.76-5(a), an inspector or person 
operating under a compliance agreement may issue a certificate for 
interstate movement of regulated nursery stock to any State if all of 
the following conditions are met:
    (1) The nursery in which the nursery stock is produced has entered 
into a compliance agreement with APHIS in which it agrees to meet the 
relevant construction standards, sourcing and

[[Page 95]]

certification requirements, cleaning, disinfecting, and safeguarding 
requirements, labeling requirements, and recordkeeping and inspection 
requirements specified in a PPQ protocol document. The protocol document 
will be provided to the person at the time he or she enters into the 
compliance agreement. \6\ The compliance agreement may also specify 
additional conditions determined by APHIS to be necessary in order to 
prevent the dissemination of citrus greening under which the nursery 
stock must be grown, maintained, and shipped in order to obtain a 
certificate for its movement. The compliance agreement will also specify 
that APHIS may amend the agreement.
---------------------------------------------------------------------------

    \6\ The protocol document is also available on the Internet at 
http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/
index.shtml and may be obtained from local Plant Protection and 
Quarantine offices, which are listed in telephone directories.
---------------------------------------------------------------------------

    (2) An inspector has determined that the nursery has adhered to all 
terms and conditions of the compliance agreement.
    (3) The nursery stock is completely enclosed in a sealed container 
that is clearly labeled with the certificate and is moved interstate in 
that container.
    (4) A copy of the certificate is attached to the consignee's copy of 
the accompanying waybill.
    (b) Additional conditions for issuance of a limited permit; 
regulated nursery stock grown, produced, or maintained at a nursery or 
other facility located in the quarantined area. In addition to the 
general conditions for issuance of a limited permit contained in Sec.  
301.76-5(b), an inspector or person operating under a compliance 
agreement may issue a limited permit for the interstate movement for 
immediate export of regulated nursery stock grown, produced, or 
maintained at a nursery or other facility located in the quarantined 
area if:
    (1) The nursery stock is treated for Asian citrus psyllid with an 
APHIS-approved soil drench or in-ground granular application, followed 
by an APHIS-approved foliar spray, in accordance with Sec.  301.76-
6(b)(1), or with methyl bromide, in accordance with 7 CFR part 305 of 
this chapter.
    (2) The nursery stock is inspected by an inspector in accordance 
with Sec.  301.76-9 and found free of Asian citrus psyllid, if treated 
in accordance with Sec.  301.76-6(b)(1).
    (3) The nursery stock is affixed prior to movement with a plastic or 
metal tag on which the statement ``Limited permit: USDA-APHIS-PPQ. For 
immediate export only'' is prominently and legibly displayed. If the 
nursery stock is destined for movement or sale in a box or container, 
the statement may be printed on the box or container, or printed on a 
label permanently affixed to the box or container, provided that, in 
either case, the statement is prominently and legibly displayed.
    (4) The nursery stock is accompanied by a copy of this limited 
permit attached to the consignee's copy of the waybill.
    (5) The nursery stock is moved in accordance with the conditions 
specified on the limited permit directly to the port of export specified 
on the limit permit, in a container sealed with an agricultural seal 
placed by an inspector.
    (6) A copy of the limited permit is attached to or legibly printed 
on this container.
    (7) The nursery stock remains in this container, and the container 
remains sealed, as long as the plants are within the United States.
    (c) Except for nursery stock for which a limited permit has been 
issued in accordance with the conditions of paragraph (a) or (b) of this 
section, no other regulated article may be moved interstate from an area 
quarantined for citrus greening.

(Approved by the Office of Management and Budget under control number 
0579-0369)

[75 FR 34332, June 17, 2010, as amended at 76 FR 23458, Apr. 27, 2011; 
77 FR 59712, Oct. 1, 2012]



Sec.  301.76-8  Compliance agreements and cancellation.

    (a) Any person involved in the growing, maintaining, processing, 
handling, packing, treating, or moving of regulating articles from areas 
quarantined for citrus greening or Asian citrus psyllid may enter into a 
compliance agreement when an inspector determines that the person 
understands this

[[Page 96]]

subpart, agrees to comply with its provisions, and agrees to comply with 
all the provisions contained in the compliance agreement. The person 
must also agree to maintain and offer for inspection such records as are 
necessary to demonstrate continual adherence to the requirements of the 
regulations and the provisions of the compliance agreement. \7\
---------------------------------------------------------------------------

    \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, MD 20737-1236, and from local offices of the 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, or any term or condition of the compliance agreement 
itself. 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 wrongly 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.

(Approved by the Office of Management and Budget under control numbers 
0579-0363 and 0579-0369)

[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 
2011; 77 FR 59712, Oct. 1, 2012]



Sec.  301.76-9  Inspection of regulated nursery stock.

    All nursery stock intended for interstate movement for immediate 
export from an area quarantined for citrus greening, must be inspected 
by an inspector \8\ no more than 72 hours prior to movement. The person 
who desires to move the articles interstate must notify the inspector as 
far in advance of the desired interstate movement as possible. The 
articles must be inspected at the place and in the manner the inspector 
designates as necessary to comply with this subpart. If the inspector 
has reason to believe that the interstate movement of the articles may 
lead to the artificial spread of citrus greening or Asian citrus 
psyllid, he or she may deny issuance of a limited permit for interstate 
movement of the article or take other remedial measures to prohibit such 
spread.
---------------------------------------------------------------------------

    \8\ Inspectors are assigned to local offices of APHIS, which are 
listed in local 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, MD 20737-1236.

(Approved by the Office of Management and Budget under control number 
---------------------------------------------------------------------------
0579-0363)

[75 FR 34332, June 17, 2010, as amended at 76 FR 23457, 23459, Apr. 27, 
2011; 77 FR 59712, Oct. 1, 2012]



Sec.  301.76-10  Attachment and disposition of certificates and
limited permits.

    (a) A certificate or limited permit required for the interstate 
movement of a regulated article, or a copy thereof, must, at all times 
during the interstate movement, be:
    (1) Attached to or legibly printed on the outside of the container 
containing the regulated article or attached to the regulated article 
itself, if the article is not packed in a container; and
    (2) Attached to or legibly printed on the sealed container in which 
the article is shipped; and
    (3) Attached to the consignee's copy of the accompanying waybill. 
The host article must be sufficiently described on the certificate or 
limited permit and on the waybill to identify the article.
    (b) The certificate or limited permit for the interstate movement of 
a host article must be furnished by the carrier or the carrier's 
representative to the consignee listed on the certificate or

[[Page 97]]

limited permit upon arrival at the location provided on the certificate 
or limited permit.



Sec.  301.76-11  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. APHIS 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_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

[[Page 98]]

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

[[Page 99]]

Administratively Authorized Procedures to be Used Under the Witchweed 
Quarantine'' and the ``Fumigation Procedures Manual'' and any amendments 
thereto. \1\
---------------------------------------------------------------------------

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

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

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



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

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

[[Page 100]]

which make it safe to so relieve such requirements.

[41 FR 27372, July 2, 1976]



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

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

                             North Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Bladen County. That area located north and east of the Cape Fear 
River.
    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 on U.S. Highway 301 to 
Interstate 95, then northeast on Interstate 95 to U.S. Highway 13, then 
east and northeast on U.S. Highway 13 to the Cumberland-Sampson County 
line.
    The Barker, P.R., farm located on the south side of State Secondary 
Road 2242, 0.2 mile south of Interstate 95 on State Secondary Road 2252.
    The Jackson, Ellis, farm located on the west side of State Secondary 
Road 1003 and 0.4 mile south of its intersection with N.C. Highway 59.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its intersection with U.S. 
Highway 301.
    The McLaughlin, Cornell, farm located on the south side of State 
Secondary Road 2221 and 0.2 mile east of its intersection with State 
Secondary Road 2367.
    The Thigpen, William, farm located on the south side of State 
Secondary Road 2212 and 1 mile west of its intersection with N.C. 
Highway 87.
    Pender County. The Cones Folly farm located along a farm road 2.3 
miles south of its intersection with State Secondary Road 1201 and 2.2 
miles southeast of its intersection with State Secondary Road 1200.
    Robeson County. That area bounded on the west by the Robeson County/
Scotland County line; then by a line running east along the Robeson 
County/Hoke County line to N.C. Highway 211; then southeast on N.C. 
Highway 211 to the Robeson County/Bladen County line; then south along 
the Robeson County/Bladen County line and the Robeson County/Columbus 
County line to U.S. Highway 74; then northwest on U.S. Highway 74 to 
N.C. Highway 41; then south on N.C. Highway 41 to the South Carolina 
State line; and then northwest along the South Carolina State line to 
the Robeson County/Scotland County line. (This area may be more 
generally described as that part of Robeson County lying south and west 
of N.C. Highway 211, bounded by U.S. Highway 74 east of N.C. Highway 41 
and by the South Carolina line west of N.C. Highway 41.)
    The Brown, James, farm located on the south side of a private road 
known as Reola Drive, 0.1 mile east of its intersection with State 
Secondary Road 1823, which intersection is 0.7 mile south of the 
intersection of State Secondary Road 1823 with State Secondary Road 
1774.
    The Buie, Joshua, farm located on a farm road 0.8 mile south of its 
intersection with State Secondary Road 1529 and 0.3 mile southwest of 
the right of way of Interstate Highway 95.
    The Lewis, Knox, farm located on the south side of State Secondary 
Road 1752, 0.5 mile east of its intersection with State Secondary Road 
1318.
    Sampson County. That area bounded on the north by N.C. Highway 24 
and on the east by U.S. Highway 701.
    The Brady-Johnson, William, property located on a private road in 
the town of Salemburg, 0.1 mile north of its intersection with Church 
Street and 0.1 mile west of its intersection with N.C. Highway 242.
    The Carter, Raeford, farm located on the west side of State 
Secondary Road 1144, 0.2 mile north of its intersection with State 
Secondary Road 1143.
    The Lucas, June, estate located at the end of State Secondary Road 
1496, 1.0 mile northwest of its intersection with State Secondary Road 
1233.
    The Parker, David, farm located on the northwest side of the 
intersection of a private road known as David Parker Lane and State 
Secondary Road 1301, 0.5 mile north of the intersection of State 
Secondary Road 1301 with N.C. Highway 24.
    The Riley, Troy Lee, property located 0.05 mile west of the end of a 
private road known as Stage Coach Lane, 0.2 mile north of the 
intersection of Stage Coach Lane and N.C. Highway 24, in the town of 
Autryville.

                             South Carolina

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Horry County. The Bell, Richard, farm located on the east side of 
State Highway 90, 5.7 miles north of its intersection with State Highway 
22.
    The Chestnut, Jacob T., farm located on the west side of an unpaved 
road known as Short Cut Road, 0.2 mile north of its junction with an 
unpaved road known as Pint Circle Road, 0.4 mile east of its junction 
with

[[Page 101]]

and 0.8 mile north of its junction with State Highway 90.
    The Cribbs, L.V., farm located on the west side of an unpaved road 
known as Causey Road, 3.3 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Cribbs, L.V., farm located on the east side of an unpaved road 
known as Causey Road, 2.8 miles north of its intersection with a 
secondary road known as Sandplant Road and 2.1 miles west of its 
intersection with State Highway 76.
    The Gerald, Kenneth, farm located on the south side of a secondary 
highway known as Lake Swamp Road, 0.4 mile east of its intersection with 
a secondary highway known as Nichols Highway South and 1.6 miles south 
of its intersection with State Highway 917.
    The Gerald, Ravenell, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.6 mile north of its junction with 
State Highway 917 and 1.1 miles east of its intersection with a 
secondary highway known as Nichols Highway.
    The Hammonds, Austin J., farm located on the north side of a 
secondary road known as Sandplant Road, 1.5 miles west of its 
intersection with State Highway 76 and 1.7 miles north of its 
intersection with State Highway 9.
    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 Mae, Blossie, farm located on the west side of an unpaved road 
known as Dela Road, 0.3 mile south of its intersection with a secondary 
road known as Pint Circle Road, 0.2 mile west of its intersection with 
State Highway 90, and 3.5 miles north of its intersection with State 
Highway 22.
    The McDaniel, Ellis, farm located on the south side of State Highway 
917, 1.4 miles west of its intersection with a secondary highway known 
as Nichols Highway.
    The Smith, Tommy G., farm located on the south side of a secondary 
road known as Old Chesterfield Road, 0.5 mile east of its intersection 
with State Highway 90 and 2.7 miles north of its intersection with State 
Highway 22.
    The Strickland, Quincy, farm located on the north side of State 
Highway 917, 1.2 miles west of its intersection with a secondary highway 
known as Nichols Highway.
    The Stroud, J.B., farm located on the east side of an unpaved road 
known as Providence Drive, 1.3 miles north of its junction with an 
unpaved road known as Tranquil Road, 0.5 mile west of its junction with 
a secondary highway known as Nichols Highway North and 2.3 miles north 
of its intersection with State Highway 917.
    The Vault, Bennie, farm located on the west side of an unpaved road 
known as Strawberry Road, 0.5 mile south of its junction with State 
Highway 90.
    Vereen, Isiah, farm located on the west side of an unpaved road 
known as West Shore Road, 1.6 miles south of its junction with State 
Highway 90.
    Vereen, Lula, farm located on the north side of a secondary road 
known as Dogwood Road, 1.6 miles north of its intersection with State 
Highway 22, then 0.7 mile east of its intersection with State Highway 
90.
    The Willoughby, Shane, farm located on the north side of an unpaved 
road known as Farming Dale Road, 0.4 mile north of its junction with 
State Highway 917 and 1.1 miles east of its intersection with a 
secondary highway known as Nichols Highway.
    The Worley, Floyd C., farm located on both sides of a secondary road 
known as Sandplant Road, 1.1 miles west of its intersection with State 
Highway 76 and 1.7 miles north of its intersection with State Highway 9.
    Marion County. The Baxley, Warner, farm located on the west side of 
Penderboro Road, 1.6 miles north of its intersection with the State 
Highway 501 Bypass.
    The Best Woods Road and Bubba Road farm located on both sides of 
Best Woods Road, 1.4 miles south of its intersection with State Highway 
76.
    The Erwin, Harold, farm located on the west side of the State 
secondary road known as Laughin Road, 1 mile north of its intersection 
with State Highway 76.
    The Gerald, Issaic, farm located on the west side of a secondary 
road known as Foxworth Road, 0.3 mile northwest of its intersection with 
Secondary Road 9.
    The Holmes, Issaic, farm located on the east side of an unpaved road 
known as Phill Road, 0.5 mile south of its junction with State Highway 9 
and 5 miles east of its intersection with State Highway 41-A.
    The Johnson, J. D., farm located on the west side of an unpaved road 
known as Harold Road, 0.6 mile north of its intersection with Old 
Mullins Road and 1.3 miles west of its intersection with North Main 
Street in Nichols.
    The Keen, Davis, Estate farm located on the south side of an unpaved 
road known as Frazier Road, 0.7 mile northwest of its intersection with 
Secondary Road 9.
    The Richardson, Billy, farm located on the east side of Secondary 
Road 908, 0.8 mile north of its intersection with State Highway 378.
    The Rogers, Paul, farm located on the north side of an unpaved road 
known as Tobacco Barn Road, 0.8 mile west of its intersection with a 
State secondary road known

[[Page 102]]

as E. Sellers Road and 1.7 miles north of its intersection with State 
Highway 41-A.

[68 FR 6604, Feb. 10, 2003, as amended at 68 FR 51876, Aug. 29, 2003; 72 
FR 7925, Feb. 22, 2007; 72 FR 44951, Aug. 10, 2007]



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 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

[[Page 103]]

    (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
    (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,

[[Page 104]]

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 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.

[[Page 105]]

    (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.
    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).

[[Page 106]]

    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]



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

[[Page 107]]

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. The entire county.
    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.
    Lonoke 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.
    Yell County. The entire county.

                               California

    Los Angeles County. That portion of Los Angeles County in the 
Cerritos area bounded by a line beginning at the intersection of Artesia 
Boulevard and Marquardt Avenue; then south along Marquardt Avenue to the 
Los Angeles/Orange County Line; then south and west along the Los 
Angeles/Orange County Line to Carson Street; then west along Carson 
Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
Centralia Street; then west along Centralia Street to Pioneer Boulevard; 
then north along Pioneer Boulevard to South Street; then east along 
South Street to Norwalk Boulevard; then north along Norwalk Boulevard to 
183rd Street; then east along 183rd Street to Bloomfield Avenue; then 
north along Bloomfield Avenue to Artesia Boulevard; then east along 
Artesia Boulevard to the point of beginning.
    That portion of Los Angeles County in the Azusa area bounded by a 
line beginning at the intersection of Irwindale Avenue and Foothill 
Boulevard; then east along Foothill Boulevard to Azusa Avenue; then 
south along Azusa Avenue to East Fifth Street; then east along East 
Fifth Street to North Cerritos Avenue; then south along North Cerritos 
Avenue to Arrow Highway; then west along Arrow Highway to Azusa Avenue, 
then south along Azusa Avenue to Covina Boulevard; then west along an 
imaginary line to the intersection of Martinez Street and Irwindale 
Avenue; then north along Irwindale Avenue to the point of beginning.
    Orange County. The entire county.
    Riverside County. That portion of Riverside County in the Indio area 
bounded by a line beginning at the intersection of Avenue 50 and Jackson 
Street; then south along Jackson Street to 54th Avenue; then west along 
54th Avenue to Madison Street; then north along Madison Street to Avenue 
50; then east along Avenue 50 to the point of beginning.
    That portion of Riverside County in the Moreno Valley area bounded 
by a line beginning at the intersection of Reche Vista Drive and Canyon 
Ranch Road; then southeast along Canyon Ranch Road to Valley Ranch Road; 
then east along Valley Ranch Road to Michael Way; then south along 
Michael Way to Casey Court; then east along Casey Court to the Moreno 
Valley City Limits; then south and east along the Moreno Valley City 
Limits to Pico Vista Way; then southwest along Pico Vista Way to Los 
Olivos Drive; then south along Los Olivos Drive to Jaclyn Avenue; then 
west along Jaclyn Avenue to Perris Boulevard; then south along Perris 
Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard 
Street; then north along Hubbard Street to Nightfall Way; then west and 
south along Nightfall Way to Sundial Way; then west along Sundial Way to 
Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then west 
along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest Lane 
to Moonraker Lane; then west along Moonraker Lane to Davis Street; then 
south along Davis Street to Gregory Lane; then west along Gregory Lane 
to Heacock Street; then northwest along an imaginary line to the 
intersection of Lake Valley Drive and Breezy Meadow Drive; then north 
along Breezy Meadow Drive to its intersection with Stony Creek; then 
north along an imaginary line to the

[[Page 108]]

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 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.

[[Page 109]]

    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 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.
    Iredell County. That portion of the county lying south of State 
Highway 150.
    Johnston County. The entire county.
    Jones County. The entire county.
    Lee County. The entire county.
    Lenoir County. The entire county.
    Lincoln County. That portion of the county lying east of State 
Highway 321.
    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

[[Page 110]]

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.
    Rutherford County. That portion of the county lying south of State 
Highway 74.
    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

    The entire State.

                                Tennessee

    Anderson County. That portion of the county lying east and south of 
a line beginning at the intersection of the Roane/Anderson County line 
and Tennessee Highway 330; then northeast on Tennessee Highway 330 to 
Tennessee Highway 116; then north on Tennessee Highway 116 to Interstate 
75; then southeast on Interstate 75 to the Anderson/Knox County line.
    Bedford County. The entire county.
    Benton County. The entire county.
    Bledsoe County. The entire county.
    Blount County. The entire county.
    Bradley County. The entire county.
    Carroll County. The entire county.
    Chester County. The entire county.
    Coffee County. That portion of the county lying west and south of a 
line beginning at the intersection of the Cannon/Coffee County line and 
Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road; 
then southeast on Riddle Road to Keele Road; then northeast on Keele 
Road to Tennessee Highway 55; then northeast on Tennessee Highway 55 to 
Swann Road; then east on Swann Road to Wiser Road; then north on Wiser 
Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then 
north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road 
to the Coffee/Warren County line.
    Crockett County. That portion of the county lying east of a line 
beginning at the intersection of the Haywood/Crockett County line and 
U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee 
Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; 
then northeast on Tennessee Highway 54 to the Crockett/Gibson County 
line.
    Cumberland County. That portion of the county lying southeast of a 
line beginning at the intersection of the White/Cumberland County line 
and 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 northeast on Chestnut Hill Road 
to Westchester Drive; then north on Westchester Drive to Peavine Road; 
then east on Peavine Road to Hebbertsburg Road; then northeast on 
Hebbertsburg Road 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

[[Page 111]]

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. The entire county.
    Hamilton County. The entire county.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    Haywood County. That portion of the county lying southeast of 
Tennessee Highway 54.
    Henderson County. The entire county.
    Hickman County. The entire county.
    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 Interstate 40; then east on 
Interstate 40 to the Humphreys/Hickman County line.
    Knox County. That portion of the county lying southwest of a line 
beginning at the intersection of the Union/Knox County line and 
Tennessee Highway 33; then south on Tennessee Highway 33 to the 
Tennessee River; then northeast along the Tennessee River to the French 
Broad River; then east along the French Broad River to the Knox/Sevier 
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.
    Morgan County. That portion of the county lying south of a line 
beginning at the intersection of the Cumberland/Morgan County line and 
Tennessee Highway 298; then northeast on Tennessee Highway 298 to 
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the 
Morgan/Roane County line.
    Perry County. The entire county.
    Polk County. The entire county.
    Rhea County. The entire county.
    Roane County. The entire county.
    Rutherford County. The entire county.
    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. The entire county.
    Warren County. That portion of the county lying southeast of a line 
beginning at the intersection of the Coffee/Warren County line and 
Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north 
on Fred Hoover Road to Tennessee Highway 287; then northwest on 
Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road 
to Swan Mill Road; then east on Swan Mill Road to Grove Road; then 
southeast on Grove Road to Tennessee Highway 108/127; then northeast on 
Tennessee Highway 108/127 to the split between Tennessee Highway 108 and 
Tennessee Highway 127; then northeast on Tennessee Highway 127 to 
Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fairview 
Road; then northeast on Fairview Road to Tennessee Highway 8; then 
southeast on Tennessee Highway 8 to Dark Hollow Road; then north on Dark 
Hollow Road to Tennessee Highway 30; then northeast on Tennessee Highway 
30 to the Warren/Van Buren County line.
    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

[[Page 112]]

Road; then northeast on Clovercroft Road to Rocky Fork Road; then east 
on Rocky Fork Road to the Rutherford/Williamson County line. Also, that 
portion of the county enclosed by a line beginning at the intersection 
of the Maury/Williamson County line and Tennessee Highway 246; then 
north on Tennessee Highway 246 to Thompson Station Road West; then east 
on Thompson Station Road West to Thompson Station Road East; then east 
on Thompson Station Road East to Interstate 65; then south on Interstate 
65 to the Williamson/Maury 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.
    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.

[[Page 113]]

    Real County. The entire county.
    Red River County. The entire county.
    Refugio County. The entire county.
    Robertson County. The entire county.
    Rockwall County. The entire county.
    Rusk County. The entire county.
    Sabine County. The entire county.
    San Augustine County. The entire county.
    San Jacinto County. The entire county.
    San Patricio County. The entire county.
    San Saba County. The entire county.
    Shelby County. The entire county.
    Smith County. The entire county.
    Somervell County. The entire county.
    Stephens County. The entire county.
    Tarrant County. The entire county.
    Taylor County. The entire county.
    Titus County. The entire county.
    Tom Green County. The entire county.
    Travis County. The entire county.
    Trinity County. The entire county.
    Tyler County. The entire county.
    Upshur County. The entire county.
    Uvalde County. The entire county.
    Val Verde County. The entire county.
    Van Zandt County. The entire county.
    Victoria County. The entire county.
    Walker County. The entire county.
    Waller County. The entire county.
    Washington County. The entire county.
    Webb County. The entire county.
    Wharton County. The entire county.
    Wichita County. The entire county.
    Willacy County. The entire county.
    Williamson County. The entire county.
    Wilson County. The entire county.
    Wise County. The entire county.
    Wood County. The entire county.
    Young County. The entire county.
    Zavala County. The entire county.

[57 FR 57327, Dec. 4, 1992]

    Editorial Note: For Federal Register citations affecting Sec.  
301.81-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



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 part 305 of this chapter, 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 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; 75 FR 4240, Jan. 26, 2010]

[[Page 114]]



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

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

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

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

    \5\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destory, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3)(i) Is free of an imported fire ant infestation, based on his or 
her visual examination of the article;
    (ii) Has been grown, produced, manufactured, stored, or handled in a 
manner that would prevent infestation or destroy all life stages of the 
imported fire ant;
    (iii) Has been treated in accordance with part 305 of this chapter; 
or.
    (iv) If the article is containerized nursery stock, it has been 
produced in accordance with Sec.  301.81-11.
    (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; 75 FR 4240, Jan. 
26, 2010]



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 part 305 of this chapter, 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

[[Page 115]]

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; 75 
FR 4240, Jan. 26, 2010]



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

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

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

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



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

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

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

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

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

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



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

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



Sec.  301.81-11  Imported fire ant detection, control, exclusion, 
and enforcement program for nurseries producing containerized plants.

    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 in accordance with Sec.  301.81-6. Such compliance 
agreements shall state the specific requirements that a shipper

[[Page 116]]

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.
    (a) Detection. (1) Nursery owners are required to visually survey 
their entire premises twice monthly for the presence of imported fire 
ants.
    (2) 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.
    (b) Control. Nursery plants that are shipped under this program must 
originate in a nursery that meets the requirements of this section. 
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 in accordance with part 305 of 
this chapter at least once every 6 months. The first application must be 
performed early in the spring. Followup treatments with a contact 
insecticide in accordance with part 305 of this chapter must be applied 
to eliminate all remaining colonies.
    (c) Exclusion. (1) For plants grown on the premises, treatment of 
soil or potting media in accordance with part 305 of this chapter prior 
to planting is required.
    (2) 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:
    (i) Obtained from nurseries that comply with the requirements of 
this section and that operate under a compliance agreement in accordance 
with Sec.  301.81-6; or
    (ii) Treated upon delivery in accordance with part 305 of this 
chapter, and within the specified number of days be either:
    (A) Repotted in treated potting soil media;
    (B) Retreated in accordance with part 305 of this chapter at the 
specified interval; or
    (C) Shipped.
    (d) Enforcement. (1) The nursery owner must maintain records of the 
nursery's surveys and treatments for the imported fire ant. These 
records must be made available to State and Federal inspectors upon 
request.
    (2) If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates for 
movement will 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. 
During this period, certification may be based upon treatments for 
plants in accordance with part 305 of this chapter.
    (3) 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 must 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

[[Page 117]]

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.
    (4) 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.

[75 FR 4240, Jan. 26, 2010]

Subpart--Unshu Oranges [Reserved]



                         Subpart_Golden Nematode

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

                       Quarantine and Regulations



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

    (a) Notice of quarantine. Under the authority of sections 411, 412, 
414, and 434 of the Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 
7754), the Secretary of Agriculture quarantines the State of New York in 
order to prevent the spread of the golden nematode (Globodera 
rostochiensis), which causes a dangerous disease of potatoes and certain 
other plants and is not widely prevalent or distributed within and 
throughout the United States. Through the aforementioned authorities, 
the Secretary imposes a quarantine on the State of New York with respect 
to the interstate movement from that State of the articles described in 
paragraph (b) of this section, issues regulations in this subpart 
governing the movement of such articles, and gives notice of this 
quarantine action.
    (b) Quarantine restrictions on interstate movement of specified 
regulated articles. No common carrier or other person shall move 
interstate from any quarantined State any of the following articles 
(defined in Sec.  301.85-1 as regulated articles), except in accordance 
with the conditions prescribed in this subpart:
    (1) Soil, compost, humus, muck, peat, and decomposed manure, 
separately or with other things.
    (2) Plants with roots, except soil-free aquatic plants.
    (3) Grass sod.
    (4) Plant crowns and roots for propagation.
    (5) True bulbs, corms, rhizomes, and tubers of ornamental plants.
    (6) Irish potatoes included within any one or more of the following 
paragraph (b)(6)(i), (ii), or (iii) of this section:
    (i) Irish potatoes for seed; and
    (ii) Irish potatoes unless--
    (A) Each is at least 1\1/2\ inches in diameter based on measurement 
by a sizing screen or sizing chain, each is substantially free of soil 
as a result of grading (a method of removing soil mechanically) under a 
compliance agreement in accordance with Sec.  301.85-5(b), and they are 
moved in an approved container; or
    (B) Each is substantially free of soil as a result of washing or 
fluming under a compliance agreement in accordance with Sec.  301.85-
5(b), and they are moved in an approved container; or
    (iii) Irish potatoes harvested from a field tested and found by an 
inspector to contain an identifiable population of viable golden 
nematodes, unless such field had been subsequently treated in accordance 
with paragraph (b)(6)(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

[[Page 118]]

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]



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.

[[Page 119]]

    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 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

[[Page 120]]

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 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.
    Livingston County. (A) That portion of land in the area of South 
Lima North Muck in the town of Lima bounded as follows: Beginning at a 
point along the north side of South Lima Rd. marked by latitude/
longitude coordinates 42.8553, -77.6738; then north along a farm road to 
coordinates 42.8588, -77.6712; then east along a farm road to 
coordinates 42.8596, -77.6678; then north along a farm road to 
coordinates 42.8624, -77.6683; then east along a farm road to 
coordinates 42.8624, -77.6648; then north along a farm road to 
coordinates number 42.8735, -77.6651; then west along a farm road to 
coordinates number 42.8735, -77.6684; then south along Little Conesus 
Creek to coordinates 42.8712, -77.6693; then west to include a portion 
of an access road and gravel clean off site to coordinates 42.8712, -
77.6705; then south to coordinates 42.8711, -77.6704; then east to 
coordinates 42.8711, -77.6699; then north to coordinates 42.8712, -
77.6698; then east to coordinates 42.8711, -77.6693; then south along 
Little Conesus Creek to coordinates 42.8688,

[[Page 121]]

-77.6702; then west along a farm road to coordinates 42.8688, -77.6713; 
then south along a farm road to coordinates 42.8659, -77.6733; then 
south along a farm road to coordinates 42.8642, -77.6740; then west 
along a farm road to coordinates 42.8643, -77.6761; then south along a 
farm road to coordinates 42.8567, -77.6802; then east to coordinates 
42.8564, -77.6741; then south along Little Conesus Creek to coordinates 
42.8553, -77.6745; then east to point of beginning at coordinates 
42.8553, -77.6738;
    (B) That portion of land in the area of South Lima South Muck in the 
town of Lima bounded as follows: Beginning at a point along the south 
side of South Lima Rd. marked by latitude/longitude coordinates 42.8552, 
-77.6774; then south to coordinates 42.8548, -77.6774; then east to 
coordinates 42.8548, -77.6767; then south to coordinates 42.8509, -
77.6770; then south to coordinates 42.8447, -77.6772; then east to 
coordinates 42.8446, -77.6739; then north along a farm road to 
coordinates 42.8477, -77.6728; then east along a farm road to 
coordinates 42.8488, -77.6700; then north along a farm road to 
coordinates 42.8512, -77.6701; then west along a farm road to 
coordinates 42.8512, -77.6720; then north along a farm road to 
coordinates 42.8516, -77.6720; then west along a farm road to 
coordinates 42.8518, -77.6740; then north to coordinates 42.8541, -
77.6740; then west to coordinates 42.8545, -77.6766; then north to 
coordinates 42.8552, -77.6765; then west to point of beginning at 
coordinates 42.8552, -77.6774;
    (C) That portion of land in the area of Wiggle Muck in the town of 
Livonia bounded as follows: Beginning at a point along the west side of 
Plank Rd. (State highway 15A) marked by latitude/longitude coordinates 
42.8489, -77.6136; then west to coordinates 42.8491, -77.6203; then 
south along a farm road to coordinates 42.8468, -77.6192; then south 
along a farm road to coordinates 42.8419, -77.6188; then east to 
coordinates 42.8422, -77.6161; then north along a farm road to 
coordinates 42.8487, -77.6168; then east to the west side of Plank Rd. 
marked by coordinates 42.8487, -77.6135; then north to point of 
beginning at coordinates 42.8489, -77.6136; and
    (D) That portion of land in the town of Avon bounded as follows: 
Beginning at a point marked by latitude/longitude coordinates 42.9056, -
77.6872; then east along a farm road to coordinates 42.9054, -77.6850; 
then east along a farm road to coordinates 42.9060, -77.6825; then north 
along a drainage ditch to coordinates 42.9069, -77.6823; then north 
along a drainage ditch to coordinates 42.9079, -77.6847; then north to 
coordinates 42.9103, -77.6844; then west along the south side of a farm 
road to coordinates 42.9103, -77.6857; then south along a farm road to 
point of beginning at coordinates 42.9056, -77.6872.
    Nassau County. (A) That portion of land in the town of Oyster Bay 
and the village of Old Brookville bounded as follows: Beginning at a 
point marked by latitude-longitude coordinates 40.8312 -73.5917; then 
proceeding north-northwest 152[min] along Hegemans Lane to coordinates 
40.8317, -73.5917; continuing north-northwest 581[min] along Hegemans 
Lane to coordinates 40.8332, -73.5920; then heading north 473[min] along 
Hegemans Lane to coordinates 40.8345, -73.5921; continuing north 
461[min] along Hegemans Lane to coordinates 40.8358, -73.5921; 
continuing north 182[min] along Hegemans Lane to coordinates 40.8363, -
73.5921; continuing north 1227[min] along Hegemans Lane to coordinates 
40.8397, -73.5920; continuing north 718[min] along Hegemans Lane to 
coordinates 40.8416, -73.5919; then heading west 188[min] to Chicken 
Valley Road at coordinates 40.8416, -73.5926: then heading southwest 
70[min] along Chicken Valley Road to coordinates 40.8415, -73.5928; 
continuing southwest 297[min] along Chicken Valley Road to coordinates 
40.8409, -73.5936; continuing southwest 106[min] along Chicken Valley 
Road to coordinates 40.8407, -73.5938; continuing southwest 155[min] 
along Chicken Valley Road to coordinates 40.8404, -73.5914; continuing 
southwest 142[min] along Chicken Valley Road to coordinates 40.8400, -
73.5944; continuing southwest 125[min] along Chicken Valley Road to 
coordinates 40.8397, -73.5946; continuing southwest 36[min] along 
Chicken Valley Road to coordinates 40.8397, -73.5947: continuing 
southwest 38[min] along Chicken Valley Road to coordinates 40.8396, -
73.5948; continuing southwest 201[min] along Chicken Valley Road to 
coordinates 40.8392, -73.5953; continuing southwest 98[min] along 
Chicken Valley Road to coordinates 40.8390, -73.5955; continuing 
southwest 61[min] along Chicken Valley Road to coordinates 40.8389, -
73.5957; continuing southwest 187[min] along Chicken Valley Road to 
coordinates 40.8384, -73.5960; continuing southwest 62[min] along 
Chicken Valley Road to coordinates 40.8383, -73.5962; continuing 
southwest 142[min] along Chicken Valley Road to coordinates 40.8380, -
73.5965; continuing southwest 252[min] along Chicken Valley Road to 
coordinates 40.8375, -73.5971; then heading southeast 254[min] along a 
wood line to coordinates 40.8370, -73.5965; then heading south-southeast 
269[min] along a wood line to coordinates 40.8363, -73.5963; continuing 
south-southeast 182[min] along a wood line to coordinates 40.8358, -
73.5962; then heading south 303[min] along a wood line to coordinates 
40.8350, -73.5961; then heading south-southeast 175[min] along a wood 
line to coordinates 40.8346, -73.5958; then heading south 329[min] along 
a farm road to coordinates 40.8337, -73.5957; then heading southwest 
76[min] along a farm road to coordinates 40.8335, -73.5958; then heading 
west-southwest 104[min] along a farm road to coordinates 40.8334, -
73.5962; then heading south-southwest 278[min] along a farm road to 
coordinates 40.8327, -73.5965; then heading

[[Page 122]]

southeast 1441[min] along the south boundary of the Young's Farm to the 
starting point at coordinates 40.8312, -73.5917;
    (B) That portion of land in the town of Oyster Bay and in the 
village of Old Brookville bounded as follows: Beginning at a point 
marked by latitude-longitude coordinates 40.8343, -73.5921; then heading 
south 399[min] along Hegemans Lane to coordinates 40.8332, -73.5920; 
then heading 403[min] northeast along a tree line to coordinates 
40.8335, -73.5906; then heading 263[min] north to coordinates 40.8342, -
73.5906; then heading northwest 6[min] along Linden Lane to coordinates 
40.8342, -73.5906; continuing northwest 98[min] along Linden Lane to 
coordinates 40.8343, -73.5909; continuing northwest 52[min] along Linden 
Lane to coordinates 40.8344, -73.5911; then continuing 54[min] northwest 
along Linden Lane to coordinates 40.8344, -73.5913; then heading 
southwest 43[min] along Linden Lane to coordinates 40.8344, -73.5915; 
then continuing southwest 170[min] to the starting point at coordinates 
40.8343, -73.5921;
    (C) That portion of land in the town of Oyster Bay and the village 
of Old Brookville bounded as follows: Beginning at a point marked by 
latitude-longitude coordinates 40.8365, -73.5874; then heading south 
452[min] to coordinates 40.8352, -73.5873; then proceeding northeast 
583[min] to coordinates 40.8356, -73.5853; then heading north-northwest 
400[min] to coordinates 40.8367, -73.5855; then heading 529[min] 
southwest to the starting point at coordinates 40.8365, -73.5874;
    (D) That portion of land in the town of Oyster Bay in the villages 
of Upper Brookville and Matinecock bounded as follows: Beginning at a 
point marked by latitude-longitude coordinates 40.8631, -73.5671; 
proceeding south 240[min] along Chicken Valley Road to coordinates 
40.8625, -73.5670; continuing south 293[min] along Chicken Valley Road 
to coordinates 40.8617, -73.5670; continuing south 131[min] along 
Chicken Valley Road to coordinates 40.8613, -73.5670; proceeding south-
southwest 116[min] along Chicken Valley Road to coordinates 40.8610, -
73.5671; continuing south-southwest 113[min] along Chicken Valley Road 
to coordinates 40.8670, -73.5672; proceeding southwest 116[min] along 
Chicken Valley Road to coordinates 40.8604, -3.5674; continuing 
southwest 337[min] along Chicken Valley Road to coordinates 40.8596, -
73.5679; continuing southwest 82[min] along Chicken Valley Road to 
coordinates 40.8594, -73.5680; then heading east-northeast 819[min] 
through a wooded area to coordinates 40.8596, -73.5651; then heading 
southeast 1462[min] through a wooded area to coordinates 40.8558, -
73.5634; continuing southeast 1065[min] through a wooded area to 
coordinates 40.8531, -73.5618; then heading northeast 1167[min] along 
the border with a golf course to coordinates 40.8547, -73.5581; 
continuing northeast 317[min] along the border with the golf course to 
coordinates 40.8552, -73.5573; then heading east-northeast 1278[min] 
along the border with a golf course to coordinates 40.8557, -73.5527; 
then heading south 275[min] along the border with a golf course to 
coordinates 40.8549, -73.5526; then heading northeast 873[min] along the 
golf course boundary to coordinates 40.8564, -73.5501; then heading 
northwest 1463[min] through a wooded area to coordinates 40.8602, -
73.5519; then heading 615[min] southwest along the border of a 
residential area to coordinates 40.8599, -73.5541; then heading 280[min] 
northwest through a wooded area to coordinates 40.8604, -73.5548; then 
heading north-northwest 188[min] along a residential driveway to 
coordinates 40.8609, -73.5549; then heading west 337[min] along a 
residential driveway to coordinates 40.8609, -73.5561; then heading 
northwest 309[min] along a residential driveway to coordinates 40.8617, 
-73.5565; then heading north-northwest 103[min] along a residential 
driveway to coordinates 40.8620, -73.5566; continuing north-northwest 
38[min] along a residential driveway to coordinates 40.8621, -73.5566; 
then heading north 108[min] along a residential driveway to coordinates 
40.8624, -73.5566; then heading northwest 135[min] along a residential 
driveway to coordinates 40.8627, -73.5567; continuing northwest 95[min] 
along a residential driveway to coordinates 40.8630, -73.5568; then 
heading east 106[min] to a residential driveway at coordinates 40.8630, 
-73.5565; then heading northeast 172[min] along a residential driveway 
to coordinates 40.8631, -73.5558; continuing northeast 160[min] along a 
residential driveway to coordinates 40.8633, -73.5553; continuing 
northeast 20[min] along a residential driveway to coordinates 40.8633, -
73.5552; continuing northeast 141[min] along a residential driveway to 
coordinates 40.8636, -73.5549; continuing northeast 106[min] along a 
residential driveway to coordinates 40.8639, -73.5547; then heading 
north-northeast 20[min] along a residential driveway to coordinates 
40.8639, -73.5547; continuing north-northeast 107[min] along a 
residential driveway to coordinates 40.8642, -73.5546; continuing north-
northeast 111[min] along a residential driveway to coordinates 40.8645, 
-73.5545; continuing north-northeast 207[min] along a residential 
driveway to coordinates 40.8650, -73.5545; then heading north 53[min] 
along a residential driveway to coordinates 40.8652, -73.5545; then 
heading northeast 153[min] along a paved driveway to coordinates 
40.8655, -73.5540; continuing northeast 173[min] along a paved driveway 
to coordinates 40.8657, -73.5535; continuing northeast 71[min] along a 
paved driveway to coordinates 40.8658, -73.5533; then heading north-
northeast 47[min] along a paved driveway to coordinates 40.8659, -
73.5532; continuing north-northeast 70[min] along a paved driveway to 
coordinates 40.8661, -73.5531; continuing north-northeast 79[min] along 
a paved driveway to coordinates 40.8663, -73.5530; then heading north-
northeast 109[min] along a paved driveway to coordinates 40.8666, -
73.5530; then heading north 129[min] along a paved driveway to 
coordinates 40.8669,

[[Page 123]]

-73.5529; continuing north 122[min] along a paved driveway to 
coordinates 40.8673, -73.5529; then heading north-northeast 182[min] 
along a paved driveway to coordinates 40.8678, -73.5527; then heading 
north 23[min] along a paved driveway to coordinates 40.8678, -73.5527; 
then heading north-northwest 36[min] along a paved driveway to Planting 
Fields Road at coordinates 40.8679, -73.5528; then heading southwest 
6[min] along Planting Fields Road to coordinates 40.8679, -73.5528; 
continuing southwest 48[min] along Planting Fields Road to coordinates 
40.8679, -73.5530; then heading west 339[min] along Planting Fields Road 
to coordinates 40.8679, -73.5542; then heading west-southwest 93[min] 
along Planting Fields Road to coordinates 40.8679, -73.5545; then 
heading southwest 69[min] along Planting Fields Road to coordinates 
40.8678, -73.5548; continuing southwest 79[min] along Planting Fields 
Road to coordinates 40.8677, -73.5550; continuing southwest 133[min] 
along Planting Fields Road to coordinates 40.8675, -73.5554; continuing 
southwest 60[min] along Planting Fields Road to coordinates 40.8674, -
73.5556; continuing southwest 71[min] along Planting Fields Road to 
coordinates 40.8674, -73.5558; heading west-southwest 225[min] along 
Planting Fields Road to coordinates 40.8672, -73.5566; continuing west-
southwest 89[min] along Planting Fields Road to coordinates 40.8672, -
73.5570; continuing west-southwest 132[min] along Planting Fields Road 
to coordinates 40.8671, -73.5574, then heading southwest 91[min] along 
Planting Fields Road to coordinates 40.8670, -73.5577; continuing 
southwest 59[min] along Planting Fields Road to coordinates 40.8669, -
73.5579; continuing southwest 240[min] along Planting Fields Road to 
coordinates 40.8665, -73.5586; continuing southwest 219[min] along 
Planting Fields Road to coordinates 40.8661, -73.5592; continuing 
southwest 89[min] along Planting Fields Road to coordinates 40.8660, -
73.5594; continuing southwest 132[min] along Planting Fields Road to 
coordinates 40.8658, -73.5598; continuing southwest 93[min] along 
Planting Fields Road to coordinates 40.8657, -73.5602; continuing 
southwest 97[min] along Planting Fields Road to coordinates 40.8655, -
73.5605; continuing southwest 90[min] along Planting Fields Road to 
coordinates 40.8654, -73.5608; continuing southwest 131[min] along 
Planting Fields Road to coordinates 40.8653, -73.5612; continuing 
southwest 80[min] along Planting Fields Road to coordinates 40.8652, -
73.5614; continuing southwest 257[min] along Planting Fields Road to 
coordinates 40.8649, -73.5623; continuing southwest 133[min] along 
Planting Fields Road to coordinates 40.8647, -73.5627; continuing 
southwest 59[min] along Planting Fields Road to coordinates 40.8646, -
73.5629; continuing southwest 85[min] along Planting Fields Road to 
coordinates 40.8645, -73.5632; then heading west-southwest 177[min] 
along Planting Fields Road to coordinates 40.8644, -73.5638; continuing 
west-southwest 213[min] along Planting Fields Road to coordinates 
40.8643, -73.5646; then heading southwest 89[min] along Planting Fields 
Road to coordinates 40.8642, -73.5649; continuing southwest 58[min] 
along Planting Fields Road to coordinates 40.8642, -73.5651; continuing 
southwest 133[min] along Planting Fields Road to coordinates 40.8639, -
73.5654; continuing southwest 325[min] along Planting Fields Road to 
coordinates 40.8635, -73.5664; continuing southwest 116[min] along 
Planting Fields Road to coordinates 40.8633, -73.5668; continuing 
southwest 100[min] along Planting Fields Road to the intersection with 
Chicken Valley Road at starting point coordinates 40.8631, -73.5671; and
    (E) That portion of land in the town of Oyster Bay and in the hamlet 
of Old Bethpage bounded as follows: Beginning at a point marked by 
latitude-longitude coordinates 40.7703, -73.4460; then proceeding 
southwest 1997[min] through a wood line to Winding Road at coordinates 
40.7655, -73.4493; then heading southeast 102[min] along Winding Road to 
coordinates 40.7653, -73.4490; continuing southeast 57[min] along 
Winding Road to coordinates 40.7652, -73.4488; then heading south-
southeast 52[min] along Winding Road to coordinates 40.7650, -73.4488; 
continuing south-southeast 99[min] along Winding Road to coordinates 
40.7648, -73.4487; then heading south 654[min] along Winding Road to 
coordinates 40.7630, -73.4485; then heading southeast 24[min] along a 
ramp to coordinates 40.7629, -73.4485; then heading northeast 2134[min] 
through a wood line to coordinates 40.7644, -73.4411; then heading 
north-northwest 1197[min] along the Nassau County-Suffolk County Border 
to coordinates 40.7677, -73.4417; then heading southwest 250[min] 
through a wood line to coordinates 40.7676, -73.4426; then heading 
132[min] north-northwest along Restoration Road to coordinates 40.7679, 
-73.4426; then heading northeast 311[min] along Restoration Road to 
coordinates 40.7687, -73.4422; then heading northwest 96[min] along 
Restoration Road to coordinates 40.7689, -73.44245; continuing northwest 
262[min] along Restoration Road to coordinates 40.7695, -73.4430; 
continuing northwest 173[min] along Restoration Road to coordinates 
40.7699,-73.4433; continuing northwest 33[min] along Restoration Road to 
coordinates 40.7699, -73.4434; then heading southwest 275[min] along 
Restoration Road to coordinates 40.76942, -73.4440; continuing southwest 
194[min] along Restoration Road to coordinates 40.76900, -73.4445; then 
heading north-northwest 334[min] along a gravel path to coordinates 
40.7698, -73.4448; then heading northwest 364[min] along a gravel path 
to the starting point at coordinates 40.7703, -73.4460.
    Orleans County. (A) That portion of land in the town of Barre 
bounded as follows: Beginning at a point on the north side of Spoil Bank 
Road marked by latitude-longitude coordinates 43.1327, -78.1234; then 
east along a farm road running parallel to Spoil Bank Road to 
coordinates 43.1327, -78.1191; then

[[Page 124]]

north along a willow hedge row to coordinates 43.1354, -78.1191; then 
west along a drainage ditch to coordinates 43.1353, -78.1227; then 
northwest along a drainage ditch to coordinates 43.1354, -78.1230; then 
northwest to coordinates 43.1355, -78.1232; then west to coordinates 
43.1355, -78.1233; then southwest to coordinates 43.1354, -78.1234; then 
south along a drainage ditch to the point of beginning at coordinates 
43.1327, -78.1234;
    (B) That portion of land in the town of Barre bounded as follows: 
Beginning at a point marked by latitude-longitude coordinates 43.1548, -
078.1199; then east along a farm road to coordinates 43.1548, -078.1166; 
then south to coordinates 43.1524, -078.1167; then west to coordinates 
43.1524, -078.1199; then north along a willow hedgerow to the point 
beginning at coordinates 43.1548, -078.1199; and
    (C) That portion of land in the town of Barre bounded as follows: 
Beginning at a point marked by latitude-longitude coordinates 43.1551, -
78.1240; then west to coordinates 43.1551, -78.1244; then southwest to 
coordinates 43.1550, -78.1245; then southwest to coordinates 43.1550, -
78.1245; then south to coordinates 43.1549, -78.1245; then west along a 
drainage ditch to coordinates 43.1548, -78.1264, then north to 
coordinates 43.1596, -78.1266; then east along a farm road to 
coordinates 43.1597, -78.1243; then south along a willow hedge to the 
point of beginning at coordinates 43.1551, -78.1240.
    Seneca County. The town of Tyre.
    Steuben County. (A) The towns of Prattsburgh and Wheeler.
    (B) The area known as ``Arkport Muck North'' located in the town of 
Dansville bounded as follows: Beginning at a point along the west bank 
of the Marsh Ditch that intersects a farm road marked by latitude/
longitude coordinates 42.4230, -77.7121; then north along the Marsh 
Ditch to coordinates 42.4314, -77.7158; then west along a farm road to 
coordinates 42.4307, -77.7204; then south along the edge of a forest to 
coordinates 42.4284, -77.7194; then west along a farm road to 
coordinates 42.4282, -77.7201; then south along a farm road to 
coordinates 42.4255, -77.7189; then east along a tree line to 
coordinates 42.4254, -77.7180; then south along a tree line to 
coordinates 42.4230, -77.7157; then east to point of beginning at 
coordinates 42.4230, -77.7121;
    (C) The area known as ``Arkport Muck South'' located in the town of 
Dansville bounded as follows: Beginning at a point along the west side 
of New York Route 36 marked by latitude/longitude coordinates 42.4034, -
77.6986; then north along the west side of New York Route 36 to 
coordinates 42.4145, -77.6999; then west along a farm road to 
coordinates 42.4145, -77.7029; then north along a farm road to 
coordinates 42.4160, -77.7036; then west along a farm road to 
coordinates 42.4162, -77.7083; then north along the west bank of the 
Marsh Ditch to coordinates 42.4186, -77.7097; then west along a farm 
road to coordinates 42.4181, -77.7121; then north along a farm road to 
coordinates 42.4214, -77.7140; then west along a farm road to 
coordinates 42.4211, -77.7198; then south along the east side of the 
Conrail right-of-way (Erie Lackawanna Railroad) to coordinates 42.4050, 
-77.7107; then east along a farm road to coordinates 42.4049, -77.7038; 
then south along a farm road to coordinates 42.4034, -77.7030; then east 
to point of beginning at coordinates 42.4034, -77.6986;
    (D) That portion of land in the town of Cohocton (formerly known as 
the ``Werthwhile Farm'') 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
    (E) That portion of land 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 42.4368, -77.5751; then 
west along the farm road to coordinates 42.4367, -77.5780; then south to 
coordinates 42.4360, -77.5780; then west to coordinates 42.4359, -
77.5807; then south to coordinates 42.4335, -77.5806; then east to 
coordinates 42.4333, -77.5778; then south to coordinates 42.4318, -
77.5777; then east to coordinates 42.4323, -77.5771; then north to 
coordinates 42.4330, -77.5763; then east to coordinates 42.4330, -
77.5761; then north to coordinates 42.4349, -77.5756; then east to 
coordinates 42.4349, -77.5749; then north to the point of beginning at 
coordinates 42.4368, -77.5751.
    Suffolk County. (A) Towns of Riverhead, East Hampton, Southampton, 
Southold, and Shelter Island in their entirety in Suffolk County;
    (B) That portion of land in the town of Huntington and the hamlet of 
Melville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7767, -72.4202; then proceeding southwest 
788[min] along Broad Hollow Rd. to coordinates 40.7746, -72.4210; then 
heading east 2354[min] along Huntington Quadrangle Rd. to coordinates 
40.7748, -72.4125; then heading south 2095[min] parallel to Maxess Rd. 
to coordinates 40.7691, -72.4121; then heading southeast 250[min] along 
Bayliss Rd. to coordinates 40.7689, -72.4113; then heading 2734[min] 
north to coordinates 40.7764, -72.4114; then heading east 1820[min] to 
coordinates 40.7767, -72.4049; then heading north 233[min] along 
Pinelawn Rd. to coordinates 40.7773, -72.4048; then heading west 
4267[min] to the starting point at coordinates 40.7767, -72.4202;
    (C) That portion of land in the town of Huntington and the hamlet of 
Melville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7954, -72.4080; then proceeding south 1645[min]

[[Page 125]]

along the west boundary of White Post Farms to coordinates 40.7909, -
72.4073; then proceeding east 1110[min] along the south boundary of 
White Post Farms and a housing development to coordinates 40.7910, -
72.4033; then heading north 2033[min] parallel to Bedell Place to 
coordinates 40.7965, -72.4041; then heading southwest 1170[min] along 
Old Country Road to the starting point at coordinates 40.7954, -72.4080;
    (D) That portion of land in the town of Huntington and the hamlet of 
Dix Hills bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.7904, -72.3410; then proceeding southeast 
306[min] along Deer Park Road to coordinates 40.7896, -72.3407; 
continuing southeast 272[min] along Deer Park Road to coordinates 
40.7888, -72.3404; continuing southeast 530[min] along Deer Park Road to 
coordinates 40.7874, -72.3399; then proceeding northeast 1002[min] along 
the south boundary of the DeLalio Sod Company to coordinates 40.7883, -
72.3364; then proceeding northwest 541[min] along the east boundary of 
the DeLalio Sod Company and the Garden Depot to coordinates 40.7897, -
72.3371; continuing northwest 554[min] along the east boundary of field 
15-C-21 to coordinates 40.7911, -72.3377; then proceeding southwest 
952[min] along the north boundary of field 15-C-21 to the starting point 
at coordinates 40.7904, -72.3410; and
    (E) That portion of land in the town of Brookhaven and the hamlet of 
Manorville bounded as follows: Beginning at a point marked by latitude-
longitude coordinates 40.8542, -72.8240; then proceeding northeast 
442[min] along South Street to coordinates 40.8545, -72.8225; continuing 
northeast 1086[min] along South Street to coordinates 40.8550, -72.8186; 
then proceeding east 413[min] to coordinates 40.8551, -72.8171 at the 
intersection of South Street and Wading River Rd.; then proceeding 
northwest 714[min] along Wading River Road to coordinates 40.8568, -
72.8183; then continuing northwest 695[min] along Wading River Road to 
coordinates 40.8586, -72.8194; continuing northwest 497[min] along 
Wading River Road to coordinates 40.8598, -72.8202; continuing northwest 
221[min] along Wading River Road to coordinates 40.8603, -72.8205; 
continuing northwest 203[min] along Wading River Road to coordinates 
40.8608, -72.8209; continuing 194[min] along Wading River Road to 
coordinates 40.8613, -72.8212; continuing 212[min] along Wading River 
Road to coordinates 40.8618, -72.8215; proceeding northwest 30[min] to 
coordinates 40.8618, -72.8216; then heading 45[min] west to coordinates 
40.8618, -72.8218; then heading 183[min] southwest along the south ramp 
of the Long Island Expressway to coordinates 40.8617, -72.8224; then 
heading west 179[min] parallel with the south ramp of the Long Island 
Expressway to coordinates 40.8617, -72.8231; then continuing west 
182[min] to coordinates 40.8617, -72.8237; continuing west 299[min] 
parallel with the south ramp of the Long Island Expressway to 
coordinates 40.8618, -72.8248; then proceeding 201[min] southeast to 
coordinates 40.8617, -72.8255; continuing southwest 88[min] to 
coordinates 40.8615, -72.8257; then south 83[min] along a wood line to 
coordinates 40.8613, -72.8257; continuing south 116[min] along a wood 
line to coordinates 40.8610, -72.8257; continuing southeast 96[min] 
along a wood line to coordinates 40.8607, -72.8256; then heading 92[min] 
southwest along the wood line to coordinates 40.8605, -72.8257; then 
heading 47[min] south along the wood line to coordinates 40.8603, -
72.8257; then heading southeast 194[min] along the wood line to 
coordinates 40.8599, -72.8261; continuing 87[min] southwest along the 
wood line to coordinates 40.8597, -72.8262; continuing 200[min] 
southwest along the wood line to coordinates 40.8592, -72.8265; then 
heading southeast 112[min] along the wood line to coordinates 40.8589, -
72.8264; then heading east 232[min] along the wood line to coordinates 
40.8589, -72.8256; then heading south 828[min] along the wood line to 
coordinates 40.8566, -72.8253; then heading east 246[min] along the 
northern boundary of a horse farm to coordinates 40.8567, -72.8244; then 
heading south 940[min] along the boundary of a horse farm to the 
starting point at coordinates 40.8542, -72.8240.
    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; 76 FR 60358, Sept. 29, 2011; 78 FR 1714, Jan. 9, 
2013; 78 FR 3827, Jan. 17, 2013; 80 FR 59553, Oct. 2, 2015]



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.

[[Page 126]]

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

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



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

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

    (a) Any regulated articles except soil samples for processing, 
testing, or analysis may be moved interstate from any quarantined State 
under the following conditions:
    (1) With certificate or permit issued and attached in accordance 
with 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.

[[Page 127]]

    (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 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

[[Page 128]]

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 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

[[Page 129]]

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

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



Sec.  301.85-9  Movement of live golden nematodes.

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



Sec.  301.85-10  Nonliability of the Department.

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



                       Subpart_Pale Cyst Nematode

    Source: 72 FR 51984, Sept. 12, 2007, unless otherwise noted.



Sec.  301.86  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.  301.86-1  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.
    Associated field. A field that has been found to be at risk for 
infestation with pale cyst nematode in accordance with Sec.  301.86-
3(c)(2).
    Certificate. A document in which an inspector or person operating 
under a compliance agreement affirms that a specified regulated article 
is free of pale cyst nematode 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.  301.86-4.
    Field. A defined production site that is managed separately from 
surrounding areas for phytosanitary purposes.
    Infestation (infested). The presence of the pale cyst nematode or 
the existence of circumstances that makes it reasonable to believe that 
the pale cyst nematode is present.
    Infested field. A field that has been found to be infested with pale 
cyst nematode in accordance with Sec.  301.86-3(c)(1).
    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.  301.86-5(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.
    Nursery stock. Living plants and plant parts intended to be planted, 
to remain planted, or to be replanted.

[[Page 130]]

    Pale cyst nematode. The pale cyst nematode (Globodera pallida), in 
any stage of development.
    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 portion of a State designated as a 
quarantined area in accordance with the provisions in Sec.  301.86-3.
    Regulated article. Any article listed in Sec.  301.86-2 or otherwise 
designated as a regulated article in accordance with Sec.  301.86-2(i).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec.  301.86-2  Regulated articles.

    The following are regulated articles:
    (a) Pale cyst nematodes. \2\
---------------------------------------------------------------------------

    \2\ Permit and other requirements for the interstate movement of 
pale cyst nematodes are contained in part 330 of this chapter.
---------------------------------------------------------------------------

    (b) The following pale cyst nematode host crops:

Eggplant (Solanum melongena L.)
Pepper (Capsicum spp.)
Potato (Solanum tuberosum L.)
Tomatillo (Physalis philadelphica)
Tomato (Lycopersicon esculentum L.)

    (c) Root crops.
    (d) Garden and dry beans (Phaseolus spp.) and peas (Pisum spp.).
    (e) All nursery stock.
    (f) Soil, compost, humus, muck, peat, and manure, and products on or 
in which soil is commonly found, including grass sod and plant litter.
    (g) Hay, straw, and fodder.
    (h) Any equipment or conveyance used in an infested or associated 
field that can carry soil if moved out of the field.
    (i) Any other product, article, or means of conveyance not listed in 
paragraphs (a) through (h) of this section that an inspector determines 
presents a risk of spreading the pale cyst nematode, 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.

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec.  301.86-3  Quarantined areas.

    (a) Designation of quarantined areas. In accordance with the 
criteria listed in paragraph (c) of this section, the Administrator will 
designate as a quarantined area each field that has been found to be 
infested with pale cyst nematode, each field that has been found to be 
associated with an infested field, and any area that the Administrator 
considers necessary to quarantine because of its inseparability for 
quarantine enforcement purposes from infested or associated fields. The 
Administrator will publish the description of the quarantined area on 
the Plant Protection and Quarantine Web site, http://www.aphis.usda.gov/
plant_health/plant_pest_info/potato/pcn.shtml. The description of the 
quarantined area will include the date the description was last updated 
and a description of the changes that have been made to the quarantined 
area. The description of the quarantined area may also be obtained by 
request from any local office of PPQ; local offices are listed in 
telephone directories. After a change is made to the quarantined area, 
we will publish a notice in the Federal Register informing the public 
that the change has occurred and describing the change to the 
quarantined area.
    (b) Designation of an area less than an entire State as a 
quarantined area. 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 pale cyst nematode.
    (c) Criteria for designation of fields as infested fields and 
associated fields. (1)

[[Page 131]]

Infested fields. The Administrator will designate a field as an infested 
field when a pale cyst nematode is found in the field.
    (2) Associated fields. The Administrator will designate a field as 
an associated field when pale cyst nematode host crops, as listed in 
Sec.  301.86-2(b), have been grown in the field in the last 10 years and
    (i) The field shares a border with an infested field; or
    (ii) The field came into contact with a regulated article listed in 
Sec.  301.86-2 from an infested field within the last 10 years; or
    (iii) Within the last 10 years, the field shared ownership, tenancy, 
seed, drainage or runoff, farm machinery, or other elements of shared 
cultural practices with an infested field that could allow spread of the 
pale cyst nematode, as determined by the Administrator.
    (d) Removal of fields from quarantine--(1) Infested fields. An 
infested field will be removed from quarantine when a protocol approved 
by the Administrator as sufficient to support removal of infested fields 
from quarantine has been completed and the field has been found to be 
free of pale cyst nematode.
    (2) Associated fields. An associated field will be removed from 
quarantine when the field has been found to be free of pale cyst 
nematode according to a protocol approved by the Administrator as 
sufficient to support removal of associated fields from quarantine.
    (3) Removal of other areas from quarantine. If the Administrator has 
quarantined any area other than infested or associated fields because of 
its inseparability for quarantine enforcement purposes from infested or 
associated fields, as provided in paragraph (a) of this section, that 
area will be removed from quarantine when the relevant infested or 
associated fields are removed from quarantine.

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec.  301.86-4  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.  301.86-5 and 301.86-8;
    (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 (except for refueling and for traffic conditions such 
as traffic lights and stop signs); and
    (C) The regulated article is not unpacked or unloaded in the 
quarantined area; and
    (D) 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 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.



Sec.  301.86-5  Issuance and cancellation of certificates and
limited permits.

    (a) Certificates. An inspector \3\ or person operating under a 
compliance agreement may issue a certificate for the interstate movement 
of a regulated article if the inspector determines that

[[Page 132]]

the regulated article satisfies the general requirements for a 
certificate in paragraph (a)(1) of this section and any requirements 
that may apply to the regulated article under paragraphs (a)(2) through 
(a)(7) of this section.
---------------------------------------------------------------------------

    \3\ 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) Certification requirements for all regulated articles. The 
regulated article must 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 
the pale cyst nematode. In addition, the regulated article must be 
eligible for unrestricted movement under all other Federal domestic 
plant quarantines and regulations applicable to the regulated article.
---------------------------------------------------------------------------

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

    (2) Certification requirements for nursery stock--(i) Potatoes. 
Potatoes intended for use as nursery stock (i.e., seed potatoes) are 
prohibited from being moved interstate from the quarantined area.
    (ii) Nursery stock of other host crops. An inspector may issue a 
certificate for the interstate movement of nursery stock of pale cyst 
nematode host crops other than potatoes, as listed in Sec.  301.86-2(b), 
if the nursery stock was grown in a field that meets the following 
requirements:
    (A) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (B) The pale cyst nematode has not been found in the field; and
    (C) No more than one pale cyst nematode host crop, as listed in 
Sec.  301.86-2(b), has been grown in the last 3 years.
    (iii) Nursery stock of non-host crops--(A) With soil. An inspector 
may issue a certificate for the interstate movement of nursery stock of 
non-host crops moved with soil if the nursery stock was grown in a field 
that meets the following requirements:
    (1) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (2) The pale cyst nematode has not been found in the field; and
    (3) No more than one pale cyst nematode host crop, as listed in 
Sec.  301.86-2(b), has been grown in the field in the last 3 years.
    (B) Without soil (bare-rooted). An inspector may issue a certificate 
for the interstate movement of nursery stock of non-host crops moved 
without soil if the inspector finds the nursery stock to be free of soil 
on its roots and on all other parts of the plant.
    (3) Certification requirements for potatoes for consumption, root 
crops for consumption, garden or dry beans, and peas. An inspector may 
issue a certificate for the movement of potatoes intended for 
consumption, root crops intended for consumption, garden or dry beans, 
or peas from the quarantined area only if the field in which the 
potatoes, root crops, garden or dry beans, or peas were grown meets the 
following requirements:
    (i) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years and prior to the planting of 
the potatoes or root crops;
    (ii) Pale cyst nematode has not been found in the field; and
    (iii) No more than one pale cyst nematode host crop, as listed in 
Sec.  301.86-2(b), has been grown in the field in the last 3 years.
    (4) Certification requirements for soil and associated products. An 
inspector may issue a certificate for the interstate movement of a 
regulated article listed in Sec.  301.86-2(e) only if the article 
originated in a field that meets the following requirements:
    (i) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (ii) The pale cyst nematode has not been found in the field; and
    (iii) No more than one pale cyst nematode host crop, as listed in 
Sec.  301.86-2(b), has been grown in the last 3 years.
    (5) Certification requirements for hay, straw, and fodder. An 
inspector may issue a certificate for the movement of

[[Page 133]]

hay, straw, or fodder from the quarantined area only if:
    (i) The field where the hay, straw, or fodder was produced meets the 
following requirements:
    (A) The field has been surveyed by an inspector for pale cyst 
nematode at least once in the last 3 years;
    (B) The pale cyst nematode has not been found in the field; and
    (C) No more than one pale cyst nematode host crop, as listed in 
Sec.  301.86-2(b), has been grown in the field in the last 3 years; or
    (ii) The hay, straw, or fodder is produced according to procedures 
judged by an inspector to be sufficient to isolate it from soil 
throughout its production.
    (6) Certification requirements for equipment used in infested or 
associated fields. An inspector may issue a certificate for the 
interstate movement of equipment that has been used in an infested or 
associated field and that can carry soil if moved out of the field only 
after the equipment has been pressure-washed under the supervision of an 
inspector to remove all soil or steam-treated in accordance with part 
305 of this chapter.
    (b) Limited permits--(1) General conditions. An inspector \5\ may 
issue a limited permit for the interstate movement of a regulated 
article if the inspector determines that:
---------------------------------------------------------------------------

    \5\ See footnote 3 to Sec.  301.86-5(a).
---------------------------------------------------------------------------

    (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 pale 
cyst nematode because life stages of the pale cyst nematode will be 
destroyed by the specified handling, processing, or utilization;
    (ii) 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 pale cyst nematode; and
    (iii) The regulated article is eligible for interstate movement 
under all other Federal domestic plant quarantines and regulations 
applicable to the regulated article.
    (2) Specific conditions for potatoes for consumption. An inspector 
may issue a limited permit to allow the interstate movement of potatoes 
from the quarantined area for processing or packing only if:
    (i) The potatoes are transported in a manner that prevents the 
potatoes and soil attached to the potatoes from coming into contact with 
agricultural premises outside the quarantined area; and
    (ii) The potatoes are processed or packed at facilities that handle 
potatoes, waste, and waste water in a manner approved by APHIS to 
prevent the spread of pale cyst nematode.
    (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 provisions in this subpart for the use of the 
certificate or limited permit or has not complied with all the 
conditions contained in 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

[[Page 134]]

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 
0579-0322)

[72 FR 51984, Sept. 12, 2007, as amended at 74 FR 19381, Apr. 29, 2009]



Sec.  301.86-6  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. \6\
---------------------------------------------------------------------------

    \6\ Compliance agreement forms are available without charge 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 
any of the provisions of 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 any conflict 
as to any material fact. Rules of practice concerning a hearing will be 
adopted by the Administrator.



Sec.  301.86-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec.  301.86-5(c)) who desires a certificate or 
limited permit to move a regulated article interstate 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.  301.86-5(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.  301.86-8  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 
0579-0322)



Sec.  301.86-9  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. APHIS will not be responsible for any costs or charges 
incident to inspections or compliance with the provisions of the 
quarantine and regulations in

[[Page 135]]

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



                       Subpart_Sugarcane Diseases

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

                       Quarantine and Regulations



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

    \1\ Any inspector is authorized to stop and inspect persons and 
means of conveyance, and to hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
    \2\ Regulations concerning the movement of gummosis bacteria and 
leaf scald bacteria in interstate or foreign commerce are contained in 
part 330 of this chapter.
---------------------------------------------------------------------------

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

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



Sec.  301.87-1  Definitions.

    Terms used in the singular form in this subpart shall be construed 
as the plural and vice versa, as the case may demand. The following 
terms, when used in this subpart, shall be construed, respectively, to 
mean:
    Certificate. A document which is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement, and 
which represents that the article is eligible for interstate movement in 
accordance with Sec.  301.87-5(a) of this subpart.
    Compliance agreement. A written agreement between Plant Protection 
and Quarantine and a person engaged in the business of growing, 
handling, or moving regulated articles, in which the person agrees to 
comply with the provisions of this subpart and any conditions imposed 
pursuant to such provisions.
    Deputy Administrator. The Deputy Administrator of the Animal and 
Plant Health Inspection Service, U.S. Department of Agriculture for 
Plant Protection and Quarantine, or any officer or employee of the 
Department to whom authority to act in his or her stead has been or may 
hereafter be delegated.
    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.

[[Page 136]]

``Movement'' and ``move'' shall be construed in accordance with this 
definition.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant Protection and Quarantine. The organizational unit within the 
Animal and Plant Health Inspection Service, U.S. Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines, and 
regulations.
    Regulated area. Any quarantined State, or any portion thereof, 
listed as a regulated area in Sec.  301.87-3(c) of this subpart, or 
otherwise designated as a regulated area in accordance with Sec.  
301.87-3(b) of this subpart.
    Regulated article. Any article listed in Sec.  301.87-2(a), (b), 
(c), (d), or otherwise designated as a regulated article in accordance 
with Sec.  301.87-2(e).
    State. Any State, Territory, or District of the United States, 
including the Commonwealth of Puerto Rico.
    Sugarcane disease. This means leaf scald disease with respect to 
activities in Hawaii, and means gummosis disease or leaf scald disease 
with respect to activities in Puerto Rico.

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



Sec.  301.87-2  Regulated articles.

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

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



Sec.  301.87-3  Regulated areas.

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

[[Page 137]]

by the Deputy Administrator or an inspector, and notice thereof shall be 
given to the owner or person in possession of the area.
    (c) The areas described below are designated as regulated areas;

                                 Hawaii

    All of Hawaii.

                              Puerto Rico.

    All of Puerto Rico.



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

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

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with 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 part 305 of this chapter, 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

[[Page 138]]

the inspector has made the determination that the article is otherwise 
eligible for a certificate in accordance with paragraph (a) of this 
section; or if the inspector has made the determination that the article 
is eligible for a certificate in accordance with paragraph (a) of this 
section without such treatment. Any such person may execute and issue a 
limited permit for interstate movement of a regulated article when the 
inspector has made the determination that the article is eligible for a 
limited permit in accordance with paragraph (b) of this section.
    (d) Any certificate or limited permit which has been issued or 
authorized may be withdrawn by an inspector if the inspector determines 
that its holder has not complied with any condition under the 
regulations for its use. The reasons for the withdrawal shall be 
confirmed in writing as promptly as circumstances allow. Any person 
whose certificate or limited permit has been withdrawn may appeal the 
decision in writing to the Deputy Administrator within ten days after 
receiving the written notification of the withdrawal. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the certificate or limited permit was wrongfully withdrawn. The 
Deputy Administrator shall grant or deny the appeal in writing, stating 
the reasons for the decision as promptly as circumstances allow. If 
there is a conflict as to any material fact, a hearing shall be held to 
resolve the conflict under rules of practice which shall be adopted by 
the Administrator of the Animal and Plant Health Inspection Service, 
USDA, for the proceeding.

[48 FR 50059, Oct. 31, 1983, as amended at 66 FR 21053, Apr. 27, 2001; 
75 FR 4241, Jan. 26, 2010]



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

[[Page 139]]

movement), request an inspector \8\ to take any necessary action under 
this subpart prior to movement of the regulated article.
---------------------------------------------------------------------------

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

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

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



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

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



Sec.  301.87-9  Costs and charges.

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



Sec.  301.87-10  [Reserved]



                           Subpart_Karnal Bunt

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



Sec.  301.89-1  Definitions.

    Actual price received. The net price after adjustment for any 
premiums or discounts stated on the sales receipt.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any person authorized to act for the Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Certificate. A document in which an inspector or a person operating 
under a compliance agreement affirms that a specified regulated article 
meets the requirements of this subpart and may be moved to any 
destination.
    Compliance agreement. A written agreement between APHIS and a person 
engaged in growing, handling, or moving regulated articles, in which the 
person agrees to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
    Contaminated seed. Seed from sources in which the Karnal bunt 
pathogen (Tilletia indica (Mitra) Mundkur) has been determined to exist 
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

[[Page 140]]

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 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

[[Page 141]]

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
    (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

[[Page 142]]

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. 24, T. 8 
N., R. 21 W.; then south to the southeast corner of sec. 1, T. 7 N., R. 
21 W.; then east to the northeast corner of sec. 7, T. 7 N., R. 20 W.; 
then south to the southeast corner of sec. 19, T. 7 N., R. 20 W.; then 
west to the southwest corner of sec. 19, T. 7 N., R. 20 W.; then south 
to the southeast corner of sec. 36, T. 7 N., R. 21 W.; then west to the 
southwest corner of sec. 36, T. 7 N., R. 21 W.; then south to the 
southeast corner of sec. 2, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 2, T. 6 N., R. 21 W.; then south to the 
southeast corner of sec. 10, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 8, T. 6 N., R. 21 W.; then north to the 
southwest corner of sec. 5, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 6, T. 6 N., R. 21 W.; then north to the 
northwest corner of sec. 6, T. 6 N., R. 21 W.; then west to the 
southwest corner of sec. 36, T. 7 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 from that 
point to the Colorado River; then northeast along the Colorado River to 
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. 
14, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 35, T. 
1 N., R. 2 E.; then west to the northeast corner of sec. 3, T. 1 S., R. 
2 E.; then south to the southeast corner of sec. 3, T. 1 S., R. 2 E.; 
then west to the southwest corner of sec. 4, T. 1 S., R. 2 E.; then 
south to the point of beginning.
    (2) Beginning at the intersection of the Maricopa/Pinal County line 
and the 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

[[Page 143]]

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. 21,T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 21, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 27, T. 1 S., R. 6 E.; then south to the 
southeast corner of sec. 27, T. 1 S., R. 6 E.; then east to the 
northeast corner of sec. 31, 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.; 
the 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 northwest corner of sec. 22, T. 5 S., R. 7 
W.; then 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 south 
west corner of sec. 17, T. 1 N., R. 5 E.; then north to the northwest 
corner of sec. 27, 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 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.
    (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

[[Page 144]]

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.

[61 FR 52207, Oct. 4, 1996]

    Editorial Note: For Federal Register citations affecting Sec.  
301.89-3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



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 part 305 of this 
chapter 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;
    (b) When an inspector has probable cause to believe a person or 
means of conveyance is moving a regulated article, the inspector is 
authorized to stop the person or means of conveyance to determine 
whether a regulated article is present and to inspect the regulated 
article. Articles found to be infected by an inspector, and articles not 
in compliance with the regulations in this subpart, may be seized, 
quarantined, treated, subjected to other remedial measures, destroyed, 
or otherwise disposed of. Any treatments will be in accordance with part 
305 of this chapter.

[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; 75 FR 4241, Jan. 
26, 2010; 75 FR 68945, Nov. 10, 2010]



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

    (a) An inspector \1\ 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:
---------------------------------------------------------------------------

    \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, 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

[[Page 145]]

(7 U.S.C. 7714) \2\ to prevent the artificial spread of Karnal bunt; 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 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 part 305 of this chapter.
    (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; 75 FR 
4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 2010]



Sec.  301.89-7  Compliance agreements.

    Persons who grow, handle, or move regulated articles may enter into 
a compliance agreement \3\ 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 part 305 of this chapter, 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

[[Page 146]]

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 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; 75 FR 4241, Jan. 26, 2010; 75 FR 68945, Nov. 10, 
2010]



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 \4\ at least 24 hours before the services 
are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1.
---------------------------------------------------------------------------

    (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; 75 FR 68945, Nov. 10, 2010]



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

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



Sec.  301.89-11  Costs and charges.

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



Sec.  301.89-12  Cleaning, 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 part 305 of 
this chapter 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 part 
305 of this chapter 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

[[Page 147]]

cleaned and, if disinfection is determined to be necessary by an 
inspector, disinfected in accordance with part 305 of this chapter 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, as amended at 75 FR 4241, Jan. 26, 2010]



Sec. Sec.  301.89-13--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 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

[[Page 148]]

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 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

[[Page 149]]

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).
    (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

[[Page 150]]

(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 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

[[Page 151]]

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 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

[[Page 152]]

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 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

[[Page 153]]

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.
    (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\
---------------------------------------------------------------------------

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

    (a) Quarantines and regulations. The secretary of agriculture hereby 
quarantines the State of Maine in order to prevent the artificial spread 
of European larch canker, Lachnellula willkommi (Dasycypha), a dangerous 
plant disease of trees of the Larix and Pseudolarix species not hereto 
fore widely prevalent or distributed within and throughout the United 
States; and hereby establishes regulations governing the interstate 
movement of regulated articles specified in Sec.  301.91-2
    (b) Restrictions on interstate movement of regulated articles. No 
common carrier or other person shall move interstate from any regulated 
area any regulated

[[Page 154]]

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 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.

[[Page 155]]



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 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, Sorrento, 
Sullivan, T7 SD, T9 SD, T10 SD, and T16 MD, and Winter Harbor.
    Knox County. The entire townships of Appleton, Camden, Cushing, 
Friendship, Hope, Owls Head, Rockland, Rockport, Saint George, South 
Thomaston, Thomaston, Union, Warren, and Washington.
    Lincoln County. The entire townships of Alna, Boothbay, Boothbay 
Harbor, Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, 
Nobleboro, Somerville, South Bristol, Southport, Waldoboro, Westport 
Island, and Wiscasset.
    Waldo County. The entire townships of Lincolnville and Searsmont.
    Washington County. The entire townships of Addison, Baring 
Plantation, Beals, Beddington, Berry Township, Calais, Cathance 
Township, Centerville Township, Charlotte, Cherryfield, Columbia, 
Columbia Falls, Cooper, Cutler, Deblois, Dennysville, East Machias, 
Eastport, Edmunds Township, Harrington, Jonesboro, Jonesport, Lubec, 
Machias, Machiasport, Marion Township, Marshfield, Meddybemps, 
Milbridge, Northfield, Pembroke, Perry, Robbinston, Roque Bluffs, 
Steuben, T18 MD BPP, T19 MD BPP, T24 MD BPP, T25 MD BPP, Trescott 
Township, Whiting, and Whitneyville.

[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; 76 FR 52544, Aug. 23, 
2011]



Sec.  301.91-4  Conditions governing the interstate movement of
regulated articles from regulated areas in quarantined States. \2\
---------------------------------------------------------------------------

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

    Any regulated article may be moved interstate from any regulated 
area in a quarantined State only if moved under the following 
conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with 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

[[Page 156]]

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

    \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 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]

[[Page 157]]



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.
---------------------------------------------------------------------------

    \4\ Compliance agreement forms are available without charge from the 
Animal and Plant Health Inspection Service, Plant Protection and 
Quarantine, Domestic and Emergency Operations, 4700 River Road Unit 134, 
Riverdale, Maryland 20737-1236, and from local offices of the Plant 
Protection and Quarantine. (Local offices are listed in telephone 
directories).
---------------------------------------------------------------------------

    (b) Any compliance agreement may be cancelled orally or in writing 
by the inspector who is supervising its enforcement whenever the 
inspector finds that such person has failed to comply with the 
provisions of this subpart or any conditions imposed pursuant thereto. 
If the cancellation is oral, the decision and the reasons therefor shall 
be confirmed in writing, as promptly as circumstances permit. Any person 
whose compliance agreement has been cancelled may appeal the decision, 
in writing, to the Deputy Administrator within ten (10) days after 
receiving written notification of the cancellation. The appeal shall 
state all of the facts and reasons upon which the person relies to show 
that the compliance agreement was wrongfully cancelled. The Deputy 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for such decision, as promptly as circumstances permit. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict. Rules of Practice concerning such a hearing will 
be adopted by the Deputy Administrator.

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec.  301.91-7  Assembly and inspection of regulated articles.

    (a) Any person (other than a person authorized to issue certificates 
or limited permits under Sec.  301.91-5(c)), who desires to move 
interstate a regulated article accompanied by a certificate or limited 
permit shall, as far in advance as possible (should be no less than 48 
hours before the desired movement), request an inspector \5\ to take any 
necessary action under this subpart prior to movement of the regulated 
article.
---------------------------------------------------------------------------

    \5\ Inspectors are assigned to local offices of Plant Protection and 
Quarantine which are listed in telephone directories. Information 
concerning such local offices may also be obtained from the Animal and 
Plant Health Inspection Service, Plant Protection and Quarantine, 
Domestic and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

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

[49 FR 18992, May 4, 1984, as amended at 59 FR 67609, Dec. 30, 1994]



Sec.  301.91-8  Attachment and disposition of certificates and
limited permits.

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

[[Page 158]]



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: 72 FR 8597, Feb. 27, 2007, unless otherwise noted.



Sec.  301.92  Restrictions on interstate movement.

    (a) No person may move interstate from any quarantined area any 
regulated, restricted, or associated article or any other nursery stock 
except in accordance with this subpart. \1\
---------------------------------------------------------------------------

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

    (b) No person may move interstate from any nursery in any regulated 
area any nursery stock except in accordance with this subpart.
    (c) No person may move interstate from any quarantined or regulated 
area any regulated restricted, or associated article or nursery stock 
that has been tested with a test approved by APHIS and found infected 
with Phytophthora ramorum, or that is part of a plant that was found 
infected with Phytophthora ramorum, unless such movement is in 
accordance with part 330 of this chapter.



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.
    Associated article. Any article listed in Sec.  301.92-2(c).
    Bark chips. Bark fragments broken or shredded from a log or tree.
    Certificate. A document, stamp, or imprint by which an inspector or 
person operating under a compliance agreement affirms that a specified 
regulated or associated article meets applicable 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, processing, handling, or moving regulated or 
associated articles, wherein the person agrees to comply with 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.
    Firewood. Wood that has been cut, sawn, or chopped into a shape and 
size commonly used for fuel, or other wood intended for fuel.
    Forest stock. All flowers, trees, shrubs, vines, scions, buds, or 
other plants that are wild-grown, backyard-grown, or naturally 
occurring.
    From. An article is considered to be ``from'' a specific site or 
location for the purposes of this subpart if it was grown or propagated 
in, stored or sold, or distributed from the site or location.
    Growing media. Any material in which plant roots are growing or 
intended for that purpose.
    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.
    Lot. A contiguous block of plants of the same species or cultivar, 
of the same container size and from the same source, if known.
    Lumber. Logs that have been sawn into boards, planks, or structural 
members such as beams.

[[Page 159]]

    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 or as part of a growing media mixture.
    Non-host nursery stock. Any taxa of nursery stock not listed in 
Sec.  301.92-2 as a regulated or associated article.
    Nursery. Any location where nursery stock is grown, propagated, 
stored, or sold, or any location from which nursery stock is 
distributed. Locations that grow trees for sale without roots (e.g., as 
Christmas trees) are considered to be nurseries for the purposes of this 
subpart.
    Nursery stock. All plants for planting, including houseplants, 
propagative material that is grown in a nursery, and tree seedlings for 
reforestation, except the following: Seeds; turf or sod; bulbs, tubers, 
corms, or rhizomes; \2\ greenhouse grown cactus, succulents, and 
orchids; aquarium grown aquatic plants; greenhouse, container, or field 
grown palms; greenhouse, container, or field grown cycads, and tissue 
culture plants grown in vitro; and plants meeting the definition of 
forest stock.
---------------------------------------------------------------------------

    \2\ Bulbs, tubers, corms, or rhizomes are only considered nursery 
stock (and therefore, regulated under this subpart) if they are of plant 
taxa listed in Sec.  301.92-2 as regulated articles or associated 
articles.
---------------------------------------------------------------------------

    Permit. A written authorization issued by APHIS to allow the 
interstate movement of restricted articles in accordance with part 330 
of this chapter.
    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.  301.92-3(a)(3) of this subpart or otherwise designated as a 
quarantined area in accordance with Sec.  301.92-3(a)(2) of this 
subpart.
    Regulated area. Any area listed in Sec.  301.92-3(b) of this 
subpart.
    Regulated article. Any article listed in Sec.  301.92-2(b) of this 
subpart.
    Restricted article. Any article listed in Sec.  301.92-2(a) of this 
subpart.
    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.
    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  Restricted, regulated, and associated articles; 
lists of proven hosts and associated plant taxa.

    (a) Restricted articles. The following are restricted articles:
    (1) Bark chips or mulch \3\ located in a quarantined area and that 
are proven host plant taxa listed in paragraph (d) of this section.
---------------------------------------------------------------------------

    \3\ Bark chips or mulch of species listed in paragraph (d) of this 
section and that are marked with an asterisk (*) are not restricted 
articles.
---------------------------------------------------------------------------

    (2) Forest stock located or grown in a quarantined area and that are 
proven host plant taxa or associated plant taxa listed in paragraph (d) 
or (e) of this section.
    (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 a 
restricted article.
    (b) Regulated articles. The following are regulated articles:
    (1) Nursery stock, decorative trees without roots, unprocessed wood 
and wood products, and plant products, including firewood, logs, lumber, 
\4\ wreaths, garlands, and greenery of proven host plant taxa listed in 
paragraph (d) of this section.
---------------------------------------------------------------------------

    \4\ Firewood, logs, and lumber of species listed in paragraph (d) of 
this section and that are marked with an asterisk (*) are not regulated 
articles.
---------------------------------------------------------------------------

    (2) Soil and growing media.
    (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

[[Page 160]]

that it is subject to the restrictions in the regulations.
    (c) Associated articles. The following are associated articles: 
Nursery stock of associated plant taxa listed in paragraph (e) of this 
section.
    (d) Proven host plant taxa. The following are proven hosts of 
Phytophthora ramorum:

*Acer macrophyllum Bigleaf maple
Acer pseudoplatanus Planetree maple
*Adiantum aleuticum Western maidenhair fern
*Adiantum jordanii California maidenhair fern
*Aesculus californica California buckeye
Aesculus hippocastanum horse chestnut
*Arbutus menziesii Madrone
*Arctostaphylos manzanita Manzanita
*Calluna vulgaris Scotch heather
*Camellia spp. Camellia--all species, hybrids and cultivars
*Castanea sativa Sweet chestnut
Fagus sylvatica European beech
*Frangula californica ([equiv]Rhamnus californica) California 
coffeeberry
*Frangula purshiana ([equiv]Rhamnus purshiana) Cascara
Fraxinus excelsior European ash
*Griselinia littoralis Griselinia
*Hamamelis virginiana Witch hazel
*Heteromeles arbutifolia Toyon
*Kalmia spp. Kalmia--includes all species, hybrids, and cultivars
*Laurus nobilis Bay laurel
Lithocarpus densiflorus Tanoak
*Lonicera hispidula California honeysuckle
*Maianthemum racemosum (=Smilacina racemosa) False Solomon's seal
*Michelia doltsopa Michelia
*Parrotia persica Persian ironwood
*Photinia fraseri Red tip photinia
*Pieris spp. Pieris--includes all species, hybrids, and cultivars
*Pseudotsuga menziesii var. menziesii and all nursery-grown P. menziesii 
Douglas fir
Quercus agrifolia Coast live oak
Quercus cerris European turkey oak
Quercus chrysolepis Canyon live oak
Quercus falcata Southern red oak
*Quercus ilex Holm oak
Quercus kelloggii California black oak
Quercus parvula var. shrevei and all nursery grown Q. parvula Shreve's 
oak
*Rhododendron spp. Rhododendron (including azalea)--includes all 
species, hybrids, and cultivars
*Rosa gymnocarpa Wood rose
*Salix caprea Goat willow
*Sequoia sempervirens Coast redwood
*Syringa vulgaris Lilac
*Taxus baccata European yew
*Trientalis latifolia Western starflower
*Umbellularia californica California bay laurel, pepperwood, Oregon 
myrtle
*Vaccinium ovatum Evergreen huckleberry
*Viburnum spp. Viburnum-all species, hybrids, and cultivars

    (e) Associated plant taxa. The following plant taxa are considered 
to be associated with Phytophthora ramorum:

Abies concolor White fir
Abies grandis Grand fir
Abies magnifica Red fir
Acer circinatum Vine maple
Acer davidii Striped bark maple
Acer laevigatum Evergreen maple
Arbutus unedo Strawberry tree
Arctostaphylos columbiana Manzanita
Arctostaphylos uva-ursi Kinnikinnick, bearberry
Ardisia japonica Ardisia
Calycanthus occidentalis Spicebush
Castanopsis orthacantha Castanopsis
Ceanothus thyrsiflorus Blueblossom
Cinnamomum camphora Camphor tree
Clintonia andrewsiana Andrew's clintonia bead lily
Cornus kousa x Cornus capitata Cornus Norman Haddon
Corylus cornuta California hazelnut
Distylium myricoides Myrtle-leafed distylium
Drimys winteri Winter's bark
Dryopteris arguta California wood fern
Eucalyptus haemastoma Scribbly gum
Euonymus kiautschovicus Spreading euonymus
Fraxinus latifolia Oregon ash
Gaultheria shallon Salal, Oregon wintergreen
Hamamelis mollis Chinese witch-hazel
Hamamelis x intermedia (H. mollis & H. japonica) Hybrid witchhazel
Ilex purpurea Oriental holly
Leucothoe axillaris Fetter-bush, dog hobble
Leucothoe fontanesiana Drooping leucothoe
Loropetalum chinense Lorapetalum
Magnolia grandiflora Southern magnolia
Magnolia stellata Star magnolia
Magnolia x loebneri Loebner magnolia
Magnolia x soulangeana Saucer magnolia
Manglietia insignis Red lotus tree
Michelia maudiae Michelia
Michelia wilsonii Michelia
Nerium oleander Oleander
Nothofagus obliqua Roble beech
Osmanthus decorus ([equiv]Phillyrea decora; [equiv]P. vilmoriniana) 
Osmanthus
Osmanthus delavayi Delavay Osmanthus, Delavay tea olive
Osmanthus fragrans Sweet olive
Osmanthus heterophyllus Holly olive
Osmorhiza berteroi Sweet Cicely
Parakmeria lotungensis Eastern joy lotus tree
Pittosporum undulatum Victorian box
Prunus laurocerasus English laurel, cherry laurel
Prunus lusitanica Portuguese laurel cherry
Pyracantha koidzumii Formosa firethorn
Quercus acuta Japanese evergreen oak
Quercus petraea Sessile oak

[[Page 161]]

Quercus rubra Northern red oak
Rosa (specific cultivars)
 Royal Bonica (tagged: ``MEImodac'')
 Pink Meidiland (tagged: ``MEIpoque'')
 Pink Sevillana (tagged: ``MEIgeroka'')
Rosa rugosa Rugosa rose
Rubus spectabilis Salmonberry
Schima wallichii Chinese guger tree
Taxus brevifolia Pacific yew
Taxus x media Yew
Torreya californica California nutmeg
Toxicodendron diversilobum Poison oak
Vancouveria planipetala Redwood ivy



Sec.  301.92-3  Quarantined and regulated areas.

    (a) Quarantined areas. (1) Except as otherwise provided in paragraph 
(a)(2) of this section, the Administrator will list as a quarantined 
area in paragraph (a)(3) of this section each State, or each portion of 
a State, in which Phytophthora ramorum has been confirmed by an 
inspector to be established in the natural environment, in which the 
Administrator has reason to believe that Phytophthora ramorum is present 
in the natural environment, 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 in the natural environment. Less than an entire State will be 
designated as a quarantined area only if the Administrator determines 
that:
    (i) The State has adopted and is enforcing restrictions on the 
intrastate movement of the regulated, restricted, and associated 
articles that are substantially the same as those imposed by this 
subpart on the interstate movement of regulated, restricted, and 
associated articles; and
    (ii) The designation of less than the entire State as a quarantined 
area will prevent the interstate spread of Phytophthora ramorum.
    (2) The Administrator or an inspector may temporarily designate any 
nonquarantined area in a State as a quarantined area in accordance with 
paragraph (a)(1) 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, restricted, 
or associated 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 (a)(3) 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.
    (3) The following areas are designated as quarantined areas:

                               California

Alameda County. The entire county.
Contra Costa County. The entire county.
Humboldt County. The entire county.
Lake 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 Francisco 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 as follows: In T. 39 S., R. 
13 W., secs. 32, 33, and 34; T. 40 S., R. 13 W., secs. 3, 4, 5, 8, 9, 
10, southeast quarter of sec. 11, southwest quarter of sec. 12, 
northwest quarter of sec. 13, northeast quarter of secs. 14, 15, 16, and 
17, east half of sec. 18, east half of secs. 19, 20, 21, 22, 28, and 29, 
northeast quarter of secs. 30, 32, 33, and 34; T. 40 S., R. 14 W., 
southeast quarter of sec. 23, southwest quarter of sec. 24, northwest 
quarter of sec. 25, and the northeast quarter of sec. 26.

    (b) Regulated areas. The following areas are designated as regulated 
areas:

                               California

    All counties in the State not listed in paragraph (a) of this 
section as quarantined areas.

                                 Oregon

    All areas in the State not listed in paragraph (a) of this section 
as quarantined areas.

                               Washington

    The entire State.

[[Page 162]]



Sec.  301.92-4  Conditions governing the interstate movement of 
regulated, restricted, and associated articles, and non-host nursery
stock from quarantined and regulated areas.

    (a) Interstate movement of regulated and associated articles from 
quarantined areas. Regulated and associated articles may be moved 
interstate from a quarantined area \5\ only in accordance with this 
subpart.
---------------------------------------------------------------------------

    \5\ Requirements under all other applicable Federal domestic plant 
quarantines and regulations must also be met.
---------------------------------------------------------------------------

    (1) With a certificate. Any regulated or associated article 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, 
and provided that the regulated or associated 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) Without a certificate. (i) The regulated or associated 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
    (ii) The regulated or associated 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.
    (b) Interstate movement of restricted articles from quarantined 
areas. Restricted articles may be moved interstate from a quarantined 
area \6\ only in accordance with this section.
---------------------------------------------------------------------------

    \6\ See footnote 4 of this subpart.
---------------------------------------------------------------------------

    (1) With a permit. Any restricted article may be moved interstate 
from a quarantined area only if the article is moved pursuant to a 
permit issued by the Administrator in accordance with part 330 of this 
chapter.
    (2) Without a permit. (i) The 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
    (ii) The 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.
    (c) Interstate movement of nursery stock from nurseries in 
quarantined areas--(1) Regulated articles of nursery stock and 
associated articles. Regulated articles of nursery stock and associated 
articles may only be moved interstate from nurseries in quarantined 
areas in accordance with paragraph (a) of this section.
    (2) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec.  301.92-2 as a regulated or associated article may only be moved 
interstate from nurseries in quarantined areas as follows:
    (i) With a certificate. If the non-host nursery stock originates 
from a nursery in a quarantined area that contains regulated or 
associated articles, the nursery stock must be accompanied by a 
certificate issued and attached in accordance with Sec. Sec.  301.92-5 
and 301.92-8, and be 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.
    (ii) Without a certificate. If the non-host nursery stock originates 
from a nursery in a quarantined area that does not contain regulated or 
associated articles, the nursery stock may be moved interstate without a 
certificate, provided that:
    (A) The nursery from which plants originate has been inspected and 
found free of evidence of Phytophthora ramorum in accordance with Sec.  
301.92-11(b)(3), and
    (B) The nursery stock is not rooted in soil or growing media. \7\
---------------------------------------------------------------------------

    \7\ To be eligible for interstate movement, non-host nursery stock 
that is rooted in soil or growing media requires certification that the 
soil or growing media meets the requirements of Sec.  301.92-
5(a)(1)(iii).
---------------------------------------------------------------------------

    (d) Interstate movement of nursery stock from nurseries in regulated 
areas--(1) Regulated and associated articles of nursery stock. Regulated 
articles of nursery stock and associated articles may only

[[Page 163]]

be moved interstate from nurseries in regulated areas if accompanied by 
a certificate issued and attached in accordance with Sec. Sec.  301.92-5 
and 301.92-8, and provided that, if moved through a quarantined area en 
route to another State, the regulated articles of nursery stock or 
associated articles are 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) Non-host nursery stock. Any nursery stock of a taxon not listed 
in Sec.  301.92-2 as a regulated or associated article may only be moved 
interstate from nurseries in regulated areas as follows:
    (i) With a certificate. If non-host nursery stock originates from a 
nursery in a regulated area that contains regulated or associated 
articles, the nursery stock must be accompanied by a certificate issued 
and attached in accordance with Sec. Sec.  301.92-5 and 301.92-8, and 
provided that, if moved through a quarantined area en route to another 
State, the nursery stock 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.
    (ii) Without a certificate. If non-host nursery stock originates 
from a nursery in a regulated area that does not contain regulated or 
associated articles, the nursery stock may be moved interstate without a 
certificate, provided that the nursery from which plants originate has 
been inspected and found free of evidence of Phytophthora ramorum in 
accordance with Sec.  301.92-11(d)(3).



Sec.  301.92-5  Issuance and cancellation of certificates.

    (a) Movements from quarantined areas. (1) An inspector \8\ may issue 
a certificate for the interstate movement of regulated articles, 
associated articles, or non-host nursery stock \9\ from a quarantined 
area if the inspector determines that:
---------------------------------------------------------------------------

    \8\ 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 160, Riverdale, MD 20737, or the APHIS 
Web site at http://www.aphis.usda.gov/ppq/sphd/.
    \9\ Paragraph (d)(2)(ii) of Sec.  301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The regulated articles have been treated under the direction of 
an inspector in accordance with part 305 of this chapter; or
    (ii) The regulated articles are wood products such as firewood, 
logs, or lumber that are free of bark; \10\ or
---------------------------------------------------------------------------

    \10\ Firewood, logs, lumber of species listed in 301.92-2(d) and 
marked with an asterisk are not regulated articles, as noted in Sec.  
301.92-2(b)(1).
---------------------------------------------------------------------------

    (iii) The regulated article is soil or growing media that has not 
been in direct physical contact with any article infected with 
Phytophthora ramorum, and from which all duff has been removed; or
    (iv) The articles are nursery stock or regulated articles of 
decorative trees without roots, wreaths, garlands, or greenery that:
    (A) Are shipped from a nursery in a quarantined area that has been 
inspected in accordance with the inspection and sampling protocol 
described in Sec.  301.92-11(a)(1), and the nursery is free of evidence 
of Phytophthora ramorum infestation; and
    (B) Are part of a shipment of nursery stock, decorative trees 
without roots, wreaths, garlands, or greenery that has been inspected 
prior to interstate movement in accordance with Sec.  301.92-11(a)(2), 
and the regulated articles in the shipment are free of evidence of 
Phytophthora ramorum infection; and
    (C) Have been kept separate from regulated and associated articles 
and non-host nursery stock not inspected between the time of the 
inspection and the time of interstate movement; and
    (D) Have not been grown in, or moved from, other areas within a 
quarantined area except nurseries that are annually inspected for 
Phytophthora ramorum in accordance with Sec.  301.92-11 and that have 
been found free of evidence of

[[Page 164]]

Phytophthora ramorum infestation, except that certified nurseries which 
receive articles from a non-certified nursery in a quarantined or 
regulated area may continue to ship other plants interstate, provided 
that the uncertified plants are safeguarded, segregated, and withheld 
from interstate movement until the plants are inspected and tested and 
found free of evidence of Phytophthora ramorum.
    (v) The regulated or associated article or non-host nursery stock 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) \11\ to prevent the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

    (vi) The regulated or associated article or non-host nursery stock 
is eligible for unrestricted movement under all other Federal domestic 
plant quarantines and regulations applicable to the regulated or 
associated article.
    (2) [Reserved]
    (b) Movements from regulated areas. (1) An inspector \12\ may issue 
a certificate for the interstate movement of regulated articles of 
nursery stock, associated articles, or non-host nursery stock \13\ from 
a nursery in a regulated area if an inspector determines that:
---------------------------------------------------------------------------

    \12\ See footnote 7 of this subpart.
    \13\ Paragraph (d)(2)(ii) of Sec.  301.92-4 allows the interstate 
movement of non-host nursery stock without a certificate under certain 
conditions.
---------------------------------------------------------------------------

    (i) The nursery from which the nursery stock originates has been 
inspected in accordance with Sec.  301.92-11(c) and found free of 
evidence of Phytophthora ramorum infestation; and
    (ii) All nursery stock in the nursery have not been grown in, or 
moved from, nurseries except those that have been inspected for 
Phytophthora ramorum in accordance with Sec.  301.92-11(c) and that have 
been found free of evidence of Phytophthora ramorum infestation, except 
that certified nurseries which receive articles from a non-certified 
nursery in a quarantined or regulated area may continue to ship other 
plants interstate, provided that the uncertified plants are safeguarded, 
segregated, and withheld from interstate movement until the plants are 
inspected and tested and found free of evidence of Phytophthora ramorum; 
and
    (iii) The nursery stock 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) \14\ to prevent 
the spread of Phytophthora ramorum; and
---------------------------------------------------------------------------

    \14\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (iv) The nursery stock is eligible for unrestricted movement under 
all other Federal domestic plant quarantines and regulations applicable 
to the nursery stock.
    (2) [Reserved]
    (c) Certificates issued under paragraphs (a) and (b) of this section 
may be issued by any person engaged in the business of growing, 
processing, handling, or moving regulated or associated articles or 
nursery stock provided such person has entered into and is operating 
under a compliance agreement in accordance with Sec.  301.92-6. Any such 
person may execute and issue a certificate for the interstate movement 
of regulated or associated articles or nursery stock if an inspector has 
previously made the determination that the article is eligible for a 
certificate in accordance with any applicable section of this subpart.
    (d) 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

[[Page 165]]

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 numbers 
0579-0310 and 0579-0088)

[72 FR 8597, Feb. 27, 2007, as amended at 75 FR 4241, Jan. 26, 2010]



Sec.  301.92-6  Compliance agreements and cancellation.

    (a) Any person engaged in growing, processing, handling, or moving 
regulated articles, associated articles, or non-host 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. \15\
---------------------------------------------------------------------------

    \15\ 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 
160, Riverdale, MD 20737-1236, and from local offices of the Plant 
Protection and Quarantine, which are listed in telephone directories. 
Forms are also available on the Internet at http://www.aphis.usda.gov/
ppq/ispm/pramorum/resources.html.
---------------------------------------------------------------------------

    (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.

(Approved by the Office of Management and Budget under control numbers 
0579-0310)



Sec.  301.92-7  Availability of inspectors; assembly for inspection.

    (a) Any person (other than a person authorized to issue certificates 
under Sec.  301.92-5(c)) who desires to move a regulated or associated 
article or non-host nursery stock interstate accompanied by a 
certificate must notify an inspector \16\ as far in advance of the 
desired interstate movement as possible, but no less than 48 hours 
before the desired time of inspection.
---------------------------------------------------------------------------

    \16\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (b) The regulated or associated article or non-host nursery stock 
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 and recordkeeping.

    (a) A certificate required for the interstate movement of a 
regulated article, associated article, or non-host nursery stock must, 
at all times during the interstate movement, be:
    (1) Attached to the outside of the container containing the 
regulated article, associated article, or non-host nursery stock; or
    (2) Attached to the regulated article, associated article, or non-
host nursery stock 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, associated article, or non-host nursery stock must be 
sufficiently described on the certificate and on the waybill to identify 
the regulated article, associated article, or non-host nursery stock.
    (b) The certificate for the interstate movement of a regulated 
article, associated article, or non-host nursery

[[Page 166]]

stock must be furnished by the carrier to the consignee listed on the 
certificate upon arrival at the location provided on the certificate.
    (c) All nurseries that are operating under compliance agreements 
must maintain records of all incoming shipments of plants for a minimum 
of 24 months and must make them available to inspectors upon request. In 
addition, all nurseries that are operating under compliance agreements, 
except retail dealers, must maintain records of outgoing shipments for a 
minimum of 24 months and must make them available to inspectors upon 
request.

(Approved by the Office of Management and Budget under control numbers 
0579-0088 and 0579-0310)



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  [Reserved]



Sec.  301.92-11  Inspection and sampling protocols.

----------------------------------------------------------------------------------------------------------------
                                                                  Inspection and certification protocol
    Type(s) of plants in the       Type(s) of plants   ---------------------------------------------------------
            nursery                shipped interstate    Origin: Quarantined areas     Origin: Regulated areas
----------------------------------------------------------------------------------------------------------------
Regulated articles only........  None.................  Not regulated.............  Not regulated.
Regulated articles only........  Regulated articles...  Sec.   301.92-11(a).......  Sec.   301.92-11(c).
Associated articles only.......  None.................  Not regulated.............  Not regulated.
Associated articles only.......  Associated articles..  Sec.   301.92-11(a).......  Sec.   301.92-11(c).
Regulated and associated         Regulated or           Sec.   301.92-11(a).......  Sec.   301.92-11(c).
 articles only.                   associated articles,
                                  or both.
Regulated and associated         None.................  Not regulated.............  Not regulated.
 articles and non-hosts.
Regulated and associated         Regulated or           Sec.   301.92-11(a).......  Sec.   301.92-11(c).
 articles and non-hosts.          associated articles,
                                  or both.
Regulated and associated         Non-hosts only.......  Sec.   301.92-11(a).......  Sec.   301.92-11(c).
 articles and non-hosts.
Non-hosts only.................  None.................  Not regulated.............  Not regulated.
Non-hosts only.................  Non-hosts............  Sec.   301.92-11(b).......  Sec.   301.92-11(d).
Decorative trees without roots   Proven host plant      Sec.   301.92-11(a).......  Not regulated.
 (e.g., Christmas trees).         taxa.
Decorative trees without roots   Associated plant taxa  Not regulated.............  Not regulated.
 (e.g., Christmas trees).
----------------------------------------------------------------------------------------------------------------

    (a) Nurseries in quarantined areas shipping regulated articles of 
nursery stock and associated articles interstate. To meet the 
requirements of Sec.  301.92-5(a)(1)(iv), nurseries located in 
quarantined areas and that move regulated articles of nursery stock, 
decorative trees without roots, wreaths, garlands, or greenery, 
associated articles, or non-host nursery stock interstate must meet the 
requirements in this section. Nurseries in quarantined areas that do not 
meet the requirements of this section are prohibited from moving 
regulated articles and associated articles interstate. Nurseries in 
quarantined areas that do not meet the requirements of this section or 
paragraph (b) of this section are prohibited from moving non-host 
nursery stock interstate.
    (1) Annual inspection, sampling, and testing--(i) Inspection. The 
nursery must be inspected annually for symptoms of Phytophthora ramorum 
by an inspector. \17\ Inspectors will visually inspect for symptomatic 
plants throughout the nursery, and inspection will focus on, but not be 
limited to, regulated articles and associated articles.
---------------------------------------------------------------------------

    \17\ Persons operating under compliance agreements are eligible to 
issue certificates for the interstate movement of regulated and 
associated articles, but only inspectors are authorized to conduct 
nursery inspections required under the regulations.

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

[[Page 167]]

    (ii) Sampling. A minimum of 40 plant samples must be tested per 
nursery location. Samples must be taken from all symptomatic plants if 
symptomatic plants are present. If fewer than 40 symptomatic plants are 
present, each symptomatic plant must be sampled and the remainder of the 
40 sample minimum must be taken from asymptomatic plants. If no 
symptomatic plants are present, 40 asymptomatic plants must be sampled; 
biased toward proven hosts. Each sample may contain more than one leaf, 
and may come from more than one plant, but all plants in the sample must 
be from the same lot. Asymptomatic samples, if collected, must be taken 
from regulated and associated articles and nearby plants. Inspectors 
must conduct inspections at times when the best expression of symptoms 
is anticipated and must take nursery fungicide programs into 
consideration. Nursery owners must keep records of fungicide 
applications for 2 years and must make them available to inspectors upon 
request.
    (iii) Testing. Samples must be labeled and sent for testing to a 
laboratory approved by APHIS and must be tested using a test method 
approved by APHIS, in accordance with Sec.  301.92-12.
    (iv) Annual certification. If all plant samples tested in accordance 
with this section and Sec.  301.92-12 return negative results for 
Phytophthora ramorum, an inspector may certify that the nursery is free 
of evidence of Phytophthora ramorum infestation at the time of 
inspection, and the nursery will be eligible to enter into a compliance 
agreement in accordance with Sec.  301.92-6. \18\
---------------------------------------------------------------------------

    \18\ See footnote 14 of this subpart.
---------------------------------------------------------------------------

    (2) Pre-shipment inspection, sampling, and testing--(i) Inspection. 
During the 30 days prior to interstate movement from a nursery in a 
quarantined area, regulated articles or associated articles intended for 
interstate movement must be inspected for symptoms of Phytophthora 
ramorum by an inspector. \19\ Inspection will focus on, but not be 
limited to, regulated articles and associated articles. No inspections 
of shipments will be conducted unless the nursery from which the 
shipment originates has a current and valid annual certification in 
accordance with paragraph (a)(1)(iv) of this section.
---------------------------------------------------------------------------

    \19\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (A) If no symptomatic plants are found upon inspection, the shipment 
may be considered free of evidence of Phytophthora ramorum infection and 
is eligible for interstate movement, provided that the nursery is 
operating under a compliance agreement with APHIS in accordance with 
Sec.  301.92-6.
    (B) If symptomatic plants are found upon inspection, the inspector 
will collect at least one sample per symptomatic plant, and one sample 
per regulated article or associated article that is in close proximity 
to, or that has had physical contact with, a symptomatic plant.
    (ii) Testing and withholding from interstate movement. Samples taken 
in accordance with paragraph (a)(2)(i)(B) of this section must be 
labeled and sent for testing to a laboratory approved by APHIS and must 
be tested using a test method approved by APHIS, in accordance with 
Sec.  301.92-12. The interstate movement of plants in the shipment is 
prohibited until the plants in the shipment are determined to be free of 
evidence of Phytophthora ramorum infection in accordance with Sec.  
301.92-12.
    (b) Nurseries in quarantined areas shipping non-host nursery stock 
interstate. Nurseries located in quarantined areas and that move non-
host nursery stock interstate must meet the requirements of this 
paragraph or the requirements of paragraph (a) of this section. \20\ If 
such nurseries contain any regulated or associated articles, the nursery 
must meet the requirements of paragraph (a). This paragraph (b) only 
applies if there are no regulated or associated articles of nursery 
stock in the nursery. Nurseries that do not meet the requirements of 
paragraphs (a) or (b) of this section are prohibited from moving non-
host nursery stock interstate.
---------------------------------------------------------------------------

    \20\ In addition, to be eligible for interstate movement, non-host 
nursery stock that is rooted in soil or growing media requires 
certification that the soil or growing media meets the requirements of 
Sec.  301.92-5(a)(1)(iii).
---------------------------------------------------------------------------

    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora

[[Page 168]]

ramorum. Inspections and determinations of freedom from evidence of 
Phytophthora ramorum infestation must occur at the time when the best 
expression of symptoms is anticipated.
    (2) Sampling. All plants showing symptoms of infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec.  301.92-12. If symptomatic plants are found upon 
inspection, the following plants must be withheld from interstate 
shipment until testing is completed and the nursery is found free of 
evidence of Phytophthora ramorum in accordance with this paragraph 
(b)(3) of this section and Sec.  301.92-12: All symptomatic plants, any 
plants located in the same lot as the suspect plant, and any plants 
located within 2 meters of this lot of plants.
    (3) Certification. If all plant samples tested in accordance with 
this section and Sec.  301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in a 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector may certify that the nursery is free of evidence of 
Phytophthora ramorum infestation at the time of inspection. 
Certification is valid for 1 year and must be renewed each year to 
continue shipping plants interstate.
    (c) Nurseries in regulated areas shipping regulated articles of 
nursery stock or associated articles interstate. To meet the conditions 
of Sec.  301.92-5(b), any nursery that is located in a regulated area 
and contains regulated articles of nursery stock or associated articles, 
and ships any nursery stock interstate must meet the following 
requirements:
    (1) Annual inspection. The nursery must be inspected annually for 
symptoms of Phytophthora ramorum by an inspector. \21\ Inspection will 
focus on, but not be limited to, regulated articles of nursery stock and 
associated articles.
---------------------------------------------------------------------------

    \21\ See footnote 7 of this subpart.
---------------------------------------------------------------------------

    (2) Sampling. Samples must be taken from all symptomatic plants. If 
fewer than 40 symptomatic plants are present, each symptomatic plant 
must be sampled and additional samples must be taken from asymptomatic 
plants so that the minimum number of plants sampled is 40. If no 
symptomatic plants are present, 40 asymptomatic plants must be sampled. 
Each sample may contain more than one leaf, and may come from more than 
one plant, but all plants in the sample must be from the same lot. If 
samples are collected from asymptomatic plants, the samples must be 
taken from regulated and associated articles and nearby plants. 
Inspectors must conduct inspections at times when the best expression of 
symptoms is anticipated and must take nursery fungicide programs into 
consideration. Nursery owners must keep records of fungicide 
applications for 2 years and must make them available to inspectors upon 
request.
    (3) Annual certification. If all plant samples tested in accordance 
with this section and Sec.  301.92-12 return negative results for 
Phytophthora ramorum, the inspector may certify that the nursery is free 
of evidence of Phytophthora ramorum infestation at the time of 
inspection. Nurseries in a regulated area must have current and valid 
certification to ship regulated articles of nursery stock and associated 
articles interstate. If annual certification expires prior to 
reinspection, all plants in the nursery are prohibited interstate 
movement until the nursery is inspected, tested, and re-certified in 
accordance with this section and Sec.  301.92-12.
    (d) Nurseries in regulated areas shipping non-host nursery stock 
interstate. Nurseries located in regulated areas and that move non-host 
nursery stock interstate must meet the requirements in this paragraph or 
the requirements of paragraph (c) of this section. If such nurseries 
contain any regulated or associated articles, the nursery must meet the 
requirements of paragraph (c). This paragraph (d) only applies if there 
are no regulated or associated articles in the nursery. Nurseries that 
do not meet the requirements of paragraphs (c) or (d) of this section 
are prohibited from moving non-host nursery stock interstate.
    (1) Annual visual inspection. The nursery must be visually inspected 
annually for symptoms of Phytophthora ramorum. Inspections and 
determinations of apparent pest freedom for such nurseries must occur at 
the time when

[[Page 169]]

the best expression of symptoms is anticipated.
    (2) Sampling. All plants showing symptoms infection with 
Phytophthora ramorum upon inspection will be sampled and tested in 
accordance with Sec.  301.92-12. If symptomatic plants are found upon 
inspection, the following plants must be withheld from interstate 
shipment until testing is completed and the nursery is found free of 
evidence of Phytophthora ramorum in accordance with Sec.  301.92-12: All 
symptomatic plants, any plants located in the same lot as the 
symptomatic plant, and any plants located within 2 meters of that lot of 
plants.
    (3) Certification. If all plant samples tested in accordance with 
this section and Sec.  301.92-12 return negative results for 
Phytophthora ramorum, or if an inspector determines that plants in the 
nursery exhibit no signs of infection with Phytophthora ramorum, the 
inspector may certify that the nursery is free of evidence of 
Phytophthora ramorum infestation at the time of inspection. 
Certification is valid for 1 year and must be renewed each year to 
continue shipping plants interstate.
    (e) Additions to the lists of proven hosts and associated plants. In 
the event that APHIS informs a nursery owner that additional proven 
hosts or associated plants exist, but those taxa are not yet listed in 
this subpart, the following provisions apply:
    (1) Nurseries operating under a compliance agreement in accordance 
with Sec.  301.92-6 may continue to ship plants interstate in accordance 
with this subpart.
    (2) Nurseries that had not previously contained any regulated or 
associated articles, and that had been inspected in accordance with 
Sec.  301.92-11(b)(3) and allowed to ship plants interstate without 
certificate, but that contain a newly identified proven host or 
associated plant must cease interstate shipments of regulated articles 
and associated hosts until the nursery is reinspected and found free of 
evidence of Phytophthora ramorum in accordance with Sec.  301.92-11. 
Nurseries that come under regulation during winter dormancy periods and 
that are not able to be inspected in accordance with Sec.  301.92-11 
prior to desired shipments of non-host nursery stock may be allowed to 
ship non-host nursery stock interstate at the discretion of an 
inspector.

(Approved by the Office of Management and Budget under control number 
0579-0310)



Sec.  301.92-12  Testing protocols.

    Samples must be analyzed using a methodology approved by APHIS at a 
laboratory approved by APHIS. The following methodology is approved by 
APHIS.
    (a) Optional ELISA Prescreening. An APHIS-approved ELISA may be used 
to prescreen plant samples to determine the presence of Phytophthora 
spp.
    (1) Negative prescreening results. If all samples from a single 
nursery are found to be negative through APHIS-approved ELISA 
prescreening, no further testing is required. The nursery may be 
considered free of evidence of Phytophthora ramorum, and plants in the 
nursery are eligible for interstate movement under certificate in 
accordance with Sec.  301.92-5.
    (2) Positive prescreening results. If ELISA prescreening reveals the 
presence of Phytophthora spp. in any plants, each sample that returns 
positive ELISA results must be tested as provided in paragraph (b) of 
this section.
    (b) Mandatory testing procedures. If ELISA prescreening is not 
performed, or if results of ELISA prescreening are positive for 
Phytophthora spp. in any sample, the sample must be analyzed using an 
APHIS-approved test. Samples will be considered positive for 
Phytophthora ramorum based on positive results of any approved test. 
Positive PCR or other molecular tests do not require confirmatory 
culture tests, nor do positive culture tests require confirmatory PCR or 
other molecular tests; however, if culture tests return other than 
positive results, an APHIS-approved PCR or other molecular test must be 
conducted, as provided in paragraph (b)(1) of this section.
    (1) PCR or other molecular tests--(i) Negative results. If the 
results of PCR or other molecular tests are negative for all samples in 
a nursery, no further testing is required. The nursery may be considered 
free of evidence of Phytophthora ramorum and plants in the nursery are 
eligible for interstate

[[Page 170]]

movement under certificate in accordance with Sec.  301.92-5.
    (ii) Positive results. If any samples tested using PCR or other 
molecular tests return positive results for Phytophthora ramorum, the 
nursery from which they originate is prohibited from moving plants 
interstate. The nursery will be eligible to ship certain plants 
interstate when an inspector determines that those plants are free of 
evidence of Phytophthora ramorum.
    (2) Culture Test--(i) Negative results. If the results of culture 
tests are other than positive for any samples taken from a single 
nursery, plants in the nursery must continue to be withheld from 
shipment in accordance with Sec.  301.92-11 and each plant sample must 
be tested again using a PCR or other molecular test, as described in 
this section.
    (ii) Positive results. If any culture tests return positive results 
for Phytophthora ramorum, the nursery from which they originate is 
prohibited from moving plants interstate as directed by an inspector. 
The nursery will be eligible to ship certain plants interstate when an 
inspector determines that those plants are free of evidence of 
Phytophthora ramorum.
    (c) Other test methods. Other test methods may be acceptable if 
approved by APHIS.



PART 302_DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS
--Table of Contents



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--Table of Contents



Sec.
305.1 Definitions.
305.2 Approved treatments.
305.3 Processes for adding, revising, or removing treatment schedules in 
          the PPQ Treatment Manual.
305.4 Monitoring and certification of treatments.
305.5 Chemical treatment requirements.
305.6 Cold treatment requirements.
305.7 Quick freeze treatment requirements.
305.8 Heat treatment requirements.
305.9 Irradiation treatment requirements.

    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: 75 FR 4241, Jan. 26, 2010, unless otherwise noted.



Sec.  305.1  Definitions.

    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.
    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

[[Page 171]]

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.
    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.
    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. Treatment with any type of ionizing radiation.
    Methyl bromide. A colorless, odorless biocide used to fumigate a 
wide range of commodities.
    Neutralize. To prevent the establishment of a plant pest by killing 
it, sterilizing it, preventing its development from an immature stage, 
or preventing its emergence from its host.
    Plant Protection and Quarantine (PPQ). The Plant Protection and 
Quarantine program of APHIS.
    PPQ Treatment Manual. A document that contains treatment schedules 
that are approved by the Administrator for use under this part. The 
Treatment Manual is available on the Internet at (http://
www.aphis.usda.gov/import_export/plants/manuals/index.shtml) or by 
contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Manuals Unit, 92 Thomas Johnson Drive, Suite 
200, Frederick, MD 21702.
    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.
    Treatment facility. Any APHIS-certified place, warehouse, or 
approved enclosure where a treatment is conducted to mitigate a plant 
pest.
    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.

[75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60360, Sept. 29, 2011; 
83 FR 5876, Feb. 12, 2018]



Sec.  305.2  Approved treatments.

    (a) Certain commodities or articles require treatment, or are 
subject to treatment, prior to 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.
    (b) Treatments may only be administered in accordance with the 
requirements of this part and in accordance with treatment schedules 
approved by the Administrator as effective at neutralizing quarantine 
pests. The treatment schedules found in the PPQ Treatment Manual have 
been approved by the Administrator. Treatment schedules may be added to 
the PPQ Treatment Manual in accordance with Sec.  305.3. Treatment 
schedules may also be approved by the Administrator in accordance with 
paragraph (c) of this section.
    (c) Persons who wish to have a treatment schedule approved by the 
Administrator as effective at neutralizing a quarantine pest or pests 
may apply for approval by submitting the treatment schedule, along with 
any supporting information and data, to the Animal and Plant Health 
Inspection Service, Plant

[[Page 172]]

Protection and Quarantine, Center for Plant Health Science and 
Technology, 1730 Varsity Drive, Suite 400, Raleigh, NC 27606-5202. Upon 
receipt of such an application, the Administrator will review the 
schedule and the supporting information and data and respond with 
approval or denial of the treatment schedule. If the Administrator 
determines the treatment schedule to be of potential general use, the 
Administrator may add the new treatment schedule to the PPQ Treatment 
Manual or revise an existing schedule, as appropriate, in accordance 
with Sec.  305.3.
    (d) 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.

[75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60360, Sept. 29, 2011]



Sec.  305.3  Processes for adding, revising, or removing treatment
schedules in the PPQ Treatment Manual.

    (a) Normal process for adding, revising, or removing treatment 
schedules. Unless there is a need to immediately add, revise, or remove 
a treatment schedule, as provided in paragraph (b)(1) of this section, a 
treatment schedule may be added to the PPQ Treatment Manual, revised, or 
removed from the PPQ Treatment Manual as follows:
    (1) Notice of change to treatment schedule. APHIS will publish in 
the Federal Register a notice describing the reasons we have determined 
that it is necessary to add, revise, or remove a treatment schedule and, 
if necessary, making available the new or revised treatment schedule as 
it would be added to the PPQ Treatment Manual. In our notice, we will 
provide for a public comment period on the new or revised treatment 
schedule or on the removal of the treatment schedule from the PPQ 
Treatment Manual.
    (2) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period indicating that the treatment 
schedule specified in the initial notice will be added to the PPQ 
Treatment Manual, revised as described in the notice, or removed from 
the PPQ Treatment Manual if:
    (A) No comments were received on the notice;
    (B) The comments on the notice supported our action; or
    (C) The comments on the notice were evaluated but did not change our 
determination that it is necessary to add, revise, or remove the 
treatment schedule, as described in the notice.
    (ii) If the notice issued after the close of the public comment 
period indicates that a change will be made to the PPQ Treatment Manual, 
APHIS will make available a new version of the PPQ Treatment Manual that 
reflects the addition, revision, or removal of the particular treatment 
schedule.
    (iii) If comments present information that causes us to determine 
that the change described in the notice is not appropriate, APHIS will 
issue a notice informing the public of this determination after the 
close of the comment period.
    (b) Process for immediately adding, revising, or removing treatment 
schedules. Treatment schedules may be immediately added to the PPQ 
Treatment Manual, revised, or removed from the PPQ Treatment Manual 
under the circumstances described in paragraph (b)(1) of this section 
and in accordance with the process described in paragraphs (b)(2) and 
(b)(3) of this section.
    (1) Circumstances in which the immediate process may be used. 
Treatment schedules may be immediately added to the PPQ Treatment 
Manual, revised, or removed from the PPQ Treatment Manual if any of the 
following circumstances apply:
    (i) PPQ has determined that an approved treatment schedule is 
ineffective at neutralizing the targeted plant pest(s);
    (ii) PPQ has determined that, in order to neutralize the targeted 
plant pest(s), the treatment schedule must be administered using a 
different process than was previously used;
    (iii) PPQ has determined that a new treatment schedule is effective, 
based on efficacy data, and that ongoing trade in an article or articles 
may be adversely impacted unless the new treatment schedule is approved 
for use; or
    (iv) The use of a treatment schedule is no longer authorized by the 
U.S. Environmental Protection Agency or by any other Federal entity.

[[Page 173]]

    (2) Process for immediate change to treatment schedules. If PPQ 
determines that one or more of the circumstances in paragraph (b)(1) of 
this section applies and that it is necessary to take immediate action, 
APHIS will publish in the Federal Register a notice describing the 
reasons we have determined that it is necessary to immediately add, 
revise, or remove a treatment schedule and, if necessary, making 
available the new or revised treatment schedule as it has been added to 
the PPQ Treatment Manual. Treatment schedules that have been added to 
the PPQ Treatment Manual or revised under this process will be 
identified in the PPQ Treatment Manual as having been added or revised 
through the immediate process described in this paragraph (b). The PPQ 
Treatment Manual will indicate that these treatment schedules are 
subject to change or removal based on public comment. In our notice, we 
will provide for a public comment period on the new or revised treatment 
schedule or on the removal of the treatment schedule from the PPQ 
Treatment Manual.
    (3) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period affirming the action described in the 
initial notice if:
    (A) No comments were received on the notice;
    (B) The comments on the notice supported our action; or
    (C) The comments on the notice were evaluated but did not change our 
determination that it was necessary to add, revise, or remove the 
treatment schedule, as described in the notice.
    (ii) If the notice issued after the close of the public comment 
period indicates that the initial change to the PPQ Treatment Manual is 
affirmed, APHIS will make available a new version of the PPQ Treatment 
Manual that will reflect the addition, revision, or removal of the 
particular treatment schedule in the main body of the PPQ Treatment 
Manual.
    (iii) If comments present information that causes us to determine 
that it is necessary to change a treatment schedule added to the PPQ 
Treatment Manual under this process or to further revise a treatment 
schedule that was revised under this process, APHIS will publish a 
notice in the Federal Register informing the public of this 
determination after the close of the comment period and will revise the 
treatment schedule accordingly.
    (iv) If comments present information that causes us to determine 
that the change described in the initial notice was not appropriate, 
APHIS will publish a notice in the Federal Register informing the public 
of this determination after the close of the comment period and will, if 
necessary, remove the new or revised treatment schedule from the 
separate section of the PPQ Treatment Manual.



Sec.  305.4  Monitoring and certification of treatments.

    (a) All treatments approved under part 305 are subject to monitoring 
and verification by APHIS.
    (b) Any treatment performed outside the United States must be 
monitored and certified by an inspector or an official authorized by 
APHIS. 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 noxious weeds.



Sec.  305.5  Chemical 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, as specified in 
the treatment schedules in the PPQ Treatment Manual or in another 
treatment schedule approved in accordance with Sec.  305.2.
    (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

[[Page 174]]

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) Compliance agreements. Any person who conducts a fumigation in 
the United States or operates a facility where fumigation is conducted 
in the United States for phytosanitary purposes must sign a compliance 
agreement with APHIS.
    (1) Fumigation treatment facilities treating imported articles; 
compliance agreements with facility operators for fumigation in the 
United States. If fumigation treatment of imported articles is conducted 
in the United States, the fumigation treatment facility operator or the 
person who conducts fumigation must sign a compliance agreement with 
APHIS. The fumigation facility operator or the person who conducts 
fumigation must agree to comply with the requirements of this section 
and any additional requirements found necessary by APHIS to prevent the 
escape of any pests of concern that may be associated with the articles 
to be treated.
    (2) Fumigation treatment facilities treating articles moved 
interstate from Hawaii and U.S. territories. Fumigation treatment 
facilities treating articles moved interstate from Hawaii and U.S. 
territories must complete a compliance agreement with APHIS as provided 
in Sec.  318.13-3(d) of this chapter.
    (3) Fumigation treatment facilities treating articles moved 
interstate from areas quarantined for fruit flies. Fumigation treatment 
facilities treating articles moved interstate from areas quarantined for 
fruit flies must complete a compliance agreement with APHIS as provided 
in Sec.  301.32-6 of this chapter.
    (4) Fumigation treatment facilities treating articles moved 
interstate from areas quarantined for Asian citrus psyllid. Fumigation 
treatment facilities treating articles moved interstate from areas 
quarantined only for Asian citrus psyllid, and not for citrus greening, 
must complete a compliance agreement with APHIS as provided in Sec.  
301.76-8 of this chapter.
    (d) Treatment procedures. (1) To kill the pest, all chemical 
applications must be administered in accordance with an Environmental 
Protection Agency (EPA) approved pesticide label and the APHIS-approved 
treatment schedule prescribed in the PPQ Treatment Manual or in another 
treatment schedule approved in accordance with Sec.  305.2. If EPA 
cancels approval for the use of a pesticide on a commodity, then the 
treatment schedule prescribed in the PPQ Treatment Manual or approved in 
accordance with Sec.  305.2 is no longer authorized for that commodity. 
If the commodity is not listed on the pesticide label and/or included in 
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) Unless otherwise specified in the PPQ Treatment Manual or in 
another approved treatment schedule, 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 or authorized under Section 18 of FIFRA.
    (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.

[[Page 175]]

    (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.

(Approved by the Office of Management and Budget under control number 
0579-0450)

[75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60361, Sept. 29, 2011; 
83 FR 5876, Feb. 12, 2018]



Sec.  305.6  Cold treatment requirements.

    (a) Certification of treatment facilities. All facilities or 
locations used for refrigerating fruits or vegetables in accordance with 
the cold treatment schedules in the PPQ Treatment Manual or in another 
treatment schedule approved in accordance with Sec.  305.2 must be 
certified by APHIS. Recertification of the facility or carrier is 
required every 3 years, or as often as APHIS directs, depending on 
treatments performed, commodities handled, and operations conducted at 
the facility. A facility will only be certified or recertified if the 
Administrator determines that the location of the facility is such that 
those Federal agencies involved in its operation and oversight have 
adequate resources to conduct the necessary operations at the facility, 
that the pest risks can be managed at that location, and that the 
facility meets all criteria for approval. Other agencies that have 
regulatory oversight and requirements must concur in writing with the 
establishment of the facility prior to APHIS approval. In order to be 
certified, 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) Be capable of preventing the escape and spread of pests while 
regulated articles are at the facility; and
    (3) Have equipment that is adequate to effectively perform cold 
treatment.
    (b)(1) Location of facilities. Where certified cold treatment 
facilities are available, an approved cold treatment may be conducted 
for any imported regulated article either prior to shipment to the 
United States or in the United States. For any regulated article moved 
interstate from Hawaii or U.S. territories, cold treatment may be 
conducted either prior to movement to the mainland United States or in 
the mainland United States. Cold treatment facilities may be located in 
any State on the mainland United States. For cold treatment facilities 
located in the area south of 39[deg] latitude and west of 104[deg] 
longitude, the following additional conditions must be met:
    (i) Prospective facility operators must submit a detailed layout of 
the facility site and its location to APHIS. APHIS will evaluate plant 
health risks based on the proposed location and layout of the facility 
site. APHIS will only approve a proposed facility if the Administrator 
determines that regulated articles can be safely transported to the 
facility from the port of entry or points of origin in the United 
States.
    (ii) The government of the State in which the facility is to be 
located must concur in writing with the location of the facility or, if 
it does not concur, must provide a written explanation of concern based 
on pest risks. In instances where the State government does not concur 
with the proposed facility location, and provides a written explanation 
of concern based on pest risks, APHIS and the State must agree on a 
strategy to resolve the pest risk concerns prior to APHIS approval. If 
the State does not provide a written explanation of concern based on 
pest risks, then State concurrence will not be required before APHIS 
approves the facility location.
    (iii) Untreated articles may not be removed from their packaging 
prior to treatment under any circumstances.
    (iv) The facility must have contingency plans, approved by APHIS, 
for safely destroying or disposing of regulated articles if the facility 
is unable to properly treat a shipment.
    (v) The facility may only treat articles approved by APHIS for 
treatment at the facility. Approved articles will be listed in the 
compliance agreement required in paragraph (f) of this section.
    (vi) Arrangements for treatment must be made before the departure of 
a consignment from its port of entry or points of origin in the United 
States. APHIS and the facility must agree on all parameters, such as 
time, routing,

[[Page 176]]

and conveyance, by which the consignment will move from the port of 
entry or points of origin in the United States to the treatment 
facility. If APHIS and the facility cannot reach agreement in advance on 
these parameters then no consignments may be moved to that facility 
until an agreement has been reached.
    (vii) Regulated articles must be conveyed to the facility in a 
refrigerated (via motorized refrigeration equipment) conveyance at a 
temperature that minimizes the mobility of the pests of concern for the 
article.
    (viii) The facility must apply all post-treatment safeguards 
required for certification under paragraph (a) of this section before 
releasing the articles.
    (ix) The facility must remain locked when not in operation.
    (x) The facility must maintain and provide APHIS with an updated map 
identifying places where horticultural or other crops are grown within 4 
square miles of the facility. Proximity of host material to the facility 
will necessitate trapping or other pest monitoring activities, funded by 
the facility, to help prevent establishment of any escaped pests of 
concern, as approved by APHIS; these activities will be listed in the 
compliance agreement required in paragraph (f) of this section. The 
treatment facility must have a pest management plan within the facility.
    (xi) The facility must comply with any additional requirements 
including, but not limited to, the use of pest-proof packaging and 
container seals, that APHIS may require to prevent the escape of plant 
pests during transport to and from the cold treatment facility itself, 
for a particular facility based on local conditions, and for any other 
risk factors of concern. These activities will be listed in the 
compliance agreement required in paragraph (f) of this section.
    (2) For articles that are moved interstate from areas quarantined 
for fruit flies, cold treatment facilities may be located either within 
or outside of the quarantined area. If the articles are treated outside 
the quarantined area, they must be accompanied to the facility by a 
limited permit issued in accordance with Sec.  301.32-5(b) of this 
chapter and must be moved in accordance with any safeguards determined 
to be appropriate by APHIS.
    (c) Cold treatment enclosures. All enclosures, in which cold 
treatment is performed, including refrigerated containers, must:
    (1) Be capable of maintaining the highest temperature of the 
treatment schedule under which the fruit will be treated specified in 
the PPQ Treatment Manual or in another approved treatment schedule 
before the treatment begins and holding fruit at or below the treatment 
temperature during the treatment.
    (2) Maintain fruit pulp temperatures according to treatment 
schedules with no more than a 0.39 [deg]C (0.7 [deg]F) variation in 
temperature between two consecutive hourly readings.
    (3) Be structurally sound and adequate to maintain required 
temperatures.
    (d) Treatment procedures. (1) All material, labor, and equipment for 
cold treatment performed on a vessel must be provided by the vessel or 
vessel agent. An official authorized by APHIS monitors, manages, and 
advises in order to ensure that the treatment procedures are followed.
    (2) Refrigeration must be completed in the container, compartment, 
or room in which it is begun.
    (3) Fruit that may be cold treated must be safeguarded to prevent 
cross-contamination or mixing with other infested fruit.
    (4) Fruit intended for in-transit cold treatment must be precooled 
to no more than the highest temperature of the treatment schedule under 
which the fruit will be treated prior to beginning treatment. The in-
transit treatment enclosure may not be used for precooling unless an 
official authorized by APHIS approves the loading of the fruit in the 
treatment enclosure as adequate to allow for fruit pulp temperatures to 
be taken prior to beginning treatment. If the fruit is precooled outside 
the treatment enclosure, an official authorized by APHIS will take pulp 
temperatures manually from a sample of the fruit as the fruit is loaded 
for in-transit cold treatment to verify that precooling was completed.

[[Page 177]]

If the pulp temperatures for the sample are 0.28 [deg]C (0.5 [deg]F) or 
more above the highest temperature of the treatment schedule under which 
the fruit will be treated, the pallet from which the sample was taken 
will be rejected and returned for additional precooling until the fruit 
reaches the highest temperature of the treatment schedule under which 
the fruit will be treated. If fruit is precooled in the treatment 
enclosure, or if treatment is conducted at a cold treatment facility in 
the United States, the fruit must be precooled to the highest 
temperature of the treatment schedule under which the fruit will be 
treated, as verified by an official authorized by APHIS, prior to 
beginning treatment.
    (5) Breaks, damage, etc., in the treatment enclosure that preclude 
maintaining correct temperatures must be repaired before the enclosure 
is used. An official authorized by APHIS must approve loading of 
compartment, number and placement of temperature probes or sensors, and 
initial fruit temperature readings before beginning the treatment. 
Hanging decks and hatch coamings within vessels may not be used as 
enclosures for in-transit cold treatment without prior written approval 
from APHIS. Double-stacking of pallets is not allowed.
    (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 may 
be treated. A numbered seal must be placed on the doors of the loaded 
container and may be removed only at the port of destination by an 
official authorized by APHIS.
    (7) Temperature recording devices used during treatment must be 
secured using measures approved by APHIS as adequate to ensure the 
security and integrity of cold treatment data. The devices must be able 
to record the date, time, and sensor number and automatic and continuous 
records of the temperature during all calibrations and during treatment. 
Recording devices must be capable of generating temperature charts for 
verification by an inspector. If records of calibrations or treatments 
are found to have been manipulated, the vessel or container in which the 
treatment is performed may be suspended from conducting cold treatments 
until proper equipment is installed and an official authorized by APHIS 
has recertified it. APHIS' decision to recertify a vessel or container 
will take into account the severity of the infraction that led to 
suspension.
    (8) A minimum of four temperature probes or sensors is required for 
vessel holds used as treatment enclosures. A minimum of three 
temperature probes or sensors is required for other treatment 
enclosures. An official authorized by APHIS will have the option to 
require that additional temperature probes or sensors be used, depending 
on the size of the treatment enclosure.
    (9) Fruit pulp temperatures must be maintained at the temperature 
specified in the treatment schedule with no more than a 0.39 [deg]C (0.7 
[deg]F) variation in temperature between two consecutive hourly 
readings. Failure to comply with this requirement will result in 
invalidation of the treatment unless an official authorized by APHIS can 
verify that the pulp temperature was maintained at or below the 
treatment temperature for the duration of the treatment.
    (10) The time required to complete the treatment begins when all 
temperature probes reach the prescribed cold treatment schedule 
temperature. Refrigeration continues until the vessel arrives at the 
port of destination and the fruit is released for unloading by an 
inspector even though this may prolong the period required for the cold 
treatment.
    (11) Temperatures must be recorded at intervals no longer than 1 
hour apart. Gaps of longer than 1 hour will invalidate the treatment or 
indicate treatment failure unless an official authorized by APHIS can 
verify that the pulp temperature was maintained at or below the 
treatment temperature for the duration of the treatment.
    (12) Cold treatment is not completed until so declared by an 
official authorized by APHIS or the certifying official of the foreign 
country; consignments of treated commodities may not be discharged until 
APHIS clearance has been fully completed, including review and approval 
of treatment record charts.

[[Page 178]]

    (13) 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.
    (14) An official authorized by APHIS may perform audits to ensure 
that the treatment procedures comply with the regulations in this 
section and that the treatment is administered in accordance with the 
treatment schedules in the PPQ Treatment Manual or in accordance with 
another approved treatment schedule. The official authorized by APHIS 
must be given the appropriate materials and access to the facility, 
container, or vessel necessary to perform the audits.
    (15) An inspector will sample and cut fruit from each consignment 
after it has been cold treated to monitor treatment effectiveness. If a 
single live pest of concern in any stage of development is found, the 
consignment 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 pests of concern, APHIS may suspend the 
importation of fruits from the originating country and conduct an 
investigation into the cause of the deficiency. APHIS may waive the 
sampling and cutting requirement of paragraph (d)(15) of this section, 
provided that the national plant protection organization (NPPO) of the 
exporting country has conducted such sampling and cutting in the 
exporting country as part of a biometric sampling protocol approved by 
APHIS.
    (16) 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.
    (e) Monitoring. Treatment must be monitored by an inspector to 
ensure proper administration of the treatment. An inspector must also 
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 inspector may approve, adjust, or 
reject the treatment. Facilities must be located within the local 
commuting area for APHIS employees for inspection purposes. Facilities 
treating imported articles must also be located within an area over 
which the U.S. Department of Homeland Security is assigned authority to 
accept entries of merchandise, to collect duties, and to enforce the 
provisions of the customs and navigation laws in force.
    (f) Compliance agreements. Any person who operates a facility where 
cold treatment is conducted for phytosanitary purposes must sign a 
compliance agreement with APHIS.
    (1) Compliance agreements with importers and facility operators for 
cold treatment in the United States. If cold treatment of imported 
articles is conducted in the United States, both the importer and the 
operator of the cold treatment facility or the person who conducts the 
cold treatment must sign compliance agreements with APHIS. In the 
importer compliance agreement, the importer must agree to comply with 
any additional requirements found necessary by APHIS 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 treated during their transit from the port of first 
arrival to the cold treatment facility in the United States. In the 
facility compliance agreement, the facility operator or person 
conducting the cold treatment must agree to comply with the requirements 
of this section and any additional requirements found necessary by APHIS 
to prevent the escape of any pests of concern that may be associated 
with the articles to be treated.
    (2) Compliance agreements with cold treatment facilities outside the 
United States. If cold treatment of imported articles is conducted 
outside the United States, the operator of the cold

[[Page 179]]

treatment facility must sign a compliance agreement or an equivalent 
agreement with APHIS and the NPPO 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 NPPO of the 
country in which the facility is located must agree to monitor that 
compliance and inform the Administrator of any noncompliance.
    (3) Cold treatment facilities treating articles moved interstate 
from Hawaii and U.S. territories. Cold treatment facilities treating 
articles moved interstate from Hawaii and the U.S. territories must 
complete a compliance agreement with APHIS as provided in Sec.  318.13-
3(d) of this chapter.

(Approved by the Office of Management and Budget under control number 
0579-0450)

[75 FR 4241, Jan. 26, 2010, as amended at 75 FR 52217, Aug. 25, 2010; 76 
FR 60361, Sept. 29, 2011; 78 FR 63374, Oct. 24, 2013; 83 FR 5876, Feb. 
12, 2018]



Sec.  305.7  Quick freeze treatment requirements.

    Quick freeze treatment 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.  319.56-12 or 318.13-13, 
respectively, of this chapter. The PPQ Treatment Manual indicates fruits 
and vegetables for which quick freeze is an authorized treatment. 
Requests to authorize quick freeze as a treatment for other fruits and 
vegetables may be made in accordance with Sec.  305.2(c).

[75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60361, Sept. 29, 2011]



Sec.  305.8  Heat 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 in the PPQ Treatment Manual or in another treatment 
schedule approved in accordance with Sec.  305.2.
    (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 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) Workplans. Facilities located outside the United States must 
operate in accordance with a workplan. The workplan 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 workplan must contain requirements for 
equipment, temperature, water quality, circulation, and other measures 
to ensure that heat treatments are administered properly. Workplans for 
facilities outside the United States must include trust fund agreement 
information regarding payment of the salaries and expenses of APHIS 
employees on site. Workplans 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

[[Page 180]]

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.

[75 FR 4241, Jan. 26, 2010, as amended at 76 FR 60361, Sept. 29, 2011]



Sec.  305.9  Irradiation treatment requirements.

    Irradiation, carried out in accordance with the provisions of this 
section, is approved as a treatment for any imported regulated article 
(i.e., fruits, vegetables, cut flowers, and foliage); for any regulated 
article moved interstate from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam, and the Commonwealth of the Northern Marianas Islands 
(referred to collectively, in this section, as Hawaii and U.S. 
territories); for any berry, fruit, nut, or vegetable listed as a 
regulated article in Sec.  301.32-2(a) of this chapter; and for any 
regulated article listed in 301.76-2 of this chapter and intended for 
consumption, as apparel or as a similar personal accessory, or for 
decorative use.
    (a) Location of facilities. (1) Where certified irradiation 
facilities are available, an approved irradiation treatment may be 
conducted for any imported regulated article either prior to shipment to 
the United States or in the United States. For any regulated article 
moved interstate from Hawaii or U.S. territories, irradiation treatment 
may be conducted either prior to movement to the mainland United States 
or in the mainland United States. Irradiation facilities may be located 
in any State on the mainland United States. For irradiation facilities 
located in the States of Alabama, Arizona, California, Florida, Georgia, 
Kentucky, Louisiana, Mississippi, Nevada, New Mexico, North Carolina, 
South Carolina, Tennessee, Texas, and Virginia, the following additional 
conditions must be met:
    (i) Prospective facility operators must submit a detailed layout of 
the facility site and its location to APHIS. APHIS will evaluate plant 
health risks based on the proposed location and layout of the facility 
site. APHIS will only approve a proposed facility if the Administrator 
determines that regulated articles can be safely transported to the 
facility from port of entry or points of origin in the United States.
    (ii) The government of the State in which the facility is to be 
located must concur in writing with the location of the facility or, if 
it does not concur, must provide a written explanation of concern based 
on pest risks. In instances where the State government does not concur 
with the proposed facility location, and provides a written explanation 
of concern based on pest risks, APHIS and the State must agree on a 
strategy to resolve the pest risk concerns prior to APHIS approval. If 
the State does not provide a written explanation of concern based on 
pest risks, then State concurrence will not be required before APHIS 
approves the facility location.
    (iii) Untreated articles may not be removed from their packaging 
prior to treatment under any circumstances.
    (iv) The facility must have contingency plans, approved by APHIS, 
for safely destroying or disposing of regulated articles if the facility 
is unable to properly treat a shipment.
    (v) The facility may only treat articles approved by APHIS for 
treatment at the facility. Approved articles will be listed in the 
compliance agreement required in paragraph (c)(1)(i) of this section.
    (vi) Arrangements for treatment must be made before the departure of 
a consignment from its port of entry or points of origin in the United 
States. APHIS and the facility must agree on all parameters, such as 
time, routing,

[[Page 181]]

and conveyance, by which the consignment will move from the port of 
entry or points of origin in the United States to the treatment 
facility. If APHIS and the facility cannot reach agreement in advance on 
these parameters then no consignments may be moved to that facility 
until an agreement has been reached.
    (vii) Regulated articles must be conveyed to the facility in a 
refrigerated (via motorized refrigeration equipment or other methods 
including ice or insulation) or air-conditioned conveyance at a 
temperature that minimizes the mobility of the pests of concern for the 
article.
    (viii) The facility must maintain and provide APHIS with an updated 
map identifying places where horticultural or other crops are grown 
within 4 square miles of the facility. Proximity of host material to the 
facility will necessitate trapping or other pest monitoring activities 
to help prevent establishment of any escaped pests of concern, as 
approved by APHIS; these activities will be listed in the compliance 
agreement required in paragraph (c)(1)(i) of this section. The treatment 
facility must have a pest management plan within the facility.
    (ix) The facility must comply with any additional requirements that 
APHIS may require to prevent the escape of plant pests during transport 
to and from the irradiation facility itself, for a particular facility 
based on local conditions, and for any other risk factors of concern. 
These activities will be listed in the compliance agreement required in 
paragraph (c)(1)(i) of this section.
    (2) For articles that are moved interstate from areas quarantined 
for fruit flies, irradiation facilities may be located either within or 
outside of the quarantined area. If the articles are treated outside the 
quarantined area, they must be accompanied to the facility by a limited 
permit issued in accordance with Sec.  301.32-5(b) of this chapter and 
must be moved in accordance with any safeguards determined to be 
appropriate by APHIS.
    (3) For articles that are moved interstate from areas quarantined 
only for Asian citrus psyllid, and not for citrus greening, irradiation 
facilities must be located within an area that is not quarantined for 
citrus greening.
    (b) Approved facilities. The irradiation treatment facility must be 
approved by APHIS. Other agencies that have regulatory oversight and 
requirements must concur in writing with the establishment of the 
facility prior to APHIS approval. In order to be approved, a facility 
must fulfill the requirements in paragraphs (c) and (d) of this section.
    (c) Compliance agreements. Compliance agreements for facilities 
located in States listed in paragraph (a)(1) of this section may also 
contain additional provisions as described in paragraphs (a)(1)(i) 
through (a)(1)(ix) of this section. (1) Irradiation facilities treating 
imported articles. (i) Compliance agreements with importers and facility 
operators for irradiation in the United States. If irradiation of 
imported articles is conducted in the United States, both the importer 
and the operator of the irradiation facility must sign compliance 
agreements with APHIS. In the facility compliance agreement, the 
facility operator must agree to comply with any additional requirements 
found necessary by APHIS to prevent the escape, prior to irradiation, of 
any pests of concern 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 
APHIS 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.
    (ii) Compliance agreement with irradiation facilities outside the 
United States. If irradiation of imported articles is conducted outside 
the United States, the operator of the irradiation facility must sign a 
compliance agreement with APHIS and the national plant protection 
organization (NPPO) 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 NPPO of the country in which the

[[Page 182]]

facility is located must agree to monitor that compliance and to inform 
the Administrator of any noncompliance.
    (2) Irradiation facilities treating articles moved interstate from 
Hawaii and U.S. territories. Irradiation facilities treating articles 
moved interstate from Hawaii and U.S. territories must complete a 
compliance agreement with APHIS as provided in Sec.  318.13-3(d) of this 
chapter.
    (3) Irradiation facilities treating articles moved interstate from 
areas quarantined for fruit flies. Irradiation facilities treating 
articles moved interstate from areas quarantined for fruit flies must 
complete a compliance agreement with APHIS as provided in Sec.  301.32-6 
of this chapter.
    (4) Irradiation facilities treating articles moved interstate from 
areas quarantined only for Asian citrus psyllid, and not for citrus 
greening, must complete a compliance agreement with APHIS as provided in 
Sec.  301.76-8 of this chapter.
    (d) Certified facility. The irradiation treatment facility must be 
certified by APHIS. Recertification is required in the event of an 
increase in the amount of radioisotope, a decrease in the amount of 
radioisotope for a reason other than natural decay, 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 the PPQ Treatment Manual or in another 
treatment schedule approved in accordance with Sec.  305.2 to the 
regulated articles;\1\
---------------------------------------------------------------------------

    \1\ 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 to be used to treat imported articles and is 
located in the United States, the facility will only be certified if 
APHIS 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.
    (e) 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 must be located within the local commuting area 
for APHIS employees for inspection purposes.
    (1) Irradiation facilities treating imported articles; irradiation 
treatment framework equivalency workplan. Facilities shall be located 
within an area over which the U.S. Department of Homeland Security is 
assigned authority to accept entries of merchandise, to collect duties, 
and to enforce the provisions of the customs and navigation laws in 
force. The NPPO of a country from which articles are to be imported into 
the United States in accordance with this section must sign a framework 
equivalency workplan with APHIS. In this plan, both the NPPO and APHIS 
will specify the following items for their respective countries:
    (A) Citations for any requirements that apply to the importation of 
irradiated fruits and vegetables;
    (B) The type and amount of inspection, monitoring, or other 
activities that will be required in connection with allowing the 
importation of irradiated fruits and vegetables into that country; and
    (C) Any other conditions that must be met to allow the importation 
of irradiated fruits and vegetables into that country.

[[Page 183]]

    (2) Irradiation facilities located in foreign countries. Facilities 
in foreign countries 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 workplan. To ensure the appropriate level of 
monitoring, before articles may be imported in accordance with this 
section, the following agreements must be signed, in addition to the 
irradiation treatment framework equivalency workplan required in 
paragraph (e)(1) of this section:
    (i) Facility preclearance workplan. Prior to commencing importation 
into the United States of articles treated at a foreign irradiation 
facility, APHIS and the NPPO of the country from which articles are to 
be imported must jointly develop a preclearance workplan that details 
the activities that APHIS and the foreign NPPO 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 workplan may include frequency of visits to the 
facility by APHIS and foreign plant protection inspectors, methods for 
reviewing facility records, and methods for verifying that facilities 
are in compliance with the requirements for separation of articles, 
packaging, labeling, and other requirements of this section. This 
facility preclearance workplan will be reviewed and renewed by APHIS and 
the foreign NPPO on an annual basis.
    (ii) Trust fund agreement. Irradiated articles may be imported into 
the United States in accordance with this section only if the NPPO of 
the country in which the irradiation facility is located or a private 
export group has entered into a trust fund agreement with APHIS. That 
agreement requires the NPPO or the private export group 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 NPPO or private export group 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 
NPPO or the private export group 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 NPPO or the private export group or held on account until needed, at 
the option of the NPPO or the private export group.
    (3) Irradiation facilities located within the United States. 
Facilities located within the United States must notify an inspector at 
least 24 hours (excluding Saturday, Sunday, and Federal holidays) before 
scheduled operations. \2\ If the facility will be used to treat imported 
articles, the NPPO of the country from which the articles are to be 
imported into the United States in accordance with this section must 
also sign the irradiation treatment framework equivalency workplan 
required in paragraph (e)(1) of this section.
---------------------------------------------------------------------------

    \2\ Inspectors are assigned to local offices of the Animal and Plant 
Health Inspection Service, which are listed in telephone directories.
---------------------------------------------------------------------------

    (f) Packaging. Articles that are irradiated in accordance with this 
section must be packaged in cartons in the following manner:

[[Page 184]]

    (1) Irradiated articles may not be packaged for shipment in a carton 
with nonirradiated articles.
    (2) For all imported articles irradiated prior to arrival in the 
United States, all articles moved interstate from Hawaii or U.S. 
territories and irradiated prior to arrival in the mainland United 
States, and all regulated articles to be moved interstate from an area 
quarantined for fruit flies or Asian citrus psyllid that are treated 
within the quarantined area:
    (i) The fruits and vegetables must be packaged either:
    (A) In insect-proof cartons that have no openings that will allow 
the entry of the pests of concern. 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 entry or oviposition 
(if applicable) by the pests of concern 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 Inspection and Technology, 1730 
Varsity Drive, Suite 400, Raleigh, NC 27606-5202.
---------------------------------------------------------------------------

    (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 the pests of concern. If stored in 
noninsect-proof cartons in a room that precludes access by the pests of 
concern, 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 the 
pests of concern.
    (ii) To preserve the integrity of treated lots, each pallet-load of 
cartons containing the fruits and vegetables must be secured before 
leaving the irradiation facility in one of the following ways:
    (A) With polyethylene shrink wrap;
    (B) With net wrapping; or
    (C) With strapping.
    (iii) Packaging must be labeled in a manner that allows an inspector 
to determine treatment lot numbers, packing and treatment facility 
identification and location, and dates of packing and treatment.
    (A) For imported articles that are treated prior to arrival in the 
United States, 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, or that will be broken apart into smaller units after entry into 
the United States, must have the required label information on each 
individual carton.
    (B) For articles moved interstate from Hawaii or U.S. territories 
that are treated prior to arrival in the mainland United States, pallets 
that remain intact as one unit until entry into the mainland United 
States may have one such label per pallet. Pallets that are broken apart 
into smaller units prior to or during entry into the mainland United 
States, or that will be broken apart into smaller units after entry into 
the mainland United States, must have the required label information on 
each individual carton.
    (3) For all articles imported to be irradiated upon arrival in the 
United States, moved interstate from Hawaii or U.S. territories to be 
irradiated upon arrival in the mainland United States, or moved 
interstate from areas quarantined for fruit flies or Asian citrus 
psyllid to be irradiated outside the quarantined area, the articles must 
be packed in cartons that have no openings that will allow the exit of 
the pests of concern 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 pests of concern from exiting the carton. 
Cartons of untreated articles must be shipped in shipping containers 
sealed prior to their shipment with seals that will visually indicate if 
the shipping containers have been opened.
    (g) Containers or vans. Containers or vans that will transport 
treated articles must be free of pests of concern prior to loading the 
treated articles.
    (h) Certification of treatment for articles treated outside the 
United States. For each consignment treated in an irradiation facility 
outside the United States, a phytosanitary certificate,

[[Page 185]]

with the treatment section completed and issued by the NPPO, must 
accompany the consignment.
    (i) Dosage. The regulated articles must receive the minimum absorbed 
ionizing radiation dose specified in the PPQ Treatment Manual or in 
another approved treatment schedule.
    (j) Dosimetry systems at the irradiation facility. (1) Dosimetry 
must indicate the doses needed to ensure that all the articles will 
receive the minimum dose prescribed.
    (2) The absorbed dose, as measured using an accurate dosimetry 
system, must meet or exceed the absorbed dose for the pest(s) of concern 
required by the PPQ Treatment Manual or by another approved treatment 
schedule.
    (3) When designing the facility's dosimetry system and procedures 
for its operation, the facility operator must address guidance and 
principles from the International Standards Organization/American 
Society for Testing and Materials standard \4\ or an equivalent standard 
recognized by APHIS.
---------------------------------------------------------------------------

    \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 initial certification and inspection of facility. 
Persons requesting initial 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 Inspection and Technology, 1730 Varsity Drive, 
Suite 400, Raleigh, NC 27606-5202. 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 
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 plant pests listed in 
the PPQ Treatment Manual or the plant pests for which another treatment 
schedule is approved in accordance with Sec.  305.2. From the literature 
available, the articles authorized for treatment under this section are 
believed tolerant to the treatment; however, the facility

[[Page 186]]

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.
    (o) Substitution of irradiation for other treatments. Treatment of 
fruits and vegetables that are from foreign localities, from Hawaii, 
Puerto Rico, and the U.S. Virgin Islands, or from domestic areas under 
quarantine with irradiation in accordance with this section may be 
substituted for other approved treatments if the target pests of the 
other approved treatments are approved for treatment with irradiation in 
the PPQ Treatment Manual or approved for treatment with irradiation in 
accordance with Sec.  305.2.

(Approved by the Office of Management and Budget under control numbers 
0579-0155, 0579-0215, and 0579-0198, 0579-0383)

[75 FR 4241, Jan. 26, 2010, as amended at 75 FR 34336, June 17, 2010; 76 
FR 60361, Sept. 29, 2011; 77 FR 42624, July 20, 2012; 83 FR 5878, Feb. 
12, 2018]



PART 318_STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES
--Table of Contents



       Subpart_Regulated Articles From Hawaii and the Territories

Sec.
318.13-1 Notice of quarantine.
318.13-2 Definitions.
318.13-3 General requirements for all regulated articles.
318.13-4 Approval of certain fruits and vegetables for interstate 
          movement.
318.13-5 Pest-free areas.
318.13-6 Transit of regulated articles from Hawaii or the territories 
          into or through the continental United States.
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 and disinfection of means of conveyance.
318.13-10 Inspection of baggage, other personal effects, and cargo.
318.13-11 Posting of warning notice and distribution of baggage 
          declarations.
318.13-12 Movement by the U.S. Department of Agriculture.
318.13-13 Movement of frozen fruits and vegetables.
318.13-14 Movement of processed fruits, vegetables, and other products.
318.13-15 Parcel post inspection.
318.13-16 Regulated articles from Guam.
318.13-17 Cut flowers from Hawaii.

     Subpart_Territorial Cotton, Cottonseed, and Cottonseed Products

                               Quarantine

318.47 Notice of quarantine.
318.47a Administrative instructions relating to Guam.

                          Rules and Regulations

318.47-1 Definitions.
318.47-2 Articles the movement of which is prohibited or regulated.
318.47-3 Conditions governing the issuance of certificates and permits.
318.47-4 Shipments by the Department of Agriculture.

Subpart_Sand, Soil, or Earth, with Plants From Territories and Districts

318.60 Notice of quarantine.

    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_Regulated Articles From Hawaii and the Territories

    Source: 74 FR 2775, Jan 16, 2009, unless otherwise noted.



Sec.  318.13-1  Notice of quarantine.

    (a) Under the authority of section 412 of the Plant Protection Act, 
the Secretary of Agriculture may prohibit or restrict the movement in 
interstate commerce of any plant or plant product if the Secretary 
determines that the prohibition or restriction is necessary to prevent 
the introduction into the United States or the dissemination within the 
United States of a plant pest or noxious weed.
    (b) The Secretary has determined that it is necessary to prohibit 
the interstate movement of cut flowers and fruits and vegetables and 
plants and portions of plants from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, Guam,

[[Page 187]]

and the Commonwealth of the Northern Mariana Islands except as provided 
in this subpart or as provided in ``Subpart--Territorial Cotton, 
Cottonseed, and Cottonseed Products and ``Subpart--Sand, Soil, or Earth, 
with Plants from Territories and Districts'''' in this part.

[74 FR 2775, Jan. 16, 2009, as amended at 74 FR 15641, Apr. 7, 2009]



Sec.  318.13-2  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service (APHIS), U.S. Department of Agriculture, or any other 
employee of APHIS to whom authority has been delegated to act in the 
Administrator's stead.
    Animal and Plant Health Inspection Service. The Animal and Plant 
Health Inspection Service (APHIS) of the U.S. Department of Agriculture.
    Certification (certified). A type of authorization, issued by an 
inspector, evidencing freedom from infestation, to allow the movement of 
certain regulated articles in accordance with the regulations in this 
subpart. ``Certified'' shall be construed accordingly.
    Commercial consignment. A lot of fruits or 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 packinghouse on the packaging, 
and documents consigning the fruits or vegetables to a wholesaler or 
retailer.
    Compliance agreement. Any agreement to comply with stipulated 
conditions as prescribed under Sec.  318.13-3 or Sec.  318.13-4 or Sec.  
305.34 of this chapter, executed by any person to facilitate the 
interstate movement of regulated articles under this subpart.
    Consignment. A quantity of plants, plant products, and/or other 
articles, including fruits or vegetables, being moved from one country 
to another and covered, when required, by a single certificate or 
limited permit (a consignment may be composed of one or more commodities 
or lots).
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Cut flower. Any cut blooms, fresh foliage, and dried decorative 
plant material customarily used in the florist trade and not for 
planting; and being the severed portion of a plant, including the 
inflorescence, and any parts of the plant attached thereto, in a fresh 
state.
    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. A commodity class for fresh parts of plants 
intended for consumption or processing and not planting.
    Inspector. A State agricultural inspector or 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 subpart.
    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.
    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.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Means of conveyance. 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, Puerto Rico, Guam, the

[[Page 188]]

Commonwealth of the Northern Marina Islands, or the U.S. Virgin Islands 
into or through the continental United States or any other State or 
territory of the United States (or from or into or through other places 
as specified in this subpart). ``Move'' and ``movement'' shall be 
construed accordingly.
    Packing materials. Any plant or plant product, soil, or other 
substance associated with or accompanying any commodity or consignment 
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,'' includes the presence of 
such materials within, in contact with, or accompanying a consignment.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    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.
    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.
    Plant Protection and Quarantine (PPQ). The Plant Protection and 
Quarantine program of APHIS.
    Regulated articles. Fruits or vegetables in the raw or unprocessed 
state; cut flowers; seeds; and plants or plant products for 
nonpropagative or propagative use.
    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 consignments 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 consigments 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 
consignments after transloading in the continental United States or for 
overland consignments 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.
    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.
    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 
the continental United States. Transit permits authorize one or more 
consignments over a designated period of time.
    Transloading. The transfer of cargo from one sealable container to 
another, from one means of conveyance to another, or from a sealable 
container directly into a means of conveyance.
    United States. All of the States.

[74 FR 2775, Jan 16, 2009, as amended at 83 FR 46637, Sept. 14, 2018]



Sec.  318.13-3  General requirements for all regulated articles.

    All regulated articles that are allowed movement under this subpart 
must be moved in accordance with the following requirements, except as 
specifically provided otherwise in this subpart.
    (a) Freedom from plant debris. All regulated articles moved under 
this subpart must be free from plant debris.
    (b) Certification. Certification may be issued for the movement of 
regulated articles under the following conditions:

[[Page 189]]

    (1) Certification on basis of inspection or nature of lot involved. 
Regulated articles 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 
consignment is of such a nature that no danger of infestation or 
infection is involved.
    (i) Persons intending to move any articles that may be certified 
must contact the local Plant Protection and Quarantine office as far as 
possible in advance of the contemplated date of shipment in order to 
request an inspection.
    (ii) Persons intending to move any articles that may be certified 
must prepare, handle, and safeguard such articles from infestation or 
reinfestation, and assemble them at such points as the inspector may 
designate, placing them so that inspection may be readily made.
    (2) Certification on basis of treatment. (i) Regulated articles for 
which treatments are approved underpart 305 of this chapter may be 
certified if such treatments have been applied in accordance with part 
305 of this chapter and if the articles were handled after such 
treatment in accordance with a compliance agreement executed by the 
applicant for certification or under the supervision of an inspector.
    (ii) Regulated articles certified after treatment in accordance with 
part 305 of this chapter that are taken aboard any ship, vessel, other 
surface craft, or aircraft must be segregated and protected in a manner 
as required by the inspector.
    (c) Limited permits. (1) Limited permits \1\ may be issued by an 
inspector for the movement of certain noncertified regulated articles to 
restricted destinations.
---------------------------------------------------------------------------

    \1\ Limited permits can be obtained from each State or territory's 
local Plant Protection and Quarantine office.
---------------------------------------------------------------------------

    (2) Limited permits may be issued by an inspector for the movement 
of regulated articles that would otherwise be prohibited movement under 
this subpart, if the articles are to be moved in accordance with Sec.  
318.13-6.
    (3) Except when the regulations specify that 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 for the movement of 
regulated articles for which a compliance agreement is required, the 
person entering the compliance agreement must agree to the following:
    (1) That he or she will use any permit or certification issued to 
him or her in accordance with the provisions in the permit, the 
requirements in this subpart, and the compliance agreement;
    (2) That he or she will maintain at his or her 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 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
    (3) That he or she will allow inspectors to inspect the 
establishment and its operations.
    (e) Attachment of limited permit or verification of certification. 
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 
certification or limited permit shall have the limited permit attached 
to the outside of the container or bear a U.S. Department of Agriculture 
stamp or inspection sticker verifying that the consignment has been 
certified in accordance with paragraph (b) of this section: Provided, 
That if a limited permit or certification is issued for a consignment of 
more than one container or for bulk products, certification shall be 
stamped on or the limited permit shall be attached to the accompanying 
waybill, manifest, or bill of lading.
    (f) Withdrawal of certification, transit permits, limited permits, 
or compliance agreements. Any certification, transit permit, limited 
permit, or compliance

[[Page 190]]

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 
certification, transit permit, limited permit, or compliance agreement 
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 shall state all of the facts and reasons upon 
which the person relies to show that the certification, transit permit, 
limited permit, or compliance agreement was wrongfully withdrawn. The 
Administrator shall grant or deny the appeal, in writing, stating the 
reasons for such decision, as promptly as circumstances allow. If there 
is a conflict as to any material fact, a hearing shall be held to 
resolve such conflict. Rules of practice concerning such a hearing will 
be adopted by the Administrator.
    (g) Container marking and identity. Except as provided in Sec.  
318.13-6(c), consignments of regulated articles moved in accordance with 
this subpart must have the following information clearly marked on each 
container or 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 
certification stamp or number of the limited permit authorizing 
movement, if one was issued.
    (h) Refusal of movement. An inspector may refuse to allow the 
interstate movement of a regulated article if the inspector finds that 
the regulated article is prohibited, is not accompanied by required 
documentation, is so infested with a plant pest or noxious weed that, in 
the judgment of the inspector, it cannot be cleaned or treated, or 
contains soil or other prohibited contaminants.
    (i) 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. APHIS 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.
    (j) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to regulated articles that results from 
the application of treatment or other measures required under this 
subpart (or under part 305 of this chapter) to protect against the 
dissemination of plant pests within the United States.

(Approved by the Office of Management and Budget under control number 
0579-0346)

[74 FR 2775, Jan. 16, 2009, as amended at 75 FR 4249, Jan. 26, 2010]



Sec.  318.13-4  Authorization of certain fruits and vegetables for
interstate movement.

    (a) Determination by the Administrator. No fruit or vegetable is 
authorized for interstate movement from Hawaii or the territories unless 
the Administrator has determined that the risk posed by each quarantine 
pest associated with the fruit or vegetable can be reasonably mitigated 
by the application of one or more phytosanitary measures designated by 
the Administrator.
    (b) Designated phytosanitary measures. (1) The fruits and vegetables 
are subject to phytosanitary treatments, which could include, but are 
not limited to, pest control treatments in the field or growing site, 
and post-harvest treatments.
    (2) The fruits and vegetables are subject to growing area pest 
mitigations, which could include, but are not limited to, detection 
surveys, trapping requirements, pest exclusionary structures, and field 
inspections.
    (3) The fruits and vegetables are subject to safeguarding and 
movement mitigations, which could include, but are not limited to, 
safeguarded transport, box labeling, limited distribution,

[[Page 191]]

insect-proof boxes, and importation as commercial consignments only.
    (4) The fruits and vegetables are subject to administrative 
mitigations, which could include, but are not limited to, registered 
fields or orchards, registered growing sites, registered packinghouses, 
inspection in the State of origin by an inspector, and operational 
workplan monitoring.
    (5) The fruits and vegetables are subject to any other measures 
deemed appropriate by the Administrator.
    (c) Authorized fruits and vegetables--(1) Comprehensive list. The 
name and origin of all fruits and vegetables authorized for interstate 
movement under this section, as well as the applicable requirements for 
their movement, may be found on the internet at https://
www.aphis.usda.gov/aphis/ourfocus/planthealth/complete-list-of-
electronic-manuals.
    (2) Fruits and vegetables authorized for interstate movement prior 
to October 15, 2018. Fruits and vegetables that were authorized for 
interstate movement under this subpart as of October 15, 2018 may 
continue to be moved interstate under the same requirements that applied 
before October 15, 2018, except as provided in paragraph (c)(4) of this 
section.
    (3) Other fruits and vegetables. Fruits and vegetables not already 
authorized for interstate movement as described in paragraph (c)(2) of 
this section may be authorized for interstate movement only after:
    (i) APHIS has analyzed the pest risk posed by the interstate 
movement of a fruit or vegetable and has determined that the risk posed 
by each quarantine pest associated with the fruit or vegetable can be 
reasonably mitigated by the application of one or more phytosanitary 
measures;
    (ii) APHIS has made its pest risk analysis and determination 
available for public comment for at least 60 days through a notice 
published in the Federal Register; and
    (iii) The Administrator has announced his or her decision in a 
subsequent Federal Register notice to begin allowing interstate movement 
of the fruit or vegetable subject to the phytosanitary measures 
specified in the notice.
    (4) Changes to phytosanitary measures. (i) If the Administrator 
determines that the phytosanitary measures required for a fruit or 
vegetable that has been authorized interstate movement under this 
subpart are no longer sufficient to reasonably mitigate the pest risk 
posed by the fruit or vegetable, APHIS will prohibit or further restrict 
interstate movement of the fruit or vegetable. APHIS will also publish a 
notice in the Federal Register advising the public of its finding. The 
notice will specify the amended interstate movement requirements, 
provide an effective date for the change, and invite public comment on 
the subject.
    (ii) If the Administrator determines that any of the phytosanitary 
measures required for a fruit or vegetable that has been authorized 
interstate movement under this subpart are no longer necessary to 
reasonably mitigate the pest risk posed by the fruit or vegetable, APHIS 
will make new pest risk documentation available for public comment, in 
accordance with paragraph (c)(3) of this section, prior to allowing 
interstate movement of the fruit or vegetable subject to the 
phytosanitary measures specified in the notice.

(Approved by the Office of Management and Budget under control number 
0579-0346)

[83 FR 46637, Sept. 14, 2018]



Sec.  318.13-5  Pest-free areas.

    Certain fruits or vegetables may be moved interstate provided that 
the fruits or vegetables originate from an area that is free of a 
specific pest or pests. In some cases, fruits or vegetables may only be 
moved interstate if the area of origin is free of all plant pests that 
attack the fruits or vegetables. In other cases, fruits or vegetables 
may be moved interstate if the area of origin is free of one or more 
plant pests that attack the fruit or vegetable and the risk posed by the 
remaining plant pests that attack the fruit or vegetable is mitigated by 
other specific phytosanitary measures contained in the regulations in 
this subpart.
    (a) Application of standards for pest-free areas. APHIS will make a 
determination of an area's pest-free status

[[Page 192]]

based on information provided by the State. The information used to make 
this determination will include trapping and surveillance data, survey 
protocols, and protocols for actions to be performed upon detection of a 
pest.
    (b) Survey protocols. APHIS must approve the survey protocol used to 
determine and maintain pest-free status, as well as protocols for 
actions to be performed upon detection of a pest. Pest-free areas are 
subject to audit by APHIS to verify their status.
    (c) Determination of pest freedom. (1) For an area to be considered 
free of a specified pest for the purposes of this subpart, the 
Administrator must determine, and announce in a notice published in the 
Federal Register for a public comment period of 60 days, that the area 
meets the criteria of paragraphs (a) and (b) of this section.
    (2) The Administrator will announce his or her decision in a 
subsequent Federal Register notice. If appropriate, APHIS will allow 
movement of the regulated article from a pest-free area because:
    (i) No comments were received on the notice or
    (ii) The comments on the notice did not affect the overall 
conclusions of the notice and the Administrator's determination of risk.
    (d) Decertification of pest-free areas; reinstatement. If a pest is 
detected in an area that is designated as free of that pest, APHIS will 
publish in the Federal Register a notice announcing that the pest-free 
status of the area in question has been withdrawn and that interstate 
movement of host crops for the pest in question is subject to 
application of an approved treatment for the pest. If a treatment for 
the pest is not available, interstate movement of the host crops would 
be prohibited. In order for a decertified pest-free area to be 
reinstated, it would have to meet the criteria of paragraphs (a) through 
(c) of this section.
    (e) General requirements for the interstate movement of regulated 
articles from pest-free areas--(1) Labeling. Each box of fruits or 
vegetables that is moved interstate from a pest-free area under this 
subpart must be clearly labeled with:
    (i) The name of the orchard or grove of origin, or the name of the 
grower; and
    (ii) The name of the municipality and State or territory in which 
the fruits or vegetables were produced; and
    (iii) The type and amount of fruits or vegetables the box contains.
    (2) Compliance agreement. Persons wishing to move fruits or 
vegetables from a pest-free area in Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
must enter into a compliance agreement with APHIS in accordance with 
Sec.  318.13-3(d).
    (3) Safeguarding. If fruits or vegetables are moved from a pest-free 
area into or through an area that is not free of that pest, the fruits 
or vegetables must be safeguarded during the time they are present in a 
non-pest-free area by being covered with insect-proof mesh screens or 
plastic tarpaulins, including while in transit to the packinghouse and 
while awaiting packaging. If fruits or vegetables are moved through an 
area that is not free of that pest during transit to a port, they must 
be packed in insect-proof cartons or containers or be covered by insect-
proof mesh or plastic tarpaulins during transit to the port and 
subsequent movement into or through the United States. These safeguards 
described in this section must remain intact until the fruits or 
vegetables reach their final destination.

(Approved by the Office of Management and Budget under control number 
0579-0346)



Sec.  318.13-6  Transit of fruits and vegetables from Hawaii or 
the territories into or through the continental United States.

    Fruits and vegetables from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
that are otherwise prohibited interstate movement into 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.
    (a) Transit permit. (1) A transit permit is required for the 
arrival, unloading, and movement through the continental United States 
of fruits and vegetables

[[Page 193]]

otherwise prohibited by this subpart from being moved through the 
continental United States from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands. Application for a transit permit may be made in writing or with 
PPQ Form 586. \2\ The transit permit application must include the 
following information:
---------------------------------------------------------------------------

    \2\ PPQ Form 586 can be obtained from PPQ Permit Services or at 
http://www.aphis.usda.gov/plant_health/permits/transit.shtml . 
Applications for transit permits should be submitted to USDA, APHIS, PPQ 
Permit Services, 4700 River Road Unit 136, Riverdale, MD 20737 or 
through e-permits http://www.aphis.usda.gov/permits/
learn_epermits.shtml.
---------------------------------------------------------------------------

    (i) The specific types of fruits and vegetables to be shipped (only 
scientific or English common names are acceptable);
    (ii) The means of conveyance to be used to transport the fruit or 
vegetable 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 
or vegetables are to be transloaded;
    (vi) The means of conveyance to be used for transporting the fruits 
or 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 continental United 
States, the name and address in the continental 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 consignments, 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.  
318.13-3(f), unless the transit permit has been reinstated upon appeal.
    (b) Limited permit. Fruits or vegetables shipped from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 consignment is authorized to stop 
or where overland consignments 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 or vegetables being shipped are accurately described by 
accompanying documentation, such as the accompanying manifest, waybill, 
and bill of lading. (Only scientific or English common names are 
acceptable.) The fruits or 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 consignment of fruits or 
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 regulated articles 
for transit through the continental United States under this section 
must be conspicuously marked, prior to the locking and

[[Page 194]]

sealing of the container in the State of origin, with a printed label 
that includes a description of the specific type and quantity of the 
fruits or vegetables (only scientific or English common names are 
acceptable), the transit permit number under which the regulated 
articles are to be shipped, and, in English, the State in which they 
were grown and the statement ``Distribution in the United States is 
Prohibited.''
    (d) Handling of fruits and vegetables. Fruits or vegetables shipped 
through the United States from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
in accordance with this section may not be commingled in the same sealed 
container with fruits or vegetables that are intended for entry and 
distribution in the United States. The fruits or 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 or vegetables 
exit the 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 or 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, TX, as an authorized stop for air 
cargo, or as a transloading location for consignments that arrive by air 
but that are subsequently transloaded into trucks for overland movement 
from Dallas/Fort Worth, TX, into the designated corridor by the shortest 
route. Movement through the United States must begin and end at 
locations staffed by APHIS inspectors.
    (f) Movement of regulated articles. Transportation through the 
continental United States shall be by the most direct route to the final 
destination of the consignment 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 consignment from that described in the limited 
permit is allowed. No remarking is allowed. No diversion or delay of the 
consignment 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 consignment 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 United 
States.
    (h) Consignments by sea. Except as authorized by this paragraph, 
consignments arriving in the United States by sea from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 United 
States, and provided that APHIS inspectors are available to provide 
supervision. No other transloading of the consignment 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

[[Page 195]]

the introduction of plant pests or diseases into the continental United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (i) Consignments by air. (1) Consignments arriving in the United 
States by air from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands may be transloaded 
only once in the United States. Transloading of air consignments must be 
carried out in the presence of an APHIS inspector. Consignments 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 consignment 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 consignment 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 United States, and provided that APHIS inspectors are 
available to provide supervision. Transloading of air consignments 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, 
consignments 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 consignment arriving in the United States into another 
aircraft, consignments that arrive by air may be transloaded into a 
truck trailer for export by the most direct route to the final 
destination of the consignment 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 consignment 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 United 
States, and provided that APHIS inspectors are available to provide 
supervision.
    (j) Duration and location of storage. Any storage in the United 
States of fruits or 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 or 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 consignments, 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 
regulated articles leave Hawaii, Puerto Rico, Guam, the Commonwealth of 
the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession of the United States until they exit the United 
States.
    (l) Prohibited materials. (1) The person in charge of or in 
possession of a sealed

[[Page 196]]

container used for movement into or through the United States under this 
section must ensure that the sealed container is carrying only those 
fruits or 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 or 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 or vegetables 
through the United States under this section does not imply that such 
fruits or vegetables are enterable into the destination country. 
Consignments returned to the United States from the destination country 
shall be subject to all applicable regulations, including ``Subpart--
Fruits and Vegetables'' of part 319 and ``Plant Quarantine Safeguard 
Regulations'' of 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 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 
0579-0346)



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, or cut flowers subject to the 
quarantine and regulations in this subpart, when loose and free of 
packing materials, may be taken aboard any ship, vessel, or other 
surface craft by passengers or members of the crew without inspection 
and certification in the State of origin. However, if such articles are 
not eligible for certification under Sec.  318.13-3, they must be 
entirely consumed or disposed of before arrival within the territorial 
waters of the continental United States, Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin 
Islands.
    (b) As ships' stores or decorations. Fruits, vegetables, or cut 
flowers subject to the quarantine and regulations in this subpart may be 
taken aboard a ship, vessel, or other surface craft in Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands 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 ship, vessel, or other 
surface craft before arrival within the territorial waters of the 
continental United States, Hawaii, Puerto Rico, Guam, the Commonwealth 
of the Northern Mariana Islands, the U.S. Virgin Islands, or any other 
territory or possession 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 paragraphs 
(b) and (c) of Sec.  352.10 of this chapter.



Sec.  318.13-8  Articles and persons subject to inspection.

    In addition to the inspection requirements in Sec. Sec.  318.13-9 
and 318.13-10, persons, means of conveyance (including ships, other 
oceangoing craft, and aircraft), baggage, cargo, and any other articles, 
that are destined for movement, are moving, or have been moved from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands to a destination elsewhere in the

[[Page 197]]

United States are subject to agricultural inspection at the port of 
departure, the port of arrival, 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.



Sec.  318.13-9  Inspection and disinfection of means of conveyance.

    (a) Inspection of aircraft prior to departure. No person shall move 
any aircraft from Hawaii, Puerto Rico, Guam, the Commonwealth of the 
Northern Mariana Islands, or the U.S. Virgin Islands to any other State 
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, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands to Guam shall contact an 
inspector and offer the inspector the opportunity to inspect the 
aircraft upon the aircraft's arrival in Guam.
    (c) Inspection of ships upon arrival. Any person who has moved a 
ship or other oceangoing craft from Hawaii, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State shall contact an inspector and offer the inspector 
the opportunity to inspect the ship or other oceangoing craft upon its 
arrival.
    (d) Disinfection of means of conveyance. If an inspector 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.



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, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State 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 U.S. 
Department of Agriculture 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, Puerto Rico, Guam, the 
Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands 
to any other State, shall offer their baggage

[[Page 198]]

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 U.S. Department of Agriculture 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, Puerto Rico, or the U.S. Virgin 
Islands 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, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands to any other State unless the 
baggage bears a U.S. Department of Agriculture stamp, inspection 
sticker, or other indication applied by an inspector representing that 
the baggage has been inspected and certified.
    (e) Offer for inspection by persons moving by ship. No person who 
has moved on any ship or other oceangoing craft from Hawaii, Puerto 
Rico, Guam, the Commonwealth of the Northern Mariana Islands, or the 
U.S. Virgin Islands to any other territory, State, or District of the 
United States, shall remove or attempt to remove any baggage or other 
personal effects from the designated inspection area as provided in 
paragraph (h) of this section on or off the ship or other oceangoing 
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

[[Page 199]]

movement from Hawaii, Puerto Rico, Guam, or the U.S. Virgin Islands to 
any other State unless the cargo has been offered for inspection, passed 
by an inspector, and bears a U.S. Department of Agriculture stamp or 
inspection sticker, or unless a limited permit is attached to the cargo 
as specified in Sec.  318.13-3(e).
    (2) Cargo designated may be loaded without a U.S. Department of 
Agriculture stamp or inspection sticker 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 oceangoing craft or as 
air cargo;
    (ii) The carrier has on file documentary evidence that a valid 
limited permit was issued for the movement or that the cargo was 
certified; 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 
consignment.
    (3) Cargo moved in accordance with Sec.  318.13-6(b) 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 
consignment.
    (g) Removal of certain cargoes in Guam. No person shall remove or 
attempt to remove from a designated inspection area as provided in 
paragraph (h) of this section, on or off the means of conveyance, any 
cargo moved from Hawaii, Puerto Rico, the Commonwealth of the Northern 
Mariana Islands, or the U.S. Virgin Islands 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 and cargo inspection. Baggage 
and cargo inspection will not be performed until the person in charge or 
possession of the ship, other oceangoing 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.



Sec.  318.13-11  Posting of warning notice and distribution of
baggage declarations.

    (a) Before any aircraft or any ship, vessel, or other surface craft 
moving to Guam, the Commonwealth of Northern Mariana Islands, or 
American Samoa from Hawaii or any other territory or possession of the 
United States arrives in Guam, the Commonwealth of Northern Mariana 
Islands, or American Samoa, a baggage declaration, 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, must be distributed to each adult passenger. 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 aircraft, ship, vessel, or other surface craft to the inspector on 
arrival at the quarantine or inspection area.
    (b) Every person owning or controlling any dock, harbor, or landing 
field in Hawaii, Puerto Rico, Guam, the Commonwealth of Northern Mariana 
Islands, or the U.S. Virgin Islands from which ships, vessels, other 
surface craft, or aircraft leave for ports in any other State 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. Every master, or other responsible officer of any ship, 
vessel, other surface craft, or aircraft leaving Hawaii, Puerto Rico, 
Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. 
Virgin Islands destined to a port in any other State, shall similarly 
post, and keep posted at all times, such a warning notice in the ship, 
vessel, other surface craft, or aircraft under his charge.



Sec.  318.13-12  Movement by the U.S. Department of Agriculture.

    Notwithstanding any other restrictions of this subpart, regulated 
articles may be moved if they are moved by the U.S. Department of 
Agriculture for experimental or scientific purposes and are moved under 
conditions found by the Administrator to be adequate to

[[Page 200]]

prevent the spread of plant pests and diseases.



Sec.  318.13-13  Movement of frozen fruits and vegetables.

    Frozen fruits and vegetables may be certified for movement from 
Hawaii, Puerto Rico, Guam, the Commonwealth of the Northern Mariana 
Islands, or the U.S. Virgin Islands, into or through any other 
territory, State, or District of the United States in accordance with 
Sec.  318.13-3. Such fruits and vegetables must be held at a temperature 
not higher than 20 [deg]F during shipping and upon arrival in the 
continental United States, and in accordance with the requirements for 
the interstate movement of frozen fruits and vegetables in part 305 of 
this chapter.

[74 FR 2775, Jan 16, 2009, as amended at 83 FR 46638, Sept. 14, 2018]



Sec.  318.13-14  Movement of processed fruits, vegetables, and 
other products.

    (a) Fruits, vegetables, and other products that are processed 
sufficiently as to preclude the survival of any live pests can be moved 
interstate from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and 
the Commonwealth of the Northern Mariana Islands. Those processed 
products which are approved for interstate movement from those States 
can be found in the fruits and vegetables manuals for those States. 
These manuals are available on the Internet at http://
www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/
hawaii.pdf and http://www.aphis.usda.gov/import_export/plants/manuals/
ports/downloads/puerto_rico.pdf.
    (b) Consignments of processed fruits, vegetables, or other products 
that have not been processed sufficiently as to be incapable of 
harboring fruit flies are subject to the interstate movement 
requirements which apply to the fruit, vegetable, or other product in 
its unprocessed state.



Sec.  318.13-15  Parcel post inspection.

    Inspectors are authorized to inspect, with the cooperation of the 
U.S. Postal Service, parcel post packages placed in the mails in Hawaii, 
Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, or 
the U.S. Virgin Islands to determine whether such packages contain 
products whose movement is not authorized under this subpart, to examine 
any such products that are found for insect infestation, and to notify 
the postmaster in writing of any violations of this subpart that are 
found as a result of an inspection.



Sec.  318.13-16  Regulated articles from Guam.

    (a)(1) Regulated articles, other than soil, may be moved from Guam 
into or through any other State only if they meet the strictest plant 
quarantine requirements in accordance with part 319 of this chapter for 
similar articles offered for entry into such States from the countries 
of East and Southeast Asia, including Cambodia, India, Japan, Korea, 
Laos, the northeastern provinces of Manchuria, the Philippines, Taiwan, 
and Vietnam, or the islands of the Central and South Pacific, including 
Micronesia, Melanesia, and Polynesia, as well as Australia, New Zealand, 
and the Malay Archipelago, except requirements for permits, 
phytosanitary certificates, notices of arrival, and notices of 
consignment from port of arrival. Soil must meet the requirements of 
Sec.  330.300 of this chapter.
    (2) Regulated articles that do not meet the requirements of 
paragraph (a)(1) of this section are prohibited movement from Guam into 
or through any other State.
    (b)(1) Regulated articles moved from Guam into or through any other 
State 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.
    (2) A release shall be issued in writing unless the inspection 
involves small quantities of regulated articles,

[[Page 201]]

in which case a release may be issued orally by the inspector.

[74 FR 2775, Jan 16, 2009. Redeisgnated and amended at 83 FR 46638, 
Sept. 14, 2018]



Sec.  318.13-17  Cut flowers from Hawaii.

    (a) Except for cut blooms and leis of mauna loa and jade vine and 
except for cut blooms of gardenia not grown in accordance with paragraph 
(b) of this section, cut flowers 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.
    (b) Cut blooms of gardenia may be moved interstate from Hawaii if 
grown and inspected in accordance with the provisions of this section. 
\4\
---------------------------------------------------------------------------

    \4\ Cut blooms of gardenia are also eligible for interstate movement 
with treatment in accordance with part 305 of this chapter.
---------------------------------------------------------------------------

    (1) 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.
    (2) 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, 
mango, orchids, and annona.
    (3) An inspector must visually inspect the cut blooms of gardenias 
in each consignment prior to interstate movement from Hawaii to the 
mainland United States. If the inspector does not detect green scale in 
the consignment, the inspector will certify the consignment in 
accordance with Sec.  318.13-3(b). If the inspector finds green scale in 
a consignment, that consignment will be ineligible for interstate 
movement from Hawaii.

(Approved by the Office of Management and Budget under control number 
0579-0198)

[74 FR 2775, Jan 16, 2009. Redesignated at 83 FR 46638, Sept. 14, 2018]



     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;

[[Page 202]]

cotton waste; and all other unmanufactured parts of cotton plants; and 
all second-hand burlap and other fabric which have been used, or are of 
the kinds ordinarily used, for wrapping or containing cotton, are hereby 
prohibited movement from the Hawaii, Puerto Rico, and the Virgin Islands 
of the United States into or through any other State, Territory or 
District of the United States, in manner or method or under conditions 
other than those prescribed in the regulations hereinafter made or 
amendments thereto: Provided, That whenever the Deputy Administrator of 
the Plant Protection and Quarantine Programs shall find that existing 
conditions as to the pest risk involved in the movement of the articles 
to which the regulations supplemental hereto apply, make it safe to 
modify, by making less stringent, the restrictions contained in any such 
regulations, he shall set forth and publish such findings in 
administrative instructions, specifying the manner in which the 
regulations should be made less stringent, whereupon such modification 
shall become effective.
    (d) As used in this subpart, unless the context otherwise requires, 
the term State, Territory, or District of the United States means State, 
the District of Columbia, Alaska, Guam, Hawaii, Puerto Rico, or the 
Virgin Islands of the United States.

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001]



Sec.  318.47a  Administrative instructions relating to Guam.

    The plants, products and articles specified in Sec.  318.47(c) may 
be moved from Hawaii into or through Guam without restriction under this 
subpart.

                          Rules and Regulations

    Cross Reference: For rules and regulations governing the importation 
of cotton and cottonseed products into the United States, see 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,

[[Page 203]]

waste, seed cotton, cottonseed, cottonseed hulls, cake, and meal, and 
bale covers in accordance with the regulations in this subpart. 
``Certification'' and ``certified'' shall be construed accordingly.
    (k) Permit. A type of general authorization issued by the Deputy 
Administrator of the Plant Protection and Quarantine Programs to allow 
the movement of lint, linters, waste other than seedy waste, cottonseed 
cake and meal, and bale covers in accordance with the regulations in 
this subpart.
    (l) Fumigated. Fumigated under the supervision of an inspector of 
the Plant Protection and Quarantine Programs in a fumigation plant 
approved by the Deputy Administrator of said Programs and in accordance 
with methods approved by him.
    (m) Moved (movement, move). Shipped, offered for shipment to a 
common carrier, received for transportation or transported by a common 
carrier, or carried, transported, moved, or allowed to be moved, 
directly or indirectly, from Hawaii, Puerto Rico, or the Virgin Islands 
of the United States, into or through any other State, Territory, or 
District of the United States. ``Movement'' and ``move'' shall be 
construed accordingly.



Sec.  318.47-2  Articles the movement of which is prohibited or regulated.

    (a) Articles prohibited movement. The movement of seed cotton, 
cottonseed, and seedy waste, when unfumigated, is prohibited except as 
provided in Sec.  318.47-3(b)(2).
    (b) Articles the movement of which is regulated. Lint; linters; 
waste; seed cotton; cottonseed; cottonseed hulls, cake, and meal; and 
bale covers may be moved upon compliance with the conditions prescribed 
in Sec.  318.47-3.



Sec.  318.47-3  Conditions governing the issuance of certificates
and permits.

    (a) Fumigated lint; linters; waste; seed cotton; cottonseed; 
cottonseed hulls, cake, and meal; and bale covers. Lint; linters; waste; 
seed cotton; cottonseed; cottonseed hulls, cake, and meal; and bale 
covers, fumigated in the Territory or District of origin in accordance 
with part 305 of this chapter 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

[[Page 204]]

approved methods as will, in his judgment, be necessary to eliminate 
infestations of the pink bollworm or cotton blister mite.

[24 FR 10777, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010]



Sec.  318.47-4  Shipments by the Department of Agriculture.

    Cotton may be moved by the Department of Agriculture for 
experimental or scientific purposes under such conditions as may be 
prescribed by the Deputy Administrator of the Plant Protection and 
Quarantine Programs, which conditions may include clearance through the 
New Crops Research Branch of the Plant Science Research Division, 
Agricultural Research Service.



Subpart_Sand, Soil, or Earth, with Plants from Territories and Districts



Sec.  318.60  Notice of quarantine.

    (a) The Secretary of Agriculture, having previously quarantined 
Hawaii and Puerto Rico to prevent the spread to other parts of the 
United States, by means of sand, soil, or earth about the roots of 
plants, of immature stages of certain dangerous insects, including 
Phyllophaga spp. (White grubs), Phytalus sp., and Adoretus sp., and of 
several species of termites or white ants, new to and not heretofore 
widely prevalent or distributed within and throughout the United States, 
now determines that it is necessary also to quarantine the Virgin 
Islands of the United States to prevent the spread of such dangerous 
insects from said Virgin Islands.
    (b) Under the authority of sections 411, 412, 414, and 434 of the 
Plant Protection Act (7 U.S.C. 7711, 7712, 7714, and 7754), Hawaii, 
Puerto Rico, and the Virgin Islands of the United States are quarantined 
to prevent the spread of the aforementioned dangerous insects.
    (c) Sand (other than clean ocean sand), soil, or earth around the 
roots of plants shall not be shipped, offered for shipment to a common 
carrier, received for transportation or transported by a common carrier, 
or carried, transported, moved, or allowed to be moved by any person 
from Hawaii, Puerto Rico, or the Virgin Islands of the United States 
into or through any other State, Territory, or District of the United 
States: Provided, That the prohibitions of this section shall not apply 
to the movement of such products in either direction between Puerto Rico 
and the Virgin Islands of the United States: Provided further, That such 
prohibitions shall not prohibit the movement of such products by the 
United States Department of Agriculture for scientific or experimental 
purposes, nor prohibit the movement of sand, soil, or earth around the 
roots of plants which are carried, for ornamental purposes, on vessels 
into mainland ports of the United States and which are not intended to 
be landed thereat, when evidence is presented satisfactory to the 
inspector of the Plant Protection and Quarantine Programs of the 
Department of Agriculture that such sand, soil, or earth has been so 
processed or is of such nature that no pest risk is involved, or that 
the plants with sand, soil, or earth around them are maintained on board 
under such safeguards as will preclude pest escape: And provided 
further, That such prohibitions shall not prohibit the movement of plant 
cuttings or plants that have been--
    (1) Freed from sand, soil, and earth;
    (2) Subsequently potted and established in sphagnum moss or other 
packing material approved under Sec.  319.37-11 of this chapter 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) through (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

[[Page 205]]

States, or the continental United States.''

[24 FR 10777, Dec. 29, 1959, as amended at 66 FR 21054, Apr. 27, 2001; 
83 FR 11855, Mar. 19, 2018]



PART 319_FOREIGN QUARANTINE NOTICES--Table of Contents



                           Subpart_Preemption

319.1 Preemption of State and local laws.

                Subpart_Requests To Amend The Regulations

319.5 Requirements for submitting requests to change the regulations in 
          7 CFR part 319.

                    Subpart_Controlled Import Permits

319.6 Controlled import permits.

     Subpart_Permits: Application, Issuance, Denial, and Revocation

319.7 Definitions.
319.7-1 Applying for a permit.
319.7-2 Issuance of permits and labels.
319.7-3 Denial of permits.
319.7-4 Withdrawal, cancellation, and revocation of permits.
319.7-5 Appeal of denial or revocation.

                    Subpart_Foreign Cotton and Covers

                               Quarantine

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.
319.8-19-20 [Reserved]
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_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 [Reserved]
319.24-3 Marking as condition of entry.
319.24-4 [Reserved]
319.24-5 Condition of entry.

                       Subpart_Plants for Planting

319.37-1 Notice of quarantine.
319.37-2 Definitions.
319.37-3 General restrictions on the importation of plants for planting.
319.37-4 Taxa of plants for planting whose importation is not authorized 
          pending pest risk analysis.
319.37-5 Permits.
319.37-6 Phytosanitary certificates.
319.37-7 Marking and identity.
319.37-8 Ports of entry: Approved ports, notification of arrival, 
          inspection, and refusal of entry.
319.37-9 Treatment of plants for planting; costs and charges for 
          inspection and treatment; treatments applied outside the 
          United States.
319.37-10 Growing media.
319.37-11 Packing and approved packing material.
319.37-12 through 319.37-19 [Reserved]

[[Page 206]]

319.37-20 Restrictions on the importation of specific types of plants 
          for planting.
319.37-21 Integrated pest risk management measures.
319.37-22 Trust fund agreements.
319.37-23 Postentry quarantine.

              Subpart_Logs, Lumber, and Other Wood Articles

319.40-1 Definitions.
319.40-2 General prohibitions and restrictions; relation to other 
          regulations.
319.40-3 General permits; articles that may be imported without a 
          specific permit; articles that may be imported without either 
          a specific permit or an importer document.
319.40-4 Application for a permit to import regulated articles; issuance 
          and withdrawal of permits.
319.40-5 Importation and entry requirements for specified articles.
319.40-6 Universal importation options.
319.40-7 Treatments and safeguards.
319.40-8 Processing at facilities operating under compliance agreements.
319.40-9 Inspection and other requirements at port of first arrival.
319.40-10 Costs and charges.
319.40-11 Plant pest risk assessment standards.

       Subpart_Indian Corn or Maize, Broomcorn, and Related Plants

                               Quarantine

319.41 Notice of quarantine.
319.41a Administrative instructions relating to entry into Guam of 
          broomcorn, brooms, and similar articles.
319.41b Administrative instructions prescribing conditions for entry of 
          broomstraw without treatment.

                          Rules and Regulations

319.41-1 Plant products permitted entry.
319.41-2 Application for permits.
319.41-3 Issuance of permits.
319.41-4 Notice of arrival by permittee.
319.41-5 Condition of entry.
319.41-6 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 [Reserved]
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

319.56-1 Notice of quarantine.
319.56-2 Definitions.
319.56-3 General requirements for all imported fruits and vegetables.
319.56-4 Authorization of certain fruits and vegetables for importation.
319.56-5 Pest-free areas.
319.56-6 Trust fund agreements.
319.56-7 Territorial applicability and exceptions.
319.56-8-319.56-9 [Reserved]
319.56-10 Importation of fruits and vegetables from Canada.
319.56-11 Importation of dried, cured, or processed fruits, vegetables, 
          nuts, and legumes.
319.56-12 Importation of frozen fruits and vegetables.

                         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.

[[Page 207]]

319.74-2 Conditions governing the entry of cut flowers.
319.74-3 Importations by the Department.
319.74-4 Costs and charges.

                          Subpart_Khapra Beetle

319.75 Restrictions on importation of regulated articles; disposal of 
          articles refused importation.
319.75-1 Definitions.
319.75-2 Regulated articles. \1\
319.75-3 Importations for experimental or similar purposes.
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_Preemption

    Source: 75 FR 17292, Apr. 6, 2010, unless otherwise noted.



Sec.  319.1  Preemption of State and local laws.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not regulate in foreign 
commerce any plant or plant product in order to control, eradicate, or 
prevent the introduction or dissemination of a biological control 
organism, plant pest, or noxious weed within the United States.
    (b) Therefore, in accordance with section 436 of the Plant 
Protection Act, the regulations in this part preempt all State and local 
laws that are inconsistent with or exceed the regulations in this part.



                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

[[Page 208]]

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
    (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;

[[Page 209]]

    (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).
    (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_Controlled Import Permits

    Source: 78 FR 25568, May 2, 2013, unless otherwise noted.



Sec.  319.6  Controlled import permits.

    (a) 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.
    Developmental purposes. The evaluation, monitoring, or verification 
of plant material for plant health risks and/or the adaptability of the 
material for certain uses or environments.
    Experimental purposes. Scientific testing which utilizes collected 
data and employs analytical processes under controlled conditions to 
create qualitative or quantitative results.

[[Page 210]]

    Therapeutic purposes. The application of specific scientific 
processes designed to eliminate, isolate, or remove potential plant 
pests or diseases.
    (b) Purpose and scope. The regulations in this part prohibit or 
restrict the importation into the United States of certain plants, plant 
products, and other articles to prevent the introduction and 
dissemination of plant pests and noxious weeds within and throughout the 
United States. The regulations in this subpart provide a process under 
which a controlled import permit (CIP) may be issued to authorize the 
importation, for experimental, therapeutic, or developmental purposes, 
of an article whose importation is prohibited under this part. A CIP may 
also be issued to authorize, for those same purposes, the importation of 
an article under conditions that differ from those prescribed in the 
relevant regulations in this part.
    (c) Application process. Applications for a CIP are available 
without charge from the Animal and Plant Health Inspection Service 
(APHIS), Plant Protection and Quarantine (PPQ), Permit Unit, 4700 River 
Road Unit 136, Riverdale, MD 20737-1236, or from local PPQ offices. 
Applications may be submitted by mail, by fax, or electronically and 
must be submitted at least 60 days prior to arrival of the article at 
the port of entry. Mailed applications must be submitted to the address 
above, faxed applications may be submitted to 301-734-4300, and 
electronic applications may be submitted through the ePermits Web site 
at https://epermits.aphis.usda.gov/epermits.
    (1) The completed application for a CIP must provide the following 
information:
    (i) Name, address in the United States, and contact information of 
the applicant;
    (ii) Identity (common and botanical [genus and species] names) of 
the plant material to be imported, quantity of importation, country of 
origin, and country shipped from;
    (iii) Intended experimental, therapeutic, or developmental purpose 
for the importation; and
    (iv) Intended ports of export and entry, means of conveyance, and 
estimated date of arrival.
    (2) APHIS may issue a CIP if the Administrator determines that the 
plant pest risks associated with the plant material and its intended 
experimental, therapeutic, or developmental use can be effectively 
mitigated. The CIP will contain the applicable conditions for 
importation and subsequent handling of the plant material if it is 
deemed eligible to be imported into the United States, including the 
specifications for the facility where the plant will be held. The plant 
material may be imported only if all applicable requirements are met.
    (d) Shipping conditions. Consignments of plant material to be 
offered for importation under a CIP must meet the following 
requirements, unless otherwise specified under the conditions of the 
CIP:
    (1) The plant material must be selected from apparently disease-free 
and pest-free sources.
    (2) The plant material must be free of soil, other foreign matter or 
debris, other prohibited plants, noxious weed seeds, and living 
organisms such as parasitic plants, pathogens, insects, snails, and 
mites.
    (3) Fungicides, insecticides, and other treatments such as coatings, 
dips, or sprayings must not be applied before shipment, unless otherwise 
specified. Plant materials may be refused entry if they are difficult or 
hazardous to inspect because of the presence of such treatments. Plant 
materials must not be wrapped or otherwise packaged in a manner that 
impedes or prevents adequate inspection or treatment.
    (4) The plant material must be moved in an enclosed container or one 
completely enclosed by a covering adequate to prevent the possible 
escape or introduction of plant pests during shipment. Any packing 
material used in the consignment of the plant material must meet the 
requirements of Sec.  319.37-11, and wood packing material used in the 
consignment must meet the requirements of Sec.  319.40-3(b) and (c).
    (5) Consignments may be shipped as cargo, by mail or air freight, or 
hand-carried, as specified in the conditions of the CIP.
    (6) The plant material must be offered for importation at the port 
of

[[Page 211]]

entry or plant inspection station as specified in the conditions of the 
CIP.
    (7) A copy of the CIP must accompany each consignment, and all 
consignments must be labeled in accordance with instructions in the CIP.
    (8) Each consignment must be accompanied by an invoice or packing 
list indicating its contents.
    (e) Post-importation conditions. (1) At the approved facility where 
the plant material will be maintained following its importation, plant 
material imported under a CIP must be identified and labeled as 
quarantined material to be used only in accordance with a valid CIP.
    (2) Plant material must be stored in a secure place or in the manner 
indicated in the CIP and be under the supervision and control of the 
permit holder. During regular business hours, properly identified 
officials, either Federal or State, must be allowed to inspect the plant 
material and the facilities in which the plant material is maintained.
    (3) The permit holder must keep the permit valid for the duration of 
the authorized experimental, therapeutic, or developmental purpose. The 
PPQ Permit Unit must be informed of a change in contact information for 
the permit holder within 10 business days of such change.
    (4) Plant material imported under a CIP must not be moved or 
distributed to another person without prior authorization from the PPQ 
Permit Unit.
    (5) Should the permit holder leave the institution in which the 
plant material imported under a CIP is kept, the plant material must be 
destroyed unless, prior to the departure of the original permit holder, 
another person assumes responsibility for the continued maintenance of 
the plant material and such person obtains a new CIP for the plant 
material. Should the permit holder be otherwise unavailable to maintain 
the plant material for which the CIP was issued, the plant material must 
be destroyed unless another person assumes responsibility for the 
continued maintenance of the plant material and such person obtains a 
new CIP for the plant material. Permission to move or distribute plant 
material that was authorized for importation under a CIP to another 
person must be obtained by contacting the PPQ Permit Unit.
    (6) CIPs issued by APHIS are valid for a period of 1 year. The 
permittee may request the existing permit be renewed for up to an 
additional 2 years prior to the expiration of the CIP and if no adverse 
indications exist from the previous year.
    (f) Failure to comply with all of the conditions specified in the 
CIP or any applicable regulations or administrative instructions, or 
forging, counterfeiting, or defacing permits or shipping labels, may 
result in immediate revocation of the permit, denial of future permits, 
and civil or criminal penalties for the permit holder.
    (g) Denial, withdrawal, cancellation, or revocation of permit. The 
Administrator may deny a permit application in accordance with Sec.  
319.7-3, and a permit may be withdrawn, canceled, or revoked in 
accordance with Sec.  319.7-4.
    (1) Action upon cancellation or revocation of permit. Upon 
cancellation or revocation of a permit, the permittee must surrender, 
destroy, or remove all regulated plant material covered by the permit in 
accordance with Sec.  319.7-4(e).
    (2) Appeal of denial or revocation. Any person whose application for 
a permit has been denied or whose permit has been revoked may appeal the 
denial or revocation in accordance with Sec.  319.7-5.

(Approved by the Office of Management and Budget under control number 
0579-0384)

[78 FR 25568, May 2, 2013, as amended at 79 FR 19807, Apr. 10, 2014; 81 
FR 40150, June 21, 2016; 83 FR 11855, Mar. 19, 2018]



     Subpart_Permits: Application, Issuance, Denial, and Revocation

    Source: 78 FR 19807, Apr. 10, 2014, unless otherwise noted.



Sec.  319.7  Definitions.

    The following definitions apply to this subpart:
    Administrative instructions. Published documents related to the 
enforcement of this part and issued under authority of the Plant 
Protection Act, as amended (7 U.S.C. 7701 et seq.), by the 
Administrator.

[[Page 212]]

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service 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 United States Department of 
Agriculture.
    Applicant. A person at least 18 years of age who, on behalf of him- 
or herself or another person, submits an application for a permit to 
import into the United States or move interstate a regulated article in 
accordance with this part.
    Approved. Approved by the Administrator of the Animal and Plant 
Health Inspection Service.
    Article. Any material or tangible objects that could harbor or be a 
vector of plant pests or noxious weeds.
    Consignment. A quantity of plants, plant products, and/or other 
articles being moved from one country to another authorized when 
required, by a single permit. A consignment may be composed of one or 
more commodities or lots.
    Country of origin. The country where the plants, or plants from 
which the plant products are derived, were grown or where the non-plant 
articles were produced.
    Enter, entry. To move into, or the act of movement into, the 
commerce of the United States.
    Import, 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 the 
Animal and Plant Health Inspection Service or the Commissioner of the 
Bureau of Customs and Border Protection, Department of Homeland 
Security, to enforce the regulations in this part.
    Intended use. The purpose for the importation of the regulated 
article, including, but not limited to, consumption, propagation, or 
research purposes.
    Lot. All the regulated articles on a single means of conveyance that 
are derived from the same species of plant or are the same type of non-
plant article, were subjected to the same treatments prior to 
importation, and are consigned to the same person.
    Means of conveyance. Any personal property used for or intended for 
use for the movement of any other personal property.
    Move. To carry, enter, import, mail, ship, or transport; to aid, 
abet, cause, or induce the carrying, entering, importing, mailing, 
shipping, or transporting; to offer to carry, enter, import, mail, ship, 
or transport; to receive to carry, enter, import, mail, ship, or 
transport; to release into the environment; or to allow any of the 
activities described in this definition.
    Oral authorization. Verbal permission to import that may be granted 
by an inspector at the port of entry.
    Permit. A written authorization, including by electronic methods, to 
move plants, plant products, biological control organisms, plant pests, 
noxious weeds, or articles under conditions prescribed by the 
Administrator.
    Permittee. The person who, on behalf of self or another person, is 
legally the importer of an article, meets the requirements of Sec.  
319.7-2(f), and is responsible for compliance with the conditions for 
the importation that is the subject of a permit issued in accordance 
with this part.
    Person. Any individual, partnership, corporation, association, joint 
venture, or 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.
    Plant pest. 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; a nonhuman animal; a parasitic 
plant; a bacterium; a fungus; a virus or viroid; an infectious agent or 
other pathogen; or any article similar to or allied with any of the 
foregoing enumerated articles.
    Plant product. Any flower, fruit, vegetable, root, bulb, seed, or 
other plant part that is not included in the definition of plant, or any 
manufactured or processed plant or plant part.
    Port of entry. A port at which a specified shipment or means of 
conveyance

[[Page 213]]

is accepted for entry or admitted without entry into the United States 
for transit purposes.
    Port of first arrival. The area (such as a seaport, airport, or land 
border) where a person or means of conveyance first arrives in the 
United States, and where inspection of regulated articles may be carried 
out by inspectors.
    PPQ. The Plant Protection and Quarantine Program, Animal and Plant 
Health Inspection Service of the United States Department of 
Agriculture, delegated responsibility for enforcing provisions of the 
Plant Protection Act and related legislation, quarantines and 
regulations.
    Regulated article. Any material or tangible object regulated by this 
part for entry into the United States or interstate movement.
    Soil. The unconsolidated material from the earth's surface that 
consists of rock and mineral particles mixed with organic material and 
that supports or is capable of supporting biotic communities.
    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.
    Treatment. A procedure approved by the Administrator for 
neutralizing infestations or infections of plant pests or diseases, such 
as fumigation, application of chemicals or dry or moist heat, or 
processing, utilization, or storage.
    United States. All of the States.



Sec.  319.7-1  Applying for a permit.

    (a) Persons who wish to import regulated articles into the United 
States must apply for a permit, unless the regulated articles are not 
subject to a requirement under this part that a permit be issued prior 
to a consignment's arrival. An applicant for a permit to import 
regulated articles into the United States in accordance with this part 
must be:
    (1) Capable of acting in the capacity of the permittee in accordance 
with Sec.  319.7-2(e), or must designate a permittee who is so capable 
should the permit be issued;
    (2) Applying for a permit on behalf of self or on behalf of another 
person as permittee; and
    (3) At least 18 years of age.
    (b) Permit applications must be submitted by the applicant in 
writing or electronically through one of the means listed at http://
www.aphis.usda.gov/plant_health/permits/index.shtml in advance of the 
action(s) proposed on the permit application.
    (c) The application for a permit must contain the following 
information:
    (1) Legal name, address, and contact information of the applicant, 
and affirmation by the applicant that the applicant is at least 18 years 
of age;
    (2) The same information of the permittee if different from the 
applicant, and, if the permittee is an individual, affirmation by the 
permittee that the permittee is at least 18 years of age;
    (3) Specific type of regulated article (common and scientific names, 
if applicable);
    (4) Country of origin;
    (5) Intended use of the regulated article;
    (6) Intended port(s) of first arrival; and
    (7) A description of any processing, treatment, or handling of the 
regulated article to be performed prior to or following importation, 
including the location where any processing or treatment was or will be 
performed and the names and dosage of any chemical employed in 
treatments of the regulated article.
    (d) The application for a permit may also require the following 
information:
    (1) Means of conveyance;
    (2) Quantity of the regulated article;
    (3) Estimated date of arrival;
    (4) Name, address, and contact information of any broker or 
subsequent custodian of the regulated article;
    (5) Exporting country from which the article is to be moved, when 
not the country of origin; and
    (6) Any other information determined to be necessary by APHIS to 
inform the decision to issue the permit.
    (e) Application for a permit to import regulated articles into the 
United States must be submitted at least 30

[[Page 214]]

days prior to arrival of the article at the port of entry.
    (1) If, through no fault of the importer, a consignment of regulated 
articles subject to a requirement under this part that a permit be 
issued prior to a consignment's arrival arrives at a U.S. port before a 
permit is received, the consignment may be held, under suitable 
safeguards prescribed by the inspector, in custody at the risk and 
expense of the importer pending issuance of a permit or authorization 
from APHIS.
    (2) An oral authorization may be granted by an inspector at the port 
of entry for a consignment, provided that:
    (i) All applicable entry requirements are met;
    (ii) Proof of application for a written permit is provided to the 
inspector; and
    (iii) PPQ verifies that the application for a written permit has 
been received and that PPQ intends to issue the permit.



Sec.  319.7-2  Issuance of permits and labels.

    (a) Upon receipt of an application, APHIS will issue a permit if, 
after review of the application, APHIS determines that the regulated 
articles are eligible to be imported into the United States under any 
applicable conditions. The permit will specify the applicable conditions 
of entry and the port of entry, and a copy will be provided to the 
permittee. The permit will only be valid for the time period indicated 
on the permit.
    (b) The applicant for a permit for the importation of regulated 
articles into the United States must designate the person who will be 
named as the permittee upon the permit's issuance. The applicant and the 
permittee may be the same person or different persons.
    (c) The act, omission, or failure of the permittee as an officer, 
agent, or person acting for or employed by any other person within the 
scope of his or her employment or office will be deemed also to be the 
act, omission, or failure of the other person.
    (d) Failure to comply with all of the conditions specified in the 
permit or any applicable regulations or administrative instructions, or 
forging, counterfeiting, or defacing permits or shipping labels, may 
result in immediate revocation of the permit, denial of any future 
permits, and civil or criminal penalties for the permittee.
    (e) The permittee will remain responsible for the consignment 
regardless of any delegation to a subsequent custodian of the 
importation.
    (f) A permittee must:
    (1) If an individual, be at least 18 years of age and have and 
maintain an address in the United States that is specified on the permit 
and be physically present during normal business hours at that address 
during any periods when articles are being imported or moved interstate 
under the permit; or
    (2) If another legal entity, maintain an address or business office 
in the United States with a designated individual for service of 
process; and
    (3) Serve as the contact for the purpose of communications 
associated with the movement of the regulated article for the duration 
of the permit. The PPQ Permit Unit must be informed of a change in 
contact information for the permittee within 10 business days of such 
change;
    (4) Ensure compliance with the applicable regulatory requirements 
and permit conditions associated with the movement of the regulated 
article for the duration of the permit;
    (5) Provide written or electronic acknowledgment and acceptance of 
permit conditions when APHIS requests such acknowledgment;
    (6) Serve as the primary contact for communication with APHIS 
regarding the permit; and
    (7) Maintain all conditions of the permit for the entirety of its 
prescribed duration.
    (g) The regulated article may be imported only if all applicable 
requirements of the permit issued for the importation of the regulated 
article or any other documents or instructions issued by APHIS are met 
and complied with as determined by APHIS.
    (h) In accordance with the regulations in this part, labels may be 
issued to the permittee for the importation of regulated articles. Such 
labels may contain information about the shipment's nature, origin, 
movement conditions, or other matters relevant to the permit and will 
indicate that the

[[Page 215]]

importation is authorized under the conditions specified in the permit.
    (1) If issued, the quantity of labels will be sufficient for the 
permittee to attach one to each parcel. Labels must be affixed to the 
outer packaging of the parcel.
    (2) Importations without such required labels will be refused entry 
into the United States, unless a label is not required and not issued 
for the importation.
    (i) Even if a permit has been issued for the importation of a 
regulated article, the regulated article may be imported only if an 
inspector at the port of entry determines that no remedial measures 
pursuant to the Plant Protection Act are necessary to mitigate or 
address any plant pest or noxious weed risks. \1\
---------------------------------------------------------------------------

    \1\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, and other articles in accordance with sections 414, 421, and 434 
of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (j) A permit application may be withdrawn at the request of the 
applicant prior to the issuance of the permit.
    (k) A permit may be canceled after issuance at the request of the 
permittee.
    (l) A permit may be amended if APHIS finds that the permit is 
incomplete or contains factual errors.
    (m) In accordance with Section 7734 of the Plant Protection Act, as 
amended (7 U.S.C. 7701 et seq.), the actions, omissions, or failures of 
any agent of the permittee may be deemed the actions, omissions, or 
failures of a permittee as well; and that failure to comply with all of 
the conditions specified in the permit or any applicable regulations or 
administrative instructions, or forging, counterfeiting, or defacing 
permits or shipping labels, may result in immediate revocation of the 
permit, denial of any future permits, and civil or criminal penalties 
for the permittee.



Sec.  319.7-3  Denial of permits.

    (a) APHIS may deny an application for a permit to import a regulated 
article into the United States. A denial, including the reason for the 
denial, will be provided in writing, including by electronic methods, to 
the applicant as promptly as circumstances permit. The denial of a 
permit may be appealed in accordance with Sec.  319.7-5.
    (b) APHIS may deny an application for a permit to import a regulated 
article:
    (1) If APHIS determines that the applicant is not likely to abide by 
permit conditions. Factors that may lead to such a determination 
include, but are not limited to, the following:
    (i) The applicant, or a partnership, firm, corporation, or other 
legal entity in which the applicant has a substantial interest, 
financial or otherwise, has not complied with any permit that was 
previously issued by APHIS;
    (ii) APHIS determines that issuing the permit would circumvent any 
order revoking or denying a permit under the Plant Protection Act;
    (iii) APHIS determines that the applicant has previously failed to 
comply with any APHIS regulation;
    (iv) APHIS determines that the applicant has previously failed to 
comply with any Federal, State, or local law, regulation, or instruction 
concerning the importation of prohibited or restricted foreign 
agricultural products;
    (v) APHIS determines that the applicant has failed to comply with 
the laws or regulations of a national plant protection organization or 
equivalent body, as these pertain to plant health;
    (vi) APHIS determines that the applicant has made false or 
fraudulent statements or provided false or fraudulent records to APHIS; 
or
    (vii) The applicant has been convicted or has pled nolo contendere 
to any crime involving fraud, bribery, extortion, or any other crime 
involving a lack of integrity.
    (2) If the application for a permit contains information that is 
found to be materially false, fraudulent, deceptive, or 
misrepresentative;
    (3) If APHIS concludes that the actions proposed under the permit 
would present an unacceptable risk to plants and plant products because 
of the potential for introduction or dissemination of a plant pest or 
noxious weed within the United States;

[[Page 216]]

    (4) If the importation is adverse to the conduct of an eradication, 
suppression, control, or phytosanitary program of APHIS or a program 
recognized by APHIS;
    (5) If the importation is not in compliance with any applicable 
import regulations or any administrative instructions or measures, 
including, but not limited to, all the requirements of this part; or
    (6) If a State executive official, or a State plant protection 
official authorized to do so, objects to the movement in writing and 
provides specific, detailed information that there is a risk the 
movement will result in the dissemination of a plant pest or noxious 
weed into the State, and APHIS determines that such plant pest risk 
cannot be adequately addressed or mitigated.



Sec.  319.7-4  Withdrawal, cancellation, and revocation of permits.

    (a) Withdrawal of an application. If the applicant wishes to 
withdraw a permit application before issuance of a permit, he or she 
must provide the request in writing to APHIS. APHIS will provide written 
notification to the applicant as promptly as circumstances allow 
regarding reception of the request and withdrawal of the application.
    (b) Cancellation of permit by permittee. If a permittee wishes to 
cancel a permit after its issuance, he or she must provide the request 
in writing to APHIS. APHIS will provide written notification to the 
applicant as promptly as circumstances allow regarding reception of the 
request and cancellation of the permit.
    (c) Revocation of permit by APHIS. APHIS may revoke any outstanding 
permit to import regulated articles into the United States. A 
revocation, including the reason for the revocation, will be provided in 
writing, including by electronic methods, to the permittee as promptly 
as circumstances permit. The revocation of a permit may be appealed in 
accordance with Sec.  319.7-5.
    (d) APHIS may revoke a permit to import a regulated article if:
    (1) Information is received subsequent to the issuance of the permit 
of circumstances that APHIS determines would constitute cause for the 
denial of an application under Sec.  319.7-3; or
    (2) APHIS determines that the permittee has failed to maintain the 
safeguards or otherwise observe the conditions specified in the permit 
or in any applicable regulations or administrative instructions, 
including, but not limited to, all of the requirements of this part.
    (e) Upon revocation of a permit, the permittee must, without cost to 
the Federal Government and in the manner and method APHIS considers 
appropriate, either:
    (1) Surrender all regulated articles covered by the revoked permit 
and any other affected plant material to an inspector;
    (2) Destroy, under the supervision of an inspector, all regulated 
articles covered by the revoked permit and any other affected plant 
material; or
    (3) Remove all regulated articles covered by the revoked permit and 
any other affected plant material from the United States.

[78 FR 19807, Apr. 10, 2014, as amended at 81 FR 5888, Feb. 4, 2016]



Sec.  319.7-5  Appeal of denial or revocation.

    (a) All denials of an application for a permit, or revocations of an 
existing permit, will be provided in writing, including by electronic 
methods, as promptly as circumstances permit and will include the 
reasons for the denial or revocation.
    (b) Any person whose application for a permit has been denied or 
whose permit has been revoked may appeal the decision in writing to 
APHIS within 10 business days from the date the communication of 
notification of the denial or revocation of the permit was received. The 
appeal must state all facts and reasons upon which the person is relying 
to show that the denial or revocation was incorrect.
    (c) APHIS will grant or deny the appeal in writing and will state in 
writing the reason for the decision. The denial or revocation will 
remain in effect during the resolution of the appeal.

[[Page 217]]



                    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), the Administrator of the Animal and Plant 
Health Inspection Service has determined that the unrestricted 
importation into the United States from all foreign countries and 
localities of 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; any other unmanufactured 
parts of cotton plants; second-hand burlap and other fabrics, shredded 
or otherwise, that 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. 
Accordingly, to prevent the introduction into the United States of plant 
pests, the importation of those articles into the United States is 
prohibited unless they are imported in accordance with the regulations 
in this subpart or their importation has been authorized for 
experimental, therapeutic, or developmental purposes by a controlled 
import permit issued in accordance with Sec.  319.6.
    (b) The importation of cotton plants (including any plant parts) 
that are for planting or capable of being planted is restricted in 
Subpart--Plants for Planting of this part.

[78 FR 25569, May 2, 2013, as amended at 83 FR 11855, Mar. 19, 2018]



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:
    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.
    Approved. Approved by the Administrator.
    Approved areas of Mexico. Any areas of Mexico, other than Northwest 
Mexico and the west coast of Mexico, which are designated by the 
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.

[[Page 218]]

    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 Administrator.
    Compressed. Compressed or pressed and baled or packaged to a density 
greater than approximately 20 pounds and less than approximately 28 
pounds per cubic foot.
    Compressed to high density. Compressed or pressed and baled or 
packaged to a density of approximately 28 or more pounds per cubic foot.
    Contamination (contaminate). Containing or bearing whole cottonseed 
or seed cotton or other material which may carry the pink bollworm, the 
golden nematode of potatoes, the flag smut disease, or other injurious 
plant diseases or insect pests. (The verb contaminate shall be construed 
accordingly.)
    Cotton. Parts and products of plants of the genus Gossypium, 
including seed cotton; cottonseed; cotton lint, linters and other forms 
of cotton fiber, not including yarn, thread and cloth; cottonseed hulls, 
cake, meal, and other cottonseed products, except oil; waste; and all 
other unmanufactured parts of cotton plants.
    Cottonseed. Cottonseed from which the lint has been removed and that 
is intended for processing or consumption.
    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.
    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, VA, 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 Administrator 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 and in 
Sec. Sec.  319.7 through 319.7-5.
    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.

[[Page 219]]

    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 Administrator 
for destroying infestations or infections of insect pests or plant 
diseases, such as fumigation, application of chemicals or dry or moist 
heat, or processing, utilization, or storage.
    Uncompressed. Baled or packaged to a density not exceeding 
approximately 20 pounds per cubic foot.
    United States. Any of the States, the District of Columbia, Guam, 
Puerto Rico, or the Virgin Islands of the United States.
    Utilization. Processing or manufacture, in lieu of fumigation at 
time of entry, at a mill or plant authorized by APHIS through a 
compliance agreement for foreign cotton processing or manufacturing.
    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; 78 FR 25569, May 2, 2013; 79 FR 19870, Apr. 10, 2014; 83 FR 
11855, Mar. 19, 2018]

        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 for a permit in accordance with Sec. Sec.  319.7 through 
319.7-5 . 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.
    (b) Applications to import lint, linters, or waste at a port \1\ 
other than one in the North, in California, or on the Mexican Border 
shall also specify whether the commodity is compressed to high density.
---------------------------------------------------------------------------

    \1\ Including ports in Guam, Hawaii, Puerto Rico, and the Virgin 
Islands of the United States.
---------------------------------------------------------------------------

    (c) Upon receipt of an application to import lint, linters, waste, 
or covers, without treatment, for utilization under agreement as defined 
in Sec.  319.8-8(a)(2), an investigation will be made by an inspector to 
determine that the receiving mill or plant is satisfactorily located 
geographically, is equipped with all necessary safeguards, and is 
apparently in a position to fulfill all precautionary conditions to 
which it may agree. Upon determination by the inspector that these 
qualifications are fulfilled, the owner or operator of the mill or plant 
may sign an agreement specifying that the required precautionary 
conditions will be maintained. Such signed agreement will be a necessary 
requisite to the release at the port of entry of any imported lint, 
linters, waste, or covers for forwarding to and utilization at such mill 
or plant in lieu of vacuum fumigation or other treatment otherwise 
required by this subpart. Permits for the importation of such materials 
will be issued in accordance with paragraph (a) of this section.
    (d) Permits for importation of any cotton or covers are conditioned 
upon compliance with all of the conditions specified in the permit and 
any applicable regulations or administrative instructions of this part.
    (e) Pending development of adequate treating facilities in Guam, any 
cotton or covers that are subject to treatment

[[Page 220]]

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; 
78 FR 25570, May 2, 2013; 79 FR 19811, Apr. 10, 2014]



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 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 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; 78 FR 25570, May 2, 2013]



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 to an inspector or, in the 
case of Guam, through the Customs officer of the Government of Guam, 
notice of such arrival using a form provided for that purpose (Form PPQ-
368). Forms will be submitted using a U.S. Government electronic 
information exchange system or other authorized method.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[81 FR 40150, June 21, 2016]



Sec.  319.8-5  Marking of containers.

    Every bale or other container of cotton lint, linters, waste, or 
covers imported or offered for entry shall be plainly marked or tagged 
with a bale number or other mark to distinguish it from other bales or 
containers of similar material. Bales of lint, linters, and waste from 
approved areas of Mexico, the West Coast of Mexico, or Northwest Mexico 
shall be tagged or otherwise marked to show the gin or mill of origin 
unless they are immediately exported.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[27 FR 5389, June 7, 1962, as amended at 48 FR 57466, Dec. 30, 1983]



Sec.  319.8-6  Cottonseed cake and cottonseed meal.

    Entry of cottonseed cake and cottonseed meal will be authorized 
through any port at which the services of an inspector are available, 
subject to examination by an inspector for freedom from contamination. 
If found to be free of contamination, importations of such cottonseed 
cake and cottonseed meal will be released from further plant quarantine 
entry restrictions. If found to be contaminated such importations will 
be refused entry or subjected as a condition of entry to such safeguards 
as the inspector may prescribe, according to a method selected by 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.

[[Page 221]]



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 Administrator to assure retention of the material, including all 
wastes and residues, at the mill or plant and its processing, 
utilization or disposal in a manner that will eliminate all pest risk, 
will be complied with.
    (3) Failure to comply with any of the conditions of an agreement 
specified in paragraph (a)(2) of this section may be cause for immediate 
cancellation of the agreement by the inspector and refusal to release, 
without vacuum fumigation, lint, linters, and waste for transportation 
to the mill or plant.
    (4) Agreements specified in paragraph (a)(2) of this section may be 
executed only with owners or operators of mills or plants located in 
States in which cotton is not grown commercially and at locations in 
such other States as may be administratively designated by the 
Administrator 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.

[[Page 222]]

    (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, \2\ arriving 
at a northern port, subject to movement to an approved mill or plant.
---------------------------------------------------------------------------

    \2\ 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; 78 FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 
2014]



Sec.  319.8-9  Hull fiber and gin trash.

    (a) Entry of hull fiber will be authorized under the same conditions 
as are applicable to waste under this subpart.
    (b) Gin trash may be imported only under the provisions of Sec.  
319.8-20.

[24 FR 10788, Dec. 29, 1959, as amended at 27 FR 5390, June 7, 1962]



Sec.  319.8-10  Covers.

    (a) Entry of covers (including bags, slit bags, and parts of bags) 
which have been used as containers for cotton grown or processed in 
countries other than the United States may be authorized either (1) 
through a Mexican border port named in the permit for vacuum fumigation 
by an approved method in that part of the United States within the 
generally infested pink bollworm regulated area; or (2) through a 
northern port or a port in the State of California subject to vacuum 
fumigation by an approved method or without vacuum fumigation when the 
covers are to be moved to an approved mill or plant for utilization. 
When such covers are forwarded from a northern port to a mill or plant 
in California for utilization, or from a California port to another 
California or northern port for vacuum fumigation thereat or for 
movement to a mill or plant for utilization such movement shall be made 
by an all-water route unless the bales are compressed to a density of 20 
pounds or more per cubic foot in which case the bales may be moved 
overland in van-type trucks or box cars if all-water transportation is 
not available. Such overland movement may be made only after approved 
surface treatment or under such other conditions as may be deemed 
necessary and are prescribed by the inspector. When such covers arrive 
at a port other than a northern, California, or Mexican border port they 
will be required to be transported therefrom immediately in bond by an 
all-water route to a northern or California port where approved vacuum 
fumigation facilities are available for vacuum fumigation thereat by an 
approved method or for forwarding therefrom to an approved mill or plant 
for utilization.
    (b) American cotton bagging, commonly known as coarse gunny, which 
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

[[Page 223]]

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 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

[[Page 224]]

in, and which were produced and handled only in approved areas of Mexico 
\3\ may be authorized through Mexican Border ports in Texas named in the 
permits
---------------------------------------------------------------------------

    \3\ 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; 78 
FR 25570, May 2, 2013; 79 FR 19810, Apr. 10, 2014]



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 
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 
Administrator.
    (g) Any cotton products for movement through Mexican border ports in 
Texas directly into the generally infested pink bollworm regulated area, 
movement thereafter to be in accordance with Sec.  301.52 of this 
chapter.

[27 FR 5309, June 7, 1962, as amended at 36 FR 24917, Dec. 24, 1971; 78 
FR 25570, May 2, 2013]



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

[[Page 225]]

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, \4\ and covers, arriving at a port in the 
north for entry for exportation, vacuum fumigation, or utilization in 
accordance with the requirements in this subpart, may be allowed 
movement in Customs custody for storage at a point in the north pending 
such exportation, or movement to an approved mill or plant for vacuum 
fumigation or utilization, when there are inspectors available to 
supervise such storage, if the bales are free of surface contamination, 
if they are kept segregated from other cotton and covers in a manner 
satisfactory to the inspector, and if waste is collected and disposed of 
in a manner satisfactory to the inspector. Such lint, linters, waste, 
and covers shall remain under Customs custody until released by the 
inspector.
---------------------------------------------------------------------------

    \4\ 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

[[Page 226]]

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; 78 FR 25570, May 2, 
2013; 79 FR 19810, Apr. 10, 2014]



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. Sec.  319.8-19--319.8-20  [Reserved]



Sec.  319.8-21  Release of cotton and covers after 18 months' storage.

    Cotton and covers, the entry of which has been authorized subject to 
vacuum fumigation or other treatment because of the pink bollworm only, 
and which have not received such treatment but have been stored for a 
period of 18 months or more will be released from further plant 
quarantine entry restrictions.



Sec.  319.8-22  Ports of entry or export.

    When ports of entry or export are not specifically designated in 
this subpart but are left to the judgment of the inspector, the 
inspector shall designate only such ports as have been administratively 
approved for such entry or export.



Sec.  319.8-23  Treatment.

    (a)(1) Vacuum fumigation as required in this subpart must be 
conducted in accordance with part 305 of this chapter.
    (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.

[24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4251, Jan. 26, 2010]



Sec.  319.8-24  Collection and disposal of waste.

    (a) Importers shall handle imported, unfumigated cotton and covers 
in a

[[Page 227]]

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 or her 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 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 for experimental, therapeutic, or developmental purposes 
under the conditions specified in a controlled import permit issued in 
accordance with Sec.  319.6.
    (b) The importation of sugarcane plants (including any plant parts) 
that are for planting or capable of being planted is restricted under 
Subpart--Plants for Planting of this part.
    (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.

[24 FR 10788, Dec. 29, 1959, as amended at 66 FR 21055, Apr. 27, 2001; 
78 FR 25570, May 2, 2013; 83 FR 11855, Mar. 19, 2018]



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

[[Page 228]]

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_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) The importation of corn plants (including any plant parts) that 
are for planting or capable of being planted is restricted in Subpart--
Plants for Planting of this part.
    (c) 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 for experimental, therapeutic, or 
developmental purposes under the conditions specified in a controlled 
import permit issued in accordance with Sec.  319.6.
    (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.
    (e) 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; 78 FR 25570, May 2, 2013; 83 FR 11855, Mar. 
19, 2018]



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  Application for permits for importation of corn.

    Persons contemplating the importation of corn into the United States 
shall obtain a permit in accordance with Sec. Sec.  319.7 through 319.7-
5.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[79 FR 19810, Apr. 10, 2014]

[[Page 229]]



Sec.  319.24-2  [Reserved]



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  [Reserved]



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_Plants for Planting

    Source: 83 FR 11856, Mar. 19, 2018, unless otherwise noted.



Sec.  319.37-1  Notice of quarantine.

    (a) Under section 412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry of any 
plant or plant product if the Secretary determines that the prohibition 
or restriction is necessary to prevent the introduction into the United 
States or the dissemination within the United States of a plant pest or 
noxious weed.
    (b) The Secretary has determined that it is necessary to designate 
the importation of certain taxa of plants for planting as not authorized 
pending pest risk analysis, as provided in Sec.  319.37-4. The Secretary 
has determined that it is necessary to restrict the importation into the 
United States of all other plants for planting and to impose additional 
restrictions on the importation of specific types of plants for 
planting, in accordance with this subpart and as described in the Plants 
for Planting Manual.
    (c) The importation of plants that are imported for processing or 
consumption, as determined by an inspector based on documentation 
accompanying the articles, is not subject to this subpart but may be 
subject to restrictions elsewhere in this part.
    (d) The importation of taxa of plants for planting that are listed 
in parts 360 and 361 of this chapter is subject to the restrictions in 
those parts.
    (e) The Plant Protection and Quarantine Programs also enforces 
regulations promulgated under the Endangered Species Act of 1973 (16 
U.S.C. 1531-1544) which contain additional prohibitions and restrictions 
on importation into the United States of plants for planting subject to 
this subpart (see 50 CFR parts 17 and 23).
    (f) Within the Plants for Planting Manual, one or more common names 
of plants for planting may be given in parentheses after most scientific 
names (when common names are known) for the purpose of helping to 
identify the plants for planting represented by such scientific names; 
however, unless otherwise specified, a reference to a scientific name 
includes all plants for planting within the taxon represented by the 
scientific name regardless of whether the common name or names are as 
comprehensive in scope as the

[[Page 230]]

scientific name. When restrictions apply to the importation of a taxon 
of plants for planting for which there are taxonomic synonyms, those 
restrictions apply to the importation of all the synonyms of that taxon 
as well.



Sec.  319.37-2  Definitions.

    The following definitions apply to this subpart:
    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other employee of the United States Department of Agriculture authorized 
to act in his or her stead.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service, United States Department of 
Agriculture.
    Bulb. 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.
    Consignment. A quantity of plants for planting being moved from one 
country to another and covered, when required, by a single phytosanitary 
certificate (a consignment may be composed of one or more lots or taxa).
    Controlled import permit. A written or electronically transmitted 
authorization issued by APHIS for the importation into the United States 
of otherwise prohibited or restricted plant material for experimental, 
therapeutic, or developmental purposes, under controlled conditions as 
prescribed by the Administrator in accordance with Sec.  319.6.
    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.
    From. Plants for planting are considered to be ``from'' any country 
or locality in which they are grown. Provided, That plants for planting 
imported into Canada from another country or locality shall be 
considered as being solely from Canada if they meet the following 
conditions:
    (1) They are imported into the United States directly from Canada 
after having been grown for at least 1 year in Canada;
    (2) They have never been grown in a country from which their 
importation would not be authorized pending pest risk analysis under 
Sec.  319.37-4;
    (3) They have never been grown in a country, other than Canada, from 
which it would be subject to certain restrictions on the importation of 
specific types of plants for planting under Sec.  319.37-20, which are 
listed in the Plants for Planting Manual; Provided, that plants for 
planting that would be subject to postentry quarantine if imported into 
the United States may be imported from Canada after growth in another 
country if they were grown in Canada in postentry quarantine under 
conditions equivalent to those specified in the Plants for Planting 
Manual; and
    (4) They were not imported into Canada in growing media.
    Inspector. Any individual authorized by the Administrator or the 
Commissioner of Customs and Border Protection, Department of Homeland 
Security, to enforce the regulations in this part.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    Mother stock. A group of plants from which plant parts are taken to 
produce new plants.
    National plant protection organization (NPPO). The official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including plants for 
planting or plant products), livestock, poultry, or other interests of 
agriculture, irrigation, navigation, the natural resources of the United 
States, the public health, or the environment.
    Official control. The active enforcement of mandatory phytosanitary 
regulations and the application of mandatory phytosanitary procedures 
with the objective of eradication or containment of quarantine pests.

[[Page 231]]

    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Phytosanitary certificate. A document, including electronic 
versions, that is related to a restricted article and is issued not more 
than 15 days prior to shipment of the restricted article from the 
country in which it was grown and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention, a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United Nations (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the national plant protection organization of 
the United States (Animal and Plant Health Inspection Service);
    (4) Describes the shipment;
    (5) Certifies the place of origin for all contents of the shipment;
    (6) Certifies that the shipment has been inspected and/or tested 
according to appropriate official procedures and is considered free from 
quarantine pests of the United States;
    (7) Contains any additional declarations required in the Plants for 
Planting Manual; and
    (8) Certifies that the shipment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
    Place of production. Any premises or collection of fields operated 
as a single production or farming unit. This may include production 
sites that are separately managed for phytosanitary purposes.
    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.
    Plant broker. An entity that purchases or takes possession of plants 
for planting from an approved place of production for the purpose of 
exporting those plants without further growing beyond maintaining the 
plants until export.
    Plant pest. 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, a nonhuman animal, a parasitic 
plant, a bacterium, a fungus, a virus or viroid, an infectious agent or 
other pathogen, or any article similar to or allied with any of these 
articles.
    Plant Protection and Quarantine Programs. The organizational unit 
within APHIS that is delegated responsibility for enforcing provisions 
of the Plant Protection Act (7 U.S.C. 7701 et seq.) and related 
legislation, quarantines, and regulations.
    Planting. Any operation for the placing of plants in a growing 
medium, or by grafting or similar operations, to ensure their subsequent 
growth, reproduction, or propagation.
    Plants for planting. Plants intended to remain planted, to be 
planted, or replanted.
    Plants for Planting Manual. The document that contains restrictions 
on the importation of specific types of plants for planting, as provided 
in Sec.  319.37-20, and other information about the importation of 
plants for planting as provided in this subpart. The Plants for Planting 
Manual is available on the internet at https://www.aphis.usda.gov/
import_export/plants/manuals/ports/downloads/plants_for_planting.pdf. or 
by contacting the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, 4700 River Road, Unit 133, Riverdale, MD 
20737-1236.
    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 plants for planting is carried out by inspectors.
    Preclearance. Phytosanitary inspection and/or clearance in the 
country in which the plants for planting were grown, performed by or 
under the regular supervision of APHIS.

[[Page 232]]

    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.
    Quarantine pest. A plant pest or noxious weed that is of potential 
economic importance to the United States and not yet present in the 
United States, or present but not widely distributed and being 
officially controlled.
    Regulated plant. A vascular or nonvascular plant. Vascular plants 
include gymnosperms, angiosperms, ferns, and fern allies. Gymnosperms 
include cycads, conifers, and gingko. Angiosperms include any flowering 
plant. Fern allies include club mosses, horsetails, whisk ferns, spike 
mosses, and quillworts. Nonvascular plants include mosses, liverworts, 
hornworts, and green algae.
    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.
    Species (spp.). All species, clones, cultivars, strains, varieties, 
and hybrids of a genus.
    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.
    State Plant Regulatory Official. The official authorized by the 
State to sign agreements with Federal agencies involving operations of 
the State plant protection agency.
    Taxon (taxa). Any grouping within botanical nomenclature, such as 
family, genus, species, or cultivar.
    Type of plants for planting. A grouping of plants for planting based 
on shared characteristics such as biological traits, morphology, 
botanical nomenclature, or risk factors.
    United States. All of the States.



Sec.  319.37-3  General restrictions on the importation of plants
for planting.

    (a) The importation of certain taxa of plants for planting is not 
authorized pending pest risk analysis in accordance with Sec.  319.37-4.
    (b) General restrictions that apply to the importation of all plants 
for planting other than those whose importation is not authorized 
pending pest risk analysis are found in Sec. Sec.  319.37-5 through 
319.37-11.
    (c) In accordance with Sec.  319.37-20, the Administrator may impose 
restrictions on the importation of specific types of plants for 
planting. These restrictions are listed in the Plants for Planting 
Manual. Additional information on restrictions applicable to the 
importation of specific types of plants for planting can be found in 
Sec. Sec.  319.37-20 through 319.37-23.



Sec.  319.37-4  Taxa of plants for planting whose importation is not
authorized pending pest risk analysis.

    (a) Determination by the Administrator. The importation of certain 
taxa of plants for planting poses a risk of introducing quarantine pests 
into the United States. Therefore, the importation of these taxa is not 
authorized pending the completion of a pest risk analysis, except as 
provided in paragraph (f) of this section. These taxa are listed in the 
Plants for Planting Manual. There are two categories of taxa whose 
importation is not authorized pending pest risk analysis: Taxa of plants 
for planting that are quarantine pests, and taxa of plants for planting 
that are hosts of quarantine pests. For taxa of plants for planting that 
have been determined to be quarantine pests, the list includes the names 
of the taxa. For taxa of plants for planting that are hosts of 
quarantine pests, the list includes the names of the taxa, the foreign 
places from which the taxa's importation is not authorized, and the 
quarantine pests of concern.
    (b) Addition of taxa. A taxon of plants for planting may be added to 
one of the

[[Page 233]]

lists of taxa not authorized for importation pending pest risk analysis 
under this section as follows:
    (1) Data sheet. APHIS will publish in the Federal Register a 
document that announces our determination that a taxon of plants for 
planting is either a quarantine pest or a host of a quarantine pest. 
This notice will make available a data sheet that details the scientific 
evidence APHIS evaluated in making the determination that the taxon is a 
quarantine pest or a host of a quarantine pest. The data sheet will 
include references to the scientific evidence that APHIS used in making 
the determination. In our notice, we will provide for a public comment 
period of a minimum of 60 days on our additions to the list.
    (2) Response to comments. (i) APHIS will issue a notice after the 
close of the public comment period indicating that the taxon will be 
added to the list of taxa not authorized for importation pending pest 
risk analysis if:
    (A) No comments were received on the data sheet;
    (B) The comments on the data sheet revealed that no changes to the 
data sheet were necessary; or
    (C) Changes to the data sheet were made in response to public 
comments, but the changes did not affect APHIS' determination that the 
taxon poses a risk of introducing a quarantine pest into the United 
States.
    (ii) If comments present information that leads us to determine that 
the importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States, APHIS will not add the taxon to 
the list of plants for planting whose importation is not authorized 
pending pest risk analysis. APHIS will issue a notice giving public 
notice of this determination after the close of the comment period.
    (c) Criterion for listing a taxon of plants for planting as a 
quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a quarantine pest.
    (d) Criteria for listing a taxon of plants for planting as a host of 
a quarantine pest. A taxon will be added to the list of taxa whose 
importation is not authorized pending pest risk analysis if scientific 
evidence causes APHIS to determine that the taxon is a host of a 
quarantine pest. The following criteria must be fulfilled in order to 
make this determination:
    (1) The plant pest in question must be determined to be a quarantine 
pest; and
    (2) The taxon of plants for planting must be determined to be a host 
of that quarantine pest.
    (e) Removing a taxon from the list of taxa not authorized pending 
pest risk analysis. (1) Requests to remove a taxon from the list of taxa 
whose importation is not authorized pending pest risk analysis (NAPPRA) 
must be made in accordance with Sec.  319.5. APHIS will conduct a pest 
risk analysis in response to such a request. The pest risk analysis will 
examine the risk associated with the importation of that taxon as well 
as measures available to mitigate that risk. The pest risk analysis may 
analyze importation of the taxon from a specific area, country, or 
countries, or from all areas of the world. The conclusions of the pest 
risk analysis will apply accordingly.
    (2) If the pest risk analysis indicates that the taxon is a 
quarantine pest or a host of a quarantine pest and the Administrator 
determines that there are no measures available that adequately mitigate 
the risk of introducing a quarantine pest into the United States through 
the taxon's importation, we will continue to list the taxon as not 
authorized for importation pending pest risk analysis. We will publish a 
notice making the pest risk analysis available for comment. If comments 
cause us to change our determination, we will publish another notice in 
accordance with either paragraph (e)(3) or (4) of this section, as 
appropriate. If comments do not cause us to change our determination, we 
will publish a second notice responding to the comments and affirming 
our determination that the taxon should continue to be listed as NAPPRA.
    (3) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to taxon-

[[Page 234]]

specific restrictions, APHIS will publish a notice making the pest risk 
analysis available to the public for comment in accordance with the 
process in Sec.  319.37-20(c).
    (4) If the pest risk analysis supports a determination that 
importation of the taxon be allowed subject to the general restrictions 
of this subpart, APHIS will publish a notice announcing our intent to 
remove the taxon from the list of taxa whose importation is not 
authorized pending pest risk analysis and making the pest risk analysis 
supporting the taxon's removal available for public comment.
    (i) APHIS will issue a notice after the close of the public comment 
period indicating that the importation of the taxon will be subject only 
to the general restrictions of this subpart if:
    (A) No comments were received on the pest risk analysis;
    (B) The comments on the pest risk analysis revealed that no changes 
to the pest risk analysis were necessary; or
    (C) Changes to the pest risk analysis were made in response to 
public comments, but the changes did not affect the overall conclusions 
of the analysis and the Administrator's determination that the 
importation of the taxon does not pose a risk of introducing a 
quarantine pest into the United States.
    (ii) If information presented by commenters indicates that the pest 
risk analysis needs to be revised, APHIS will issue a notice after the 
close of the public comment period indicating that the importation of 
the taxon will continue to be listed as not authorized pending pest risk 
analysis while the information presented by commenters is analyzed and 
incorporated into the pest risk analysis. APHIS will subsequently 
publish a new notice announcing the availability of the revised pest 
risk analysis.
    (5) APHIS may also remove a taxon from the list of taxa whose 
importation is not authorized pending pest risk analysis when APHIS 
determines that the evidence used to add the taxon to the list was 
erroneous (for example, involving a taxonomic misidentification).
    (f) Controlled import permits. Any plants for planting whose 
importation is not authorized pending pest risk analysis in accordance 
with this section may be imported or offered for entry into the United 
States if:
    (1) Imported for experimental, therapeutic, or developmental 
purposes under the conditions specified in a controlled import permit 
issued in accordance with Sec.  319.6;
    (2) Imported at the National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Research Center East, Beltsville, 
MD 20705 or through any USDA plant inspection station listed in the 
Plants for Planting Manual;
    (3) Imported pursuant to a controlled import permit issued for such 
plants for planting and kept on file at the port of entry;
    (4) Imported under conditions specified on the controlled import 
permit and found by the Administrator to be adequate to prevent the 
introduction into the United States of quarantine pests, i.e., 
conditions of treatment, processing, growing, shipment, disposal; and
    (5) Imported with a controlled import tag or label securely attached 
to the outside of the container containing the plants for planting or 
securely attached to the plant itself if not in a container, and with 
such tag or label bearing a controlled import permit number 
corresponding to the number of the controlled import permit issued for 
such plants for planting.

(Approved by the Office of Management and Budget under control number 
0579-0380)



Sec.  319.37-5  Permits.

    (a)(1) Plants for planting 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, except as 
provided in the Plants for Planting Manual. Exceptions from the 
requirement for a written permit will be added, changed, or removed in 
accordance with Sec.  319.37-20.
    (2) Plants for planting whose importation is subject to postentry 
quarantine, as listed in the Plants for Planting Manual, must also be 
imported under an importer postentry quarantine growing agreement in 
accordance with Sec.  319.37-23(c).

[[Page 235]]

    (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, Permits, Permit 
Unit, 4700 River Road, Unit 133, Riverdale, MD 20737-1236) at least 30 
days prior to arrival of the plants for planting at the port of entry. 
Application forms are available without charge from that address or on 
the internet at http://www.aphis.usda.gov/permits/ppq_epermits.shtml. 
The completed application shall include the following information:
    (1) Name, address, and telephone number of the importer;
    (2) The taxon or taxa and the approximate quantity of plants for 
planting intended to be imported;
    (3) Country(ies) or locality(ies) where grown;
    (4) Intended United States port of entry;
    (5) Means of transportation, e.g., mail, airmail, express, air 
express, freight, airfreight, or baggage; and
    (6) Expected date of arrival.
    (c) A permit indicating the applicable conditions for importation 
under this subpart will be issued by Plant Protection and Quarantine 
Programs if, after review of the application, the plants for planting 
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 plants for planting 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 plants for planting.\1\
---------------------------------------------------------------------------

    \1\ 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) Any permit that has been issued may be revoked by an inspector 
or APHIS in accordance with Sec.  319.7-4.
    (e) Any plants for planting not required to be imported with a 
permit in accordance with paragraph (a) of this section may be imported 
or offered for importation into the United States only after issuance of 
an oral authorization for importation issued by an inspector at the port 
of entry.
    (f) An oral authorization for importation of plants for planting 
shall be issued at a port of entry by an inspector only if all 
applicable requirements of this subpart are met, such plants for 
planting are eligible to be imported under an oral authorization, 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 plants for planting.
    (g) Persons wishing to import plants for planting into the United 
States for experimental, therapeutic, or developmental purposes must 
apply for a controlled import permit in accordance with Sec. Sec.  319.6 
and 319.37-3.

(Approved by the Office of Management and Budget under control numbers 
0579-0190, 0579-0285, and 0579-0319)



Sec.  319.37-6  Phytosanitary certificates.

    (a) Phytosanitary certificates. Any plants for planting offered for 
importation into the United States must be accompanied by a 
phytosanitary certificate, except as described in paragraphs (b) and (c) 
of this section. The phytosanitary certificate must identify the genus 
of the plants for planting it accompanies. When the importation of 
individual species or cultivars within a genus is restricted in 
accordance with Sec.  319.37-20, the phytosanitary certificate must also 
identify the species or cultivar of the plants for planting it 
accompanies. Otherwise, identification of the species is strongly 
preferred, but not required. Intergeneric and interspecific hybrids must 
be designated by placing the multiplication sign ``x'' between the names 
of the parent taxa. If the hybrid is named, the multiplication sign may 
instead be placed before the name of an intergeneric hybrid or before 
the epithet in the name of an interspecific hybrid.
    (b) 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:

[[Page 236]]

    (1) The importation of the seed is authorized by a written permit 
issued in accordance with Sec.  319.37-5.
    (2) The seed is not listed as not authorized pending pest risk 
analysis, as provided in Sec.  319.37-4; is not of any noxious weed 
species listed in part 360 of this chapter; is not subject to 
restrictions on specific types of plants for planting as provided in 
Sec.  319.37-20; 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 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 USDA plant 
inspection station.
    (c) Importation of other plants for planting without phytosanitary 
certificates. (1) The Administrator may authorize the importation of 
types of plants for planting without a phytosanitary certificate if the 
plants for planting are accompanied by equivalent documentation agreed 
upon by the Administrator and the NPPO of the exporting country as 
sufficient to establish the eligibility of the plants for importation 
into the United States. The documentation must be provided by the NPPO 
or refer to documentation provided by the NPPO. The documentation must 
be agreed upon before the plants for planting are exported from the 
exporting country to the United States.
    (2) The Administrator may impose additional restrictions on the 
importation of plants for planting that are not accompanied by a 
phytosanitary certificate to ensure that the plants are appropriately 
identified and free of quarantine pests.
    (3) The Plants for Planting Manual lists types of plants for 
planting that are not required to be accompanied by a phytosanitary 
certificate; the countries from which their importation without a 
phytosanitary certificate is authorized; the approved documentation of 
eligibility for importation; and any additional conditions on their 
importation.
    (4) Types of plants for planting may be added to or removed from the 
list of plants for planting that are not required to be accompanied by a 
phytosanitary certificate in accordance with Sec.  319.37-20. The 
requirements for importing types of plants for planting without a 
phytosanitary certificate may also be changed by a notice issued in 
accordance with Sec.  319.37-20. The notice published for comment will 
describe the documentation agreed upon by the Administrator and the NPPO 
of the exporting country and any additional restrictions to be imposed 
on the importation of the type of plants for planting.

(Approved by the Office of Management and Budget under control numbers 
0579-0142, 0579-0190, 0579-0285, and 0579-0319)



Sec.  319.37-7  Marking and identity.

    (a) Any consignment of plants for planting for importation, other 
than by mail at the time of importation, or offer for importation into 
the United States shall plainly and correctly bear on the outer 
container (if in a container) or the plants for planting (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 plants for planting;

[[Page 237]]

    (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 
required under Sec.  319.37-5.
    (b) Any consignment of plants for planting 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 the 
Plants for Planting Manual as approved to receive imported plants for 
planting, 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 plants for planting; and
    (4) Number of written permit authorizing the importation, if one was 
required under Sec.  319.37-5.
    (c) Any consignment of plants for planting 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 consignment.

(Approved by the Office of Management and Budget under control numbers 
0579-0190 and 0579-0319)



Sec.  319.37-8  Ports of entry: Approved ports, notification of
arrival, inspection, and refusal of entry.

    (a) Approved ports of entry. Any plants for planting required to be 
imported under a written permit in accordance with Sec.  319.37-5(a), if 
not precleared, must be imported or offered for importation only at a 
USDA plant inspection station, unless the Plants for Planting Manual 
indicates otherwise. Ports of entry through which plants for planting 
must pass through before arriving at these USDA plant inspection 
stations are listed in the Plants for Planting Manual. All other plants 
for planting may be imported or offered for importation at any Customs 
designated port of entry indicated in 19 CFR 101.3(b)(1). Exceptions may 
be listed in Sec.  330.104 of this chapter. Plants for planting that are 
required to be imported under a written permit that are also precleared 
in the country of export are not required to enter at an inspection 
station and may enter through any Customs port of entry. Exceptions may 
be listed in Sec.  330.104 of this chapter.
    (b) Notification upon arrival at the port of entry. Promptly upon 
arrival of any plants for planting 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.
    (c) Inspection and treatment. Any plants for planting 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 plants 
for planting were grown, and must undergo treatment in accordance with 
part 305 of this chapter if treatment is ordered by the inspector. Any 
plants for planting found upon inspection to contain or be contaminated 
with quarantine pests that cannot be eliminated by treatment will be 
denied entry at the first United States port of arrival and must be 
destroyed or shipped to a point outside the United States.
    (d) Disposition of plants for planting not in compliance with this 
subpart. The importer of any plants for planting 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, treat in 
accordance with part 305 of this chapter, or apply other safeguards to 
the plants for planting, as prescribed by an inspector, to prevent the 
introduction into the United States of quarantine 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 plants for planting, whether the plants for 
planting are a

[[Page 238]]

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 plants for planting.
    (e) Removal of plants for planting from port of first arrival. No 
person shall remove any plants for planting from the port of first 
arrival unless and until notice is given to the collector of customs by 
the inspector that the plants for planting has satisfied all 
requirements under this subpart.

(Approved by the Office of Management and Budget under control numbers 
0579-0190, 0579-0310, and 0579-0319)



Sec.  319.37-9  Treatment of plants for planting; 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.\2\ 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.
---------------------------------------------------------------------------

    \2\ Provisions relating to costs for other services of an inspector 
are contained in part 354 of this chapter.
---------------------------------------------------------------------------

    (b) Any treatment performed in the United States on plants for 
planting must be performed at the time of importation into the United 
States. Treatment 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 
part 305 of this chapter and in accordance with any treatment required 
by an inspector as an emergency measure in order to prevent the 
dissemination of any quarantine pests. 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, 
the plants for planting can be transported to such nongovernmental 
facility without the risk of introduction into the United States of 
quarantine pests.
    (c) Any treatment performed outside the United States must be 
monitored and certified by an APHIS inspector or an official from the 
NPPO of the exporting country. If monitored and certified by an official 
of the NPPO of the exporting country, then a phytosanitary certificate 
must be issued with the following declaration: ``The consignment of 
(fill in taxon) has been treated in accordance with 7 CFR part 305.'' 
During the entire interval between treatment and export, the consignment 
must be stored and handled in a manner that prevents any infestation by 
quarantine pests.

(Approved by the Office of Management and Budget under control number 
0579-0190)



Sec.  319.37-10  Growing media.

    (a) Any plants for planting 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), or 
(d) of this section.
    (b) Plants for planting from Canada may be imported in any growing 
medium, except as restricted in the Plants for Planting Manual. 
Restrictions on growing media for specific types of plants for planting 
imported from Canada will be added, changed, or removed in accordance 
with Sec.  319.37-20.
    (c) Certain types of plants for planting growing solely in certain 
growing media listed in the Plants for Planting Manual may be imported 
established in such growing media. The Administrator has determined that 
the importation of the specified types of plants for planting in these 
growing media does not pose a risk of introducing quarantine pests into 
the United States. If the Administrator determines that a new growing 
medium may

[[Page 239]]

be added to the list of growing media in which imported plants for 
planting may be established, or that a growing medium currently listed 
for such purposes is no longer suitable for establishment of imported 
plants for planting, APHIS will publish in the Federal Register a notice 
that announces our proposed determination and requests comment on the 
change. After the close of the comment period, APHIS will publish 
another notice informing the public of the Administrator's decision on 
the change to the list of growing media in which imported types of 
plants for planting may be established.
    (d) Certain types of plants for planting, as listed in the Plants 
for Planting Manual, may be imported when they are established in a 
growing medium approved by the Administrator and they are produced in 
accordance with additional requirements specified in the Plants for 
Planting Manual. Changes to the list of plants for planting that may be 
imported in growing media, and to the requirements for the importation 
of those types of plants for planting, will be made in accordance with 
Sec.  319.37-20.

(Approved by the Office of Management and Budget under control numbers 
0579-0190, 0579-0439, 0579-0454, 0579-0458, and 0579-0463)



Sec.  319.37-11  Packing and approved packing material.

    (a) Plants for planting for importation into the United States must 
not be packed in the same container as plants for planting whose 
importation into the United States is not authorized pending pest risk 
analysis in accordance with Sec.  319.37-4.
    (b) Any plants for planting 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 as designated in the Plants for Planting Manual); 
has not been used previously as packing material or otherwise; and is 
approved by the Administrator as not posing a risk of introducing 
quarantine pests. Approved packing materials are listed in the Plants 
for Planting Manual.
    (c) If the Administrator determines that a new packing material may 
be added to the list of packing materials, or that a packing material 
currently listed should no longer be approved, APHIS will publish in the 
Federal Register a notice that announces our proposed determination and 
requests comment on the change. After the close of the comment period, 
APHIS will publish another notice informing the public of the 
Administrator's decision on the change to the list of approved packing 
materials.

(Approved by the Office of Management and Budget under control number 
0579-0190)



Sec. Sec.  319.37-12--319.37-19  [Reserved]



Sec.  319.37-20  Restrictions on the importation of specific types 
of plants for planting.

    (a) Plant type-specific restrictions. In addition to the general 
restrictions in this subpart, the Administrator may impose additional 
restrictions on the importation of specific types of plants for planting 
necessary to effectively mitigate the risk of introducing quarantine 
pests into the United States through the importation of specific plants 
for planting. Additional restrictions may be placed on the importation 
of the entire plant or on certain plant parts. A list of the types of 
plants for planting whose importation is subject to additional 
restrictions, and the specific restrictions that apply to the 
importation of each type of plants for planting, may be found in the 
Plants for Planting Manual.
    (b) Basis for changing restrictions. The Administrator may determine 
that it is necessary to add, change, or remove restrictions on the 
importation of a specific type of plants for planting, based on the risk 
of introducing a quarantine pest through the importation of that type of 
plants for planting. The Administrator will make this determination 
based on the findings of a pest risk analysis or on other scientific 
evidence.
    (c) Process for adding, changing, or removing restrictions. 
Restrictions on the importation of a specific type of plants for 
planting beyond the general restrictions in Sec. Sec.  319.37-5 through 
319.37-11 will

[[Page 240]]

be changed through the following process:
    (1) Document describing restrictions. APHIS will publish in the 
Federal Register a notice that announces our proposed determination that 
it is necessary to add, change, or remove restrictions on the 
importation of a specific type of plants for planting. This notice will 
make available for public comment a document describing the restrictions 
that the Administrator has determined are necessary and how these 
restrictions will mitigate the risk of introducing quarantine pests into 
the United States.
    (2) Response to comments. APHIS will issue a second notice after the 
close of the public comment period on the notice described in paragraph 
(c)(1) of this section. This notice will inform the public of the 
specific restrictions, if any, that the Administrator has determined to 
be necessary in order to mitigate the risk of introducing quarantine 
pests into the United States through the importation of the type of 
plants for planting. In response to the public comments submitted, the 
Administrator may implement the restrictions described in the document 
made available by the initial notice, amend the restrictions in response 
to public comment, or determine that changes to the restrictions on the 
importation of the type of plants for planting are unnecessary.
    (d) Previously imposed restrictions on specific types of plants for 
planting. Types of plants for planting whose importation was subject to 
specific restrictions by specific regulation as of April 18, 2018, will 
continue to be subject to those restrictions, except as changed in 
accordance with the process specified in paragraph (c) of this section. 
The restrictions are found in the Plants for Planting Manual.



Sec.  319.37-21  Integrated pest risk management measures.

    If a type of plants for planting is a host of a quarantine pest or 
pests, APHIS may require the type of plants for planting to be produced 
in accordance with integrated pest risk management measures as a 
condition of importation. This section sets out a general framework for 
integrated pest risk management measures. When APHIS determines that 
integrated measures are necessary to mitigate risk, APHIS will use this 
framework to develop integrated pest risk management measures that 
mitigate the quarantine pest risks associated with that type of plants 
for planting through the process described in Sec.  319.37-20.
    (a) Responsibilities of the place of production. The place of 
production is responsible for identifying, developing, and implementing 
procedures that meet the requirements of both the NPPO of the exporting 
country and APHIS. Participants in the export program must be approved 
by the NPPO or its designee and APHIS. Approval will be conferred by the 
NPPO or its designee and APHIS after the participant meets the 
conditions required for integrated pest risk management. Approval will 
be withdrawn if the participant fails to meet the conditions at any 
time. All documentation required under paragraphs (a)(5) and (6) of this 
section will be maintained by the exporting place of production and made 
available to official representatives of the NPPO of the exporting 
country and APHIS upon request. The place of production must be open to 
necessary and reasonable audit, monitoring, and evaluation of compliance 
by the NPPO of the exporting country and APHIS. The management of the 
place of production will be responsible for complying with the 
integrated pest risk management measures. Management must specify the 
roles and responsibilities of its personnel to perform program 
activities. The place of production must notify the NPPO of the 
exporting country of deficiencies detected during internal audits. The 
NPPO of the exporting country will be responsible for ensuring that the 
place of production is in compliance with the integrated pest risk 
management measures.
    (1) Pest management program. The place of production must develop 
and implement an approved pest management program that contains ongoing 
pest monitoring and procedures for the exclusion and control of plant 
pests. The place of production must obtain material used to produce 
plants for planting from sources that are free of quarantine pests and 
that are approved

[[Page 241]]

by the NPPO of the exporting country and APHIS. All sources of plants 
for planting and the phytosanitary status of those plants must be well-
documented and the program for producing plants for planting carefully 
monitored.
    (2) Training. A training program approved by the NPPO of the 
exporting country and APHIS must be established, documented, and 
regularly conducted at the place of production. The training program 
must ensure that all those involved in the export program possess 
specific knowledge related to the relevant components of the program and 
a general understanding of its requirements.
    (3) Internal audits. The place of production must perform, or 
designate parties to perform internal audits that ensure that a plan 
approved and documented by APHIS and the NPPO of the exporting country 
is being followed and is achieving the appropriate level of pest 
management.
    (4) Traceability. The place of production must implement a procedure 
approved by APHIS and the NPPO of the exporting country or its designee 
that documents and identifies plants from propagation through harvest 
and sale to ensure that plants can be traced forward and back from the 
place of production. Depending on the nature of the quarantine pests, 
the system may need to account for:
    (i) The origin and pest status of mother stock;
    (ii) The year of propagation and the place of production of all 
plant parts that make up the plants for planting intended for export;
    (iii) Geographic location of the place of production;
    (iv) Location of plants for planting within the place of production;
    (v) The plant taxon; and
    (vi) The purchaser's identity.
    (5) Documentation of program procedures. The place of production 
must develop a manual approved by the NPPO of the exporting country and 
APHIS that guides the place of production's operation and that includes 
the following components:
    (i) Administrative procedures (including roles and responsibilities 
and training procedures);
    (ii) Pest management plan;
    (iii) Place of production internal audit procedures;
    (iv) Management of noncompliant product or procedures;
    (v) Traceability procedures; and
    (vi) Recordkeeping systems.
    (6) Records. A place of production must maintain records on its 
premises as specified by APHIS and the NPPO of the exporting country. 
These records must be made available to APHIS and the NPPO of the 
exporting country upon request. These documents include all the elements 
described in this paragraph (a) and copies of all internal and external 
audit documents and reports.
    (b) Responsibilities of APHIS and the NPPO of the exporting country. 
APHIS and the NPPO of the exporting country are responsible for 
collaborating to establish program requirements, including workplans and 
compliance agreements as necessary, for recognizing and implementing 
particular import programs. Technically justified modifications to the 
program may be negotiated. The administration of program requirements 
must include such elements as clarification of terminology, testing and 
retesting requirements, eligibility, the nomenclature of certification 
levels, horticultural management, isolation and sanitation requirements, 
inspection, documentation, identification and labeling, quality 
assurance, noncompliance and remedial measures, and postentry quarantine 
requirements. The criteria for approving, suspending, removing, and 
reinstating approval for a particular program should be jointly 
developed and agreed upon by APHIS and the NPPO of the exporting 
country. Information should be exchanged between APHIS and the NPPO of 
the exporting country through officially designated points of contact.
    (c) Responsibilities of the NPPO of the exporting country. (1) The 
NPPO of the exporting country must provide sufficient information to 
APHIS to support the evaluation and acceptance of export programs. This 
may include:
    (i) Specific identification of the commodity, place of production, 
and expected volume and frequency of consignments;

[[Page 242]]

    (ii) Relevant production, harvest, packing, handling, and transport 
details;
    (iii) Pests associated with the plant including prevalence, 
distribution, and damage potential;
    (iv) Risk management measures proposed for a pest management 
program; and
    (v) Relevant efficacy data.
    (2) A phytosanitary certificate should be issued by the NPPO of the 
exporting country unless APHIS and the NPPO of the exporting country 
agree to use other documentation in accordance with Sec.  319.37-6(c).
    (3) Other responsibilities of the NPPO of the exporting country 
include:
    (i) Establishing and maintaining compliance agreements as necessary;
    (ii) Oversight and enforcement of program provisions;
    (iii) Arrangements for monitoring and audit; and
    (iv) Maintaining appropriate records.
    (d) Responsibilities of plant brokers trading in plants for planting 
produced in accordance with integrated pest risk management measures. 
Plant brokers trading in plants for planting produced in accordance with 
integrated pest risk management measures must be approved by the NPPO of 
the exporting country or its designee. The list of plant brokers must be 
provided to APHIS upon request. Approval may only be conferred by the 
NPPO or its designee after the participant demonstrates that it can meet 
the requirements of this paragraph (d). Approval must be withdrawn if 
the participant fails to meet the conditions at any time. Plant brokers 
must ensure the traceability of export consignments to an approved place 
of production or production site. Brokers must maintain the 
phytosanitary status of the plants equivalent to an approved place of 
production from purchase, storage, and transportation to the export 
destination. Plant brokers must document these processes for verifying 
status and maintaining traceability.
    (e) External audits. APHIS and the NPPO of the exporting country 
will agree to the requirements for external audits.
    (1) APHIS audits. APHIS will evaluate the integrated pest risk 
management measures of the NPPO of the exporting country before 
acceptance. This could consist of documentation review, site visits, and 
inspection and testing of plants produced under the system. Following 
approval, APHIS or its designee will monitor and periodically audit the 
system to ensure that it continues to meet the stated objectives. Audits 
will include inspection of imported plants for planting, site visits, 
and review of the integrated pest risk management measures and internal 
audit processes of the place of production and the NPPO of the exporting 
country.
    (2) Audits by the NPPO of the exporting country. The NPPO must 
arrange for audits of the exporting system. Audits may be conducted by 
the NPPO or its designee and may consist of inspection and testing of 
plants for planting and the documentation and management practices as 
they relate to the program. Audits should verify that:
    (i) The places of production in the program are free of quarantine 
pests;
    (ii) Program participants are complying with the specified 
standards;
    (iii) The integrated pest management measures continue to meet APHIS 
requirements; and
    (iv) Arrangements with designees are complied with.
    (f) Noncompliance. (1) The exporting NPPO must notify APHIS of 
noncompliance within the integrity of the system or noncompliance by a 
place of production that affects the phytosanitary integrity of the 
commodity. The requirements for notification will be determined between 
the NPPO of the exporting country and APHIS.
    (2) Regulatory responses to program failures will be based on 
existing bilateral agreements. Contingency plans may be established in 
advance to ensure that alternative measures are available in the event 
that all or part of a program fails. APHIS will specify the consequences 
of noncompliance to the NPPO of the exporting country. The NPPO must 
specify the consequences of noncompliance to the participants in the 
program. These may vary depending on the nature and severity of the 
infraction. In addition, remedial measures should be specified to enable 
a suspended or decertified place

[[Page 243]]

of production or plant broker to become eligible for reinstatement or 
recertification.
    (3) Places of production or plant brokers that do not meet the 
conditions of the program must be suspended. Plants for planting must 
not be exported from a place of production or a plant broker that has 
failed to meet the program requirements.
    (4) The effectiveness of remedial measures taken must be verified 
before reinstatement to the program by the exporting NPPO and, where 
appropriate, by APHIS.

(Approved by the Office of Management and Budget under control number 
0579-0190)



Sec.  319.37-22  Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of plants for planting 
and APHIS services are to be funded by the NPPO of the exporting country 
or a private export group, then the NPPO or the private export group 
must enter into a trust fund agreement with APHIS that is in effect at 
the time APHIS' services are needed. Under the agreement, the NPPO of 
the exporting country or the private export group must pay in advance 
all estimated costs that APHIS expects to incur in providing inspection 
services in the exporting country. 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 services. 
The agreement must require the NPPO of the exporting country or region 
or a private export group to deposit a certified or cashier's check with 
APHIS for the amount of those costs, as estimated by APHIS. The 
agreement must further specify that, if the deposit is not sufficient to 
meet all costs incurred by APHIS, the NPPO of the exporting country or a 
private export group must deposit with APHIS, before the services will 
be completed, a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the NPPO of the exporting country or region or a private 
export group, or held on account.

(Approved by the Office of Management and Budget under control number 
0579-0190)



Sec.  319.37-23  Postentry quarantine.

    (a) Postentry quarantine. One specific restriction that may be 
placed upon the importation of a type of plants for planting in 
accordance with Sec.  319.37-20 is that it be grown in postentry 
quarantine. The Plants for Planting Manual lists the taxa required to be 
imported into postentry quarantine. Plants for planting grown in 
postentry quarantine 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 with APHIS in accordance with paragraph (b) of this 
section;
    (2) If an importer postentry quarantine growing agreement has been 
completed and submitted to Plant Protection and Quarantine in accordance 
with paragraph (c) of this section. The agreement must be signed by the 
person (the importer) applying for the importation of the plants for 
planting in accordance with Sec.  319.6; and,
    (3) If Plant Protection and Quarantine has determined that the 
completed postentry quarantine growing agreement fulfills the applicable 
requirements of this section and that services by State inspectors are 
available to monitor and enforce the postentry quarantine.
    (b) State postentry quarantine agreement. Plants for planting 
required to undergo postentry quarantine in accordance with Sec.  
319.37-20 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

[[Page 244]]

the State. A list of States that have entered into a postentry 
quarantine agreement in accordance with this paragraph can be found in 
the Plants for Planting Manual.
    (c) Importer postentry quarantine growing agreements. Any plants for 
planting required to be grown under postentry quarantine conditions, as 
well as any increase therefrom, shall be grown in accordance with an 
importer postentry quarantine growing agreement signed by the person 
(the importer) applying for a written permit in accordance with Sec.  
319.37-5 for importation of the plants for planting and submitted to 
Plant Protection and Quarantine. On each importer postentry quarantine 
growing agreement, the person shall also obtain the signature of the 
State Plant Regulatory Official for the State in which plants for 
planting covered by the agreement will be grown. The importer postentry 
quarantine growing agreement shall specify the kind, number, and origin 
of plants to be imported; the conditions specified in the Plants for 
Planting Manual under which the plants for planting will be grown, 
maintained, and labeled; and the reporting requirements in the case of 
abnormal or dead plants for planting. The agreement shall certify to 
APHIS and to the State in which the plants for planting are grown that 
the signer of the agreement will comply with the conditions of the 
agreement for the postentry quarantine growing period prescribed for the 
type of plants for planting in the Plants for Planting Manual.
    (d) Applications for permits. A completed importer postentry 
quarantine agreement shall accompany the application for a written 
permit for plants for planting required to be grown under postentry 
quarantine conditions. Importer postentry quarantine agreement forms are 
available without charge from the Animal and Plant Health Inspection 
Service, Plant Protection and Quarantine, Permit Unit, 4700 River Road, 
Unit 136, Riverdale, MD 20737-1236 or on the internet at http://
www.aphis.usda.gov/permits/ppq_epermits.shtml.
    (e) Inspector-ordered disposal, movement, or safeguarding of plants 
for planting; costs and charges, civil and criminal liabilities--(1) 
Growing at unauthorized sites. If an inspector determines that any 
plants for planting 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 plants for planting or 
the person who owns or is in possession of the site on which the plants 
for planting is being grown. The person named in the PPQ Form 523 must, 
within the time specified in PPQ 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 plants for planting, the increase therefrom, 
or any portion of the plants for planting or the increase therefrom, as 
prescribed by an inspector to prevent the introduction of quarantine 
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 quarantine pests associated with 
the type of plants for planting (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 
plants for planting, 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 quarantine 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 plants for planting and the increase

[[Page 245]]

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 plants for planting, the increase therefrom, or any 
portion of the plants for planting 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 
quarantine pests associated with the type of plants for planting 
(including increase therefrom), the types of other host materials for 
the pest in or near the growing site, the climate and season at the site 
in relation to the pest's survival, and the availability of treatment 
facilities.
    (3) Costs and charges. All costs pursuant to any action ordered by 
an inspector in accordance with this section shall be borne by the 
person who signed the postentry quarantine growing agreement covering 
the site where the plants for planting were grown, or if no such 
agreement was signed, by the owner of the plants for planting at the 
growing site.

(Approved by the Office of Management and Budget under control number 
0579-0190)



              Subpart_Logs, Lumber, and Other 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 is addressed to the plant protection service of the United 
States (Plant Protection and Quarantine Programs), 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.
    Controlled import permit. A written or electronically transmitted 
authorization issued by APHIS for the importation into the United States 
of otherwise prohibited or restricted plant material for experimental, 
therapeutic, or developmental purposes, under controlled conditions as 
prescribed by the Administrator in accordance with Sec.  319.6.
    Fines. Small particles or fragments of wood, slightly larger than 
sawdust, that result from chipping, sawing, or processing wood.
    Free from rot. No more than two percent by weight of the regulated 
articles in a lot show visual evidence of fructification of fungi or 
growth of other 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

[[Page 246]]

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, 
have received only primary processing, or contain parts that are either 
unprocessed or have received only primary processing and are not 
feasibly separable from the other parts of the article: 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; litter; and wooden 
handicrafts.
    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.
    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.

[[Page 247]]

    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).
    Wooden handicraft. A commodity class of articles derived or made 
from natural components of wood, twigs, and vines, and including bamboo 
poles and garden stakes. Handicrafts include the following products 
where wood is present: Carvings, baskets, boxes, bird houses, garden and 
lawn/patio furniture (rustic), potpourri, artificial trees (typically 
artificial ficus trees), trellis towers, garden fencing and edging, and 
other items composed of wood.

[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; 
72 FR 30467, June 1, 2007; 77 FR 12443, Mar. 1, 2012; 78 FR 25571, May 
2, 2013]



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 Subpart--Plants 
for Planting of this part or to regulated articles imported for human 
consumption that are allowed importation in accordance with Subpart--
Fruits and Vegetables of this part.
    (d) Regulated articles imported for experimental, therapeutic, or 
developmental purposes. Any regulated article may be imported without 
further restriction under this subpart if:
    (1) Imported for experimental, therapeutic, or developmental 
purposes under the conditions specified in a controlled import permit 
issued in accordance with Sec.  319.6;
    (2) Imported pursuant to a controlled import 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 controlled import 
permit and found by the Administrator to be adequate to prevent the 
introduction into the United States of plant pests.
    (e) Designation of additional regulated articles. An inspector may 
designate any article as a regulated article by giving written notice of 
the designation to the owner or person in possession or control of the 
article. APHIS will implement rulemaking to add articles designated as 
regulated articles to

[[Page 248]]

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; 72 FR 39501, July 18, 2007; 78 FR 
25571, May 2, 2013; 83 FR 11865, Mar. 19, 2018]



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.
    (C) Regulated articles of Fraxinus spp. (ash), which are subject to 
the requirements in Sec.  319.40-5(n).
    (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) The wood packaging material must have been treated in accordance 
with part 305 of this chapter.
    (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

[[Page 249]]

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 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; 
72 FR 30462, 30467, June 1, 2007; 75 FR 4251, Jan. 26, 2010]



Sec.  319.40-4  Application for a permit to import regulated articles;
issuance and withdrawal of permits.

    (a) Application procedure. An application for a permit must be 
obtained and

[[Page 250]]

submitted in accordance with Sec. Sec.  319.7 through 319.7-5.
    (b) Review of application and issuance of permit. After receipt and 
review of the application, APHIS shall determine whether it appears that 
the regulated article at the time of importation will meet either the 
specific importation requirements in Sec.  319.40-5 or the universal 
importation requirements in Sec.  319.40-6.
    (1) If it appears that the regulated article proposed for 
importation will meet the requirements of either Sec.  319.40-5 or Sec.  
319.40-6, a permit stating the applicable conditions for importation 
under this subpart shall be issued for the importation of the regulated 
article identified in the application.
    (2) If it appears that the regulated article proposed for 
importation will not meet the requirements of either Sec.  319.40-5 or 
Sec.  319.40-6 because these sections do not address the particular 
regulated article identified in the application, APHIS shall review the 
application by applying the plant pest risk assessment standards 
specified in Sec.  319.40-11.
    (i) If this review reveals that importation of the regulated article 
under a permit and subject to the inspection and other requirements in 
Sec.  319.40-9, but without any further conditions, will not result in 
the introduction of plant pests into the United States, a permit for 
importation of the regulated article shall be issued. The permit may 
only be issued in unique and unforeseen circumstances when the 
importation of the regulated article is not expected to recur.
    (ii) If this review reveals that the regulated article may be 
imported under conditions that would reduce the plant pest risk to an 
insignificant level, APHIS may implement rulemaking to add the 
additional conditions to this subpart, and after the regulations are 
effective, may issue a permit for importation of the regulated article.

(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; 79 FR 19810, Apr. 10, 2014; 81 FR 40150, June 
21, 2016]



Sec.  319.40-5  Importation and entry requirements for specified articles.

    (a) Bamboo timber. Bamboo timber consisting of whole culms or canes 
may be imported into Guam or the Northern Mariana Islands subject to 
inspection and other requirements of Sec.  319.40-9. Bamboo timber 
consisting of whole culms or canes that are completely dry as evidenced 
by lack of moisture in node tissue may be imported into any part of the 
United States subject to inspection and other requirements of Sec.  
319.40-9.
    (b) Monterey pine logs and lumber from Chile and New Zealand; 
Douglas-fir logs and lumber from New Zealand--(1) Logs--(i) Requirements 
prior to importation. Monterey or Radiata pine (Pinus radiata) logs from 
Chile or New Zealand and Douglas-fir (Pseudotsuga menziesii) logs from 
New Zealand that are accompanied by a certificate stating that the logs 
meet the requirements of paragraph (b)(1)(i) (A) through (D) of this 
section, and that are consigned to a facility in the United States that 
operates in accordance with Sec.  319.40-8, may be imported in 
accordance with paragraphs (b)(1)(i)(A) through (b)(1)(iii) of this 
section.
    (A) The logs must be from live healthy trees which are apparently 
free of plant pests, plant pest damage, and decay organisms.
    (B) The logs must be debarked in accordance with Sec.  319.40-7(b) 
prior to fumigation.
    (C) The logs and any regulated wood packaging material to be used 
with the logs during shipment to the United States must be fumigated in 
accordance with part 305 of this chapter 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,

[[Page 251]]

the other regulated articles either have been heat treated with moisture 
reduction in accordance with part 305 of this chapter, 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 part 305 of this chapter, or heat 
treated with moisture reduction in accordance with part 305 of this 
chapter.
    (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 part 305 of this chapter , heat treatment with moisture reduction 
in accordance with part 305 of this chapter , 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 part 305 of this chapter , heat treatment 
in accordance with part 305 of this chapter , or heat treatment with 
moisture reduction in accordance with part 305 of this chapter . 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 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 part 305 of this chapter 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 part 305 of this 
chapter or heat treated with moisture reduction in accordance with part 
305 of this chapter 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 part 305 of this chapter 
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

[[Page 252]]

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 part 305 of this chapter 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 part 305 of this 
chapter.
    (g) through (k) [Reserved]
    (l) Cross-ties (railroad ties) and pine and fir lumber from Mexican 
States adjacent to the United States/Mexico border. \1\ 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:
---------------------------------------------------------------------------

    \1\ 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 in accordance with part 305 of this chapter prior 
to arrival in the United States.
    (m) Regulated articles of pine (Pinus spp.) that are not completely 
free of bark from Canada--(1) Cut pine Christmas 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

[[Page 253]]

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 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

[[Page 254]]

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 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

[[Page 255]]

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 part 305. 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 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

[[Page 256]]

treated in accordance with 7 CFR part 305. 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 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.
    (n) Regulated articles of the genus Fraxinus from Canada. Except for 
articles prohibited under paragraph (n)(4) of this section, regulated 
articles of the genus Fraxinus (ash) from Canada may be imported in 
accordance with this paragraph (n) and subject to the certification 
requirements in Sec.  319.40-2(a) and the inspection and other 
requirements in Sec.  319.40-9. Articles being moved from counties or 
municipal regional counties in Canada not regulated for the emerald ash 
borer (EAB) may not transit an EAB-regulated area in Canada en route to 
the United States unless they are moving directly through the EAB-
regulated area without stopping (except for refueling or for traffic 
conditions, such as traffic lights or stop signs). If these articles are 
being moved through the regulated area between May 1 and August 31 or 
when the ambient air temperature is 40 [deg]F or higher, they must be in 
an enclosed vehicle or completely covered to prevent access by the 
emerald ash borer.
    (l) Firewood of all hardwood (non-coniferous) species, and ash logs 
and wood, including cants and stumps, that originate in a county or 
municipal regional county regulated for the emerald ash borer within a 
Province or Territory regulated by the Canadian Government for the 
emerald ash borer require a permit issued under Sec.  319.40-2(a) and 
must be accompanied by a certificate bearing an additional declaration 
that the articles in the shipment were:

[[Page 257]]

    (i) Debarked, and vascular cambium removed to a depth of 1.27 cm 
(\1/2\ inch) during the debarking process; or
    (ii) Heat treated in accordance with part 305 of this chapter. The 
phytosanitary certificate accompanying such articles must describe the 
treatment method employed.
    (2) Firewood of all hardwood (non-coniferous) species, and ash logs 
and wood, including cants and stumps, that originate in a county or 
municipal regional county not regulated for the emerald ash borer within 
a Province or Territory regulated for the emerald ash borer require a 
permit issued under Sec.  319.40-2(a) and must be accompanied by a 
certificate with an additional declaration stating that the articles in 
the shipment were produced/harvested in a county or municipal regional 
county where the emerald ash borer does not occur, based on official 
surveys.
    (3) Firewood of all hardwood (non-coniferous) species, and ash logs 
and wood, including cants and stumps, that originate in a Province or 
Territory that is not regulated for the emerald ash borer must be 
accompanied by an importer document that certifies that the article 
originated in a county or municipal regional county free of the emerald 
ash borer.
    (4) The importation of ash wood chips or bark chips larger than 1 
inch diameter in any two dimensions that originate in a county or 
municipal regional county regulated for the emerald ash borer within a 
Province or Territory regulated for the emerald ash borer is prohibited.
    (5) Ash wood chips or bark 1 inch or less in diameter that originate 
in an area regulated for the emerald ash borer within a Province or 
Territory regulated for the emerald ash borer must be accompanied by a 
permit issued under Sec.  319.40-2(a) and a phytosanitary certificate 
with an additional declaration stating that the wood or bark chips in 
the shipment were ground to 1 inch (2.54 cm) or less in diameter in any 
two dimensions.
    (6) Ash wood chips or bark chips that originate in a county or 
municipal regional county not regulated for the emerald ash borer within 
a Province or Territory regulated for the emerald ash borer must be 
accompanied by a permit issued under Sec.  319.40-2(a), and a valid 
certificate with an additional declaration stating that the articles in 
the shipment were produced/harvested in a county or municipal regional 
county where the emerald ash borer does not occur, based on official 
surveys.
    (7) Ash wood chips or bark chips that originate in a Province or 
Territory that is not regulated for the emerald ash borer must be 
accompanied by an importer document that certifies that the article 
originates in a Province or Territory free of the emerald ash borer.
    (o) Wooden handicrafts from China. Wooden handicrafts more than 1 
centimeter in diameter may be imported into the United States from China 
only in accordance with this paragraph and all other applicable 
provisions of this title. Wooden handicrafts less than 1 centimeter in 
diameter are exempt from the requirements of this paragraph, but are 
still subject to all other applicable provisions of this chapter.
    (1) Treatment. Wooden handicrafts must be treated in accordance with 
part 305 of this chapter.
    (2) Identification tag. All packages in which wooden handicrafts are 
shipped must be labeled with a merchandise tag containing the identity 
of the product manufacturer. The identification tag must be applied to 
each shipping package in China prior to exportation and remain attached 
to the shipping package until it reaches the location at which the 
wooden handicraft will be sold in the United States.

(Approved by the Office of Management and Budget under control numbers 
0579-0049, 0579-0257, 0579-0319, and 0579-0367)

[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; 72 FR 
30467, June 1, 2007; 75 FR 4251, Jan. 26, 2010; 77 FR 12443, Mar. 1, 
2012; 79 FR 19810, Apr. 10, 2014]



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 part 305 of this chapter. During the entire interval 
between treatment and export, the logs must be stored and

[[Page 258]]

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 part 305 of this chapter , or heat treated with moisture 
reduction in accordance with part 305 of this chapter , 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 part 305 of this chapter , or heat treated with moisture 
reduction in accordance with part 305 of this chapter . Lumber on the 
vessel's deck must be in a sealed container, unless it has been heat 
treated with moisture reduction in accordance with part 305 of this 
chapter
    (ii) If lumber has been heat treated in accordance with part 305 of 
this chapter , 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 part 305 of this chapter, 
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 part 305 of this 
chapter or heat treated with moisture reduction in accordance with part 
305 of this chapter , 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 part 305 of this chapter within 24 hours after the 
log was chipped and were retreated with a surface pesticide treatment in 
accordance with part 305 of this chapter 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

[[Page 259]]

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 part 305 of 
this chapter, heat treated in accordance with part 305 of this chapter , 
or heat treated with moisture reduction in accordance with part 305 of 
this chapter.
    (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 part 
305 of this chapter, heat treated in accordance with part 305 of this 
chapter, or heat treated with moisture reduction in accordance with part 
305 of this chapter.
    (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 part 305 of this 
chapter, heat treated with moisture reduction in accordance with part 
305 of this chapter, or otherwise processed in a manner that will 
destroy any plant pests associated with the wood chips or bark chips 
within 30 days of arrival at the facility. If the wood chips or bark 
chips are to be used for mulching or composting, they must first be 
fumigated in accordance with part 305 of this chapter , heat treated in 
accordance with part 305 of this chapter, or heat treated with moisture 
reduction in accordance with part 305 of this chapter.
    (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 part 305 of this chapter, heat treated in 
accordance with part 305 of

[[Page 260]]

this chapter, 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; 75 FR 4252, Jan. 26, 2010]



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) Treatments. Treatment of regulated articles under this subpart 
must be conducted in accordance with part 305 of this chapter.
    (d) 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; 75 FR 4252, 
Jan. 26, 2010]



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

[[Page 261]]

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 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; \2\ or,
---------------------------------------------------------------------------

    \2\ Certain regulated articles may also be subject to ``Subpart--
Fruits and Vegetables,'' or to the noxious weed regulations under part 
360 of this chapter, or to Endangered Species Act regulations under 
parts 355 and 356 of this chapter and 50 CFR parts 17 and 23.
---------------------------------------------------------------------------

    (ii) Has been inspected and the inspector requires reinspection, 
cleaning, or treatment of the regulated article at a place other than 
the port of first arrival.
    (b) Notice of arrival; visual examination of regulated articles at 
port of first arrival. (1) At least 7 days prior to the expected date of 
arrival in the United States of a shipment of regulated articles 
imported in accordance with this subpart, the permittee or his or her 
agent must notify the APHIS Officer in Charge at the port of arrival of 
the date of expected arrival. The address and telephone number of the 
APHIS Officer in Charge will be specified in any specific permit issued 
by APHIS \3\. This notice may be by any authorized method. 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.
---------------------------------------------------------------------------

    \3\ A list of APHIS Officers in Charge may be obtained from the 
Administrator, c/o Port Operations, Plant Protection and Quarantine, 
Animal and Plant Health Inspection Service, 4700 River Road, Riverdale, 
MD 20737.
---------------------------------------------------------------------------

    (2) Imported regulated articles which have been debarked in 
accordance with Sec.  319.40-7(b) and can be safely and practically 
inspected will be visually examined for plant pests by an inspector at 
the port of first arrival. If plant pests are found on or in the 
regulated articles or if the regulated article cannot be safely and 
practically inspected, the regulated articles must be treated in 
accordance with part 305 of this chapter.

[[Page 262]]

    (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; 72 FR 39501, July 
18, 2007; 79 FR 19810, Apr. 10, 2014; 81 FR 40150, June 21, 2016]



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. \4\ The inspector may require the importer to furnish any 
labor, chemicals, packing materials, or other supplies required in 
handling regulated articles under this subpart. APHIS will not be 
responsible for any costs or charges, other than those identified in 
this section.
---------------------------------------------------------------------------

    \4\ 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; 79 FR 19810, 
Apr. 10, 2014]



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

[[Page 263]]

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 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.

[[Page 264]]



       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) The Administrator may authorize the importation of articles 
otherwise prohibited under paragraph (b) of this section under 
conditions specified in a controlled import permit issued in accordance 
with Sec.  319.6.
    (d) The importation of plants (including any plant parts) of any of 
the taxa listed in paragraph (b) of this section that are for planting 
or capable of being planted is restricted under Subpart--Plants for 
Planting of this part.
    (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 66 FR 21056, Apr. 27, 2001; 
78 FR 25571, May 2, 2013; 83 FR 11865, Mar. 19, 2018]



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.  319.37-6(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.  319.56-3.

[24 FR 10788, Dec. 29, 1959, as amended at 72 FR 39501, July 18, 2007; 
83 FR 11865, Mar. 19, 2018]



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

[[Page 265]]

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 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.

    Persons contemplating the importation of any of the articles 
specified in Sec.  319.41-1(b) shall first make application

[[Page 266]]

to the Plant Protection and Quarantine Program for a permit in 
accordance with Sec. Sec.  319.7 through 319.7-5.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[79 FR 19810, Apr. 10, 2014]



Sec.  319.41-3  Issuance of permits.

    (a) On approval by the Administrator 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 Administrator 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 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; 78 FR 25571, May 2, 2013]



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 treatment in accordance with part 305 
of this chapter, 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 in accordance with part 305 of this 
chapter, the entire shipment may be refused entry.
    (b) When entry under sterilization or other treatment in accordance 
with part 305 of this chapter is permitted, the importation will be 
released to the permittee for such treatment, upon the

[[Page 267]]

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 in 
accordance with part 305 of this chapter under the provisions of the 
regulation in this subpart arrive at a port where facilities for such 
sterilization or other treatment in accordance with part 305 of this 
chapter 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 
in accordance with part 305 of this chapter 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 in accordance with 
part 305 of this chapter 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 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 in accordance 
with part 305 of this chapter or may refuse entry.

[24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4252, Jan. 26, 2010]



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 mature corn on the cob 
from the countries specified in Sec.  319.41-1(b)(2), and 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 in accordance 
with Sec. Sec.  319.7 through 319.7-5 and all conditions of the permit 
are met.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[79 FR 19810, Apr. 10, 2014]



                              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 fungal 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 rice straw and rice 
hulls; and
    (2) That the unrestricted importation of rice straw and rice hulls 
may result in the entry into the United States of the injurious plant 
diseases heretofore enumerated, as well as insect pests.

[[Page 268]]

    (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 restrict the importation of rice straw and rice hulls 
from all foreign locations, except as otherwise provided in this 
subpart.
    (c) The Administrator may authorize the importation of articles 
otherwise prohibited by this subpart under conditions specified in a 
controlled import permit issued in accordance with Sec.  319.6.
    (d) The importation of seed or paddy rice is restricted under 
Subpart--Plants for Planting of this part.
    (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 66 FR 21056, Apr. 27, 2001; 
78 FR 25571, May 2, 2013; 83 FR 11865, Mar. 19, 2018]



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.

    Application for a permit to import from any country rice straw or 
rice hulls may be made to the Plant Protection and Quarantine Programs 
in accordance with Sec. Sec.  319.7 through 319.7-5.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[79 FR 19811, Apr. 10, 2014, as amended at 83 FR 11865, Mar. 19, 2018]



Sec.  319.55-3  Ports of entry.

    (a) For importations of rice straw and rice hulls, 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.
    (b) Pending development of adequate treating facilities in Guam, 
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.
    (c) 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.

[79 FR 19811, Apr. 10, 2014, as amended at 83 FR 11865, Mar. 19, 2018]



Sec.  319.55-4  [Reserved]



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

[[Page 269]]

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) [Reserved]
    (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 in 
accordance with part 305 of this chapter 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 in accordance with part 
305 of this chapter, 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 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.
    (3) 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.
    (4) 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.

[24 FR 10788, Dec. 29, 1959, as amended at 75 FR 4252, Jan. 26, 2010; 83 
FR 11865, Mar. 19, 2018]



Sec.  319.55-7  Importations by mail.

    Importations of rice straw and rice hulls may be made by mail or 
cargo, provided that a permit has been issued for the importation in 
accordance with Sec. Sec.  319.7 through 319.7-5 and all conditions of 
the permit are met.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[83 FR 11865, Mar. 19, 2018]



                      Subpart_Fruits and Vegetables

    Source: 72 FR 39501, July 18, 2007, unless otherwise noted.



Sec.  319.56-1  Notice of quarantine.

    (a) Under section 412(a) of the Plant Protection Act, the Secretary 
of Agriculture may prohibit or restrict the importation and entry of any 
plant or plant product if the Secretary determines that the prohibition 
or restriction is necessary to prevent the introduction into the United 
States or the dissemination within the United States of a plant pest or 
noxious weed.
    (b) The Secretary has determined that it is necessary to prohibit 
the importation into the United States of fruits and vegetables and 
associated plants and portions of plants except as provided in this 
part.

[[Page 270]]



Sec.  319.56-2  Definitions.

    Administrator. The Administrator of the Animal and Plant Health 
Inspection Service, United States Department of Agriculture, or any 
other 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 consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for sale and distribution. 
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 packinghouse on the packaging, and documents 
consigning the fruits or vegetables to a wholesaler or retailer.
    Commodity. A type of plant, plant product, or other regulated 
article being moved for trade or other purpose.
    Consignment. A quantity of plants, plant products, and/or other 
articles, including fruits or vegetables, being moved from one country 
to another and covered, when required, by a single phytosanitary 
certificate (a consignment may be composed of one or more commodities or 
lots).
    Continental United States. The 48 contiguous States, Alaska, and the 
District of Columbia.
    Country of origin. Country where the plants from which the plant 
products are derived were grown.
    Frozen fruit or vegetable. Any variety of raw fruit or vegetable 
preserved by commercially acceptable freezing methods in such a way that 
the commodity remains at -6.7 [deg]C (20 [deg]F) or below for at least 
48 hours prior to release.
    Fruits and vegetables. A commodity class for fresh parts of plants 
intended for consumption or processing and not for planting.
    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.
    Lot. A number of units of a single commodity, identifiable by its 
homogeneity of composition and origin, forming all or part of a 
consignment.
    National plant protection organization (NPPO). Official service 
established by a government to discharge the functions specified by the 
International Plant Protection Convention.
    Noncommercial consignment. A lot of fruits or vegetables that an 
inspector identifies as having been imported for personal use and not 
for sale.
    Permit. A written, oral, or electronically transmitted authorization 
to import fruits or vegetables in accordance with this subpart.
    Phytosanitary certificate. A document, including electronic 
versions, that is related to a consignment and that:
    (1) Is patterned after the model certificate of the International 
Plant Protection Convention (IPPC), a multilateral convention on plant 
protection under the authority of the Food and Agriculture Organization 
of the United Nations (FAO);
    (2) Is issued by an official of a foreign national plant protection 
organization in one of the five official languages of the FAO;
    (3) Is addressed to the plant protection service of the United 
States (Animal and Plant Health Inspection Service);
    (4) Describes the consignment;
    (5) Certifies the place of origin for all contents of the 
consignment;
    (6) Certifies that the consignment has been inspected and/or tested 
according to appropriate official procedures and is considered to be 
free from quarantine pests of the United States;
    (7) Contains any additional declarations required by this subpart; 
and
    (8) Certifies that the consignment conforms with the phytosanitary 
requirements of the United States and is considered eligible for 
importation pursuant to the laws and regulations of the United States.
    Phytosanitary measure. Any legislation, regulation, or official 
procedure having the purpose to prevent the introduction and/or spread 
of quarantine pests, or to limit the economic impact of regulated non-
quarantine pests.
    Plant litter and debris. Discarded or decaying organic matter; 
detached

[[Page 271]]

leaves, twigs, or stems that do not add commercial value to the product.
    Port of first arrival. The first port within the United States where 
a consignment is offered for consumption entry or offered for entry for 
immediate transportation in bond.
    Portions of plants. Stalks or stems, including the pediculus, 
pedicel, peduncle, raceme, or panicle, that are normally attached to 
fruits or vegetables.
    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.
    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.

[72 FR 39501, July 18, 2007, as amended at 73 FR 10972, Feb. 29, 2008; 
80 FR 55018, Sept. 14, 2015; 83 FR 46638, Sept. 14, 2018]



Sec.  319.56-3  General requirements for all imported fruits and 
vegetables.

    All fruits and vegetables that are allowed importation under this 
subpart must be imported in accordance with the following requirements, 
except as specifically provided otherwise in this subpart.
    (a) Freedom from unauthorized plant parts. All fruits and vegetables 
imported under this subpart, whether in commercial or noncommercial 
consignments, must be free from plant litter or debris and free of any 
portions of plants that are specifically prohibited in the regulations 
in this subpart.
    (b) Permit. (1) All fruits and vegetables imported under this 
subpart, whether commercial or noncommercial consignments, must be 
imported under permit issued by APHIS, must be imported under the 
conditions specified in the permit, and must be imported in accordance 
with all applicable regulations in this part; except for:
    (i) Dried, cured, or processed fruits and vegetables (except frozen 
fruits and vegetables), including cured figs and dates, raisins, nuts, 
and dried beans and peas, except certain acorns and chestnuts subject to 
Sec.  319.56-11 of this subpart;
    (ii) Fruits and vegetables grown in Canada (except potatoes from 
Newfoundland and that portion of the Municipality of Central Saanich in 
the Province of British Columbia east of the West Saanich Road, which 
are prohibited importation into the United States); and
    (iii) Fruits and vegetables, except mangoes, grown in the British 
Virgin Islands that are imported into the U.S. Virgin Islands.
    (2) Persons contemplating the importation of any fruits or 
vegetables under this subpart must apply for a permit in accordance with 
Sec. Sec.  319.7 through 319.7-5.
    (c) Ports of entry. (1) Fruits and vegetables must be imported into 
specific ports if so required by this subpart or by part 305 of this 
chapter, or if so required by a permit issued in accordance with this 
section and with Sec. Sec.  319.7 through 319.7-5 for the importation of 
the particular fruit or vegetable. If a permit issued for the 
importation of fruits or vegetables names specific port(s) where the 
fruits or vegetables must be imported, the fruits and vegetables may 
only be imported into the port(s) named in the permit. If a permit 
issued for the importation of fruits or vegetables does not name 
specific port(s) where the fruits or vegetables must be imported, the 
fruits and vegetables may be imported into any port referenced in 
paragraph (c)(2) of this section.
    (2) Fruits and vegetables imported under this subpart may be 
imported into any port listed in 19 CFR 101.3(b)(1), except as otherwise 
provided by part 319 or by a permit issued in accordance with part 319, 
and except as provided in Sec.  330.104 of this chapter. Fruits and 
vegetables that are to be cold treated at ports in the United States may 
only be imported into specific ports as provided in part 305 of this 
chapter.
    (d) Inspection, treatment, and other requirements. All imported 
fruits or vegetables are subject to inspection, are subject to such 
disinfection at the port of first arrival as may be required by

[[Page 272]]

an inspector, and are subject to reinspection at other locations at the 
option of an inspector. If an inspector finds plants or portions of 
plants, or a plant pest or noxious weed, or evidence of a plant pest or 
noxious weed 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 or noxious weeds, the owner or agent of the 
owner of the fruit or vegetable must clean or treat the fruit or 
vegetable and its container as required by an inspector, and the fruit 
or vegetable is also subject to reinspection, cleaning, and treatment at 
the option of an inspector at any time and place until all applicable 
requirements of this subpart have been accomplished.
    (1) Notice of arrival; assembly for inspection. Any person importing 
fruits and vegetables into the United States must offer those 
agricultural products for inspection and entry at the port of first 
arrival. 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. 
All fruits and vegetables must be accurately disclosed and made 
available to an inspector for examination. The owner or the agent must 
provide an inspector with the name and address of the consignee and must 
make full disclosure of the type, quantity, and country and locality of 
origin of all fruits and vegetables in the consignment, either orally 
for noncommercial consignments or on an invoice or similar document for 
commercial consignments.
    (2) Refusal of entry. If an inspector finds that an imported fruit 
or vegetable is prohibited, or is not accompanied by required 
documentation, or is so infested with a plant pest or noxious weed that, 
in the judgment of the inspector, it cannot be cleaned or treated, or 
contains soil or other prohibited contaminants, the entire lot or 
consignment may be refused entry into the United States.
    (3) Release for movement. No person may move a fruit or vegetable 
from the port of first arrival unless an inspector has either:
    (i) Released it;
    (ii) Ordered treatment at the port of first arrival and, after 
treatment, released the fruit or vegetable;
    (iii) Authorized movement of the fruit or vegetable to another 
location for treatment, further inspection, or destruction; or
    (iv) Ordered the fruit or vegetable to be reexported.
    (4) Notice to owner of actions ordered by inspector. If an inspector 
orders any disinfection, cleaning, treatment, reexportation, recall, 
destruction, or other action with regard to imported fruits or 
vegetables while the consignment is in foreign commerce, the inspector 
will issue an emergency action notification (PPQ Form 523) to the owner 
of the fruits or vegetables or to the owner's agent. The owner must, 
within the time and in the manner specified in the PPQ Form 523, destroy 
the fruits and vegetables, ship them to a point outside the United 
States, move them to an authorized site, and/or apply treatments or 
other safeguards to the fruits and vegetables as prescribed to prevent 
the introduction of plant pests or noxious weeds into the United States.
    (e) Costs and charges. APHIS will be responsible only for the costs 
of providing the services of an inspector during regularly assigned 
hours of duty and at the usual places of duty. \1\ The owner of imported 
fruits or vegetables is responsible for all additional costs of 
inspection, treatment, movement, storage, destruction, or other measures 
ordered by an inspector under this subpart, including any labor, 
chemicals, packing materials, or other supplies required. APHIS will not 
be responsible for any costs or charges, other than those identified in 
this section.
---------------------------------------------------------------------------

    \1\ Provisions relating to costs for other services of an inspector 
are contained in part 354 of this chapter.
---------------------------------------------------------------------------

    (f) APHIS not responsible for damage. APHIS assumes no 
responsibility for any damage to fruits or vegetables that results from 
the application of treatments or other measures required under this 
subpart (or under part 305 of

[[Page 273]]

this chapter) to protect against the introduction of plant pests into 
---------------------------------------------------------------------------
the United States.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[72 FR 39501, July 18, 2007, as amended at 73 FR 10972, Feb. 29, 2008; 
75 FR 4252, Jan. 26, 2010; 79 FR 19811, Apr. 10, 2014]



Sec.  319.56-4  Authorization of certain fruits and vegetables
for importation.

    (a) Determination by the Administrator. No fruit or vegetable is 
authorized importation into the United States unless the Administrator 
has determined that the risk posed by each quarantine pest associated 
with the fruit or vegetable can be reasonably mitigated by the 
application of one or more phytosanitary measures designated by the 
Administrator and the fruit or vegetable is imported into the United 
States in accordance with, and as stipulated in, the permit issued by 
the Administrator.
    (b) Designated phytosanitary measures. (1) The fruits and vegetables 
are subject to phytosanitary treatments, which could include, but are 
not limited to, pest control treatments in the field or growing site, 
and post-harvest treatments.
    (2) The fruits and vegetables are subject to growing area pest 
mitigations, which could include, but are not limited to detection 
surveys, trapping requirements, pest exclusionary structures, and field 
inspections.
    (3) The fruits and vegetables are subject to safeguarding and 
movement mitigations, which could include, but are not limited to, 
safeguarded transport, box labeling, limited distribution, insect-proof 
boxes, and importation as commercial consignments only.
    (4) The fruits and vegetables are subject to administrative 
mitigations, which could include, but are not limited to, registered 
fields or orchards, registered growing sites, registered packinghouses, 
inspection in the country of origin by an inspector or an official of 
the national plant protection organization of the exporting country, and 
operational workplan monitoring.
    (5) The fruits and vegetables are subject to any other measures 
deemed appropriate by the Administrator.
    (c) Authorized fruits and vegetables--(1) Comprehensive list. The 
name and origin of all fruits and vegetables authorized importation 
under this section, as well as the applicable requirements for their 
importation, may be found on the internet at https://
epermits.aphis.usda.gov/manual.
    (2) Fruits and vegetables authorized importation prior to October 
15, 2018. Fruits and vegetables that were authorized importation under 
this subpart either directly by permit or by specific regulation as of 
October 15, 2018 may continue to be imported into the United States 
under the same requirements that applied before October 15, 2018, except 
as provided in paragraph (c)(4) of this section.
    (3) Other fruits and vegetables. Fruits and vegetables not already 
authorized for importation as described in paragraph (c)(2) of this 
section may be authorized importation only after:
    (i) APHIS has analyzed the pest risk posed by the importation of a 
fruit or vegetable from a specified foreign region and has determined 
that the risk posed by each quarantine pest associated with the fruit or 
vegetable can be reasonably mitigated by the application of one or more 
phytosanitary measures;
    (ii) APHIS has made its pest risk analysis and determination 
available for public comment for at least 60 days through a notice 
published in the Federal Register; and
    (iii) The Administrator has announced his or her decision in a 
subsequent Federal Register notice to authorize the importation of the 
fruit or vegetable subject to the phytosanitary measures specified in 
the notice.
    (4) Changes to phytosanitary measures. (i) If the Administrator 
determines that the phytosanitary measures required for a fruit or 
vegetable that has been authorized importation under this subpart are no 
longer sufficient to reasonably mitigate the pest risk posed by the 
fruit or vegetable, APHIS will prohibit or further restrict importation 
of the fruit or vegetable. APHIS will also publish a notice in the 
Federal Register advising the public of its finding. The notice will 
specify the amended importation requirements, provide an

[[Page 274]]

effective date for the change, and will invite public comment on the 
subject.
    (ii) If the Administrator determines that any of the phytosanitary 
measures required for a fruit or vegetable that has been authorized 
importation under this subpart are no longer necessary to reasonably 
mitigate the pest risk posed by the fruit or vegetable, APHIS will make 
new pest risk documentation available for public comment, in accordance 
with paragraph (c)(3) of this section, prior to allowing importation of 
the fruit or vegetable subject to the phytosanitary measures specified 
in the notice.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[83 FR 46638, Sept. 14, 2018]



Sec.  319.56-5  Pest-free areas.

    As provided elsewhere in this subpart, certain fruits and vegetables 
may be imported into the United States provided that the fruits or 
vegetables originate from an area that is free of a specific pest or 
pests. In some cases, fruits or vegetables may only be imported if the 
area of export is free of all quarantine pests that attack the fruit or 
vegetable. In other cases, fruits and vegetables may be imported if the 
area of export is free of one or more quarantine pests that attack the 
fruit or vegetable, and provided that the risk posed by the remaining 
quarantine pests that attack the fruit or vegetable is mitigated by 
other specific phytosanitary measures contained in the regulations in 
this subpart.
    (a) Application of international standard for pest free areas. APHIS 
requires that determinations of pest-free areas be made in accordance 
with the criteria for establishing freedom from pests found in 
International Standard for Phytosanitary Measures 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.
    (b) Survey protocols. APHIS must approve the survey protocol used to 
determine and maintain pest-free status, as well as protocols for 
actions to be performed upon detection of a pest. Pest-free areas are 
subject to audit by APHIS to verify their status.
    (c) Determination of pest freedom. (1) For an area to be considered 
free of a specified pest for the purposes of this subpart, the 
Administrator must determine, and announce in a notice or rule published 
in the Federal Register for 60 days public comment, that the area meets 
the criteria of paragraphs (a) and (b) of this section.
    (2) The Administrator will announce his or her decision in a 
subsequent Federal Register notice. If appropriate, APHIS would begin 
issuing permits for importation of the fruit or vegetable from a pest-
free area because:
    (i) No comments were received on the notice or
    (ii) The comments on the notice did not affect the overall 
conclusions of the notice and the Administrator's determination of risk.
    (d) Decertification of pest-free areas; reinstatement. If a pest is 
detected in an area that is designated as free of that pest, APHIS would 
publish in the Federal Register a notice announcing that the pest-free 
status of the area in question has been withdrawn, and that imports of 
host crops for the pest in question are subject to application of an 
approved treatment for the pest. If a treatment for the pest is not 
available, importation of the host crops would be prohibited. In order 
for a decertified pest-free area to be reinstated, it would have to meet 
the criteria of paragraphs (a) and (b) of this section.
    (e) General requirements for fruits and vegetables imported from 
pest-free areas. (1) Labeling. Each box of fruits or vegetables that is 
imported into the United States from a pest-free area under this subpart 
must be clearly labeled with:
    (i) The name of the orchard or grove of origin, or the name of the 
grower; and
    (ii) The name of the municipality and State in which the fruits or 
vegetables were produced; and
    (iii) The type and amount of fruit the box contains.

[[Page 275]]

    (2) Phytosanitary certificate. A phytosanitary certificate must 
accompany the imported fruits or vegetables, and must contain an 
additional declaration that the fruits originate from a pest-free area 
that meets the requirements of paragraphs (a) and (b) of this section.
    (3) Safeguarding. If fruits or vegetables are moved from a pest-free 
area into or through an area that is not free of that pest, the fruits 
or vegetables must be safeguarded during the time they are present in a 
non-pest-free area by being covered with insect-proof mesh screens or 
plastic tarpaulins, including while in transit to the packinghouse and 
while awaiting packaging. If fruits or vegetables are moved through an 
area that is not free of that pest during transit to a port, they must 
be packed in insect-proof cartons or containers or be covered by insect-
proof mesh or plastic tarpaulins during transit to the port and 
subsequent export to the United States. These safeguards described in 
this section must be intact upon arrival in the United States.

(Approved by the Office of Management and Budget under control numbers 
0579-0049, 0579-0316 and 0579-0293)



Sec.  319.56-6  Trust fund agreements.

    If APHIS personnel need to be physically present in an exporting 
country or region to facilitate the exportation of fruits or vegetables 
and APHIS services are to be funded by the national plant protection 
organization (NPPO) of the exporting country or a private export group, 
then the NPPO or the private export group must enter into a trust fund 
agreement with APHIS that is in effect at the time the fruits or 
vegetables are exported. Under the agreement, the NPPO of the exporting 
country or the private export group must pay in advance all estimated 
costs that APHIS expects to incur in providing inspection services in 
the exporting country. 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 services. The agreement must require the NPPO 
of the exporting country or region or a private export group to deposit 
a certified or cashier's check with APHIS for the amount of those costs, 
as estimated by APHIS. The agreement must further specify that, if the 
deposit is not sufficient to meet all costs incurred by APHIS, the NPPO 
of the exporting country or a private export group must deposit with 
APHIS, before the services will be completed, a certified or cashier's 
check for the amount of the remaining costs, as determined by APHIS. 
After a final audit at the conclusion of each shipping season, any 
overpayment of funds would be returned to the NPPO of the exporting 
country or region or a private export group, or held on account.



Sec.  319.56-7  Territorial applicability and exceptions.

    (a) The regulations in this subpart apply to importations of fruits 
and vegetables into any area of the United States, except as provided in 
this section.
    (b) Importations of fruits and vegetables into Guam. (1) The 
following fruits and vegetables may be imported into Guam without 
treatment, except as may be required under Sec.  319.56-3(d), and in 
accordance with all the requirements of this subpart as modified by this 
section:
    (i) All leafy vegetables and root crops from the Bonin Islands, 
Volcano Islands, and Ryukyu Islands.
    (ii) All fruits and vegetables from Palau and the Federated States 
of Micronesia (FSM), except Artocarpus spp. (breadfruit, jackfruit, and 
chempedak), citrus, curacao apple, guava, Malay or mountain apple 
(Syzygium spp.), mango, and papaya, and except dasheen from the Yap 
district of FSM and from Palau, and bitter melon (Momordica charantia) 
from Palau. The excepted products are approved for entry into Guam after 
treatment in accordance with part 305 of this chapter.
    (iii) Allium (without tops), 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

[[Page 276]]

greens, turnips, and watermelons from Japan and Korea.
    (iv) Leafy vegetables, celery, and potatoes from the Philippine 
Islands.
    (v) Carrots (without tops), celery, lettuce, peas, potatoes, and 
radishes (without tops) from Australia.
    (vi) 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, 
waterlily root, and yam bean root from Taiwan.
    (vii) Lettuce from Papua New Guinea.
    (viii) Carrots (without tops), celery, lettuce, loquats, onions, 
persimmons, potatoes, tomatoes, and stone fruits from New Zealand.
    (ix) Asparagus, carrots (without tops), celery, lettuce, and 
radishes (without tops) from Thailand.
    (x) Green corn on the cob.
    (xi) All other fruits and vegetables approved for entry into any 
other part or port of the United States, and except any which are 
specifically designated in this subpart as not approved.
    (2) An inspector in Guam may accept an oral application and issue an 
oral permit for products listed in paragraph (a) of this section, which 
is deemed to fulfill the requirements of Sec.  319.56-3(b) of this 
subpart. The inspector may waive the documentation required in Sec.  
319.56-3 for such products whenever the inspector finds that information 
available from other sources meets the requirements under this subpart 
for the information normally supplied by such documentation.
    (3) The provisions of Sec.  319.56-11 do not apply to chestnuts and 
acorns imported into Guam, which are enterable into Guam without permit 
or other restriction under this subpart. If chestnuts or acorns imported 
under this paragraph are found infected, infested, or contaminated with 
any plant pest and are not subject to disposal under this subpart, 
disposition may be made in accordance with Sec.  330.106 of this 
chapter.
    (4) 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 Sec.  319.56-3(a).
    (c) Importation of fruits and vegetables into the U.S. Virgin 
Islands. (1) Fruits and vegetables grown in the British Virgin Islands 
may be imported into the U.S. Virgin Islands in accordance with Sec.  
319.56-3, except that:
    (i) Such fruits and vegetables are exempt from the permit 
requirements of Sec.  319.56-3(b); and
    (ii) Mangoes grown in the British Virgin Islands are prohibited 
entry into the U.S. Virgin Islands.
    (2) Okra produced in the West Indies may be imported into the U.S. 
Virgin Islands without treatment but are subject to inspection at the 
port of arrival.

[72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010]



Sec. Sec.  319.56-8--319.56-9  [Reserved]



Sec.  319.56-10  Importation of fruits and vegetables from Canada.

    (a) General permit for fruits and vegetables grown in Canada. Fruits 
and vegetables grown in Canada and offered for entry into the United 
States will be subject to the inspection, treatment, and other 
requirements of Sec.  319.56-3(d), but may otherwise 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 national plant protection organization 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.  319.37-20.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control number 
0579-0316)

[72 FR 39501, July 18, 2007, as amended at 83 FR 11865, Mar. 19, 2018]

[[Page 277]]



Sec.  319.56-11  Importation of dried, cured, or processed fruits,
vegetables, nuts, and legumes.

    (a) 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, phytosanitary 
certificate, or other compliance with this subpart, except as 
specifically provided otherwise in this section or elsewhere in this 
part.
    (b) Acorns and chestnuts--(1) From countries other than Canada and 
Mexico; treatment required. Acorns and chestnuts intended for purposes 
other than propagation, except those grown in and shipped from Canada 
and Mexico, must be imported into the United States under permit, and 
subject to all the requirements of Sec.  319.56-3, and must be treated 
in accordance with part 305 of this chapter. \2\
---------------------------------------------------------------------------

    \2\ Acorns and chestnuts imported into Guam are subject to the 
requirements of Sec.  319.56-7(b).
---------------------------------------------------------------------------

    (2) From Canada and Mexico. Acorns and chestnuts grown in and 
shipped from Canada and Mexico for purposes other than propagation may 
be imported in accordance with paragraph (a) of this section.
    (3) For propagation. Acorns and chestnuts from any country may be 
imported for propagation only in accordance with the applicable 
requirements in Sec. Sec.  319.37-1 through 319.37-23.
    (c) Macadamia nuts. Macadamia nuts in the husk or shell are 
prohibited importation into the United States unless the macadamia nuts 
were produced in, and imported from, St. Eustatius.

[72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010; 83 
FR 11866, Mar. 19, 2018]



Sec.  319.56-12  Importation of frozen fruits and vegetables.

    Frozen fruits and vegetables may be imported into the United States 
in accordance with Sec.  319.56-3. Such fruits and vegetables must be 
held in accordance with the requirements for importing frozen fruits and 
vegetables in part 305 of this chapter..

[72 FR 39501, July 18, 2007, as amended at 75 FR 4252, Jan. 26, 2010]



                         Subpart_Wheat Diseases

    Source: 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.
    Controlled import permit. A written or electronically transmitted 
authorization issued by APHIS for the importation into the United States 
of otherwise prohibited or restricted plant material for experimental, 
therapeutic, or developmental purposes, under controlled conditions as 
prescribed by the Administrator in accordance with Sec.  319.6.
    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 and not for planting.
    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.

[[Page 278]]

    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, 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; 78 
FR 25571, May 2, 2013; 83 FR 11866, Mar. 19, 2018]



Sec.  319.59-2  General import prohibitions; exceptions.

    (a) [Reserved]
    (b) 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 for experimental, therapeutic, or 
developmental purposes under a controlled import permit issued in 
accordance with Sec.  319.6 if:
    (1) Imported at the National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Center East, Beltsville, MD 20705, 
or through any USDA plant inspection station listed in accordance with 
Sec.  319.37-8(a);
    (2) Imported pursuant to a controlled import permit issued for such 
article and kept on file at the National Plant Germplasm Inspction 
Station;
    (3) Imported under conditions of treatment, processing, growing, 
shipment, or disposal specified on the controlled import 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 controlled import 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 controlled import permit number corresponding to the 
number of the controlled import permit issued for such article.
    (c) The importation of any host crops (including seed and any other 
plant parts) that are for planting or capable of being planted is 
restricted under Subpart--Plants for Planting of this part.

[70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005; 72 
FR 43523, Aug. 6, 2007; 78 FR 25571, May 2, 2013; 83 FR 11866, Mar. 19, 
2018]



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.
---------------------------------------------------------------------------

    \1\ Requests should be submitted in writing to Phytosanitary Issues 
Management, PPQ, APHIS, 4700 River Road, Unit 140, Riverdale, MD 20737-
1236.
---------------------------------------------------------------------------

    (a) The following articles of Triticum spp. (wheat) or of Aegilops 
spp. (barb goatgrass, goatgrass): 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.
    (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

[[Page 279]]

Korea, Ukraine, Uzbekistan, and Venezuela.

[70 FR 8231, Feb. 18, 2005, as amended at 70 FR 71212, Nov. 28, 2005; 83 
FR 11866, Mar. 19, 2018]



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 through the 
presence of bunted kernels;
    (2) Plant parts, including grain, 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.

[[Page 280]]

    (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 (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 in accordance with part 305 of this chapter.

(Approved by the Office of Management and Budget under control number 
0579-0240)

[70 FR 8231, Feb. 18, 2005, as amended at 75 FR 4253, Jan. 26, 2010; 83 
FR 11866, Mar. 19, 2018]



                        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 in this subpart:
    (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) The importation of plants and plant products that are prohibited 
or restricted under paragraphs (a) and (b) of this section may be 
authorized for experimental, therapeutic, or developmental purposes 
under conditions specified in a controlled import permit issued in 
accordance with Sec.  319.6.
    (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,

[[Page 281]]

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; 78 FR 25571, May 2, 2013]



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.  319.37-11.

[24 FR 10788, Dec. 29, 1959, as amended at 60 FR 27682, May 25, 1995; 62 
FR 65009, Dec. 10, 1997; 83 FR 11866, Mar. 19, 2018]

                          Rules and Regulations



Sec.  319.69-1  Definitions.

    (a) Packing materials. The expression ``packing material'', as used 
in Sec.  319.69, includes any of the plants or plant products 
enumerated, when these are associated with or accompany any commodity or 
shipment to serve for filling, wrapping, ties, lining, mats, moisture 
retention, protection, or for any other purpose; and the word 
``packing'', as used in the expression ``packing materials'', shall 
include the presence of such materials within, in contact with, or 
accompanying such commodity or shipment. \1\
---------------------------------------------------------------------------

    \1\ Since it is the packing materials themselves which constitute 
the danger and not the manner of use, it is intended that the definition 
shall include their presence within or accompanying a shipment 
regardless of their function or relation to a shipment or the character 
of the shipment.
---------------------------------------------------------------------------

    (b) Soil containing vegetable matter. Soil containing an appreciable 
admixture of vegetable matter, here brought under quarantine only 
because its content of decaying vegetation or plant remains carries a 
definite pest risk, is to be distinguished from soil of purely mineral 
or earthy composition, which is not covered by this quarantine.
    (c) Inspector. An inspector of the U.S. Department of Agriculture.



Sec.  319.69-2  Freedom from pests.

    All packing materials allowed entry under restriction shall be free 
from injurious insects and plant diseases.



Sec.  319.69-3  Entry inspection.

    All packing materials shall be subject to inspection at time of 
entry.



Sec.  319.69-4  Disposition of materials found in violation.

    If the inspector shall find packing materials associated with or 
accompanying any commodity or shipment being imported, or to have been 
imported, in violation of Sec.  319.69 or of the regulations in this 
subpart or shall find them infested or infected with injurious insects 
or plant diseases, the inspector may refuse entry to the shipment, or 
the inspector may seize and destroy or otherwise dispose of such 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.

[[Page 282]]



                             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 
intended for processing.

[63 FR 65650, Nov. 30, 1998, as amended at 83 FR 11866, Mar. 19, 2018]



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 leaves; and
    (3) Empty sacks previously used for unroasted coffee.
    (b) The importation of any coffee plants (including bare seeds, 
seeds in pulp, and any other plant parts) that are for planting or 
capable of being planted is restricted under Subpart--Plants for 
Planting of this part.

[63 FR 65650, Nov. 30, 1998, as amended at 83 FR 11866, Mar. 19, 2018]



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, 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

[[Page 283]]

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.
    Controlled import permit. A written or electronically transmitted 
authorization issued by APHIS for the importation into the United States 
of otherwise prohibited or restricted plant material for experimental, 
therapeutic, or developmental purposes, under controlled conditions as 
prescribed by the Administrator in accordance with Sec.  319.6.
    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 and not for planting. 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.

[64 FR 38110, July 15, 1999, as amended at 78 FR 25571, May 2, 2013; 83 
FR 11866, Mar. 19, 2018]



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. 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 part 305 of this 
chapter, with the following exceptions:
    (1) Fumigation will not be required for cut flowers imported from 
Canada (including Labrador and Newfoundland)

[[Page 284]]

or Mexico because of the finding of agromyzids.
    (2) 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).
    (d) Chrysanthemum white rust hosts. (1) The following Chrysanthemum, 
Leucanthemella, and Nipponanthemum spp. are considered to be hosts of 
chrysanthemum white rust:

------------------------------------------------------------------------
  Accepted name of susceptible
             species                   Synonyms           Common name
------------------------------------------------------------------------
Chrysanthemum arcticum L........  Arctanthemum        Arctic
                                   arcticum (L.)       chrysanthemum and
                                   Tzvelev and         arctic daisy.
                                   Dendranthema
                                   arcticum (L.)
                                   Tzvelev.
Chrysanthemum boreale (Makino)    Chrysanthemum
 Makino.                           indicum L. var.
                                   boreale Makino
                                   and Dendranthema
                                   boreale (Makino)
                                   Ling ex Kitam.
Chrysanthemum indicum L.........  Dendranthema
                                   indicum (L.) Des
                                   Moul.
Chrysanthemum japonense Nakai...  Dendranthema        Nojigiku.
                                   japonense (Nakai)
                                   Kitam. and
                                   Dendranthema
                                   occidentali-
                                   japonense Kitam.
Chrysanthemum japonicum Makino..  Chrysanthemum       Ryuno-giku.
                                   makinoi Matsum. &
                                   Nakai and
                                   Dendranthema
                                   japonicum
                                   (Makino) Kitam.
Chrysanthemum x morifolium Ramat  Anthemis            Florist's
                                   grandiflorum        chrysanthemum,
                                   Ramat., Anthemis    chrysanthemum,
                                   stipulacea          and mum.
                                   Moench,
                                   Chrysanthemum
                                   sinense Sabine ex
                                   Sweet,
                                   Chrysanthemum
                                   stipulaceum
                                   (Moench) W.
                                   Wight,
                                   Dendranthema x
                                   grandiflorum
                                   (Ramat.) Kitam.,
                                   Dendranthema x
                                   morifolium
                                   (Ramat.) Tzvelev,
                                   and Matricaria
                                   morifolia Ramat.
Chrysanthemum pacificum Nakai...  Ajania pacifica     Iso-giku.
                                   (Nakai) K. Bremer
                                   & Humphries and
                                   Dendranthema
                                   pacificum (Nakai)
                                   Kitam.
Chrysanthemum shiwogiku Kitam...  Ajania shiwogiku    Shio-giku.
                                   (Kitam.) K.
                                   Bremer &
                                   Humphries and
                                   Dendranthema
                                   shiwogiku
                                   (Kitam.) Kitam.
Chrysanthemum yoshinaganthum      Dendranthema
 Makino ex Kitam.                  yoshinaganthum
                                   (Makino ex
                                   Kitam.) Kitam.
Chrysanthemum zawadskii Herbich   Chrysanthemum
 subsp. yezoense (Maek.) Y. N.     arcticum subsp.
 Lee.                              maekawanum Kitam,
                                   Chrysanthemum
                                   arcticum var.
                                   yezoense Maek.
                                   [basionym],
                                   Chrysanthemum
                                   yezoense Maek.
                                   [basionym],
                                   Dendranthema
                                   yezoense (F.
                                   Maek.) D. J. N.
                                   Hind, and
                                   Leucanthemum
                                   yezoense (Maek.)
                                   [aacute].
                                   L[ouml]ve & D.
                                   L[ouml]ve.
Chrysanthemum zawadskii Herbich   Chrysanthemum
 subsp. zawadskii.                 sibiricum Turcz.
                                   ex DC., nom.
                                   inval.,
                                   Dendranthema
                                   zawadskii
                                   (Herbich)
                                   Tzvelev, and
                                   Dendranthema
                                   zawadskii var.
                                   zawadskii.
Leucanthemella serotina (L.)      Chrysanthemum       Giant daisy or
 Tzvelev.                          serotinum L.,       high daisy.
                                   Chrysanthemum
                                   uliginosum
                                   (Waldst. & Kit.
                                   ex Willd.) Pers.,
                                   and Pyrethrum
                                   uliginosum
                                   (Waldst. & Kit.
                                   ex Willd.).
Nipponanthemum nipponicum         Chrysanthemum       Nippon daisy or
 (Franch. ex Maxim.) Kitam.        nipponicum          Nippon-
                                   (Franch. ex         chrysanthemum.
                                   Maxim.) Matsum.
                                   and Leucanthemum
                                   nipponicum
                                   Franch. ex Maxim.
------------------------------------------------------------------------

    (2) Chrysanthemum white rust is considered to exist in the following 
regions: Andorra, Argentina, Australia, Belarus, Bosnia and Herzegovina, 
Brazil, Brunei, Canary Islands, Chile, China, Colombia, Croatia, 
Ecuador, Iceland, Japan, Korea, Liechtenstein, Macedonia, Malaysia, 
Mexico, Moldova, Monaco, New Zealand, Norway, Peru, Republic of South 
Africa, Russia, San Marino, Switzerland, Taiwan, Thailand, Tunisia, 
Ukraine, Uruguay, Venezuela, Yugoslavia; the European Union (Austria, 
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, 
Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, 
Slovenia, Spain, Sweden, and United Kingdom); and all countries, 
territories, and possessions of countries located in part or entirely 
between 90[deg] and 180[deg] East longitude.
    (3) Cut flowers of any species listed in paragraph (d)(1) of this 
section may be imported into the United States from any region listed in 
paragraph (d)(2) of this section only under the following conditions:
    (i) The flowers must be grown in a production site that is 
registered with the national plant protection organization (NPPO) of the 
country in which

[[Page 285]]

the production site is located or with the NPPO's designee, and the NPPO 
or its designee must provide a list of registered sites to APHIS.
    (ii) Each shipment of cut flowers must be accompanied by a 
phytosanitary certificate or equivalent documentation, issued by the 
NPPO of the country of origin or its designee, that contains an 
additional declaration stating that the place of production as well as 
the consignment have been inspected and found free of Puccinia horiana.
    (iii) Box labels and other documents accompanying shipments of cut 
flowers must be marked with the identity of the registered production 
site.
    (iv) APHIS-authorized inspectors must also be allowed access to 
production sites and other areas necessary to monitor the chrysanthemum 
white rust-free status of the production sites.
    (4) Cut flowers not meeting these conditions will be refused entry 
into the United States. The detection of chrysanthemum white rust in a 
shipment of cut flowers from a registered production site upon arrival 
in the United States will result in the prohibition of imports 
originating from the production site until such time when APHIS and the 
NPPO of the exporting country, can agree that the eradication measures 
taken have been effective and that the pest risk within the production 
site has been eliminated.
    (e) 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 for which irradiation is an approved treatment 
under part 305 of this chapter may instead be treated with irradiation. 
Irradiation treatment must be conducted in accordance with the 
requirements of part 305 of this chapter. There is a possibility that 
some cut flowers could be damaged by such irradiation.
    (f) 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.

(Approved by the Office of Management and Budget under control number 
0579-0271)

[64 FR 38110, July 15, 1999, as amended at 71 FR 4464, Jan. 27, 2006; 72 
FR 15811, Apr. 3, 2007; 75 FR 4253, Jan. 26, 2010]



Sec.  319.74-3  Importations for experimental or similar purposes.

    Cut flowers may be imported for experimental, therapeutic, or 
developmental purposes under conditions specified in a controlled import 
permit issued in accordance with Sec.  319.6.

[78 FR 25571, May 2, 2013]



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 regulated 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 regulated 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

[[Page 286]]

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 regulated article may be imported without complying with other 
restrictions under this subpart if:
    (1) Imported for experimental, therapeutic, or developmental 
purposes under the conditions specified in a controlled import permit 
issued in accordance with Sec.  319.6;
    (2) Imported at the National Plant Germplasm Inspection Station, 
Building 580, Beltsville Agricultural Research Center East, Beltsville, 
MD 20705, or through any USDA plant inspection station listed in Sec.  
319.37-8(a); and
    (3) Imported with a controlled import 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 controlled import permit number corresponding to the 
number of the controlled import 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; 72 FR 43523, Aug. 6, 2007; 78 FR 25572, May 2, 
2013; 79 FR 19811, Apr. 10, 2014; 83 FR 11866, Mar. 19, 2018]



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:
    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.
    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 individual authorized by the Administrator or the 
Commissioner of U.S. Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this subpart.
    Person. Any individual, corporation, company, society, association 
or other organized group.
    Phytosanitary certificate of inspection. A document relating to a 
regulated article, which is issued by a plant protection official of the 
country in which the regulated article was grown, which is issued not 
more than 15 days prior to shipment of the regulated 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 regulated article intended to be imported 
into the United States, which certifies that the article has been 
thoroughly inspected, is believed to be free from injurious plant 
diseases, injurious insect pests, and other plant pests, and is 
otherwise believed to be eligible for importation pursuant to the 
current phytosanitary laws and regulations of the United States.
    Plant gum. Any of numerous colloidal polysaccharide substances of 
plant origin that are gelatinous when moist but harden on drying. Plant 
gums include but are not limited to acacia gum, guar gum, gum arabic, 
locust gum and tragacanth gum.
    Plant pest. The egg, pupal, and larval stages as well as any other 
living stage of any insects, mites, nematodes, slugs, snails, protozoa, 
or other invertebrate animals, bacteria, fungi, other parasitic plants 
or reproductive parts thereof, viruses, or any organisms similar to or 
allied with any of the foregoing, or any infectious substances, which 
can directly or indirectly injure or cause disease or damage in any 
plants or parts thereof, or any processed, manufactured, or other 
products of plants.
    Plant Protection and Quarantine. The organizational unit within the 
Animal

[[Page 287]]

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; 78 FR 25572, May 2, 2013; 19811, Apr. 10, 2014; 79 FR 
77841, Dec. 29, 2014; 83 FR 11866, Mar. 19, 2018]



Sec.  319.75-2  Regulated articles. \1\
---------------------------------------------------------------------------

    \1\ The importation of restricted articles may be subject to 
prohibitions or restrictions under other provisions of 7 CFR part 319. 
For example, fresh whole chilies (Capsicum spp.) and fresh whole red 
peppers (Capsicum spp.) from Pakistan are prohibited from being imported 
into the United States under the provisions of Subpart--Fruits and 
Vegetables of this part, and the importation of any restricted articles 
that are for planting or capable of being planted is restricted under 
Subpart--Plants for Planting of this part.
---------------------------------------------------------------------------

    (a) The following articles are regulated articles from all countries 
designated in accordance with paragraph (c) of this section as infested 
with khapra beetle and are subject to mandatory treatment in accordance 
with Sec.  319.75-4:
    (1) Seeds of the plant family Cucurbitaceae \2\ if in shipments 
greater than 2 ounces, if not for propagation;
---------------------------------------------------------------------------

    \2\ Seeds of the plant family Cucurbitaceae include but are not 
limited to: Benincasa hispida (wax gourd), Citrullus lanatus 
(watermelon), Cucumis melo (muskmelon, cantaloupe, honeydew), Cucumis 
sativus (cucumber), Cucurbita pepo (pumpkin, squashes, vegetable 
marrow), Lagenaria siceraria (calabash, gourd), Luffa cylindrica 
(dishcloth gourd), Mormordica charantia (bitter melon), and Sechium 
edule (chayote).
---------------------------------------------------------------------------

    (2) Goatskins, lambskins, and sheepskins (excluding goatskins, 
lambskins, and sheepskins which are fully tanned, blue-chromed, pickled 
in mineral acid, or salted and moist);
    (3) Plant gums and plant gum seeds shipped as bulk cargo (in an 
unpackaged state);
    (4) Used jute or burlap bagging not containing cargo;
    (5) Used jute or burlap bagging 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; and
    (6) Whole chilies (Capsicum spp.), whole red peppers (Capsicum 
spp.), and cumin seeds (Cuminum cyminum) when packed in new jute or 
burlap bagging;
    (b) The following articles are regulated articles from all countries 
designated in accordance with paragraph (c) of this section as infested 
with khapra beetle or that have the potential to be infested with khapra 
beetle and are prohibited entry into the United States in passenger 
baggage and personal effects. Commercial shipments must be accompanied 
by a phytosanitary certificate issued in accordance with Sec.  319.75-9 
and containing an additional declaration stating: ``The shipment was 
inspected and found free of khapra beetle (Trogoderma granarium).''
    (1) Rice (Oryza sativa); and
    (2) Chick peas (Cicer spp.), safflower seeds (Carthamus tinctorius), 
and soybeans (Glycine max).
    (c) The Administrator will designate a country or an area under a 
specific jurisdictional authority as infested with khapra beetle when we 
receive official notification from the country or area that it is 
infested or when we intercept the pest in a commercial shipment from 
that country. The Administrator will publish the list of countries or 
areas under a specific jurisdictional authority found to be infested 
with khapra beetle on the Plant Protection and Quarantine Web site, 
http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/
kb.pdf. After a change is made to the list of infested countries or 
areas, we will publish a notice in the Federal Register

[[Page 288]]

informing the public that the change has occurred.

[79 FR 77841, Dec. 29, 2014, as amended at 80 FR 43010, July 21, 2015; 
83 FR 11866, Mar. 19, 2018]



Sec.  319.75-3  Permits.

    A regulated article may be imported only after issuance of a written 
permit or oral authorization by the Plant Protection and Quarantine 
Programs in accordance with Sec. Sec.  319.7 through 319.7-5.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[79 FR 19811, Apr. 10, 2014]



Sec.  319.75-4  Treatments.

    Prior to moving into the United States from the port of entry, a 
regulated article listed in Sec.  319.75-2(a) shall be treated for 
possible infestation with khapra beetle in accordance with part 305 of 
this chapter.

[79 FR 77841, Dec. 29, 2014]



Sec.  319.75-5  Marking and identity.

    (a) Any regulated article at the time of importation shall plainly 
and correctly bear on the outer container (if in a container) or on the 
regulated 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 regulated 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; 79 FR 19811, Apr. 10, 2014]



Sec.  319.75-6  Arrival notification.

    Promptly upon arrival of any regulated article at a port of entry, 
the importer shall notify Plant Protection and Quarantine of the arrival 
by such means as a manifest, Customs entry document, commercial invoice, 
waybill, a broker's document, or a notice form provided for that 
purpose.

(Approved by the Office of Management and Budget under control number 
0579-0049)

[46 FR 38334, July 27, 1981, as amended at 48 FR 57466, Dec. 30, 1983; 
79 FR 19811, Apr. 10, 2014]



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. \4\ 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 regulated 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.
---------------------------------------------------------------------------

    \4\ Provisions relating to costs for other services of an inspector 
are contained in 7 CFR part 354.

---------------------------------------------------------------------------
[46 FR 38334, July 27, 1981, as amended at 79 FR 19811, Apr. 10, 2014]



Sec.  319.75-8  Ports of entry.

    Any regulated article shall be imported only at a Customs designated 
port of entry indicated in 19 CFR 101.3(b)(1) and found by the 
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 regulated 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, as amended at 72 FR 43523, Aug. 6, 2007; 78 
FR 25572, May 2, 2013;79 FR 19811, Apr. 10, 2014; 83 FR 11866, Mar. 19, 
2018]



Sec.  319.75-9  Inspection and phytosanitary certificate of inspection.

    (a) Any fruit, vegetable, or other plant product designated as a 
regulated

[[Page 289]]

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 fruit, vegetable, seed, or other plant product designated as 
a regulated 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 fruit, vegetable, seed, or other plant product designated as 
a regulated 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, as amended at 79 FR 19811, Apr. 10, 2014; 83 
FR 11866, Mar. 19, 2018]



              Subpart_Gypsy Moth Host Material from Canada

    Source: 64 FR 45866, Aug. 23, 1999, unless otherwise noted.



Sec.  319.77-1  Definitions.

    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the U.S. Department of Agriculture.
    Canadian infested area. Any area of Canada listed as a gypsy moth 
infested area in Sec.  319.77-3 of this subpart.
    Canadian noninfested area. Any area of Canada that is not listed as 
a gypsy moth infested area in Sec.  319.77-3 of this subpart.
    Certification of origin. A signed, accurate statement certifying the 
area in which a regulated article was produced or grown. The statement 
may be provided directly on the shipping documents accompanying 
shipments of commercial wood products from Canada, or may be provided on 
a separate certificate.
    Gypsy moth. The insect known as the gypsy moth, Lymantria dispar 
(Linnaeus), in any stage of development.
    Import (imported, importation). To bring or move into the 
territorial limits of the United States.
    Mobile home. Any vehicle, other than a recreational vehicle, 
designed to serve, when parked, as a dwelling or place of business.
    Outdoor household articles. Articles associated with a household 
that are generally kept or used outside the home. Examples of outdoor 
household articles are awnings, barbeque grills, bicycles, boats, dog 
houses, firewood, garden tools, hauling trailers, outdoor furniture and 
toys, recreational vehicles and their associated equipment, and tents.
    Phytosanitary certificate. A document issued by an official 
authorized by the national government of Canada that contains a 
description of the regulated article intended for importation into the 
United States and that certifies that the article has been thoroughly 
inspected or treated, is believed to be free from plant pests, and is 
otherwise believed to be eligible for importation pursuant to the 
current phytosanitary laws and regulations of the United States. A 
phytosanitary certificate must be addressed to the Animal and Plant 
Health Inspection Service and may be issued no more than 14 days prior 
to the shipment of the regulated article.
    Recreational vehicles. Vehicles, including pickup truck campers, 
one-piece motor homes, and travel trailers, designed to serve as 
temporary places of dwelling.

[[Page 290]]

    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 (e) 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) Logs with bark attached;
    (c) Pulpwood with bark attached;
    (d) Bark and bark products;
    (e) Outdoor household articles; and
    (f) Mobile homes and their associated equipment.

[64 FR 45866, Aug. 23, 1999, as amended at 71 FR 40878, July 19, 2006; 
83 FR 11866, Mar. 19, 2018]



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, 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

[[Page 291]]

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, 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

[[Page 292]]

    (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: 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) may be imported into the United States from any area of Canada 
without restriction under this subpart if they:
---------------------------------------------------------------------------

    \1\ Trees and Shrubs from Canada may be subject to additional 
restrictions under ``Subpart--Logs, Lumber, and Other Unmanufactured 
Wood Articles'' (Sec. Sec.  319.40-1 through 319.40-11).
---------------------------------------------------------------------------

    (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) 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 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 have been inspected and found free of gypsy moth or that the trees 
have been treated for gypsy moth in accordance with part 305 of this 
chapter.
    (ii) If the trees originated in a Canadian noninfested area, they 
must be accompanied by a certification of origin stating that they were 
produced in an

[[Page 293]]

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.
---------------------------------------------------------------------------

    \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 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; 83 FR 11866, Mar. 19, 2018]



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
--Table of Contents



                      Subpart A_General Provisions

Sec.
322.1 Definitions.
322.2 General requirements for interstate movement and importation.

[[Page 294]]

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 revocation 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.



                      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

[[Page 295]]

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:
    (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.

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

[[Page 296]]



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).
    (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

[[Page 297]]

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;
    (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], or
    (4) Using a U.S. Government electronic information exchange system 
or other authorized method.

(Approved by the Office of Management and Budget under control number 
0579-0207)

[69 FR 61747, Oct. 21, 2004, as amended at 81 FR 40150, June 21, 2016]



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

[[Page 298]]

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, 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;

[[Page 299]]

    (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
    (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) Persons importing restricted organisms into the United States 
must be Federal, State, or university researchers; be at least 18 years 
of age; and be physically present during normal business hours at an 
address within the United States specified on the permit during any 
periods when articles are being imported or moved interstate under the 
permit. All such importations must be for research or experimental 
purposes and in accordance with this part.

[69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014]



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

[[Page 300]]

number, facsimile number, and electronic mail address (provide all that 
are applicable).
    (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 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)

[69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014]



Sec.  322.15  APHIS review of permit applications; denial or 
revocation 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

[[Page 301]]

    (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.
    (5) APHIS may also deny a permit to import restricted organisms:
    (i) To a person who has previously failed to comply with any APHIS 
regulation, except:
    (A) A permit revoked in an investigation concerning that failure has 
been reinstated on appeal, at the discretion of APHIS; or
    (B) All measures ordered by APHIS to correct the failure, including 
but not limited to, payment of penalties or restitution, have been 
complied with to the satisfaction of APHIS.
    (ii) To a person who has previously failed to comply with any 
international or Federal regulation or instruction concerning the 
importation of prohibited or restricted foreign agricultural products; 
or
    (iii) If the application for a permit contains information that is 
found to be materially false, fraudulent, deceptive, or 
misrepresentative.
    (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 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 revocation of 
permits. If your permit application has been denied or your permit has 
been revoked, APHIS will inform you in writing, including by electronic 
methods, as promptly as circumstances permit and will include the 
reasons for the denial or revocation. You may appeal the decision by 
writing to APHIS within 10 business days from the date you received the 
communication notifying you of the denial or revocation of the permit. 
Your appeal must state all facts and reasons upon which you are relying 
to show that your permit application was

[[Page 302]]

wrongfully denied or your permit was wrongfully revoked. APHIS will 
grant or deny the appeal in writing and will state in writing the reason 
for the decision. The denial or revocation will remain in effect during 
the resolution of the appeal.

(Approved by the Office of Management and Budget under control number 
0579-0207)

[69 FR 61747, Oct. 21, 2004, as amended at 79 FR 19811, Apr. 10, 2014]



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 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.

[[Page 303]]



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 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?

[[Page 304]]

    (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, 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.

[[Page 305]]

    (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:
    (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

[[Page 306]]

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], or
    (4) Using a U.S. Government electronic information exchange system 
or other authorized method.

(Approved by the Office of Management and Budget under control number 
0579-0207)

[69 FR 61747, Oct. 21, 2004, as amended at 81 FR 40150, June 21, 2016]



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.



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,

[[Page 307]]

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--Table of Contents



                       Subpart_General Provisions

Sec.
330.100 Definitions.
330.101 Policy.
330.102 Basis for certain regulations.
330.103 Documentation.
330.104 Ports of entry.
330.105 Inspection.
330.106 Emergency measures.
330.107 Costs.
330.108 Authority to issue administrative instructions.
330.109 Caution.
330.110 Seals.
330.111 Advance notification of arrival of aircraft and watercraft.

                     Subpart_Movement of Plant Pests

330.200 Movement of plant pests regulated; permits required.
330.201 Applications for permits to move plant pests.
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 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.

[[Page 308]]

    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.
    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

[[Page 309]]

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. The ports of entry shall be those named in 19 CFR 
101.3(b)(1), except as otherwise provided by administrative instructions 
or by permits issued in accordance with this part, and except those 
ports of entry listed below.

         List of Exceptions to Customs Designated Ports of Entry
------------------------------------------------------------------------
                   State                            Port of entry
------------------------------------------------------------------------
[Reserved]................................  [Reserved]
------------------------------------------------------------------------


[24 FR 10825, Dec. 29, 1959, as amended at 72 FR 43523, Aug. 6, 2007]



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

[[Page 310]]

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 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 in accordance with part 305 of this chapter, 
application of other remedial measures, exportation, return to shipping 
point of origin, destruction,

[[Page 311]]

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 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

[[Page 312]]

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 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

[[Page 313]]

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; 75 FR 4253, Jan. 26, 2010]



Sec.  330.107  Costs.

    All costs (including those incurred under Sec.  330.106 of this part 
by the government or the owner) incident to the inspection, handling, 
cleaning, safeguarding, treating, or other disposal of means of 
conveyance or products, articles, or plant pests under this part shall 
be borne by the owner. Services of the inspector during regularly 
assigned hours of duty at the usual places of duty shall be furnished 
without cost to the person requesting the services, unless a user fee is 
payable under Sec.  354.3 of this chapter.

    Cross Reference: See note following Sec.  330.105.

[56 FR 14844, Apr. 12, 1991]



Sec.  330.108  Authority to issue administrative instructions.

    The Deputy Administrator is authorized to issue the administrative 
instructions for which provision is made in the regulations in this 
part, for the purpose of preventing dissemination of plant pests into 
the United States or interstate. In addition, whenever the Deputy 
Administrator shall find that existing conditions as to pest risk 
involved in the movement of plant pests, means of conveyance, or other 
products or articles to which the regulations in this part apply, make 
it safe to modify by making less stringent the restrictions contained in 
any of such regulations, he shall publish such findings in 
administrative instructions, specifying the manner in which the 
regulations shall be made less stringent whereupon such modification 
shall become effective.



Sec.  330.109  Caution.

    In applying treatments or taking other measures prescribed in 
administrative instructions or by the inspector, it should be understood 
that inexactness or carelessness may result in injury or damage.

[[Page 314]]



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;
    (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

[[Page 315]]

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 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

[[Page 316]]

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 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

[[Page 317]]

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 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

[[Page 318]]

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 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

[[Page 319]]

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 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]

[[Page 320]]



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 
treatment in accordance with part 305 of this chapter, or other 
conditions which he deems necessary for the purpose of preventing the 
dissemination of plant pests into the United States or interstate. 
Whenever it is possible to formulate a general rule specifying such 
conditions, it shall be promulgated in administrative instructions and 
the applicable provisions thereof may be incorporated into a permit by 
citation, but shall be applicable whether or not so cited.
    (b) Application for permits. Only persons resident in the United 
States may apply for permits under this section to move soil into the 
United States from any place outside thereof, or from any territory or 
possession into or through any other Territory or possession or the 
Continental United States. Persons resident in the United States 
contemplating such movements, or any persons contemplating movement 
through the United States, of soil under this section shall first make 
application for permits authorizing such movement by submitting to the 
Plant Protection and Quarantine Programs the form provided therefor by 
the Plant Protection and Quarantine Programs or by submitting, in the 
form of a letter or other written communication, the following 
information: Origin of the shipment, destination, quantity, method of 
shipment, proposed port of first arrival in the United States, port of 
export (if applicable), approximate date of arrival in the United 
States, intended use, measures to be employed to prevent danger of plant 
pest dissemination, method of final disposition, and the number of 
parcels expected to be moved. In acting upon the application for permits 
for such movement of soil, the Deputy Administrator will follow the 
procedures outlined in Sec.  330.202 for the consideration of 
applications for permits to move plant pests insofar as they are 
applicable.
    (c) Issuance of permits; conditions of permits. Upon the approval of 
an application for a permit authorizing the movement of soil under this 
section, the permit will be issued. The permit may contain any 
conditions which are necessary, in the opinion of the Deputy 
Administrator, to prevent dissemination of plant pests into the United

[[Page 321]]

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; 75 FR 4253, Jan. 
26, 2010]



Sec.  330.300a  Administrative instructions exempting soil from
parts of Canada from certain restrictions.

    Soil of Canadian origin except soil from Newfoundland and the Land 
District of Central Saanich on Vancouver Island of British Columbia may 
be moved into or through the United States from Canada free from the 
permit requirements of Sec.  330.300 and the release requirements of 
Sec.  330.105 but subject to inspection under Sec.  330.105 and disposal 
under Sec.  330.106, if the inspection discloses any plant pest new to 
or not theretofore widely prevalent or distributed within and throughout 
the United States. Such soil is also subject to all applicable 
requirements under part 319 of this chapter. \1\
---------------------------------------------------------------------------

    \1\ Sod from Canada is regulated under Sec. Sec.  319.37-1 through 
319.37-23 of this chapter.

[34 FR 13148, Aug. 14, 1969, as amended at 62 FR 50239, Sept. 25, 1997; 
83 FR 11866, Mar. 19, 2018]



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.



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.

[[Page 322]]



                             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 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.

[[Page 323]]

    (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) 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

[[Page 324]]

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 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

[[Page 325]]

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 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;

[[Page 326]]

    (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
--Table of Contents



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.

    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, or protozoa), or infectious substance, or any 
naturally occurring, bioengineered, or synthesized component of any such 
microorganism

[[Page 327]]

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.
    Information security. Protecting information and information systems 
from unauthorized access, use, disclosure, disruption, modification, or 
destruction in order to provide:
    (1) Integrity, which means guarding against improper information 
modification or destruction, and includes ensuring information 
authenticity;
    (2) Confidentiality, which means preserving authorized restrictions 
on access and disclosure, including means for protecting personal 
privacy and proprietary information; and
    (3) Availability, which means ensuring timely and reliable access to 
and use of information.
    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.
    Principal investigator. The one individual who is designated by the 
entity to direct a project or program and who is responsible to the 
entity for the scientific and technical direction of that project or 
program.
    Recombinant nucleic acids. (1) Molecules that are constructed by 
joining nucleic acid molecules and that can replicate in a living cell; 
or
    (2) Molecules that result from the replication of those described in 
paragraph (1) of this definition.
    Responsible official. The individual designated by an entity with 
the authority and control to ensure compliance with the regulations in 
this part.
    Security barrier. A physical structure that is designed to prevent 
entry by unauthorized persons.
    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.
    Synthetic nucleic acids. (1) Molecules that are chemically or by 
other means synthesized or amplified, including those that are 
chemically or otherwise modified but can base pair with naturally 
occurring nucleic acid molecules (i.e., synthetic nucleic acids); or
    (2) Molecules that result from the replication of those described in 
paragraph (1) of this definition.
    Toxin. The toxic material or product of plants, animals, 
microorganisms (including, but not limited to, bacteria,

[[Page 328]]

viruses, fungi, 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.
    Validated inactivation procedure. A procedure, whose efficacy is 
confirmed by data generated from a viability testing protocol, to render 
a select agent non-viable but allows the select agent to retain 
characteristics of interest for future use; or to render any nucleic 
acids that can produce infectious forms of any select agent virus non-
infectious for future use.
    Verification. The demonstration of obtaining established performance 
(e.g., accuracy, precision, and the analytical sensitivity and 
specificity) specifications for any procedure used for diagnosis.
    Viability testing protocol. A protocol to confirm the validated 
inactivation procedure by demonstrating the material is free of all 
viable select agent.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61074, Oct. 5, 2012; 79 
FR 26830, May 12, 2014; 82 FR 6204, Jan. 19, 2017]



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:

Coniothyrium glycines, (formerly Phoma glycinicola, Pyrenochaeta 
glycines);
Peronosclerospora philippinensis (Peronosclerospora sacchari);
Ralstonia solanacearum;
Rathayibacter toxicus;j
Sclerophthora rayssiae;
Synchytrium endobioticum;
Xanthomonas oryzae.

    (c) Genetic elements, recombinant and/or synthetic nucleic acids, 
and recombinant and/or synthetic 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 and/or synthetic 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 nontoxic toxins.
    (3) A select agent or toxin that has been subjected to 
decontamination or a destruction procedure when intended for waste 
disposal.
    (4) A select agent or regulated nucleic acids that can produce 
infectious forms of any select agent virus that has been subjected to a 
validated inactivation procedure that is confirmed through a viability 
testing protocol. Surrogate strains that are known to possess equivalent 
properties with respect to inactivation can be used to validate an 
inactivation procedure; however, if there are known strain-to-strain 
variations in the resistance of a select agent to an inactivation 
procedure, then an inactivation procedure validated on a lesser 
resistant strain

[[Page 329]]

must also be validated on the more resistant strains.
    (5) Material containing a select agent that is subjected to a 
procedure that removes all viable select agent cells, spores, or virus 
particles if the material is subjected to a viability testing protocol 
to ensure that the removal method has rendered the material free of all 
viable select agent.
    (6) A select agent or regulated nucleic acids that can produce 
infectious forms of any select agent virus not subjected to a validated 
inactivation procedure or material containing a select agent not 
subjected to a procedure that removes all viable select agent cells, 
spores, or virus particles if the material is determined by the 
Administrator to be effectively inactivated or effectively removed. To 
apply for a determination an individual or entity must submit a written 
request and supporting scientific information to APHIS. A written 
decision granting or denying the request will be issued.
    (7) A PPQ select toxin identified in an original food sample or 
clinical sample.
    (8) Waste generated during the delivery of patient care by health 
care professionals from a patient diagnosed with an illness or condition 
associated with a select agent, where that waste is decontaminated or 
transferred for destruction by complying with State and Federal 
regulations within 7 calendar days of the conclusion of patient care.
    (9) Any subspecies of Ralstonia solanacearum except race 3, biovar 2 
and all subspecies of Sclerophthora rayssiae except var. zeae, provided 
that the individual or entity can identify that the agent is within the 
exclusion category.
    (e) An attenuated strain of a select agent or a select toxin 
modified to be less potent or toxic may be excluded from the 
requirements of this part based upon a determination by the 
Administrator that the attenuated strain or modified toxin does not pose 
a severe threat to plant health or plant products.
    (1) To apply for 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 to the applicant. Exclusions will be 
listed on the National Select Agent Registry Web site at http://
www.selectagents.gov/.
    (2) If an excluded attenuated strain or modified toxin is subjected 
to any manipulation that restores or enhances its virulence or toxic 
activity, 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 application 
for the exclusion of an attenuated strain of a select agent or a select 
toxin modified to be less potent or toxic. 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.
    (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.

[[Page 330]]

    (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.

[70 FR 13278, Mar. 18, 2005, as amended at 73 FR 61331, Oct. 16, 2008; 
77 FR 61075, Oct. 5, 2012; 79 FR 26830, May 12, 2014; 82 FR 6204, Jan. 
19. 2017; 83 FR 48201, Sept. 24, 2018]



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 of the select agent or toxin, the 
select 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.
    (3) The identification of the agent or toxin is reported to APHIS or 
CDC, the specimen provider, and to other appropriate authorities when 
required by Federal, State, or local law by telephone, facsimile, or 
email. This report must be followed by submission of APHIS/CDC Form 4 to 
APHIS or CDC within 7 calendar days after identification.
    (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.

[70 FR 13278, Mar. 18, 2005, as amended at 82 FR 6204, Jan. 19, 2017]



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 is required to be in 
compliance with the requirements of this part for select agents and 
toxins listed on the registration regardless of whether the entity is in 
actual possession of the select agent or toxin. With regard to toxins, 
the entity registered for possession, use, or transfer of a toxin must 
be in compliance with the requirements of this part regardless of the 
amount of toxins currently in its possession.
    (c) 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.
    (d)(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 331]]

    (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\
---------------------------------------------------------------------------

    \1\ These conditions may apply to more than one individual.
---------------------------------------------------------------------------

    (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.
    (e) 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.
    (f) 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.
    (g) 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.
    (h) 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.
    (i) 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\
---------------------------------------------------------------------------

    \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 332]]

    (3) No change may be made without such approval.
    (j) 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.
    (k) 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.
    (l) A certificate of registration will be valid for a maximum of 3 
years.

[70 FR 13278, Mar. 18, 2005, as amended at 82 FR 6205, Jan. 19, 2017]



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.
---------------------------------------------------------------------------

    (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.
    (5) Have a physical (and not merely a telephonic or audio/visual) 
presence at the registered entity to ensure that the entity is in 
compliance with the select agent regulations and be able to respond in a 
timely manner to onsite incidents involving select agents and toxins in 
accordance with the entity's incident response plan.
    (6) Ensure that annual inspections are conducted of each registered 
space 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

[[Page 333]]

must be documented, and any deficiencies identified during an inspection 
must be corrected and the corrections documented.
    (7) Ensure that individuals are provided the contact information for 
the USDA Office of Inspector General Hotline and the HHS Office of 
Inspector General Hotline so that they may anonymously report any 
biosafety/biocontainment or security concerns related to select agents 
and toxins.
    (8) Investigate to determine the reason for any failure of a 
validated inactivation procedure or any failure to remove viable select 
agent from material. If the responsible official is unable to determine 
the cause of a deviation from a validated inactivation procedure or a 
viable select agent removal method; or receives any report of any 
inactivation failure after the movement of material to another location, 
the responsible official must report immediately by telephone or email 
the inactivation or viable agent removal method failure to APHIS or CDC.
    (9) Review, and revise as necessary, each of the entity's validated 
inactivation procedures or viable select agent removal methods. The 
review must be conducted annually or after any change in principal 
investigator, change in the validated inactivation procedure or viable 
select agent removal method, or failure of the validated inactivation 
procedure or viable select agent removal method. The review must be 
documented and training must be conducted if there are any changes to 
the validated inactivation procedure, viable select agent removal 
method, or viability testing protocol.
    (b) An entity may designate one or more individuals to serve as an 
alternate responsible official who acts 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.
    (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.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61075, Oct. 5, 2012; 82 
FR 6205, Jan. 19, 2017]



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) A person with valid approval from the HHS Secretary or 
Administrator to have access to select agents or toxins may request, 
through his or her Responsible Official, that the HHS Secretary or 
Administrator provide their approved access status to another registered 
individual or entity for a specified period of time. A responsible 
official must immediately notify the responsible official of the 
visiting entity if the person's access to select agents or toxins has 
been terminated.
    (f) An individual's security risk assessment may be expedited upon 
written request by the responsible official

[[Page 334]]

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.
    (g) 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.
    (h) An individual may appeal the Administrator's decision to deny, 
limit, or revoke access approval under Sec.  331.20.
    (i) Access approval is valid for a maximum of 3 years.
    (j) 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.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61075, Oct. 5, 2012; 82 
FR 6205, Jan. 19, 2017]



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. A current 
security plan must be submitted for initial registration, renewal of 
registration, or when requested.
    (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, including the safeguarding of animals (including arthropods) 
or plants intentionally or accidentally exposed to or infected with a 
select agent, against unauthorized access, theft, loss or release.
    (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, 
keycards, passwords, combinations, etc. and protocols for changing 
access permissions 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;
    (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;
    (8) Describe procedures for how the Responsible Official will be 
informed of suspicious activity that may be criminal in nature and 
related to the entity, its personnel, or its select agents or toxins; 
and describe procedures for how the entity will notify the appropriate 
Federal, State, or local law enforcement agencies of such activity.
    (9) Contain provisions for information security that:
    (i) Ensure that all external connections to systems which manage 
security for the registered space are isolated or have controls that 
permit only authorized and authenticated users;
    (ii) Ensure that authorized and authenticated users are only granted 
access to select agent and toxin related information, files, equipment 
(e.g., servers or mass storage devices), and applications as necessary 
to fulfill their roles and responsibilities, and that access is modified 
when the user's roles and responsibilities change or when their access 
to select agents and toxins is suspended or revoked;

[[Page 335]]

    (iii) Ensure that controls are in place that are designed to prevent 
malicious code (such as, but not limited to, computer viruses, worms, 
spyware) from compromising the confidentiality, integrity, or 
availability of information systems which manage access to spaces 
registered under this part or records as specified in Sec.  331.17;
    (iv) Establish a robust configuration management practice for 
information systems to include regular patching and updates made to 
operating systems and individual applications; and
    (v) Establish procedures that provide backup security measures in 
the event that access control systems, surveillance devices, and/or 
systems that manage the requirements of Sec.  331.17 are rendered 
inoperable.
    (10) Contain provisions and policies for shipping, receiving, and 
storage of select agents and toxins, including documented procedures for 
receiving, monitoring, and shipping of all select agents and toxins. 
These provisions must provide that an entity will properly secure 
containers on site and have a written contingency plan for unexpected 
shipments.
    (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 if the potential to 
access to select agents or toxins exists;
    (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;
    (v) Any sign that inventory or use records for select agents or 
toxins have been altered or otherwise compromised; and
    (vi) Any loss of computer, hard drive or other data storage device 
containing information that can be used to gain access to select agents 
or toxins; and
    (8) Separate areas where select agents and toxins are stored or used 
from the public areas of the building.
    (e) Entities must conduct complete inventory audits of all affected 
select agents and toxins in long-term storage when any of the following 
occur:
    (1) Upon the physical relocation of a collection or inventory of 
select agents or toxins for those select agents or toxins in the 
collection or inventory;
    (2) Upon the departure or arrival of a principal investigator for 
those select agents and toxins under the control of that principal 
investigator; or
    (3) In the event of a theft or loss of a select agent or toxin, all 
select agents and toxins under the control of that principal 
investigator.
    (f) [Reserved]
    (g) In developing a security plan, an individual or entity should 
consider the document entitled, `` Security Plan

[[Page 336]]

Guidance.'' This document is available on the National Select Agent 
Registry at http://www.selectagents.gov/.
    (h) 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. Drills or exercises must be documented to include how the 
drill or exercise tested and evaluated the plan, any problems that were 
identified and corrective action(s) taken, and the names of registered 
entity personnel participants.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61075, Oct. 5, 2012; 79 
FR 26830, May 12, 2014; 82 FR 6205, Jan. 19, 2017; 83 FR 48202, Sept. 
24, 2018]



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 biocontainment procedures 
for the select agent or toxin, including any animals (including 
arthropods) or plants intentionally or accidentally exposed to or 
infected with a select agent. The current biocontainment plan must be 
submitted for initial registration, renewal of registration, or when 
requested. The biocontainment plan must include the following 
provisions:
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    \4\ Technical assistance and guidance may be obtained by contacting 
APHIS.
---------------------------------------------------------------------------

    (1) The hazardous characteristics of each agent or toxin listed on 
the entity's registration and the biocontainment risk associated with 
laboratory procedures related to the select agent or toxin;
    (2) Safeguards in place with associated work practices to protect 
entity personnel, the public, and the environment from exposure to the 
select agent or toxin including, but not limited to: Personal protective 
equipment and other safety equipment; containment equipment including, 
but not limited to, biological safety cabinets, animal caging systems, 
and centrifuge safety containers; and engineering controls and other 
facility safeguards;
    (3) Written procedures for each validated method used for 
disinfection, decontamination, or destruction, as appropriate, of all 
contaminated or presumptively contaminated materials including, but not 
limited to: Cultures and other materials related to the propagation of 
select agents or toxins, items related to the analysis of select agents 
and toxins, personal protective equipment, arthropod containment 
systems, extracted plant and/or arthropod tissues, laboratory surfaces 
and equipment, and effluent material; and
    (4) Procedures for the handling of select agents and toxins in the 
same spaces with non-select agents and toxins to prevent unintentional 
contamination.
    (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:
    (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) [Reserved]
    (e) 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. Drills or exercises must be documented to include how the 
drill or exercise tested and evaluated the plan, any problems that were 
identified and corrective action(s) taken, and the names of registered 
entity personnel participants.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61076, Oct. 5, 2012; 79 
FR 26830, May 12, 2014; 82 FR 6205, Jan. 19, 2017]

[[Page 337]]



Sec.  331.13  Restricted experiments.

    (a) An individual or entity may not conduct or possess products 
resulting from the following experiments unless approved by and 
conducted in accordance with the conditions prescribed by the 
Administrator:
    (1) Experiments that involve the deliberate transfer of, or 
selection for, a drug or chemical resistance trait to select agents that 
are not known to acquire the trait naturally, if such acquisition could 
compromise the control of disease agents in humans, veterinary medicine, 
or agriculture.
    (2) Experiments involving the deliberate formation of synthetic or 
recombinant nucleic acids containing genes for the biosynthesis of 
select toxins lethal for vertebrates at an LD[50]<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.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61076, Oct. 5, 2012; 79 
FR 26830, May 12, 2014]



Sec.  331.14  Incident response. \5\
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    \5\ Nothing in this section is meant to supersede or preempt 
incident response requirements imposed by other statutes or regulations.
---------------------------------------------------------------------------

    (a) An individual or entity required to register under this part 
must develop and implement a written incident response plan \6\ based 
upon a site specific risk assessment. The incident response plan must be 
coordinated with any entity-wide plans, kept in the workplace, and 
available to employees for review. The current incident response plan 
must be submitted for initial registration, renewal of registration, or 
when requested.
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    \6\ Technical assistance and guidance may be obtained by contacting 
APHIS.
---------------------------------------------------------------------------

    (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, and other natural and man-made 
events.
    (c) The response procedures must account for hazards associated with 
the select agent or toxin and appropriate actions to contain such select 
agent or toxin, including any animals (including arthropods) or plants 
intentionally or accidentally exposed to or infected with a select 
agent.
    (d) 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;
    (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.
    (e) [Reserved]
    (f) The plan must be reviewed annually and revised as necessary. 
Drills or

[[Page 338]]

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. Drills or 
exercises must be documented to include how the drill or exercise tested 
and evaluated the plan, any problems that were identified and corrective 
action(s) taken, and the names of registered entity personnel 
participants.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61076, Oct. 5, 2012; 82 
FR 6206, Jan. 19, 2017]



Sec.  331.15  Training.

    (a) An individual or entity required to register under this part 
must provide information and training on biocontainment, biosafety, 
security (including security awareness), and incident response to:
    (1) Each individual with access approval from the Administrator or 
HHS Secretary. 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. The training must be accomplished prior to the 
individual's entry into an area where a select agent is handled or 
stored, or within 12 months of the date the individual was approved by 
the Administrator or the HHS Secretary for access, whichever is earlier.
    (2) Each individual not approved for access to select agents and 
toxins by the Administrator or HHS Secretary before that individual 
enters areas under escort where select agents or toxins are handled or 
stored (e.g., laboratories, growth chambers, animal rooms, greenhouses, 
storage areas, shipping/receiving areas, production facilities, etc.). 
Training for escorted personnel must be based on the risk associated 
with accessing areas where select agents and toxins are used and/or 
stored. The training must be accomplished prior to the individual's 
entry into where select agents or toxins are handled or stored (e.g., 
laboratories, growth chambers, animal rooms, greenhouses, storage areas, 
shipping/receiving areas, production facilities, etc.).
    (b) [Reserved]
    (c) Refresher training must be provided annually for individuals 
with access approval from the HHS Secretary or Administrator or at such 
time as the registered individual or entity significantly amends its 
security, incident response, or biocontainment plans.
    (d) The responsible official must ensure a record of the training 
provided to each individual with access to select agents and toxins and 
each escorted individual (e.g., laboratory workers, visitors, etc.) is 
maintained. The record must include the name of the individual, the date 
of the training, a description of the training provided, and the means 
used to verify that the employee understood the training.
    (e) The responsible official must ensure and document that 
individuals are provided the contact information of the USDA Office of 
Inspector General Hotline and the HHS Office of Inspector General 
Hotline so that they may anonymously report any safety or security 
concerns related to select agents and toxins.

[77 FR 61076, Oct. 5, 2012, as amended at 82 FR 6206, Jan. 19, 2017]



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. 
\7\
---------------------------------------------------------------------------

    \7\ 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) 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

[[Page 339]]

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) After authorization is provided by APHIS or CDC, the packaging 
of the select agent(s) and toxin(s) is performed by an individual 
approved by the HHS Secretary or Administrator to have access to select 
agents and toxins and is in compliance with all applicable laws 
concerning packaging.
    (f) The sender must comply with all applicable laws governing 
shipping.
    (g) Transportation in commerce starts when the select agent(s) or 
toxin(s) are packaged for shipment and ready for receipt by a courier 
transporting select agent(s) or toxin(s) and ends when the package is 
received by the intended recipient who is an individual approved by the 
HHS Secretary or Administrator to have access to select agents and 
toxins, following a security risk assessment by the Attorney General.
    (h) The recipient must submit a completed APHIS/CDC Form 2 within 2 
business days of receipt of a select agent or toxin.
    (i) 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.
    (j) 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).

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61077, Oct. 5, 2012; 82 
FR 6206, Jan. 19, 2017]



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 and/or synthetic nucleic acids, and 
organisms containing recombinant and/or synthetic nucleic acids) 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 or other 
storage container);
    (iv) When moved from storage and by whom and when returned to 
storage and by whom;
    (v) The select agent used, purpose of use, and, when applicable, 
final disposition;
    (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 accounting of any animals or plants 
intentionally or accidentally exposed to or infected with a select agent 
(including number and species, location, and appropriate disposition);
    (3) An accurate, current inventory for each toxin held, including:
    (i) The name and characteristics;

[[Page 340]]

    (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 or other storage 
container);
    (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.
    (4) A current list of all individuals that have been granted access 
approval by the Administrator or the HHS Secretary;
    (5) 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;
    (6) 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);
    (7) A written explanation of any discrepancies; and
    (8) For select agents or material containing select agents or 
regulated nucleic acids that can produce infectious forms of any select 
agent virus that have been subjected to a validated inactivation 
procedure or a procedure for removal of viable select agent:
    (i) A written description of the validated inactivation procedure or 
viable select agent removal method used, including validation data;
    (ii) A written description of the viability testing protocol used;
    (iii) A written description of the investigation conducted by the 
entity responsible official involving an inactivation or viable select 
agent removal failure and the corrective actions taken;
    (iv) The name of each individual performing the validated 
inactivation or viable select agent removal method;
    (v) The date(s) the validated inactivation or viable select agent 
removal method was completed;
    (vi) The location where the validated inactivation or viable select 
agent removal method was performed; and
    (vii) A certificate, signed by the principal investigator, that 
includes the date of inactivation or viable select agent removal, the 
validated inactivation or viable select agent removal method used, and 
the name of the principal investigator. A copy of the certificate must 
accompany any transfer of inactivated or select agent removed material.
    (b) The individual or entity must implement a system to ensure that 
all records and databases created under this part are accurate and 
legible, have controlled access, and that their authenticity may be 
verified.
    (c) The individual or entity must promptly produce upon request any 
information that is related to the requirements of this part but is not 
otherwise contained in a record required to be kept by this section. The 
location of such information may include, but is not limited to, 
biocontainment certifications, laboratory notebooks, institutional 
biosafety and/or animal use committee minutes and approved protocols, 
and records associated with occupational health and suitability 
programs. All records created under this part must be maintained for 3 
years.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61077, Oct. 5, 2012; 82 
FR 6206, Jan. 19, 2017]



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.

[[Page 341]]

    (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 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 location (building, room) from which the release occurred; 
and
    (v) The number of individuals potentially exposed at the entity;
    (vi) Actions taken to respond to the release; and
    (vii) Hazards posed by the release.
    (2) A completed APHIS/CDC Form 3 must be submitted within 7 calendar 
days.

[70 FR 13278, Mar. 18, 2005, as amended at 77 FR 61077, Oct. 5, 2012]



Sec.  331.20  Administrative review.

    (a) An individual or entity may appeal a denial, revocation, or 
suspension of registration under this part. 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.
    (b) An individual may appeal a denial, limitation, or revocation of 
access approval under this part. The appeal must be in writing, state 
the factual basis for the appeal, and be submitted to the Administrator 
within 180 calendar days of the decision.
    (c) The Administrator's decision constitutes final agency action.

[77 FR 61077, Oct. 5, 2012]



 PART 340_INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED
 THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS
 REASON TO BELIEVE ARE PLANT PESTS--Table of Contents



Sec.
340.0 Restrictions on the introduction of regulated articles.
340.1 Definitions.
340.2 Groups of organisms which are or contain plant pests and 
          exemptions.
340.3 Notification for the introduction of certain regulated articles.
340.4 Permits for the introduction of a regulated article.
340.5 Petition to amend the list of organisms.
340.6 Petition for determination of nonregulated status.
340.7 Marking and identity.
340.8 Container requirements for the movement of regulated articles.
340.9 Cost and charges.

    Authority: 7 U.S.C. 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.

[[Page 342]]



Sec.  340.0  Restrictions on the introduction of regulated articles.

    (a) No person shall introduce any regulated article unless the 
Administrator is:
    (1) Notified of the introduction in accordance with Sec.  340.3, or 
such introduction is authorized by permit in accordance with Sec.  
340.4, or such introduction is conditionally exempt from permit 
requirements under Sec.  340.2(b); and
    (2) Such introduction is in conformity with all other applicable 
restrictions in this part. \1\
---------------------------------------------------------------------------

    \1\ Part 340 regulates, among other things, the introduction of 
organisms and products altered or produced through genetic engineering 
that are plant pests or are believed to be plant pests. The introduction 
into the United States of such articles also may be subject to other 
regulations promulgated under the Plant Protection Act (7 U.S.C. 7701-
7772) and found in 7 CFR parts 319, 330, and 360. For example, under 
regulations promulgated in ``Subpart- Plants for Planting'' (7 CFR 
319.37-5 of this chapter), a permit is required for the importation of 
certain classes of plants for planting whether such plants are 
genetically engineered or not. Accordingly, individuals should refer to 
those regulations before importing any plants for planting.
---------------------------------------------------------------------------

    (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; 83 FR 11866, Mar. 
19, 2018]



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

[[Page 343]]

entity characterized as living, related to the foregoing.
    Permit. A written permit issued by the Administrator, for the 
introduction of a regulated article under conditions determined by the 
Administrator, not to present a risk of plant pest introduction.
    Person. Any individual, partnership, corporation, company, society, 
association, or other organized group.
    Plant. Any living stage or form of any member of the plant kingdom 
\3\ including, but not limited to, eukaryotic algae, mosses, club 
mosses, ferns, angiosperms, gymnosperms, and lichens (which contain 
algae) including any parts (e.g. pollen, seeds, cells, tubers, stems) 
thereof, and any cellular components (e.g. plasmids, ribosomes, etc.) 
thereof.
---------------------------------------------------------------------------

    \3\ The taxonomic scheme for the plant kingdom is that found in 
Synopsis and Classification of Living Organisms by S.P. Parker, McGraw 
Hill (1984).
---------------------------------------------------------------------------

    Plant pest. Any living stage (including active and dormant forms) of 
insects, mites, nematodes, slugs, snails, protozoa, or other 
invertebrate animals, bacteria, fungi, other parasitic plants or 
reproductive parts thereof; viruses; or any organisms similar to or 
allied with any of the foregoing; or any infectious agents or 
substances, which can directly or indirectly injure or cause disease or 
damage in or to any plants or parts thereof, or any processed, 
manufactured, or other products of plants.
    Product. Anything made by or from, or derived from an organism, 
living or dead.
    Recipient organism. The organism which receives genetic material 
from a donor organism.
    Regulated article. Any organism which has been altered or produced 
through genetic engineering, if the donor organism, recipient organism, 
or vector or vector agent belongs to any genera or taxa designated in 
Sec.  340.2 and meets the definition of plant pest, or is an 
unclassified organism and/or an organism whose classification is 
unknown, or any product which contains such an organism, or any other 
organism or product altered or produced through genetic engineering 
which the Administrator, determines is a plant pest or has reason to 
believe is a plant pest. Excluded are recipient microorganisms which are 
not plant pests and which have resulted from the addition of genetic 
material from a donor organism where the material is well characterized 
and contains only non-coding regulatory regions.
    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

[[Page 344]]

material: (a) The exact nucleotide base sequence of the regulatory 
region and any inserted flanking nucleotides; (b) The regulatory region 
and any inserted flanking nucleotides do not code for protein or 
peptide; and (c) The regulatory region solely controls the activity of 
other sequences that code for protein or peptide molecules or act as 
recognition sites for the initiation of nucleic acid or protein 
synthesis.

[52 FR 22908, June 16, 1987, as amended at 53 FR 12913, Apr. 20, 1988; 
55 FR 53276, Dec. 28, 1990; 58 FR 17056, Mar. 31, 1993; 62 FR 23956, May 
2, 1997]



Sec.  340.2  Groups of organisms which are or contain plant pests
and exemptions.

    (a) Groups of organisms which are or contain plant pests. The 
organisms that are or contain plant pests are included in the taxa or 
group of organisms contained in the following list. Within any taxonomic 
series included on the list, the lowest unit of classification actually 
listed is the taxon or group which may contain organisms which are 
regulated. Organisms belonging to all lower taxa contained within the 
group listed are included as organisms that may be or may contain plant 
pests, and are regulated if they meet the definition of plant pest in 
Sec.  340.1 \4\
---------------------------------------------------------------------------

    \4\ Any organism belonging to any taxa contained within any listed 
genera or taxa is only considered to be a plant pest if the organism 
``can directly or indirectly injure, or cause disease, or damage in any 
plants or parts thereof, or any processed, manufactured, or other 
products of plants.'' Thus a particular unlisted species within a listed 
genus would be deemed a plant pest for purposes of Sec.  340.2, if the 
scientific literature refers to the organism as a cause of direct or 
indirect injury, disease, or damage to any plants, plant parts or 
products of plants. (If there is any question concerning the plant pest 
status of an organism belonging to any listed genera or taxa, the person 
proposing to introduce the organism in question should consult with 
APHIS to determine if the organism is subject to regulation.)

    Note: Any genetically engineered organism composed of DNA or RNA 
sequences, organelles, plasmids, parts, copies, and/or analogs, of or 
from any of the groups of organisms listed below shall be deemed a 
regulated article if it also meets the definition of plant pest in Sec.  
340.1.

                                  GROUP

                                 Viroids

                        Superkingdom Prokaryotae

                              Kingdom Virus

All members of groups containing plant viruses, and all other plant and 
          insect viruses

                             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 345]]

                            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 346]]

    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 347]]

    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\
---------------------------------------------------------------------------

    \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 348]]

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 349]]

    (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 350]]

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 351]]

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\
---------------------------------------------------------------------------

    \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.

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

[[Page 352]]

    (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 through any 
USDA plant inspection station listed in accordance with Sec.  319.37-
8(a) of this chapter;

[[Page 353]]

    (ii) Notify APHIS promptly upon arrival of any regulated article at 
a port of entry, of its arrival by such means as a manifest, customs 
entry document, commercial invoice, waybill, a broker's document, or a 
notice form provided for such purpose; and
    (iii) Mark and identify the regulated article in accordance with 
Sec.  340.5 of this part.
    (g) Withdrawal or denial of a permit. Any permit which has been 
issued may be withdrawn by an inspector or the Administrator if he/she 
determines that the holder thereof has not complied with one or more of 
the conditions listed on the permit. APHIS will confirm the reasons for 
the withdrawal of the permit in writing within ten (10) days. Any person 
whose permit has been withdrawn or any person who has been denied a 
permit may appeal the decision in writing to the Administrator within 
ten (10) days after receiving the written notification of the withdrawal 
or denial. The appeal shall state all of the facts and reasons upon 
which the person relies to show that the permit was wrongfully withdrawn 
or denied. The Administrator shall grant or deny the appeal, in writing, 
stating the reasons for the decision as promptly as circumstances allow. 
If there is a conflict as to any material fact, a hearing shall be held 
to resolve such conflict. Rules of practice concerning such a hearing 
will be adopted by the Administrator.
    (h) Courtesy permit--(1) Issuance. The Administrator may issue a 
courtesy permit for the introduction of organisms modified through 
genetic engineering which are not subject to regulation under this part 
to facilitate movement when the movement might otherwise be impeded 
because of the similarity of the organism to other organisms regulated 
under this part.
    (2) Application. A person seeking a courtesy permit shall submit on 
an application form obtained from APHIS data required by paragraphs (b) 
(1), (2), and (5) of this section and shall indicate such data is being 
submitted as a request for a courtesy permit. A person should also 
include a statement explaining why he or she believes the organism or 
product does not come within the definition of a regulated article. The 
application shall be submitted at least 60 days prior to the time the 
courtesy permit is sought.
    (3) Administrative action. APHIS shall complete an initial review 
within 15 days of the date of receipt of the application. If the 
application is complete, the responsible individual shall be notified of 
the date of receipt of the application for purposes of advising the 
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; 72 FR 43523, 
Aug. 6, 2007; 83 FR 11867, Mar. 19, 2018]



Sec.  340.5  Petition to amend the list of organisms. \10\
---------------------------------------------------------------------------

    \10\ See footnote 5 in Sec.  340.3.
---------------------------------------------------------------------------

    (a) General. Any person may submit to the Administrator a petition 
to amend the list of organisms in Sec.  340.2 of this part by adding or 
deleting any genus, species, or subspecies. A petitioner may supplement, 
amend, or withdraw a petition in writing without prior approval of the 
Administrator and without prejudice to resubmission at any time until 
the Administrator rules on the petition. A petition to amend the list of 
organisms shall be submitted in accordance with the procedures and 
format specified by this section.
    (b) Submission procedures and format. A person shall submit two 
copies of a petition to the Animal and Plant Health Inspection Service, 
Biotechnology and Scientific Services, PPQ, Biotechnology Permits, 4700

[[Page 354]]

River Road, Unit 147, Riverdale, Maryland 20737-1237. The petition 
should be dated, and structured as follows:

                      Petition To Amend 7 CFR 340.2

    The undersigned submits this petition under 7 CFR 340.4 to request 
that the Administrator [add the following genus, species, or subspecies 
to the list of organisms in 7 CFR 340.2] or [to remove the following 
genus, species, or subspecies from the list of organisms in Sec.  
340.2].

                         A. Statement of Grounds

    (A person must present a full statement explaining the factual 
grounds why the genus, species, or subspecies to be added to Sec.  340.2 
of this part is a plant pest or why there is reason to believe the 
genus, species, or subspecies is a plant pest or why the genus, species, 
or subspecies sought to be removed is not a plant pest or why there is 
reason to believe the genus, species, or subspecies is not a plant pest. 
The petition should include copies of scientific literature which the 
petitioner is relying upon, copies of unpublished studies, or data from 
tests performed. The petition should not include trade secret or 
confidential business information.
    A person should also include representative information known to the 
petitioner which would be unfavorable to a petition for listing or 
delisting. (If a person is not aware of any unfavorable information the 
petition should state, Unfavorable Information: NONE).

                            B. Certification

    The undersigned certifies, that to the best knowledge and belief of 
the undersigned, this petition includes all information and views on 
which the petitioner relies, and that it includes representative data 
and information known to the petitioner which are unfavorable to the 
petition.

(Signature)_____________________________________________________________
(Name of petitioner)____________________________________________________
(Mailing address)_______________________________________________________
(Telephone number)______________________________________________________

    (c) Administrative action on a petition. (1) A petition to amend the 
list of organisms which meets the requirements of paragraph (b) of this 
section will be filed by the APHIS, stamped with the date of filing, and 
assigned a docket number. The docket number shall identify the file 
established for all submissions relating to the petition. APHIS, will 
promptly notify the petitioner in writing of the filing and docket 
number of a petition. If a petition does not meet the requirements of 
paragraph (b) of this section, the petitioner shall be sent a notice 
indicating how the petition is deficient.
    (2) After the filing of a petition to amend the list of organisms 
USDA shall publish a proposal in the Federal Register to amend Sec.  
340.2 and solicit comments thereon from the public. An interested person 
may submit written comments to the APHIS on a filed petition, which 
shall become part of the docket file.
    (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,

[[Page 355]]

Maryland 20737-1237. The petition shall be dated and structured as 
follows:

            Petition for Determination of Nonregulated Status

    The undersigned submits this petition under 7 CFR 340.6 to request 
that the Administrator, make a determination that the article should not 
be regulated under 7 CFR part 340.

(Signature)_____________________________________________________________

                         A. Statement of Grounds

    A person must present a full statement explaining the factual 
grounds why the organism should not be regulated under 7 CFR part 340. 
The petitioner shall include copies of scientific literature, copies of 
unpublished studies, when available, and data from tests performed upon 
which to base a determination. The petition shall include all 
information set forth in paragraph (c) of 7 CFR 340.6. If there are 
portions of the petition deemed to contain trade secret or confidential 
business information (CBI), each page of the petition containing such 
information should be marked ``CBI Copy''. In addition, those portions 
of the petition which are deemed ``CBI'' shall be so designated. The 
second copy shall have all such CBI deleted and shall have marked on 
each page where the CBI was deleted: ``CBI Deleted.'' If a petition does 
not contain CBI, the first page of both copies shall be marked: ``No 
CBI.''
    A person shall also include information known to the petitioner 
which would be unfavorable to a petition. If a person is not aware of 
any unfavorable information, the petition should state, ``Unfavorable 
information: NONE.''

                            B. Certification

    The undersigned certifies, that to the best knowledge and belief of 
the undersigned, this petition includes all information and views on 
which to base a determination, and that it includes relevant data and 
information known to the petitioner which are unfavorable to the 
petition.

(Signature)_____________________________________________________________

(Name of Petitioner)____________________________________________________

(Mailing Address)_______________________________________________________

(Telephone Number)______________________________________________________

    (c) Required data and information. The petition shall include the 
following information:
    (1) Description of the biology of the nonmodified recipient plant 
and information necessary to identify the recipient plant in the 
narrowest taxonomic grouping applicable.
    (2) Relevant experimental data and publications.
    (3) A detailed description of the differences in genotype between 
the regulated article and the nonmodified recipient organism. Include 
all scientific, common, or trade names, and all designations necessary 
to identify: the donor organism(s), the nature of the 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

[[Page 356]]

plants, nontarget organisms, or the environment.
    (d) Administrative action on a petition. (1) A petition for 
determination of nonregulated status under this part which meets the 
requirements of paragraphs (b) and (c) of this section will be filed by 
the Administrator, stamped with the date of filing, and assigned a 
petition number. The petition number shall identify the file established 
for all submissions relating to the petition. APHIS will promptly notify 
the petitioner in writing of the filing and the assigned petition 
number. If a petition does not meet the requirements specified in this 
section, the petitioner shall be sent a notice indicating how the 
petition is deficient.
    (2) After the filing of a completed petition, APHIS shall publish a 
notice in the Federal Register. This notice shall specify that comments 
will be accepted from the public on the filed petition during a 60 day 
period commencing with the date of the notice. During the comment 
period, any interested person may submit to the Administrator, written 
comments, regarding the filed petition, which shall become part of the 
petition file.
    (3) The Administrator shall, based upon available information, 
furnish a response to each petitioner within 180 days of receipt of a 
completed petition. The response will either:
    (i) Approve the petition in whole or in part; or
    (ii) deny the petition.
    The petitioner shall be notified in writing of the Administrator's 
decision. The decision shall be placed in the public petition file in 
the offices of APHIS and notice of availability published in the Federal 
Register.
    (e) Extensions to determinations of nonregulated status. (1) The 
Administrator may determine that a regulated article does not pose a 
potential for plant pest risk, and should therefore not be regulated 
under this part, based on the similarity of that organism to an 
antecedent organism.
    (2) A person may request that APHIS extend a determination of 
nonregulated status to other organisms. Such a request shall include 
information to establish the similarity of the antecedent organism and 
the regulated articles in question.
    (3) APHIS will announce in the Federal Register all preliminary 
decisions to extend determinations of nonregulated status 30 days before 
the decisions become final and effective. If additional information 
becomes available that APHIS believes justifies 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;

[[Page 357]]

    (3) Name and address of shipper, owner, or person shipping or 
forwarding the organism;
    (4) Name, address, and telephone number of consignee;
    (5) Identifying shipper's mark and number; and
    (6) Number of written permit authorizing the importation.
    (b) Any regulated article imported by mail, shall be plainly and 
correctly addressed and mailed to APHIS through any USDA plant 
inspection station listed in accordance with Sec.  319.37-8(a) of this 
chapter 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; 72 
FR 43523, Aug. 6, 2007; 83 FR 11867, Mar. 19, 2018]



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

[[Page 358]]

corrugated fiberboard, corrugated cardboard, wood, or other material of 
equivalent strength.
    (ii) Volume greater than 50 ml. Regulated articles which exceed a 
volume of 50 ml. shall comply with requirements specified in paragraph 
(b)(3)(i) of this section. In addition, a shock absorbing material, in 
volume at least equal to that of the absorbent material between the 
primary and secondary containers, shall be placed at the top, bottom, 
and sides between the secondary container and the outer shipping 
container. Single primary containers shall not contain more than 1,000 
ml. of material. However, two or more primary containers whose combined 
volumes do not exceed 1,000 ml. may be placed in a single, secondary 
container. The maximum amount of micro-organisms or etiologic agents, 
cells, or subcellular elements which may be enclosed within a single 
outer shipping container shall not exceed 4,000 ml.
    (iii) Dry ice. If dry ice is used as a refrigerant, it shall be 
placed outside the secondary container(s). If dry ice is used between 
the secondary container and the outer shipping container, the shock 
absorbing material shall be placed so that the secondary container does 
not become loose inside the outer shipping container as the dry ice 
sublimates.
    (4) Insects, mites, and related organisms. Insects, mites, and other 
small arthropods shall be packed for shipment as specified in this 
paragraph or in paragraph (b)(3) of this section. Insects (any life 
stage) shall be placed in an escape-proof primary shipping container 
(insulated vacuum container, glass, metal, plastic, etc.) and sealed to 
prevent escape. Such primary container shall be placed securely within a 
secondary shipping container of crushproof styrofoam or other material 
of equivalent strength; one or more rigid ice packs may also be placed 
within the secondary shipping container; and sufficient packing material 
shall be added around the primary container to prevent movement of the 
primary shipping container. The secondary (styrofoam or other) container 
shall be placed securely within an outer shipping container constructed 
of corrugated fiberboard, corrugated cardboard, wood, or other material 
of equivalent strength.
    (5) Other macroscopic organisms. Other macroscopic organisms not 
covered in paragraphs (b) (1), (2), and (4) of this section which do not 
require continuous access to atmospheric oxygen shall be packaged as 
specified in paragraph (b)(3) or (b)(4) of this section. All macroscopic 
organisms which are not plants and which require continuous access to 
atmospheric oxygen shall be placed in primary shipping containers 
constructed of a sturdy, crush-proof frame of wood, metal, or equivalent 
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

[[Page 359]]

shall advise the responsible person in writing at the time a permit is 
granted on the person's request for a variance.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997]



Sec.  340.9  Cost and charges.

    The services of the inspector during regularly assigned hours of 
duty and at the usual places of duty shall be furnished without cost. 
\13\ The U.S. Department of Agriculture will not be responsible for any 
costs or charges incident to inspections or compliance with the 
provisions of this part, other than for the services of the inspector.
---------------------------------------------------------------------------

    \13\ The Department's provisions relating to overtime charges for an 
inspector's services are set forth in 7 CFR part 354.

[52 FR 22908, June 16, 1987. Redesignated at 58 FR 17056, Mar. 31, 1993; 
62 FR 23956, May 2, 1997]



PART 351_IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL
--Table of Contents



    Authority: 7 U.S.C. 7711-7714, 7721, 7754, and 7755; 7 CFR 2.22, 
2.80, and 371.3.
Sec.
351.1 Joint treatment generally.
351.2 Location of inspectors.
351.3 Procedure on arrival.
351.4 Records.
351.5 Return or destruction.
351.6 Packages in closed mail dispatches.
351.7 Regulations governing importation by mail of plant material for 
          immediate export.

    Cross Reference: For customs regulations governing importation of 
plants and plant products, see 19 CFR part 12.

    Authority: 7 U.S.C. 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

[[Page 360]]

    (b) Divert it to the Plant Quarantine Station at Washington, DC, 
Brownsville, Tex., Hoboken, N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., 
Laredo, Tex., Miami, Fla., New Orleans, La., San Francisco, Calif., San 
Juan, P.R., San Pedro, Calif., or Seattle, Wash., for whatever 
disposition is deemed warranted. If so diverted, the plant quarantine 
inspector shall attach to the package the yellow and green special 
mailing tag addressed to the proper quarantine station. A package so 
diverted shall be accompanied by customs card Form 3511 and transmitted 
to the appropriate Customs office for referral to the Plant Quarantine 
Station. Envelopes containing customs card Form 3511 addressed to the 
collector of customs, New York, N.Y., shall contain a notation that the 
material is to be referred to the Plant Protection and Quarantine 
Programs, Hoboken, N.J.

[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963, as 
amended at 36 FR 24917, Dec. 24, 1971]



Sec.  351.4  Records.

    The customs officers at Washington, DC, Brownsville, Tex., Hoboken, 
N.J., Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., 
New Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, 
Calif., or Seattle, Wash., shall keep a record of such packages as may 
be delivered to representatives of the Department of Agriculture, and 
upon the return thereof shall prepare a mail entry to accompany the 
dutiable package and deliver it to the postmaster for delivery or onward 
dispatch or in appropriate cases subject the shipment to formal customs 
entry procedure.

[28 FR 5204, May 24, 1963]



Sec.  351.5  Return or destruction.

    Where the plant quarantine inspector requires the entire shipment to 
be returned to the country of origin as a prohibited importation (in 
which event he shall endorse his action thereon) and delivers the 
shipment to the collector of customs, the collector shall in turn 
deliver it to the postmaster for dispatch to the country of origin. If, 
upon examination, the plant material is deemed dangerous to plant life, 
the collector of customs shall permit the plant quarantine inspector to 
destroy immediately both the container and its contents. In either case 
the plant quarantine inspector shall notify the addressee of the action 
taken and the reason therefor. If the objectionable plant material forms 
only a portion of the contents of the mail package and in the judgment 
of the inspector the 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]

[[Page 361]]



Sec.  351.7  Regulations governing importation by mail of plant 
material for immediate export.

    To collectors of customs and others concerned:
    (a) Shipments of plant material may be imported by mail free of duty 
for immediate exportation by mail subject to the following regulations, 
which have been approved by the Department of Agriculture and the Post 
Office Department:
    (1) Each shipment shall be dispatched in the mails from abroad, 
accompanied by a yellow and green special mail tag bearing the serial 
number of the permit for entry for immediate exportation or immediate 
transportation and exportation, issued by the U.S. Department of 
Agriculture, and also the postal form of customs declaration.
    (2) Upon arrival, the shipment shall be detained by, or redispatched 
to, the postmaster at Washington, DC, Brownsville, Tex., Hoboken, N.J., 
Honolulu, Hawaii, Jamaica, L.I., N.Y., Laredo, Tex., Miami, Fla., New 
Orleans, La., San Francisco, Calif., San Juan, P.R., San Pedro, Calif., 
or Seattle, Wash., as may be appropriate, according to the address on 
the yellow and green tag, and there submitted to the customs officer and 
the Federal quarantine inspector. The merchandise shall under no 
circumstances be permitted to enter the commerce of the United States.
    (3) After inspection by the customs and quarantine officers, and 
with their approval, the addressee, or his authorized agent, shall 
repack and readdress the mail parcel under customs supervision; affix to 
the parcel the necessary postage, and comply with other mailing 
requirements, after which the parcel shall be delivered to the 
postmaster for exportation by mail pursuant to 19 CFR 9.11(a). The 
contents of the original parcel may be subdivided and exported in 
separate parcels in like manner.
    (4) It will not be necessary to issue a customs mail entry nor to 
require formal entry of the shipments.
    (5) The mail shipments referred to shall be accorded special 
handling only at the points specified in paragraph (a)(2) of this 
section.
    (6) The foregoing procedure shall not affect the movement of plant 
material in the international mails in transit through the United 
States.

[24 FR 9923, Dec. 9, 1959, as amended at 28 FR 5204, May 24, 1963]



PART 352_PLANT QUARANTINE SAFEGUARD REGULATIONS--Table of Contents



Sec.
352.1 Definitions.
352.2 Purpose; relation to other regulations; applicability; preemption 
          of State and local laws.
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.

[[Page 362]]

    Brought in for temporary stay where unloading or landing is not 
intended. Brought in by carrier but not intended to be unloaded or 
landed from such carrier. This phrase includes movement (i) departing 
from the United States on the same carrier directly from the point of 
arrival therein; and (ii) transiting a part of the United States before 
departure therefrom, and applies whether movement under Customs 
procedure is as residue cargo or follows some form of Customs entry.
    Carrier; means of conveyance. Automobile, truck, animal-drawn 
vehicle, railway car, aircraft, ship, or other means of transportation.
    Customs. The U.S. Customs Service, Department of the Treasury, or, 
with reference to Guam, the Customs Office of the Government of Guam.
    Deputy Administrator. The Deputy Administrator of the Plant 
Protection and Quarantine Programs, or any officer or employee of the 
Plant Protection and Quarantine Programs to whom authority has 
heretofore been delegated or may hereafter be delegated to act in his 
stead.
    Foreign trade zone. A formally prescribed area containing various 
physical facilities located in or adjacent to ports of entry under the 
jurisdiction of the United States and established, operated, and 
maintained as a foreign trade zone pursuant to the Foreign-Trade Zones 
Act of June 18, 1934 (48 Stat. 998-1003; 19 U.S.C. 81a-81u), as amended, 
wherein foreign merchandise, as well as domestic merchandise, may be 
deposited for approved purposes. Movement into and from such area is 
subject to applicable customs, plant quarantine, and other Federal 
requirements.
    Immediate (export, trans-shipment, or transportation and 
exportation). The period which, in the opinion of the inspector, is the 
shortest practicable interval of time between the arrival of an incoming 
carrier and the departure of the outgoing carrier transporting a 
consignment of prohibited or restricted products or articles.
    Inspector. 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

[[Page 363]]

entries of merchandise, to collect duties, and to enforce the various 
provisions of the Customs and Navigation laws in force at that place.
    Port of arrival. Any port in the United States at which a prohibited 
or restricted product or article arrives.
    Port of entry. A port at which a specified shipment or means of 
conveyance is accepted for entry or admitted without entry into the 
United States.
    Residue cargo. Shipments authorized by Customs to be transported 
under the Customs bond of the carrier on which the shipments arrive, 
without entry being filed, for direct export from the first port of 
arrival, or to another port for entry or for direct export at that port 
without entry being required.
    Safeguard. A procedure for handling, maintaining, or disposing of 
prohibited or restricted products and articles subject to this part so 
as to eliminate the risk of plant pest dissemination which the 
prohibited or restricted products and articles may present.
    Ship. Any means of transportation by water.
    Soil. The loose surface material of the earth in which plants grow, 
in most cases consisting of disintegrated rock with an admixture of 
organic material and soluble salts.
    Stores and furnishings. Plants and plant products for use on board a 
carrier; e.g. as food or decorative material.
    United States. The States, the District of Columbia, Guam, Puerto 
Rico, and the Virgin Islands of the United States, and the territorial 
waters of the United States adjacent to those land areas.
    Unloaded or landed for transportation and exportation. Brought in by 
carrier and transferred to another carrier for transportation to another 
port for exportation, whether or not some form of Customs entry is made.
    Unloaded or landed for transshipment and exportation. Brought in by 
carrier and transferred to another carrier for exportation from the same 
port, whether or not some form of Customs entry is made.

[25 FR 1929, Mar. 5, 1960, as amended at 36 FR 24917, Dec. 24, 1971; 37 
FR 10554, May 25, 1972; 62 FR 65009, Dec. 10, 1997; 66 FR 21059, Apr. 
27, 2001; 71 FR 49325, Aug. 23, 2006]



Sec.  352.2  Purpose; relation to other regulations; applicability;
preemption of State and local laws.

    (a) Importations of plants, plant products, plant pests, noxious 
weeds, 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, 330, and 360 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, 330, or 360 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

[[Page 364]]

regulations in 19 CFR chapter I. Prohibited or restricted products and 
articles that have entered the United States, been exported pursuant to 
this part, and returned to the United States are subject to the 
applicable requirements of this part upon reentry.
    (2) Any restrictions and requirements under this part with respect 
to the arrival, temporary stay, unloading, landing, transshipment, 
exportation, transportation and exportation, or other movement or 
possession in the United States of any product or article shall apply to 
any person who, respectively, brings into, maintains, unloads, lands, 
transships, exports, transports and exports, or otherwise moves or 
possesses in the United States such product or article, whether he is 
the person who was required to have a permit for the product or article 
or a subsequent custodian of such product or article, and failure to 
comply with all applicable restrictions and requirements under this part 
by any such person shall be deemed to be a violation of this part.
    (d) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not regulate in foreign 
commerce any article, means of conveyance, plant, biological control 
organism, plant pest, noxious weed, or plant product in order to control 
a plant pest or noxious weed, to eradicate a plant pest or noxious weed, 
or to prevent the introduction or dissemination of a biological control 
organism, plant pest, or noxious weed.

[25 FR 1929, Mar. 5, 1960, as amended at 62 FR 65009, Dec. 10, 1997; 66 
FR 21059, Apr. 27, 2001; 75 FR 68952, Nov. 10, 2010]



Sec.  352.3  Enforcement and administration.

    (a) Plants, plant products, plant pests, noxious weeds, 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, noxious weeds, 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, noxious weeds, 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 
or noxious weed dissemination.

[25 FR 1929, Mar. 5, 1960, as amended at 66 FR 21059, Apr. 27, 2001; 75 
FR 68952, Nov. 10, 2010]



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.

[[Page 365]]

    (b) Other documentation. Any notifications, reports, and similar 
documentation not specified in the regulations in this part, but 
necessary to carry out the purpose of the regulations, will be 
prescribed in administrative instructions.
    (c) Procedure after examination of documents. After examination of 
the carrier cargo manifest or other documentation the inspector may 
notify the owner and the Customs officer that certain products or 
articles on board the carrier are subject to this part and may not be 
unloaded or landed for any purpose pending plant quarantine inspection. 
In such case the owner shall not unload or land such products or 
articles without authorization by an inspector.



Sec.  352.5  Permit; requirement, form and conditions.

    (a) General. (1) Permits are required for the arrival, unloading or 
landing, or other movement into or through the United States of plants, 
plant products, plant pests, noxious weeds, 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, noxious weeds, 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, noxious weeds, 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, noxious weeds, 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, 330, and 360 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, 
330, and 360 of this chapter upon arrival at the port where Customs 
entry is to be made and shall not be unloaded or landed unless

[[Page 366]]

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, noxious weeds, 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; 75 FR 68952, Nov. 10, 2010]



Sec.  352.6  Application for permit and approval or denial thereof.

    (a) Plants and plant products (including noxious weeds). Except as 
otherwise provided in this paragraph, any person desiring to unload or 
land, or otherwise move into or through the United States, any plants or 
plant products for which a specific permit is required by Sec.  352.5, 
shall in the case of prohibited plants or plant products, and should in 
the case of restricted plants or plant products, in advance of arrival 
in the United States of the plants or plant products, submit an 
application for a permit to the Plant Protection and Quarantine 
Programs, \1\ stating such of the following information as is relevant: 
The name and address of the importer, the approximate quantity and kind 
of plants and plant products it is desired to import under this part, 
the country where grown, the United States port of arrival, the United 
States port of export, the proposed routing from the port of arrival to 
the port of exportation, means of transportation to be employed (i.e., 
mail, air mail, express, air express, freight, air freight, baggage), 
and the name and address of the agent representing the importer. 
Applications may be made on forms provided for the purpose by the Plant 
Protection and Quarantine Programs, or orally, or by letter, telegram, 
or other means of communication furnishing all the information required 
by this paragraph. Applications need not be made for shipments handled 
under general authorizations set forth in Sec.  352.5 (b), (c), or (d), 
or in Sec.  352.11.
---------------------------------------------------------------------------

    \1\ Application for such permits should be addressed to the Animal 
and Plant Health Inspection Service, Plant Protection and Quarantine, 
Port Operations, Permit Unit, 4700 River Road, Unit 136, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (b) Plant pests. Any person desiring to unload or land, or otherwise 
move into or through the United States, any plant pest for which a 
specific permit is required by Sec.  352.5 shall, in advance of the 
arrival of the plant pests in the United States, submit an application 
to the Plant Protection and Quarantine Programs \2\ for a permit as 
specified by Sec.  330.201 of this chapter.
---------------------------------------------------------------------------

    \2\ Application for permits should be made to the Plant Protection 
and Quarantine Programs, Animal and Plant Health Inspection Service, 
U.S. Department of Agriculture, Washington, DC 20250.
---------------------------------------------------------------------------

    (c) Soil. Any person desiring to bring into or unload or land, or 
otherwise 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

[[Page 367]]

pest or noxious weed 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 or noxious weed 
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; 75 FR 68952, Nov. 10, 2010]



Sec.  352.7  Notice of arrival.

    Immediately upon arrival of any shipment of plants or plant products 
(including noxious weeds) subject to this part and covered by a specific 
permit, the importer shall submit to an inspector notice of such arrival 
using a form provided for that purpose (Form PPQ-368) and, where 
relevant, the proposed routing to the proposed U.S. port of exit. Forms 
will be submitted using a U.S. Government electronic information 
exchange system or other authorized method. 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)

[81 FR 40150, June 21, 2016]



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, noxious weeds, 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.

[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010]



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 parts 319, 330, or 360 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

[[Page 368]]

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 or noxious weed dissemination. In 
the case of prohibited or restricted products or articles subject to 
this part which are unloaded or landed for transshipment and exportation 
or transportation and exportation, or for onward movement to the port of 
entry as residue cargo or under a Customs entry for immediate 
transportation, this shall include necessary safeguards with respect to 
any movement within the port area between the point of arrival and the 
point of temporary storage, other handling, or point of departure, 
including a foreign trade zone. Prohibited and restricted products and 
articles subject to this part which are unloaded or landed for 
transshipment and exportation or transportation and exportation, or for 
onward movement as residue cargo or under a Customs entry for immediate 
transportation, shall be transshipped, or transported and exported from 
the United States, or moved onward immediately. This shall mean the 
shortest practicable interval of time commensurate with the risk of 
plant pest or noxious weed 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 or noxious weed 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 
parts 319, 330, or 360 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, 330, or 
360 of this chapter and this part shall be considered. The safeguards 
prescribed shall be the minimum required to prevent plant pest or 
noxious weed 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 or noxious weed 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

[[Page 369]]

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 or noxious weed 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 in accordance with part 305 of this 
chapter, or for incineration or other destruction.
    (ix) Availability of transportation facilities for immediate 
exportation.
    (x) Any other related factor which should be considered, such as 
intent to export to an adjacent or nearby country.
    (c) Disposal. (1) If prohibited or restricted products or articles 
subject to this part are not safeguarded in accordance with measures 
prescribed under this part, or cannot be adequately safeguarded to 
prevent plant pest or noxious weed 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; 75 FR 4253, Jan. 26, 2010; 75 FR 68952, Nov. 10, 2010]



Sec.  352.11  Mail.

    (a) Transit mail. (1) Plants, plant products, plant pests, noxious 
weeds, 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.

[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010]



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, noxious weeds, and soil 
released

[[Page 370]]

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 parts 319, 330, or 360 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; 75 FR 68952, Nov. 10, 2010]



Sec.  352.14  Costs.

    All costs incident to the inspection, handling, safeguarding, or 
other disposal of prohibited or restricted products or articles under 
the provisons in this part shall be borne by the owner. Services of the 
inspector during regularly assigned hours of duty at the usual places of 
duty shall be furnished without cost to the person requesting the 
services, unless a user fee is payable under Sec.  354.3 of this 
chapter.

[56 FR 14844, Apr. 12, 1991]



Sec.  352.15  Caution.

    In applying safeguards or taking other measures prescribed under the 
provisions in this part, it should be understood that inexactness or 
carelessness may result in injury or damage. It should also be 
understood by the owners that emergency measures prescribed by the 
inspector to safeguard against plant pest or noxious weed 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.

[25 FR 1929, Mar. 5, 1960, as amended at 75 FR 68952, Nov. 10, 2010]



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

[[Page 371]]

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 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 any treatment in accordance with part 
305 of this chapter 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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (ii) Boxes or cartons of fruit must be enclosed in sealed, 
refrigerated containers of the type commonly used by the maritime or 
commercial trucking

[[Page 372]]

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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 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.

[[Page 373]]

    (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 that meet the criteria of 
Sec.  319.56-5 for freedom from fruit flies in accordance with the 
applicable conditions in part 319 of this chapter.
    (f) Treated fruit. Oranges, tangerines, and grapefruit from Mexico 
that have been treated in Mexico in accordance with part 305 of this 
chapter may be moved through the United States ports for exportation in 
accordance with the regulations in part 319 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; 72 FR 
39528, July 18, 2007; 75 FR 4253, Jan. 26, 2010]



PART 353_EXPORT CERTIFICATION--Table of Contents



Sec.
353.1 Definitions.
353.2 Purpose and administration.
353.3 Where service is offered.
353.4 Products covered.
353.5 Application for certification.
353.6 Inspection.
353.7 Certificates.
353.8 Accreditation of non-government facilities.
353.9 Standards for accreditation of non-government facilities to 
          perform laboratory seed health testing and seed crop 
          phytosanitary inspection.

    Authority: 7 U.S.C. 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.
    Consignment. One shipment of plants or plant products, from one 
exporter, to one consignee, in one country, on

[[Page 374]]

one means of conveyance; or any mail shipment to one consignee.
    Export certificate for processed plant products. A certificate (PPQ 
Form 578 or an approved electronic equivalent) 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. An industry-issued certificate includes an ISPM 15 quality/
treatment mark.
    Inspector. An employee of the Animal and Plant Health Inspection 
Service, or a State or county plant regulatory official designated by 
the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plant 
products inspected under the Act.
    Non-government facility. A laboratory, research facility, inspection 
service, or other entity that is maintained, at least in part, for the 
purpose of providing laboratory testing or phytosanitary inspection 
services and that is not operated by the Federal Government or by the 
government of a State or a subdivision of a State.
    Office of inspection. The office of an inspector of plants and plant 
products covered by this part.
    Phytosanitary certificate. A certificate (PPQ Form 577 or an 
approved electronic equivalent) 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 
or an approved electronic equivalent) 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.

[[Page 375]]

    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; 72 FR 35917, July 2, 2007; 81 FR 40151, June 21, 
2016]



Sec.  353.2  Purpose and administration.

    The export certification program does not require certification of 
any exports, but does provide certification of plants and plant products 
as a service to exporters. After assessing the phytosanitary condition 
of the plants or plant products intended for export, relative to the 
receiving country's regulations, an inspector issues an internationally 
recognized phytosanitary certificate, a phytosanitary certificate for 
reexport, or an export certificate for processed plant products 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. An industry-issued certificate 
includes an ISPM 15 quality/treatment mark.

[61 FR 15368, Apr. 8, 1996, as amended at 64 FR 72264, Dec. 27, 1999; 72 
FR 35917, July 2, 2007; 81 FR 40151, June 21, 2016]



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

[[Page 376]]

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) shall be made as far in advance as possible, and shall be 
filed in the office of inspection at the port of certification. Forms 
will be submitted using a U.S. Government electronic information 
exchange system or other authorized method.
    (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; 72 
FR 35917, July 2, 2007; 81 FR 40151, June 21, 2016]



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

[[Page 377]]

regulatory agency. The required training must include instruction in 
inspection procedures, identification of plant pests of quarantine 
importance to importing countries, methods of collection and submission 
of specimens (organisms and/or plants or plant parts) for 
identification, and preparation and submission of inspection report 
forms approved by the State plant regulatory agency.
    (iv) Have access to Federal or State laboratories for the positive 
identification of plants pests detected.
    (3) No agents shall inspect any plants or plant products in which 
they or a member of their family are directly or indirectly financially 
interested.
    (b) Inspector. (1) An employee of the Animal and Plant Health 
Inspection Service, or a State or county regulatory official designated 
by the Secretary of Agriculture to inspect and certify to shippers and 
other interested parties, as to the phytosanitary condition of plants 
and plant products inspected under the Act.
    (2) To be eligible for designation as an inspector, a State or 
county plant regulatory official must:
    (i) Have a bachelor's degree in the biological sciences, and a 
minimum of 1 year's experience in Federal, State or county plant 
regulatory activities, or a combination of higher education in the 
biological sciences and experience in State plant regulatory activities, 
as follows:

0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.

The years of education and experience do not have to be acquired 
consecutively.

    (ii) Successfully complete, as indicated by receipt of a passing 
grade, the Animal and Plant Health Inspection Service training course on 
phytosanitary certification.
    (3) No inspectors shall inspect any plants or plant products in 
which they or a member of their family are directly or indirectly 
financially interested.
    (c) Applicant responsibility. (1) When the services of an agent or 
an inspector are requested, the applicant shall make the plant or plant 
product accessible for inspection and identification and so place the 
plant or plant product to permit physical inspection of the lot for 
plant pests.
    (2) The applicant must furnish all labor involved in the inspection, 
including the moving, opening, and closing of containers.
    (3) Certificates may be refused for failure to comply with any of 
the foregoing provisions.



Sec.  353.7  Certificates.

    (a) Phytosanitary certificate (PPQ Form 577). (1) For each 
consignment of domestic plants or unprocessed plant products for which 
certification is requested, the inspector shall sign and issue a 
separate certificate based on the findings of the inspection.
    (2) The original certificate shall immediately upon its issuance be 
delivered or mailed to the applicant or a person designated by the 
applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification, and one forwarded to the 
Administrator.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec.  353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections for 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.

[[Page 378]]

    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec.  353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections/processing used for previous certifications.
    (c) Phytosanitary certificate for reexport (PPQ Form 579). (1) For 
each consignment of foreign origin plants or unprocessed plant products 
for which certification is requested, the inspector shall sign and issue 
a certificate based on the original foreign phytosanitary certificate 
and/or additional inspection or treatment in the United States after 
determining that the consignment conforms to the current phytosanitary 
regulations of the receiving country and has not been subjected to the 
risk of infestation or infection during storage in the United States.
    (2) The original certificate shall immediately upon its issuance be 
delivered or mailed to the applicant or a person designated by the 
applicant.
    (3) One copy of each certificate shall be filed in the office of 
inspection at the port of certification, and one forwarded to the 
Administrator.
    (4) The Administrator may authorize inspectors to issue certificates 
on the basis of inspections made by cooperating Federal, State, and 
county agencies. The Administrator may also authorize inspectors to 
issue a certificate on the basis of a laboratory test or an inspection 
performed by a non-government facility accredited in accordance with 
Sec.  353.8.
    (5) Inspectors may issue new certificates on the basis of 
inspections for previous certifications when the previously issued 
certificates can be canceled before they have been accepted by the 
phytopathological authorities of the country of destination involved.
    (d) Industry-issued certificate. A certificate issued under the 
terms of a written agreement between the Animal and Plant Health 
Inspection Service and an agricultural or forestry company or 
association giving assurance that a plant product has been handled, 
processed, or inspected in a manner required by a foreign government. An 
industry-issued certificate includes an ISPM 15 quality/treatment mark. 
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

[[Page 379]]

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.

(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; 72 FR 35917, July 
2, 2007]



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

[[Page 380]]

upon oral or written notification, whichever is earlier, to the operator 
of the facility. In the event of oral notification, written confirmation 
will be given as promptly as circumstances allow. This withdrawal will 
continue in effect pending the completion of the proceeding, and any 
judicial review thereof, unless otherwise ordered by the Administrator.
    (3) The Administrator will withdraw the accreditation of a non-
government facility if the operator of the facility informs APHIS in 
writing that the facility wishes to terminate its accredited status.
    (4) A non-government facility whose accreditation has been denied or 
withdrawn may reapply for accreditation using the application procedures 
in paragraph (b) of this section. If the facility's accreditation was 
denied or withdrawn under the provisions of paragraph (a)(2) of this 
section, the facility operator must include with the application written 
documentation specifying what actions have been taken to correct the 
conditions that led to the denial or withdrawal of accreditation.
    (5) All information gathered during the course of a non-government 
facility's assessment and during the term of its accreditation will be 
treated by APHIS with the appropriate level of confidentiality, as set 
forth in the U.S. Department of Agriculture's administrative regulations 
in Sec.  1.11 of this title.
    (b) Criteria for accreditation of non-government facilities. (1) 
Specific standards for accreditation in a particular area of laboratory 
testing or phytosanitary inspection are set forth in this part and may 
be obtained by writing to APHIS. If specific standards for accreditation 
in a particular area of laboratory testing or phytosanitary inspection 
have not been promulgated by APHIS, and the Administrator determines 
that accreditation in that area is practical, APHIS will develop 
appropriate standards applicable to accreditation in the area for which 
the non-government facility is seeking accreditation and publish a 
notice of proposed rulemaking in the Federal Register to inform the 
public and other interested persons of the opportunity to comment on and 
participate in the development of those standards.
    (2) The operator of a non-government facility seeking accreditation 
to conduct laboratory testing or phytosanitary inspection shall submit 
an application to the Administrator. 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

[[Page 381]]

services by reviewing the facility in the following areas:
    (i) Physical plant. The facility's physical plant (e.g., laboratory 
space, office space, greenhouses, vehicles, etc.) must meet the criteria 
identified in the accreditation standards as necessary to properly 
conduct the laboratory testing or phytosanitary inspection services for 
which it seeks accreditation.
    (ii) Equipment. The facility's personnel must possess or have 
unrestricted access to the equipment (e.g., microscopes, computers, 
scales, triers, etc.) identified in the accreditation standards as 
necessary to properly conduct the laboratory testing or phytosanitary 
inspection services for which it seeks accreditation. The calibration 
and monitoring of that equipment must be documented and conform to 
prescribed standards.
    (iii) Methods of testing or inspection. The facility must have a 
quality manual or equivalent documentation that describes the system in 
place at the facility for the conduct of the laboratory testing or 
phytosanitary inspection services for which the facility seeks 
accreditation. The manual must be available to, and in use by, the 
facility personnel who perform the services. The methods and procedures 
followed by the facility to conduct the laboratory testing or 
phytosanitary inspection services for which it seeks accreditation must 
be commensurate with those identified in the accreditation standards and 
must be consistent with or equivalent to recognized international 
standards for such testing or inspection.
    (iv) Personnel. The management and facility personnel accountable 
for the laboratory testing or phytosanitary inspection services for 
which the facility is seeking accreditation must be identified and must 
possess the training, education, or experience identified in the 
accreditation standards as necessary to properly conduct the testing or 
inspection services for which the facility seeks accreditation, and that 
training, education, or experience must be documented.
    (4) To retain accreditation, the facility must agree to:
    (i) Observe the specific standards applicable to its area of 
accreditation;
    (ii) Be assessed and evaluated on a periodic basis by means of 
proficiency testing or check samples;
    (iii) Demonstrate on request that it is able to perform the tests or 
inspection services representative of those for which it is accredited;
    (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

[[Page 382]]

APHIS, before APHIS' services will be completed. After a final audit at 
the conclusion of the pre-accreditation assessment, any overpayment of 
funds will be returned to the operator of the facility or held on 
account until needed for future activities related to the maintenance of 
the facility's accreditation.

(Approved by the Office of Management and Budget under control number 
0579-0130)

[64 FR 1105, Jan. 8, 1999, as amended at 66 FR 37400, July 18, 2001]



Sec.  353.9  Standards for accreditation of non-government facilities
to perform laboratory seed health testing and seed crop phytosanitary 
inspection.

    (a) Application for accreditation, certification of accreditation, 
and monitoring of accredited facilities. A facility may apply to be 
accredited to perform laboratory seed health testing or seed crop 
phytosanitary inspection, or to renew such accreditation, by submitting 
an application in accordance with Sec.  353.8(b)(2) of this part. If 
there are portions of the application deemed to contain trade secret or 
confidential business information (CBI), each page of the application 
containing such information should be marked ``CBI Copy.'' The 
application must be accompanied by a copy of the facility's quality 
manual and a nonrefundable application fee of $1,000. The applicant must 
make additional deposits to cover the costs of gaining and maintaining 
accreditation into a trust fund established in accordance with Sec.  
353.8(c) of this part upon request by the Administrator.
    (1) Upon determining that a facility is eligible for accreditation, 
the Administrator will issue the facility a certificate of 
accreditation. Accreditation will be for a period of 3 years from the 
date of issuance of the certificate of accreditation and may be renewed 
by submitting a new application and application fee in accordance with 
this paragraph.
    (2) The Administrator may deny or withdraw accreditation in 
accordance with Sec.  353.8(a)(2) of this part. A facility may appeal 
denial of accreditation in accordance with Sec.  353.8(a)(2)(i) of this 
part, and may appeal withdrawal of accreditation in accordance with 
Sec.  353.8(a)(2)(ii) of this part.
    (3) A facility that has been denied accreditation or had its 
accreditation withdrawn may not reapply within 60 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:

[[Page 383]]

    (i) Seed crop phytosanitary inspections. Seed crop phytosanitary 
inspection may also include related activities such as collection of 
seed samples for later laboratory testing, visual inspection of seed 
just prior to export, and inspection of greenhouses or growth chambers 
where plants are grown for seed production, as well as visual inspection 
of seed crops. In the field, inspectors must use accurate field maps, 
hand lenses, and secure containers for the collection, storage, and 
transportation of samples. Inspectors must have direct access to a 
laboratory that is fully equipped to carry out any necessary diagnostic 
tests needed for field samples.
    (ii) Direct visual examination. Visual examination of seed requires 
a stereo microscope. Visual examination of tissue requires a compound 
light microscope. Visual examination of loosely attached or accompanying 
material requires a centrifuge and shaker.
    (iii) Incubation. Required equipment includes incubation chambers, 
laminar flow hoods, media preparation equipment, scales, pH meters, 
distilled and sterile water, gas burners, an autoclave, and the 
appropriate media for the specified tests.
    (iv) Grow-out tests. Grow-out tests require a greenhouse, growth 
chamber, or an outdoor quarantine location, and access to a laboratory 
that is fully equipped to carry out any required diagnostic tests.
    (v) Serological tests. These tests require grinding, extraction, and 
sample purification equipment; fluorescent microscopes; plate readers; 
spectrophotometers; and the appropriate assay materials; or the 
appropriate equipment to use field ready test kits.
    (vi) DNA probes. To conduct these tests, a laboratory must be 
equipped with polymerase chain reaction (PCR) equipment, including 
thermal cyclers, electrophoresis and gel blotting equipment, and the 
reagents and DNA polymerases necessary to conduct the PCR.
    (3) Methods of testing and inspection. The facility must conduct its 
laboratory seed health testing and seed crop phytosanitary inspection 
procedures in accordance with Reference Manual B. The facility must have 
a quality manual documenting its quality system for laboratory seed 
health testing and seed crop phytosanitary inspection procedures. The 
quality system must follow the general guidelines described in ANSI/ASQC 
Q90 01- 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]

[[Page 384]]



PART 354_OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER
FEES--Table of Contents



Sec.
354.1 Overtime work at border ports, sea ports, and airports.
354.2 Administrative instructions prescribing commuted traveltime.
354.3 User fees for certain international services.
354.4 User fees for certain domestic services.
354.5 Penalties for nonpayment or late payment of user fees.

    Authority: 7 U.S.C. 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 or U.S. Customs and Border 
Protection 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 or U.S. Customs and Border 
Protection 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), and (a)(3) 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          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $75                $75                $75
Sundays................................................                 99                 99                100
----------------------------------------------------------------------------------------------------------------

    (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 U.S. Customs and Border Protection, 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          Nov. 2, 2015-      Oct. 1, 2016-
                                                           Sept. 30, 2016     Sept. 30, 2017   Beginning Oct. 1,
                                                                                                      2017
----------------------------------------------------------------------------------------------------------------
Monday through Saturday and holidays...................                $64                $65                $65
Sundays................................................                 85                 86                 86
----------------------------------------------------------------------------------------------------------------
\1\ These charges exclude administrative overhead costs.


[[Page 385]]

    (2) Except as provided in paragraph (a)(3) of this section, a 
minimum charge of 2 hours shall be made for any Sunday or holiday or 
unscheduled overtime duty performed by an employee on a day when no work 
was scheduled for him or her, or which is performed by an employee on 
his or her regular workday beginning either at least 1 hour before his 
or her scheduled tour of duty or which is not in direct continuation of 
the employee's regular tour of duty. In addition, each such period of 
Sunday or holiday or unscheduled overtime work to which the 2-hour 
minimum charge provision applies may include a commuted traveltime 
period (CTT) the amount of which shall be prescribed in administrative 
instructions to be issued by the Administrator, Animal and Plant Health 
Inspection Service or U.S. Customs and Border Protection 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\ charge--     2-hour     Commuted \2\
                                 no minimum     guarantee    traveltime
                                                 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.

    (3) The overtime rate and all other charges, including minimum and 
commute compensation charges, to be billed for services provided by an 
employee of U.S. Customs and Border Protection shall be charged 
according to the provisions of this section, 5 CFR part 551, or 19 CFR 
24.16.
    (b) The Animal and Plant Health Inspection Service or U.S. Customs 
and Border Protection 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

[[Page 386]]

    (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 or U.S. Customs and Border Protection 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 or U.S. Customs and Border 
Protection 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 or U.S. Customs 
and Border Protection 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 or U.S. Customs and 
Border Protection will be resolved as soon as reasonably possible 
following the delivery of service, with the Animal and Plant Health 
Inspection Service or U.S. Customs and Border Protection 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 or U.S. 
Customs and Border Protection 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 or U.S. Customs and Border Protection 
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 or U.S. Customs and 
Border Protection inspector, and who has a debt to the Animal and Plant 
Health Inspection Service or U.S. Customs and Border Protection 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 or U.S. Customs 
and Border Protection 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 or U.S. Customs and 
Border Protection will be resolved as soon as reasonably possible 
following the delivery of service, with the Animal and Plant Health 
Inspection Service or U.S. Customs and Border Protection 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 or U.S. Customs and Border Protection 
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 or U.S. Customs and Border Protection 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; 80 FR 59566, Oct. 
2, 2015]



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

[[Page 387]]

period for the respective ports, stations, and areas in which employees 
are located. The prescribed commuted traveltime periods are set forth 
below:

                     Commuted Traveltime Allowances
                               [In hours]
------------------------------------------------------------------------
                                                      Metropolitan area
        Location covered            Served from--   --------------------
                                                     Within    Outside
------------------------------------------------------------------------
Alabama:
  Birmingham (including          Alabaster.........  ......            2
   Birmingham Municipal
   Airport).
  Birmingham (including          Pelham............  ......            2
   Birmingham Municipal
   Airport).
  Chickasaw....................  Mobile............  ......            2
  Huntsville...................  ..................       1
  Mobile.......................  ..................       2
  Montgomery...................  ..................       1
  Undesignated ports...........  ..................  ......            3
Alaska:
  Anchorage....................  ..................       1
  Seward.......................  Anchorage.........  ......            6
  Undesignated ports...........  ..................  ......            3
Arizona:
  Davis-Monthan AFB, Tucson....  Nogales...........  ......            4
  Douglas......................  ..................       1
  Douglas......................  Nogales...........  ......            6
  Fort Huachuca Army Base,       Douglas or Nogales  ......            3
   Sierra Vista.
  Fort Huachuca Army Base,       Tucson............  ......            4
   Sierra Vista.
  Nogales......................  ..................       2
  Phoenix......................  ..................       2
  Phoenix......................  Nogales...........  ......            6
  Phoenix......................  Tucson............  ......            5
  San Luis.....................  ..................       2
  Sasabe.......................  Nogales...........  ......            4
  Tucson.......................  ..................       1
  Tucson.......................  Nogales...........  ......            3
  Yuma International airport...  ..................       1
  Undesignated ports...........  ..................  ......            3
Arkansas:
  Dardanelle...................  Conway............  ......            3
  Dardanelle...................  Little Rock.......  ......            3
  Eaker AFB....................  Blytheville.......  ......            1
  Fort Smith...................  Conway............  ......            5
  Fort Smith...................  Little Rock.......  ......            6
  Helena.......................  Blytheville.......  ......            5
  Helena.......................  Little Rock.......  ......            5
  Little Rock..................  ..................       1
  Little Rock..................  Conway............  ......            2
  Little Rock AFB..............  ..................       2
  Little Rock AFB..............  Conway............  ......            2
  Osceola......................  Blytheville.......  ......            2
  Pine Bluff...................  Conway............  ......            4
  Pine Bluff...................  Little Rock.......       2
  Undesignated ports...........  ..................  ......            3
  West Memphis.................  Blytheville.......  ......            3
Bahamas:
  Nassau.......................  ..................       1
  Freeport.....................  ..................       1
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

[[Page 388]]

 
  Lemoore......................  Shafter...........  ......            5
  George AFB...................  Los Angeles.......  ......            4
  Hamilton AFB, Novato.........  Travis AFB........  ......            3
  Los Angeles (including San     ..................       2
   Pedro, Los Angeles Harbor,
   Los Angeles International
   Airport, Long Beach Harbor,
   and Long Beach Municipal
   Airport).
  March AFB....................  Los Angeles.......  ......            4
  March AFB....................  Ontario...........  ......            3
  Martinez.....................  San Francisco.....  ......            3
  Mather Field AFB.............  Travis AFB........  ......            3
  Mather Airfield..............  Sacramento........       3
  Mather AFB...................  Stockton..........  ......            3
  McClellan AFB................  Sacramento........       3
  McClellan AFB................  Stockton..........  ......            4
  McClellan AFB................  Travis AFB........  ......            3
  Merced/Atwater (Old Castle     Stockton..........  ......            3
   AFB).
  Moffett Field NAS, Sunnyside.  San Francisco.....  ......            3
  Moffett Field NAS, Sunnyside.  San Jose..........       2
  Monterey.....................  San Jose..........  ......            5
  Monterey.....................  San Francisco.....  ......            6
  Moss Beach Landing...........  San Jose..........  ......            4
  Norton AFB...................  Los Angeles.......  ......            4
  Ontario......................  Los Angeles.......  ......            3
  Palm Springs International     Ontario...........  ......            4
   Airport.
  Pittsburg....................  San Francisco.....  ......            4
  Port Chicago.................  San Francisco.....  ......            3
  Port Hueneme.................  Port Hueneme......       1
  Port Hueneme.................  San Pedro.........  ......            4
  Redwood City.................  San Francisco.....  ......            2
  Richmond.....................  San Francisco.....  ......            3
  Rodeo........................  San Francisco.....  ......            3
  Sacramento...................  ..................       1
  Sacramento...................  San Francisco.....  ......            5
  Sacramento...................  San Jose..........  ......            6
  Sacramento...................  Stockton..........  ......            3
  Sacramento...................  Travis AFB........  ......            2
  Sacramento International       Sacramento........       3
   Airport.
  Sacramento Metropolitan        Stockton..........  ......            4
   Airport.
  Sacramento Metropolitan        Travis AFB........  ......            3
   Airport.
  Sacramento Seaport...........  Sacramento........       2
  San Bernardino International   Ontario...........  ......            2
   Airport (Old Norton AFB).
  San Diego (including Mexican   ..................       2
   border at San Ysidro; Brown,
   Gillespie, and Lindbergh
   Fields, Imperial Beach;
   North Island, Miramar and
   Naval and Civilian Maritime
   within the San Diego Unified
   Port District).
  San Diego....................  Los Angeles.......  ......            6
  San Francisco (including       ..................       2
   Alameda, Oakland, San
   Francisco International
   Airport, and Oakland
   International Airport).
  San Francisco................  San Jose..........  ......            4
  San Jose.....................  ..................       2
  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).

[[Page 389]]

 
Colorado:
  Denver (including Stapleton    ..................       2
   International Airport).
  Ent AFB (Peterson Field).....  Denver............  ......            5
  Stapleton International        Ft. Collins.......  ......            4
   Airport.
Connecticut:
  Bridgeport...................  Groton............  ......            4
  Bridgeport...................  Wallingford.......  ......            2
  Bridgeport...................  Warwick, RI.......  ......            6
  Bridgeport...................  Windsor Locks.....  ......            4
  Groton (including New London)  Wallingford.......  ......            4
  Groton (including New London)  Warwick, RI.......  ......            4
  Groton (including New London)  Windsor Locks.....  ......            4
  Groton (including New London)  ..................       2
  New Haven....................  Groton............  ......            3
  New Haven....................  Wallingford, CT...  ......            1
  New Haven....................  Warwick, RI.......  ......            6
  New Haven....................  Windsor Locks.....  ......            3
  Windsor Locks (including       ..................       1
   Bradley Field).
  Windsor Locks (including       Boston, MA........  ......            6
   Bradley Field).
  Windsor Locks (including       Groton............  ......            4
   Bradley Field).
  Windsor Locks (including       Hadley, MA........  ......            2
   Bradley Field).
  Windsor Locks (including       Wallingford.......  ......            3
   Bradley Field).
  Windsor Locks (including       Warwick, RI.......  ......            6
   Bradley Field).
  Undesignated ports...........  ..................  ......            3
Delaware:
  Dover........................  ..................       1
  Dover........................  Wilmington........  ......       3\1/2\
  Wilmington (including NCCA,    ..................       2
   Delaware City, and Claymont).
  Wilmington (including NCCA,    Dover.............  ......            3
   Delaware City, and Claymont).
  Wilmington...................  Philadelphia, PA..  ......            3
  Wilmington...................  Baltimore, MD.....  ......            5
  Wilmington...................  Bridgeton.........  ......            3
  Wilmington...................  Trenton...........  ......            3
District of Columbia:
  Washington, DC Metropolitan    Andrews AFB, MD...       2
   area (including Arlington
   and Alexandria, VA; Andrews
   AFB, MD; and Washington Navy
   Yard).
  Washington, DC Metropolitan    Baltimore, 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..................  Mobile, AL........       7

[[Page 390]]

 
  Panama City..................  Pensacola.........  ......            5
  Patrick AFB..................  ..................       1
  Pensacola....................  ..................       1
  Pensacola....................  Mobile, AL........  ......            3
  Pensacola....................  Panama City.......  ......            5
  Pompano Beach................  Fort Lauderdale...  ......            3
  Port Canaveral...............  ..................       1
  Port Everglades..............  ..................       2
  Port St. Joe.................  Panama City.......  ......            2
  Port St. Joe.................  Pensacola.........  ......            6
  St. Petersburg/Clearwater....  Tampa.............       2
  Tampa........................  ..................       2
  West Palm Beach..............  ..................       1
  Undesignated ports...........  ..................  ......            3
Georgia:
  Atlanta......................  ..................       2
  Brunswick....................  ..................       2
  Brunswick....................  Savannah..........  ......            4
  Columbus.....................  Atlanta...........  ......            4
  Marietta.....................  Atlanta...........  ......            2
  St. Mary's...................  Brunswick.........  ......            3
  St. Mary's...................  Jacksonville, FL..  ......            3
  Savannah.....................  ..................       2
  Undesignated ports...........  ..................  ......            3
Hawaii:
  Barbers Point NAS............  Honolulu..........  ......            2
  Barking Sands NAS............  Lihue.............  ......            3
  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
  Undesignated ports...........  ..................       3
Indiana:
  Burns Harbor (including Gary)  Frankfort.........  ......            5

[[Page 391]]

 
  Evansville...................  Franklin..........  ......            6
  Gary.........................  Hanna.............  ......            2
  Indianapolis.................  Frankfort.........  ......            3
  Indianapolis.................  Franklin..........  ......            2
  Indianapolis.................  ..................       1
  Mount Vernon.................  Franklin..........  ......            6
  Undesignated ports...........  ..................  ......            3
Iowa:
  Davenport....................  Des Moines........  ......            6
  Des Moines...................  ..................       1
  Soiux City...................  Des Moines........  ......            6
  Undesignated ports...........  Des Moines........  ......            6
Kansas:
  Johnson County Industrial....  Kansas City, MO...  ......            2
  Topeka.......................  Kansas City, MO...  ......            3
  Topeka.......................  Wichita...........  ......            6
  Wichita......................  ..................  1\1/2\
Kentucky:
  Covington....................  Lexington.........  ......            4
  Fort Campbell................  Brentwood, TN.....  ......            4
  Fort Campbell................  Jackson, TN.......  ......            5
  Greater Cincinnati Airport...  Erlanger, KY......       2
  Greater Cincinnati Airport...  Louisville, KY....       1
  Greater Cincinnati Airport...  Louisville, KY....  ......            4
  Louisville...................  Erlanger..........  ......            4
  Louisville...................  Lexington.........  ......            4
  Undesignated ports...........  ..................  ......            3
Louisiana:
  Barksdale AFB, Shreveport....  Baton Rouge.......  ......            6
  Barksdale AFB, Shreveport....  Monroe............  ......            4
  Barksdale AFB................  Shreveport........  ......       1\1/2\
  Baton Rouge (including Port    ..................       2
   Allen).
  Buras........................  New Orleans.......  ......            4
  Burnside.....................  Baton Rouge.......  ......            3
  Cameron......................  Lake Charles......  ......            3
  Carlyss......................  Lake Charles......  ......            2
  Clifton Ridge................  Lake Charles......  ......            2
  Convent......................  Baton Rouge.......  ......            3
  Donaldsonville...............  Baton Rouge.......  ......            3
  England Air Park.............  Baton Rouge.......  ......            5
  England Air Park.............  Shreveport........  ......            5
  England Air Park.............  Monroe............  ......            4
  Fouchon......................  New Orleans.......  ......            5
  Geismar......................  Baton Rouge.......  ......            2
  Hackberry....................  Lake Charles......  ......            2
  Lake Charles.................  Baton Rouge.......  ......            5
  Lake Charles.................  Port Arthur, TX...  ......            3
  Lake Charles.................  ..................       1
  Morgan City..................  New Orleans.......  ......            4
  New Orleans..................  ..................       2
  Ostrica......................  New Orleans.......  ......            4
  Plaquemine...................  Baton Rouge.......  ......            2
  Port of Tallulah.............  Baton Rouge.......  ......            6
  Port of Tallulah.............  West Monroe.......  ......            3
  St. Gabriel..................  Baton Rouge.......  ......            2
  St. James....................  Baton Rouge.......  ......            3
  Uncle Sam....................  Baton Rouge.......  ......            3
  Venice.......................  New Orleans.......  ......            4
  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

[[Page 392]]

 
  Brunswick NAS................  Augusta...........  ......            2
  Bucksport....................  Bangor............  ......            2
  Cousins Island...............  Portland..........  ......            1
  Eastport.....................  Bangor............  ......            6
  Harpswell....................  Portland..........  ......            2
  Kittery......................  Portland..........  ......            3
  Portland.....................  ..................       1
  Portland.....................  Augusta...........  ......            3
  Portland.....................  Manchester, NH....  ......            6
  Searsport....................  Augusta...........  ......            4
  Searsport....................  Bangor............  ......            3
  Wiscasset....................  Portland..........  ......            3
  Winterport...................  Bangor............  ......            2
  Undesignated ports...........  ..................  ......            3
Maryland:
  Aberdeen Proving Ground......  Baltimore.........  ......            3
  Andrews AFB..................  ..................       2
  Andrews AFB..................  Baltimore.........  ......       3\1/2\
  Andrews AFB..................  Beltvsille........       2
  Andrews AFB..................  Dulles              2\1/2\
                                  International
                                  Airport, VA.
  Annapolis....................  Baltimore.........  ......            3
  Baltimore....................  ..................       3
  Baltimore                      Andrews AFB.......  ......       3\1/2\
  Cambridge....................  Baltimore.........  ......            4
  Cambridge....................  Dover, DE.........  ......            4
  Piney Point..................  Baltimore.........  ......            5
  Piney Point..................  Beltsville........  ......            4
  Salisbury....................  Dover, DE.........  ......            3
  Salisbury....................  Baltimore.........  ......            4
  Undesignated ports...........  Dover, DE, or       ......            3
                                  Dulles
                                  International
                                  Airport, VA.
    (For other points in
     Maryland, see DC listing)
Massachusetts:
  Boston.......................  ..................       3
  Boston.......................  New Bedford.......  ......            5
  Fall River...................  Boston............  ......            5
  Fall River...................  New Bedford.......  ......            2
  Fall River...................  Warwick, RI.......  ......            3
  Gloucester...................  Boston............  ......            4
  New Bedford..................  ..................       1
  New Bedford..................  Boston............  ......            5
  New Bedford..................  Warwick, RI.......  ......            3
  Otis ANG/CGNS................  Boston............  ......            6
  Otis ANG/CGNS................  New Bedford.......  ......            3
  Otis ANG/CGNS................  Warwick, RI.......  ......            5
  Plymouth.....................  Warwick, RI.......  ......            3
  Provincetown.................  Warwick, RI.......  ......            6
  Sandwich.....................  Boston............  ......            6
  Sandwich.....................  New Bedford.......  ......            3
  Sandwich.....................  Warwick, RI.......  ......            4
  Somerset.....................  Boston............  ......            4
  Somerset.....................  New Bedford.......  ......            2
  Westover AFB.................  Boston............  ......            6
  Westover AFB.................  Hadley............  ......       1\1/2\
  Westover AFB.................  Windsor Locks, CT.  ......            2
  Woods Hole...................  Boston............  ......            6
  Woods Hole...................  New Bedford.......  ......            3
  Woods Hole...................  Warwick, RI.......  ......            5
  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

[[Page 393]]

 
  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
  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.......................  ..................       2
  Duluth.......................  Minneapolis.......  ......            6
  Minneapolis-St. Paul.........  ..................       2
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

[[Page 394]]

 
  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
  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

[[Page 395]]

 
  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
  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

[[Page 396]]

 
  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.
  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

[[Page 397]]

 
  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
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).

[[Page 398]]

 
  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
  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

[[Page 399]]

 
  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
  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.

[[Page 400]]

 
  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 at www.govinfo.gov.



Sec.  354.3  User fees for certain international services.

    (a) Definitions. Whenever in this section the following terms are 
used, unless the context otherwise requires, they shall be construed, 
respectively, to mean:
    APHIS. The Animal and Plant Health Inspection Service of the United 
States Department of Agriculture.
    Arrival. Arrival at a port of entry in the customs territory of the 
United States, or at any place served by a port of entry as specified in 
19 CFR 101.3.
    Barge. A non-self-propelled commercial vessel that transports cargo 
that is not contained in shipping containers. This does not include 
integrated tug barge combinations.
    Calendar year. The period from January 1 to December 31, inclusive, 
of any particular year.
    Certificate. Any certificate issued by or on behalf of APHIS 
describing the condition of a shipment of plants or plant products for 
export, including but not limited to Phytosanitary Certificate (PPQ Form 
577), Export Certificate for Processed Plant Products (PPQ Form 578), 
and Phytosanitary Certificate for Reexport (PPQ Form 579).
    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.
    Person. An individual, corporation, partnership, trust, association, 
or any other public or private entity, or any officer, employee, or 
agent thereof.
    (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

[[Page 401]]

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 is shown in the following table. The AQI user 
fee shall be collected at each port of arrival.

------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................      $825
------------------------------------------------------------------------

    (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, or taken on any stores;
    (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 fuel, sea stores, or 
ship's stores; and
    (v) Tugboats towing vessels on the Great Lakes.
    (vi) Barges traveling solely between the United States and Canada 
that do not carry cargo originating from countries other than the United 
States or Canada and do not carry plants or plant products, or animals 
or animal products, and that do not carry soil or quarry products from 
areas in Canada listed in Sec.  319.77-3 of this chapter as being 
infested with gypsy moth.
    (vii) Vessels returning to the United States after traveling to 
Canada solely to take on fuel.
    (c) Fee for inspection of commercial trucks. (1) The driver or other 
person in charge of a commercial truck that is enteing the customs 
territory of the United States and that is subject to inspection under 
part 330 of this chapter or under 9CFR, chapter I, subchapter D, must, 
upon arrival, proceed to Customs and pay and AQI user fee for each 
arrival, as shown in the following table:

------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................     $7.55
------------------------------------------------------------------------

    (2) [Reserved]
    (3) Prepayment.
    (i) The owner or operator of a commercial truck, if entering the 
customs territory of the United States 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 40 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.

[[Page 402]]



------------------------------------------------------------------------
                        Effective date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................        $2
------------------------------------------------------------------------

    (2) The following categories of commercial railroad cars are exempt 
from paying an AQI user fee:
    (i) Any commercial railroad car that is part of a train whose 
journey originates and terminates in Canada if--
    (A) The commercial railroad car is part of the train when the train 
departs Canada; 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 the United States.
    (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 979044, St. Louis, MO 63197-
9000, 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 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 979044, St. Louis, MO 63197-9000.
    (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 979044, St. Louis, MO 63197-
9000, 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 date                           Amount
------------------------------------------------------------------------
Beginning December 28, 2015..................................      $225
------------------------------------------------------------------------


[[Page 403]]

    (2) The following categories of commercial aircraft are exempt from 
paying an AQI user fee:
    (i) [Reserved]
    (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 979044, St. Louis, MO 63197-
9000, 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 979044, St. Louis, MO 63197-9000. 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 979044, St. 
Louis, MO 63197-9000, 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 404]]

    (f) Fee for inspection of international passengers. (1) Except as 
specified in paragraph (f)(2) of this section, each passenger aboard a 
commercial aircraft or cruise ship 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 will apply to tickets purchased 
beginning December 28, 2015. The fees are shown in the following table:

------------------------------------------------------------------------
         Effective dates \1\                Passenger type       Amount
------------------------------------------------------------------------
Beginning December 28, 2015..........  Commercial aircraft....     $3.96
Beginning December 28, 2015..........  Cruise ship............      1.75
------------------------------------------------------------------------
\1\ Persons who issue international airline and cruise line tickets or
  travel documents are responsible for collecting the AQI international
  airline passenger user fee and the international cruise ship 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 or cruise line must collect the user fee that is applicable at
  the time of departure from the passenger upon departure.

    (2) The following categories of passengers are exempt from paying an 
AQI user fee:
    (i) Crew members onboard for purposes related to the operation of 
the vessel;
    (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

[[Page 405]]

passengers shall be accounted for separately and shall be regarded as 
trust funds held by the person possessing such fees as agents, for the 
beneficial interest of the United States. All such user fees held by any 
person shall be property in which the person holds only a possessory 
interest and not an equitable interest. As compensation for collecting, 
handling, and remitting the 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 979044, St. Louis, MO 63197-
9000. 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 979044, St. 
Louis, MO 63197-9000, 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 979044, St. Louis, MO 63197-9000. 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 979044, St. Louis, MO 63197-
9000, 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 979044, St. 
Louis, MO 63197-9000, 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 and cruise lines will not be 
charged reimbursable overtime for passenger inspection services required 
for any aircraft or cruise ship on which a passenger arrived who has 
paid the international passenger AQI user fee for that flight or cruise.

[[Page 406]]

    (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.
    (2) When the work necessary for the issuance of a certificate is 
performed by APHIS personnel on a Sunday or holiday, or at any other 
time outside the regular tour of duty of the APHIS personnel issuing the 
certificate, in addition to the applicable user fee, the recipient must 
pay the applicable overtime rate in accordance with Sec.  354.1.
    (3)(i) Each exporter who receives a certificate issued on behalf of 
APHIS by a designated State or county inspector must pay an 
administrative user fee, as shown in the following table. The 
administrative fee can be remitted by the exporter directly to APHIS 
through the Phytosanitary Certificate Issuance and Tracking System 
(PCIT), provided that the exporter has a PCIT account and submits the 
application for the export certificate through the PCIT. If the PCIT is 
not used, the State or county issuing the certificate is responsible for 
collecting the fee and remitting it monthly to the U.S. Bank, United 
States Department of Agriculture, APHIS, AQI, P.O. Box 979043, St. 
Louis, MO 63197-9000.

------------------------------------------------------------------------
                                                     Amount per shipment
                                                   ---------------------
                  Effective dates                               PCIT not
                                                    PCIT used     used
------------------------------------------------------------------------
October 1, 2009, through September 30, 2010.......         $3         $6
October 1, 2010, through September 30, 2011.......          6         12
Beginning October 1, 2011.........................          6         12
------------------------------------------------------------------------

    (ii) The AQI user fees for an export or reexport certificate for a 
commercial shipment are shown in the following table.

------------------------------------------------------------------------
                                                                 Amount
                       Effective dates                            per
                                                                shipment
------------------------------------------------------------------------
October 1, 2009, through September 30, 2010..................        $77
October 1, 2010, through September 30, 2011..................        104
Beginning October 1, 2011....................................        106
------------------------------------------------------------------------

    (iii) The AQI user fees for an export or reexport certificate for a 
low-value commercial shipment are shown in the following table. A 
commercial shipment is a low-value commercial shipment if the items 
being shipped are identical to those identified on the certificate; the 
shipment is accompanied by an invoice which states that the items being 
shipped are worth less than $1,250; and the shipper requests that the 
user fee charged be based on the low value of the shipment.

------------------------------------------------------------------------
                                                                 Amount
                       Effective dates                            per
                                                                shipment
------------------------------------------------------------------------
October 1, 2009, through September 30, 2010..................        $42
October 1, 2010, through September 30, 2011..................         60
Beginning October 1, 2011....................................         61
------------------------------------------------------------------------

    (iv) The AQI user fees for an export or reexport certificate for a 
noncommercial shipment are shown in the following table.

------------------------------------------------------------------------
                                                                 Amount
                       Effective dates                            per
                                                                shipment
------------------------------------------------------------------------
October 1, 2009, through September 30, 2010..................        $42
October 1, 2010, through September 30, 2011..................         60
Beginning October 1, 2011....................................         61
------------------------------------------------------------------------

    (v) The AQI user fees for replacing any certificate are shown in the 
following table.

------------------------------------------------------------------------
                                                              Amount per
                      Effective dates                        certificate
------------------------------------------------------------------------
October 1, 2009, through September 30, 2010................         $11
October 1, 2010, through September 30, 2011................          15
Beginning October 1, 2011..................................          15
------------------------------------------------------------------------

    (4) If a designated State inspector issues a certificate, the State 
where the certificate is issued may charge for inspection services 
provided in that State.
    (5) 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

[[Page 407]]

togetherdelivery, \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.
    (h) Fee for conducting and monitoring treatments. (1) Each importer 
of a consignment of articles that require treatment upon arrival from a 
place outside of the customs territory of the United States, either as a 
preassigned condition of entry or as a remedial measure ordered 
following the inspection of the consignment, must pay an AQI user fee. 
The AQI user fee is charged on a per-treatment basis, i.e., if two or 
more consignments are treated together, only a single fee will be 
charged, and if a single consignment is split or must be retreated, a 
fee will be charged for each separate treatment conducted. The AQI user 
fee for each treatment is shown in the following table:

------------------------------------------------------------------------
                        Effective dates                          Amount
------------------------------------------------------------------------
Beginning December 28, 2015...................................       $47
Beginning December 28, 2016...................................        95
Beginning December 28, 2017...................................       142
Beginning December 28, 2018...................................       190
Beginning December 28, 2019...................................       237
------------------------------------------------------------------------

    (2) Treatment provider. (i) Private entities that provide AQI 
treatment services to importers are responsible for collecting the AQI 
treatment user fee from the importer for whom the service is provided. 
Treatment providers must collect the AQI treatment fee applicable at the 
time the treatment is applied.
    (ii) When AQI treatment services are provided by APHIS, APHIS will 
collect the AQI treatment fee applicable at the time the treatment is 
applied from the person receiving the services. 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.''
    (3) Collection of fees. (i) In cases where APHIS is not providing 
the AQI treatment and collecting the associated fee, AQI user fees 
collected from importers pursuant to this paragraph 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 
importers shall be accounted for separately and shall be regarded as 
trust funds held by the person possessing such fees as agents, for the 
beneficial interest of the United States. All such user fees held by any 
person shall be property in which the person holds only a possessory 
interest and not an equitable interest. As compensation for collecting, 
handling, and remitting the AQI treatment user fees, the person holding 
such user fees shall

[[Page 408]]

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 from the person holding 
such user fees for late remittance.
    (4) Remittance and statement procedures. (i) The treatment provider 
that collects the AQI treatment user fee must remit the fee to USDA, 
APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000.
    (ii) AQI treatment user fees must be remitted to [address to be 
added in final rule] 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).
    (iii) The remitter must mail with the remittance a written statement 
to USDA, APHIS, AQI, PO Box 979044, St. Louis, MO 63197-9000. 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.''
    (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; 72 
FR 70765, Dec. 13, 2007; 74 FR 32399, July 8, 2009; 75 FR 10644, Mar. 9, 
2010; 80 FR 66778, Oct. 29, 2015]



Sec.  354.4  User fees for certain domestic services.

    (a) Individual agreements for inspection services at ports of entry. 
(1) Operators and owners of vessels or aircraft, or their agents, may 
enter into agreements with APHIS to receive, at points of entry in the 
United States inspection services in addition to the regular or on-call 
services available in connection with such vessels or aircraft.
    (2) Agreements may be made to cover the following types of services;
    (i) Opening and operating a new inspection station at a port of 
entry; and
    (ii) Providing one-time or occasional inspection services at a 
location where

[[Page 409]]

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]



PART 355_ENDANGERED SPECIES REGULATIONS CONCERNING TERRESTRIAL
PLANTS--Table of Contents



                     Subpart_Purpose and Definitions

Sec.
355.1 Purpose.

[[Page 410]]

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 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.

[[Page 411]]

    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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (1) Date of application;
    (2) Applicant's name, mailing address, and telephone number;
    (3) If the applicant is an individual, the business affiliation, if 
any, having to do with the importation, exportation, or reexportation of 
terrestrial plants listed in 50 CFR 17.12 or 23.23;
    (4) If the applicant is in the name of a business or if the 
applicant is affiliated with a business which imports, exports, or 
reexports terrestrial plants listed in 50 CFR 17.12 or 23.23, the form 
of the business, e.g., corporation, firm, partnership; and the name and 
address of each partner, officer, director, holder, and owner of 10 
percent or more of the voting stock, and employee in a managerial or 
executive capacity;
    (5) The address of all applicants' business locations, including but 
not limited to locations of nurseries, growing fields, propagating beds, 
holding beds and similar facilities where activities relating to 
terrestrial plants listed in

[[Page 412]]

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 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

[[Page 413]]

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\
---------------------------------------------------------------------------

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

    (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 414]]

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 415]]

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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 416]]

credentials by an inspector or duly authorized representatives of the 
Secretary; during ordinary business hours of the person given notice, 
afford such inspector access to the person's place of business, the 
opportunity to examine the person's inventory of plants and the records 
required to be kept under paragraph (a) of this section, and the 
opportunity to copy such records. The use of a room, table, or other 
facilities (other than reproduction equipment) necessary for examination 
and copying of records and for such examination of inventory shall be 
afforded such inspector.
    (d) Any person engaged in business as an importer, exporter, or 
reexporter of terrestrial plants listed in 50 CFR part 17 or part 23, 
upon written request by the Deputy Administrator, shall submit within 60 
days of such request, a report concerning any of the information 
required to be maintained under paragraphs (a) and (b) of this section.

(Information collection requirements were approved by the Office of 
Budget and Management under control number 0579-0076)



PART 356_FORFEITURE PROCEDURES--Table of Contents



Sec.
356.1 Property subject to forfeiture procedures.
356.2 Appraisement.
356.3 Property valued at greater than $10,000; notice of seizure and 
          civil action to obtain forfeiture.
356.4 Property valued at $10,000 or less; notice of seizure and 
          administrative action to obtain forfeiture.
356.5 Bonded release.
356.6 Storage of property.
356.7 Petition for remission or mitigation of forfeiture.
356.8 Return procedure.
356.9 Filing of documents.

    Authority: 16 U.S.C. 1540(f), 16 U.S.C. 3374); 7 CFR 2.22, 2.80, 
371.3.

    Source: 49 FR 42916, Oct. 25, 1984, unless otherwise noted.



Sec.  356.1  Property subject to forfeiture procedures.

    This part sets forth procedures relating to the forfeiture of any 
plant, equipment, means of conveyance or other property \1\ seized under 
the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.) 
or the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), \2\ in 
possession (actual or constructive) of the United States Department of 
Agriculture, and subject to forfeiture under these Acts because of 
activities pertaining to the importation, exportation, or reexportation 
of terrestrial plants.
---------------------------------------------------------------------------

    \1\ Under section 11(e)(4) of the Endangered Species Act (``Act''; 
16 U.S.C. 1540(e)(4)) any such equipment and means of conveyance would 
be subject to forfeiture upon conviction of a criminal violation 
pursuant to section 11(b)(1) of the Act (16 U.S.C. 1540(b)(1)); however, 
such a plant may be subject to forfeiture regardless of whether a 
criminal conviction is obtained.
    \2\ Under section 5(a)(2) of the Lacey Act Amendments of 1981 (16 
U.S.C. 3374(a)(2)) USDA has authority to initiate forfeiture proceedings 
against all vessels, vehicles, aircraft, and other equipment used to aid 
in the importation or exportation of plants in a criminal violation of 
the Lacey Act Amendments of 1981 for which a felony conviction has been 
obtained if (a) the owner of such vessel, vehicle, aircraft, or 
equipment was at the time of the alleged illegal act a consenting part 
or privy thereto or in the exercise of due care should have known that 
such vessel, vehicle, aircraft, or equipment would be used in a criminal 
violation of the Lacey Act Amendments of 1981, and (b) the violation 
involved the sale or purchase of, the offer of sale or purchase of, or 
the intent to sell or purchase plants. However, under section 5(a)(1) of 
the Lacey Act Amendments of 1981 (16 U.S.C. 3474(a)(1) plants seized for 
violations of the Amendments are subject to forfeiture regardless of 
whether a civil penalty assessment or criminal conviction is obtained.

[49 FR 46336, Nov. 26, 1984]



Sec.  356.2  Appraisement.

    Promptly following the seizure or other receipt of property 
specified in Sec.  356.1, the Deputy Administrator shall determine the 
retail value of such property in the same quantity or quantities as 
seized. If the property may lawfully be sold in the United States, the 
value thereof shall be determined by ascertaining the price at which the 
property or similar property in the ordinary course of trade is freely 
offered for sale at the time of appraisement, and at a principal market 
as close as

[[Page 417]]

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 418]]

    (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 419]]

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 420]]

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 357_CONTROL OF ILLEGALLY TAKEN PLANTS--Table of Contents



Sec.
357.1 Purpose and scope.
357.2 Definitions.

    Authority: 16 U.S.C. 3371 et seq.; 7 CFR 2.22, 2.80, and 371.2(d).

    Source: 78 FR 40944, July 9, 2013, unless otherwise noted.



Sec.  357.1  Purpose and scope.

    The Lacey Act, as amended (16 U.S.C. 3371 et seq.), makes it 
unlawful to, among other things, import, export, transport, sell, 
receive, acquire, or purchase in interstate or foreign commerce any 
plant, with some limited exceptions, taken, possessed, transported or 
sold in violation of any Federal, State, tribal, or foreign law that 
protects plants. The Lacey Act also makes it unlawful to make or submit 
any false record, account, or label for, or any false identification of, 
any plant covered by the Act. In addition, the Act requires that 
importers submit a declaration at the time of importation for plants and 
plant products. Common cultivars (except trees) and common food crops 
are among the categorical exclusions to the provisions of the Act. The 
Act does not define the terms ``common cultivar'' and ``common food 
crop'' but instead gives authority to the U.S. Department of Agriculture 
and the U.S. Department of the Interior to define these terms by 
regulation. The regulations in this part provide the required 
definitions.



Sec.  357.2  Definitions.

    Artificial selection. The process of selecting plants for particular 
traits, through such means as breeding, cloning, or genetic 
modification.
    Commercial scale. Production, in individual products or markets, 
that is typical of commercial activity, regardless of the production 
methods or amount of production of a particular facility or the purpose 
of an individual shipment.
    Common cultivar. A plant (except a tree) that:

[[Page 421]]

    (1) Has been developed through artificial selection for specific 
morphological or physiological characteristics; and
    (2) Is a species or hybrid, or a selection thereof, that is produced 
on a commercial scale; and
    (3) Is not listed:
    (i) In an appendix to the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
    (ii) As an endangered or threatened species under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.); or
    (iii) Pursuant to any State law that provides for the conservation 
of species that are indigenous to the State and are threatened with 
extinction.
    Common food crop. A plant that:
    (1) Is raised, grown, or cultivated for human or animal consumption; 
and
    (2) Is a species or hybrid, or a selection thereof, that is produced 
on a commercial scale; and
    (3) Is not listed:
    (i) In an appendix to the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249);
    (ii) As an endangered or threatened species under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.); or
    (iii) Pursuant to any State law that provides for the conservation 
of species that are indigenous to the State and are threatened with 
extinction.
    Plant. Any wild member of the plant kingdom, including roots, seeds, 
parts or products thereof, and including trees from either natural or 
planted forest stands.
    Tree. A woody perennial plant that has a well-defined stem or stems 
and a continuous cambium, and that exhibits true secondary growth.



PART 360_NOXIOUS WEED REGULATIONS--Table of Contents



Sec.
360.100 Definitions.
360.200 Designation of noxious weeds.
360.300 Notice of restrictions on movement of noxious weeds.
360.301 Information required for applications for permits to move 
          noxious weeds.
360.302 Consideration of applications for permits to move noxious weeds.
360.303 Approval of an application for a permit to move a noxious weed; 
          conditions specified in permit.
360.304 Denial of an application for a permit to move a noxious weed; 
          revocation of a permit to move a noxious weed.
360.305 Disposal of noxious weeds when permits are revoked.
360.400 Treatments.
360.500 Petitions to add a taxon to the noxious weed list.
360.501 Petitions to remove a taxon from the noxious weed lists.
360.600 Preemption of State and local laws.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, and 
371.3.



Sec.  360.100  Definitions.

    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.
    Administrator. The Administrator, Animal and Plant Health Inspection 
Service, or any individual authorized to act for the Administrator.
    APHIS. The Animal and Plant Health Inspection Service, United States 
Department of Agriculture.
    Department. The U.S. Department of Agriculture.
    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.
    Move. To carry, enter, import, mail, ship, or transport; to aid, 
abet, cause, or induce the carrying, entering, importing, mailing, 
shipping, or transporting; to offer to carry, enter, import, mail, ship, 
or transport; to receive to carry, enter, import, mail, ship, or 
transport; to release into the environment; or to allow any of the 
activities described in this definition.
    Noxious weed. Any plant or plant product that can directly or 
indirectly injure or cause damage to crops (including nursery stock or 
plant products), livestock, poultry, or other interests of agriculture, 
irrigation, navigation, the natural resources of the United States, the 
public health, or the environment.
    Permit. A written authorization, including by electronic methods, by 
the Administrator to move plants, plant products, biological control 
organisms, plant pests, noxious weeds, or articles

[[Page 422]]

under conditions prescribed by the Administrator.
    Person. Any individual, partnership, corporation, association, joint 
venture, or other legal entity.
    Plant Protection and Quarantine Programs. The Plant Protection and 
Quarantine Programs, Animal and Plant Health Inspection Service of the 
Department.
    Responsible person. The person who has control over and will 
maintain control over the movement of the noxious weed and assure that 
all conditions contained in the permit and requirements in this part are 
complied with. A responsible person must be at least 18 years of age and 
must be a legal resident of the United States or designate an agent who 
is at least 18 years of age and a legal resident of the United States.
    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.
    Taxon (taxa). Any grouping within botanical nomenclature, such as 
family, genus, species, or cultivar.
    Through the United States. From and to places outside the United 
States.
    United States. All of the States.

[41 FR 49988, Nov. 12, 1976, as amended at 75 FR 68953, Nov. 102, 2010]



Sec.  360.200  Designation of noxious weeds.

    The Administrator has determined that it is necessary to designate 
the following plants \1\ as noxious weeds to prevent their introduction 
into the United States or their dissemination within the United States:
---------------------------------------------------------------------------

    \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 subordinate taxa within the taxon. For example, 
taxa listed at the genus level include all species, subspecies, 
varieties, and forms within the genus; taxa listed at the species level 
include all subspecies, varieties, and forms within the species.
---------------------------------------------------------------------------

    (a) Aquatic and wetland weeds:

Azolla pinnata R. Brown (mosquito fern, water velvet)
Caulerpa taxifolia (Vahl) C. Agardh, Mediterranean strain (killer algae)
Eichhornia azurea (Swartz) Kunth
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 quinquenervia (Cavanilles) S.T. Blake
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 ceanothi Behr
    Cuscuta cephalanthi Engelmann
    Cuscuta compacta Jussieu
    Cuscuta coryli 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 exaltata 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 leptantha Engelmann
    Cuscuta mitriformis Engelmann

[[Page 423]]

    Cuscuta obtusiflora Kunth
    Cuscuta odontolepis Engelmann
    Cuscuta pentagona Engelmann
    Cuscuta planiflora Tenore
    Cuscuta plattensis A. Nelson
    Cuscuta polygonorum Engelmann
    Cuscuta rostrata Shuttleworth ex Engelmann & Gray
    Cuscuta runyonii Yuncker
    Cuscuta salina Engelmann
    Cuscuta sandwichiana Choisy
    Cuscuta squamata Engelmann
    Cuscuta suaveolens Seringe
    Cuscuta suksdorfii Yuncker
    Cuscuta tuberculata Brandegee
    Cuscuta umbellata Kunth
    Cuscuta umbrosa Beyrich ex Hooker
    Cuscuta veatchii 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:

Acacia nilotica (Linnaeus) Wildenow ex Delile (gum arabic tree, thorny 
acacia
Ageratina adenophora (Sprengel) King & Robinson (crofton weed)
Ageratina riparia (Regel) R.M. King and H. Robinson (creeping 
croftonweed, mistflower)
Alternanthera sessilis (Linnaeus) R. Brown ex de Candolle (sessile 
joyweed)
Arctotheca calendula (Linnaeus) Levyns (capeweed)
Asphodelus fistulosus Linnaeus (onionweed)
Avena sterilis Linnaeus (including Avena ludoviciana Durieu) (animated 
oat, wild oat)
Carthamus oxyacantha M. Bieberstein (wild safflower)
Chrysopogon aciculatus (Retzius) Trinius (pilipiliula)
Commelina benghalensis Linnaeus (Benghal dayflower)
Crupina vulgaris Cassini (common crupina)
Digitaria abyssinica (Hochstetter ex A. Richard) Stapf (African 
couchgrass, fingergrass)
Digitaria velutina (Forsskal) Palisot de Beauvois (velvet fingergrass, 
annual couchgrass)
Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes (lightning 
weed)
Emex australis Steinheil (three-cornered jack)
Emex spinosa (Linnaeus) Campdera (devil's thorn)
Euphorbia terracina Linnaeus (false caper, Geraldton carnation weed)
Galega officinalis Linnaeus (goatsrue)
Heracleum mantegazzianum Sommier & Levier (giant hogweed)
Imperata brasiliensis Trinius (Brazilian satintail)
Imperata cylindrica (Linnaeus) Palisot de Beauvois (cogongrass)
Inula britannica Linnaeus (British elecampane, British yellowhead)
Ischaemum rugosum Salisbury (murainograss)
Leptochloa chinensis (Linnaeus) Nees (Asian sprangletop)
Lycium ferocissimum Miers (African boxthorn)
Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper)
Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern)
Melastoma malabathricum Linnaeus
Mikania cordata (Burman f.) B. L. Robinson (mile-a-minute)
Mikania micrantha Kunth
Mimosa diplotricha C. Wright (giant sensitive-plant)
Mimosa pigra Linneaus var. pigra (catclaw mimosa)
Moraea collina Thunberg (apricot Cape-tulip)
Moraea flaccida (Sweet) Steudel (one-leaf Cape-tulip)
Moraea miniata Andrews (two-leaf Cape-tulip)
Moraea ochroleuca (Salisbury) Drapiez (red Cape-tulip)
Moraea pallida (Baker) Goldblatt (yellow Cape-tulip)
Nassella trichotoma (Nees) Hackel ex Arechavaleta (serrated tussock)
Onopordum acaulon Linnaeus (stemless thistle)
Onopordum illyricum Linnaeus (Illyrian thistle)
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

[[Page 424]]

Prosopis calingastana Burkart
Prosopis campestris Griseback
Prosopis castellanosii Burkart
Prosopis denudans Bentham
Prosopis elata (Burkart) Burkart
Prosopis farcta (Banks & Solander) J.F. 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) 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 pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) 
B.K. Simon (cattail grass)
Solanum torvum Swartz (turkeyberry)
Solanum viarum Dunal (tropical soda apple)
Spermacoce alata Aublet
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; 74 FR 53400, Oct. 19, 2009; 75 FR 68953, Nov. 10, 
2010]



Sec.  360.300  Notice of restrictions on movement of noxious weeds.

    No person may move a Federal noxious weed into or through the United 
States, or interstate, unless:
    (a) He or she applies for a permit to move a noxious weed in 
accordance with Sec.  360.301;
    (b) The permit application is approved; and
    (c) The movement is consistent with the specific conditions 
contained in the permit.

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

[75 FR 68954, Nov. 10, 2010]



Sec.  360.301  Information required for applications for permits
to move noxious weeds.

    (a) Permit to import a noxious weed into the United States. A 
responsible person must apply for a permit to import a noxious weed into 
the United States.\2\ The application must include the following 
information:
---------------------------------------------------------------------------

    \2\ Information on applying for a permit to import a noxious weed 
into the United States is available at http://www.aphis.usda.gov/
plant_health/permits/plantproducts.shtml.
---------------------------------------------------------------------------

    (1) The responsible person's name, address, telephone number, and 
(if available) e-mail address;
    (2) The taxon of the noxious weed;
    (3) Plant parts to be moved;
    (4) Quantity of noxious weeds to be moved per shipment;
    (5) Proposed number of shipments per year;
    (6) Origin of the noxious weeds;
    (7) Destination of the noxious weeds;
    (8) Whether the noxious weed is established in the State of 
destination;
    (9) Proposed method of shipment;
    (10) Proposed port of first arrival in the United States;
    (11) Approximate date of arrival;
    (12) Intended use of the noxious weeds;
    (13) Measures to be employed to prevent danger of noxious weed 
dissemination; and
    (14) Proposed method of final disposition of the noxious weeds.
    (b) Permit to move noxious weeds interstate. A responsible person 
must apply for a permit to move a noxious weed interstate. \3\ The 
application must include the following information:
---------------------------------------------------------------------------

    \3\ Information on applying for a permit to move a noxious weed 
interstate is available at http://www.aphis.usda.gov/plant_health/
permits/plantproducts.shtml.
---------------------------------------------------------------------------

    (1) The responsible person's name, address, telephone number, and 
(if available) e-mail address;
    (2) The taxon of the noxious weed;
    (3) Plant parts to be moved;

[[Page 425]]

    (4) Quantity of noxious weeds to be moved per shipment;
    (5) Proposed number of shipments per year,
    (6) Origin of the noxious weeds;
    (7) Destination of the noxious weeds;
    (8) Whether the noxious weed is established in the State of 
destination;
    (9) Proposed method of shipment,
    (10) Approximate date of movement;
    (11) Intended use of the noxious weeds;
    (12) Measures to be employed to prevent danger of noxious weed 
dissemination; and
    (13) Proposed method of final disposition of the noxious weeds.
    (c) Permits to move noxious weeds through the United States. Permits 
to move noxious weeds through the United States must be obtained in 
accordance with part 352 of this chapter.

[75 FR 68954, Nov. 10, 2010]



Sec.  360.302  Consideration of applications for permits to move
noxious weeds.

    Upon the receipt of an application made in accordance with Sec.  
360.301 for a permit for movement of a noxious weed into the United 
States or interstate, the Administrator will consider the application on 
its merits.
    (a) Consultation. The Administrator may consult with other Federal 
agencies or entities, States or political subdivisions of States, 
national governments, local governments in other nations, domestic or 
international organizations, domestic or international associations, and 
other persons for views on the danger of noxious weed dissemination into 
the United States, or interstate, in connection with the proposed 
movement.
    (b) Inspection of premises. The Administrator may inspect the site 
where noxious weeds 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 noxious weed 
dissemination if a permit is issued.

[75 FR 68954, Nov. 10, 2010]



Sec.  360.303  Approval of an application for a permit to move a
noxious weed; conditions specified in permit.

    The Administrator will approve or deny an application for a permit 
to move a noxious weed. If the application is approved, the 
Administrator will issue the permit including any conditions that the 
Administrator has determined are necessary to prevent dissemination of 
noxious weeds into the United States or interstate. Such conditions may 
include requirements for inspection of the premises where the noxious 
weed is to be handled after its movement under the permit, to determine 
whether the facilities there are adequate to prevent noxious weed 
dissemination and whether the conditions of the permit are otherwise 
being observed. Before the permit is issued, the Administrator will 
require the responsible person to agree in writing to the conditions 
under which the noxious weed will be safeguarded.

[75 FR 68954, Nov. 10, 2010]



Sec.  360.304  Denial of an application for a permit to move a noxious
weed; revocation of a permit to move a noxious weed.

    (a) The Administrator may deny an application for a permit to move a 
noxious weed when the Administrator determines that:
    (1) No safeguards adequate or appropriate to prevent dissemination 
of the noxious weed can be implemented; or
    (2) The destructive potential of the noxious weed, should it escape 
despite proposed safeguards, outweighs the probable benefits to be 
derived from the proposed movement and use of the noxious weed; or
    (3) The responsible person, or the responsible person's agent, as a 
previous permittee, failed to maintain the safeguards or otherwise 
observe the conditions prescribed in a previous permit and failed to 
demonstrate the ability or intent to observe them in the future; or
    (4) The movement could impede an APHIS eradication, suppression, 
control, or regulatory program; or
    (5) A State plant regulatory official objects to the issuance of the 
permit on the grounds that granting the permit

[[Page 426]]

will pose a risk of dissemination of the noxious weed into the State; or
    (6) The application for the permit contains information that is 
found to be materially false, fraudulent, or deceptive; or
    (7) APHIS may deny a permit to a person who has previously failed to 
comply with any APHIS regulation.
    (b) The Administrator may revoke any outstanding permit when:
    (1) After the issuance of the permit, information is received that 
constitutes cause for the denial of an application for permit under 
paragraph (a) of this section; or
    (2) The responsible person has not maintained the safeguards or 
otherwise observed the conditions specified in the permit.
    (c) If a permit is orally revoked, APHIS will provide the reasons 
for the withdrawal of the permit in writing within 10 days. Any person 
whose permit has been revoked or any person who has been denied a permit 
may appeal the decision in writing to the Administrator within 10 days 
after receiving the written notification of the revocation or denial. 
The appeal must state all of the facts and reasons upon which the person 
relies to show that the permit was wrongfully revoked or denied. The 
Administrator will 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 such a hearing will be 
adopted by the Administrator.

[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]



Sec.  360.305  Disposal of noxious weeds when permits are revoked.

    When a permit for the movement of a noxious weed is revoked by the 
Administrator and not reinstated under Sec.  360.304(c), further 
movement of the noxious weed covered by the permit into or through the 
United States, or interstate, is prohibited unless authorized by another 
permit. The responsible person must arrange for disposal of the noxious 
weed in question in a manner that the Administrator determines is 
adequate to prevent noxious weed dissemination. The Administrator may 
seize, quarantine, treat, apply other remedial measures to, destroy, or 
otherwise dispose of, in such manner as the Administrator deems 
appropriate, any noxious weed that is moved without compliance with any 
conditions in the permit or after the permit has been revoked whenever 
the Administrator deems it necessary in order to prevent the 
dissemination of any noxious weed into or within the United States.

[75 FR 68954, Nov. 10, 2010, as amended at 79 FR 19812, Apr. 10, 2014]



Sec.  360.400  Treatments.

    (a) Seeds of Guizotia abyssinica (niger seed) are commonly 
contaminated with noxious weed seeds listed in Sec.  360.200, including 
(but not limited to) Cuscuta spp. Therefore, Guizotia abyssinica seeds 
may be imported into the United States 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 \4\ 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 Sec.  
319.37-9(c) of this chapter 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.  319.37-9(c) of this chapter.
---------------------------------------------------------------------------

    \4\ Criteria for the approval of heat treatment facilities are 
contained in part 305 of this chapter.
---------------------------------------------------------------------------

    (b) [Reserved]

[75 FR 68955, Nov. 10, 2010, as amended at 83 FR 11867, Mar. 19, 2018]



Sec.  360.500  Petitions to add a taxon to the noxious weed list.

    A person may petition the Administrator to have a taxon added to the 
noxious weeds lists in Sec.  360.200. Details of the petitioning process 
for adding a

[[Page 427]]

taxon to the lists are available on the Internet at http://
www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/
listingguide.pdf. Persons who submit a petition to add a taxon to the 
noxious weed lists must provide their name, address, telephone number, 
and (if available) e-mail address. Persons who submit a petition to add 
a taxon to the noxious weed lists are encouraged to provide the 
following information, which can help speed up the review process and 
help APHIS determine whether the specified plant taxon should be listed 
as a noxious weed:
    (a) Identification of the taxon. (1) The taxon's scientific name and 
author;
    (2) Common synonyms;
    (3) Botanical classification;
    (4) Common names;
    (5) Summary of life history;
    (6) Native and world distribution;
    (7) Distribution in the United States, if any (specific States, 
localities, or Global Positioning System coordinates);
    (8) Description of control efforts, if established in the United 
States; and
    (9) Whether the taxon is regulated at the State or local level.
    (b) Potential consequences of the taxon's introduction or spread. 
(1) The taxon's habitat suitability in the United States (predicted 
ecological range);
    (2) Dispersal potential (biological characteristics associated with 
invasiveness);
    (3) Potential economic impacts (e.g., potential to reduce crop 
yields, lower commodity values, or cause loss of markets for U.S. 
goods); and
    (4) Potential environmental impacts (e.g., impacts on ecosystem 
processes, natural community composition or structure, human health, 
recreation patterns, property values, or use of chemicals to control the 
taxon).
    (c) Likelihood of the taxon's introduction or spread. (1) Potential 
pathways for the taxon's movement into and within the United States; and
    (2) The likelihood of survival and spread of the taxon within each 
pathway.
    (d) List of references.

[75 FR 68955, Nov. 10, 2010]



Sec.  360.501  Petitions to remove a taxon from the noxious weed lists.

    A person may petition the Administrator to remove a taxon from the 
noxious weeds lists in Sec.  360.200. Details of the petitioning process 
for removing a taxon from the lists are available at http://
www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/
delistingguide.pdf. Persons who submit a petition to remove a taxon from 
the noxious weed lists would be required to provide their name, address, 
telephone number, and (if available) e-mail address. Persons who submit 
a petition to remove a taxon from the noxious weed lists are encouraged 
to provide the following information, which can help speed up the review 
process and help APHIS determine whether the specified plant taxon 
should not be listed as a noxious weed:
    (a) Evidence that the species is distributed throughout its 
potential range or has spread too far to implement effective control.
    (b) Evidence that control efforts have been unsuccessful and further 
efforts are unlikely to succeed.
    (c) For cultivars of a listed noxious weed, scientific evidence that 
the cultivar has a combination of risk elements that result in a low 
pest risk. For example, the cultivar may have a narrow habitat 
suitability, low dispersal potential, evidence of sterility, inability 
to cross-pollinate with introduced wild types, or few if any potential 
negative impacts on the economy or environment of the United States.
    (d) List of references.

[75 FR 68955, Nov. 10, 2010]



Sec.  360.600  Preemption of State and local laws.

    (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a 
State or political subdivision of a State may not regulate in foreign 
commerce any noxious weed in order to control it, eradicate it, or 
prevent its dissemination. A State or political subdivision of a State 
also may not impose prohibitions or restrictions upon the movement in 
interstate commerce of noxious weeds if the Secretary has issued a 
regulation or order to prevent the dissemination of the noxious weed 
within

[[Page 428]]

the United States. The only exceptions to this are:
    (1) If the prohibitions or restrictions issued by the State or 
political subdivision of a State are consistent with and do not exceed 
the regulations or orders issued by the Secretary; or
    (2) If the State or political subdivision of a State demonstrates to 
the Secretary and the Secretary finds that there is a special need for 
additional prohibitions or restrictions based on sound scientific data 
or a thorough risk assessment.
    (b) Therefore, in accordance with section 436 of the Plant 
Protection Act, the regulations in this part preempt all State and local 
laws and regulations that are inconsistent with or exceed the 
regulations in this part unless a special need request has been granted 
in accordance with the regulations in Sec. Sec.  301.1 through 301.13 of 
this chapter.

[74 FR 53400, Oct. 19, 2009. Redesignated at 75 FR 68955, Nov. 10, 2010]



PART 361_IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED
ACT--Table of Contents



Sec.
361.1 Definitions.
361.2 Preemption of State and local laws; 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
Buffalograss--Buchloe dactyloides (Nutt.) Engelm.
Buffelgrass--Cenchrus ciliaris L.
Burclover, California--Medicago polymorpha L.
Burclover, spotted--Medicago arabica (L.) Huds.

[[Page 429]]

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.
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)

[[Page 430]]

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--Lolium x hybridum 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--Sorghum x almum L. Parodi
Sorghum-sudangrass--Sorghum x drummondii (Steud.) Millsp. and Chase
Sorgrass--Rhizomatous derivatives of a johnsongrass x sorghum cross or a 
johnsongrass x sudangrass cross Southernpea--(See Cowpea)
Sourclover--Melilotus indicus (L.) All.
Soybean--Glycine max (L.) Merr.
Spelt--Triticum spelta L.
Sudangrass--Sorghum x drummondii (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. (Secale x Triticum)
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.
Wheat x Agrotricum--Triticum x Agrotriticum
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.
    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.

[[Page 431]]

    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
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

[[Page 432]]

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  Preemption of State and local laws; general 
restrictions on the importation of seed and screenings.

    (a) The regulations in this part preempt State and local laws 
regarding seed and screenings imported into the United States while the 
seed and screenings are in foreign commerce. Seed and screenings 
imported for immediate distribution and sale to the consuming public 
remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
considered on a case-by-case basis.
    (b) No person shall import any agricultural seed, vegetable seed, or 
screenings into the United States unless the importation is in 
compliance with this part.
    (c) 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.
    (d) Except as provided in Sec.  361.7(b), and in addition to the 
permit requirements of Sec.  319.37-5 of this chapter, coated or 
pelleted seed, or seed that is embedded in a substrate that obscures 
visibility 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.
    (e) 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.

[62 FR 48460, Sept. 16, 1997, as amended at 74 FR 53400, Oct. 19, 2009; 
79 FR 74594, Dec. 16, 2014; 83 FR 11867, Mar. 19, 2018]



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

[[Page 433]]

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 used on the label shall be the commonly accepted coined, 
chemical (generic), or abbreviated chemical name.
    (i) Commonly accepted coined names are commonly recognized as names 
of particular substances, e.g., thiram, captan, lindane, and dichlone.
    (ii) Examples of commonly accepted chemical (generic) names are 
blue-stone, calcium carbonate, cuprous oxide, zinc hydroxide, 
hexachlorobenzene, and ethyl mercury acetate. The terms ``mercury'' or 
``mercurial'' may be used in labeling all types of mercurials.
    (iii) Examples of commonly accepted abbreviated chemical names are 
BHC (1,2,3,4,5,6-Hexachlorocyclohexane) and DDT (dichloro diphenyl 
trichloroethane).
    (2) If the seed has been treated with a mercurial or similarly toxic 
substance harmful to humans and vertebrate animals, the label must 
include a representation of a skull and crossbones and a statement 
indicating that the seed has been treated with poison. The skull and 
crossbones must be at least twice the size of the type used for the 
information provided on the label, and the poison warning statement must 
be written in red letters on a background of distinctly contrasting 
color. Mercurials and similarly toxic substances include the following:

Aldrin, technical
Demeton
Dieldrin
p-Dimethylaminobenzenediazo sodium sulfonate
Endrin
Ethion
Heptachlor
Mercurials, all types
Parathion
Phorate
Toxaphene
O-O-Diethyl-O-(isopropyl-4-methyl-6-pyrimidyl) thiophosphate
O,O-Diethyl-S-2-(ethylthio) ethyl phosphorodithioate

    (3) If the seed has been treated with a substance other than one 
classified as a mercurial or similarly toxic substance under paragraph 
(b)(2) of this section, and the amount remaining with the seed is 
harmful to humans or other vertebrate animals, the label must indicate 
that the seed is not to be used for food, feed, or oil purposes. Any 
amount of any substance used to treat the seed that remains with the 
seed will be considered harmful when the seed is in containers of more 
than 4 ounces, except that the following substances will not be deemed 
harmful when present at a rate less than the number of parts per million 
(p/m) indicated:

Allethrin--2 p/m
Malathion--8 p/m
Methoxyclor--2 p/m
Piperonyl butoxide--20 p/m (8 p/m on oat and sorghum)
Pyrethrins--3 p/m (1 p/m on oat and sorghum)

    (c) In the case of seed in bulk, the information required under 
paragraph (b) of this section shall appear in the invoice or other 
records accompanying and pertaining to such seed. If the seed is in 
containers and in quantities of 20,000 pounds or more, regardless of the 
number of lots included, the information required on each container 
under paragraph (b) of this section need not be shown on each container 
if each container has stenciled upon it or bears a label containing a 
lot designation and the invoice or other records accompanying and 
pertaining to such seed bear the various statements required for the 
respective seeds.
    (d) Each container of agricultural seed and vegetable seed imported 
into the United States for cleaning need not be labeled to show the 
information required under paragraph (b) of this section if:
    (1) The seed is in bulk;
    (2) The seed is in containers and in quantities of 20,000 pounds or 
more, regardless of the number of lots involved,

[[Page 434]]

and the invoice or other records accompanying and pertaining to the seed 
show that the seed is for cleaning; or
    (3) The seed is in containers and in quantities of less than 20,000 
pounds, and each container carries a label that bears the words ``Seed 
for cleaning.''



Sec.  361.4  Inspection at the port of first arrival.

    (a) All agricultural seed, vegetable seed, and screenings imported 
into the United States shall be made available for examination by an 
APHIS inspector at the port of first arrival and shall remain at the 
port of first arrival until released by an APHIS inspector. Lots of 
agricultural seed, vegetable seed, or screenings may enter the United 
States without meeting the sampling requirements of paragraph (b) of 
this section if the lot is:
    (1) Seed that is not being imported for seeding (planting) purposes 
and the declaration required by Sec.  361.3(a) states the purpose for 
which the seed is being imported;
    (2) Seed that is being shipped in bond through the United States;
    (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, 
field corn, sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, 
field peas, or field beans that are not being imported for seeding 
(planting) purposes and the declaration accompanying the screenings as 
required under Sec.  361.2(a) indicates that the screenings are being 
imported for processing or manufacturing purposes;
    (4) Seed that is being imported for sowing for experimental or 
breeding purposes, is not for sale, is limited in quantity to the amount 
indicated in column 3 of table 1 of Sec.  361.5, and is accompanied by a 
declaration stating the purpose for which it is being imported (seed 
imported for increase purposes only will not be considered as being 
imported for experimental or breeding purposes); or
    (5) Seed that was grown in the United States, exported, and is now 
returning to the United States, provided that the person importing the 
seed into the United States furnishes APHIS with the following 
documentation:
    (i) Export documents indicating the quantity of seed and number of 
containers, the date of exportation from the United States, the 
distinguishing marks on the containers at the time of exportation, and 
the name and address of the United States exporter;
    (ii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not admitted into the commerce of that country; and
    (iii) A document issued by a Customs or other government official of 
the country to which the seed was exported indicating that the seed was 
not commingled with other seed after being exported to that country.
    (b) Except as provided in 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

[[Page 435]]

or more lots of seed deemed adulterated are of substantially the same 
quality and origin. In such cases, the Administrator may allow the 
adulterated lots of seed to be mixed for cleaning as provided in 
paragraph (b)(1)(iii) of this section.
    (3) If the labeling of a lot of seed is false or misleading in any 
respect, the seed will be rejected for entry into the United States. A 
falsely labeled lot of seed must be:
    (i) Exported from the United States;
    (ii) Destroyed under the monitoring of an APHIS inspector; or
    (iii) The seed may be allowed entry into the United States if the 
labeling is corrected under the monitoring of an APHIS inspector to 
accurately reflect the character of the lot of seed.



Sec.  361.5  Sampling of seeds.

    (a) Sample sizes. As provided in Sec.  361.4(b), samples of seed 
will be taken from each lot of seed being imported for seeding 
(planting) purposes to determine whether any seeds of noxious weeds 
listed in Sec.  361.6(a) are present. The samples shall be drawn in the 
manner described in paragraphs (b) and (c) of this section. Unused 
portions of samples of rare or expensive seeds will be returned by APHIS 
upon request of the importer.
    (1) A minimum sample of not less than 1 quart shall be drawn from 
each lot of agricultural seed; a minimum sample of not less than 1 pint 
shall be drawn from each lot of vegetable seed, except that a sample of 
\1/4\ pint will be sufficient for a vegetable seed importation of 5 
pounds or less. The minimum sample shall be divided repeatedly until a 
working sample of proper weight has been obtained. If a mechanical 
divider cannot be used or is not available, the sample shall be 
thoroughly mixed, then placed in a pile; the pile shall be divided 
repeatedly into halves until a working sample of the proper weight 
remains. The weights of the working samples for noxious weed examination 
for each lot of seed are shown in column 1 of table 1 of this section. 
If the lot of seed is a mixture, the following methods shall be used to 
determine the weight of the working sample:
    (i) If the lot of seed is a mixture consisting of one predominant 
kind of seed or a group of kinds of similar size, the weight of the 
working sample shall be the weight shown in column 1 of table 1 of this 
section for the kind or group of kinds that comprises more than 50 
percent of the sample.
    (ii) If the lot of seed is a mixture consisting of two or more kinds 
or groups of kinds of different sizes, none of which comprises over 50 
percent of the sample, the weight of the working sample shall be the 
weighted average (to the nearest half gram) of the weight shown in 
column 1 of table 1 of this section for each of the kinds that comprise 
the sample, as determined by the following method:
    (A) Multiply the percentage of each component of the mixture 
(rounded off to the nearest whole number) by the sample sizes shown in 
column 1 of table 1 of this section;
    (B) Add all these products;
    (C) Total the percentages of all components of the mixtures; and
    (D) Divide the sum in paragraph (a)(1)(ii)(B) of this section by the 
total in paragraph (a)(1)(ii)(C) of this section.
    (2) It is not ordinarily practical to sample and test small lots of 
seed offered for entry. The maximum sizes of lots of each kind of seed 
not ordinarily sampled are shown in column 2 of table 1 of this section.
    (3) The maximum sizes of lots of each kind of seed allowed entry 
without sampling for sowing for experimental or breeding purposes as 
provided in Sec.  361.4(a)(4) are shown in column 3 of table 1 of this 
section.

[[Page 436]]



                                                     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
        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

[[Page 437]]

 
    Spinach............................................                150                 25                 50
    Spinach, New Zealand...............................                500                 25                 50
    Squash.............................................                500                 25                 50
    Tomato.............................................                 50                  5                 10
    Tomato, husk.......................................                 35                  5                 10
    Turnip.............................................                 50                  5                 10
    Watermelon.........................................                500                 25                 50
AGRICULTURAL SEED:
    Agrotricum.........................................                500                100                500
    Alfalfa............................................                 50                 25                100
    Alfilaria..........................................                 50                 25                100
    Alyceclover........................................                 50                 25                100
    Bahiagrass.........................................                 50                 25                100
    Barrelclover.......................................                100                 25                100
    Barley.............................................                500                100                500
    Bean, adzuki.......................................                500                100                500
    Bean, field........................................                500                100                500
    Bean, mung.........................................                500                100                500
    Bean (see Velvetbean)..............................
    Beet, field........................................                500                100                500
    Beet, sugar........................................                500                100              1,000
    Beggarweed.........................................                 50                 25                100
    Bentgrass, colonial................................                2.5                 25                100
    Bentgrass, creeping................................                2.5                 25                100
    Bentgrass, velvet..................................                2.5                 25                100
    Bermudagrass.......................................                 10                 25                100
    Bermudagrass, giant................................                 10                 25                100
    Bluegrass, annual..................................                 10                 25                100
    Bluegrass, bulbous.................................                 40                 25                100
    Bluegrass, Canada..................................                  5                 25                100
    Bluegrass, glaucantha..............................                 10                 25                100
    Bluegrass, Kentucky................................                 10                 25                100
    Bluegrass, Nevada..................................                 10                 25                100
    Bluegrass, rough...................................                  5                 25                100
    Bluegrass, Texas...................................                 10                 25                100
    Bluegrass, wood....................................                  5                 25                100
    Bluejoint..........................................                  5                 25                100
    Bluestem, big......................................                 70                 25                100
    Bluestem, little...................................                 50                 25                100
    Bluestem, sand.....................................                100                 25                100
    Bluestem, yellow...................................                 10                 25                100
    Bottlebrush-squirreltail...........................                 90                 25                100
    Brome, field.......................................                 50                 25                100
    Brome, meadow......................................                130                 25                100
    Brome, mountain....................................                200                 25                100
    Brome, smooth......................................                 70                 25                100
    Broomcorn..........................................                400                100                500
    Buckwheat..........................................                500                100                500
    Buffalograss:
        (Burs).........................................                200                 25                100
        (Caryopses)....................................                 30                 25                100
    Buffelgrass:
        (Fascicles)....................................                 66                 25                100
        (Caryopses)....................................                 20                 25                100
    Burclover, California:
        (In bur).......................................                500                100                500
        (Out of bur)...................................                 70                 25                100
    Burclover, spotted:
        (In bur).......................................                500                100                500
        (Out of bur)...................................                 50                 25                100
    Burnet, little.....................................                250                 25                100
    Buttonclover.......................................                 70                 25                100
    Canarygrass........................................                200                 25                100
    Canarygrass, reed..................................                 20                 25                100
    Carpetgrass........................................                 10                 25                100
    Castorbean.........................................                500                100                500

[[Page 438]]

 
    Chess, soft........................................                 50                 25                100
    Chickpea...........................................                500                100                500
    Clover, alsike.....................................                 20                 25                100
    Clover, arrowleaf..................................                 40                 25                100
    Clover, berseem....................................                 50                 25                100
    Clover, cluster....................................                 10                 25                100
    Clover, crimson....................................                100                 25                100
    Clover, Kenya......................................                 20                 25                100
    Clover, Ladino.....................................                 20                 25                100
    Clover, Lappa......................................                 20                 25                100
    Clover, large hop..................................                 10                 25                100
    Clover, Persian....................................                 20                 25                100
    Clover, red........................................                 50                 25                100
    Clover, rose.......................................                 70                 25                100
    Clover, small hop (suckling).......................                 20                 25                100
    Clover, strawberry.................................                 50                 25                100
    Clover, sub (subterranean).........................                250                 25                100
    Clover, white......................................                 20                 25                100
    Corn, field........................................                500                100              1,000
    Corn, pop..........................................                500                100              1,000
    Cotton.............................................                500                100                500
    Cowpea.............................................                500                100                500
    Crambe.............................................                250                 25                100
    Crested dogtail....................................                 20                 25                100
    Crotalaria, lance..................................                 70                 25                100
    Crotalaria, showy..................................                250                 25                100
    Crotalaria, slenderleaf............................                100                 25                100
    Crotalaria, striped................................                100                 25                100
    Crotalaria, Sunn...................................                500                 25                100
    Crownvetch.........................................                100                 25                100
    Dallisgrass........................................                 40                 25                100
    Dichondra..........................................                 50                 25                100
    Dropseed, sand.....................................                2.5                 25                100
    Emmer..............................................                500                100                500
    Fescue, Chewings...................................                 30                 25                100
    Fescue, hair.......................................                 10                 25                100
    Fescue, hard.......................................                 20                 25                100
    Fescue, meadow.....................................                 50                 25                100
    Fescue, red........................................                 30                 25                100
    Fescue, sheep......................................                 20                 25                100
    Fescue, tall.......................................                 50                 25                100
    Flax...............................................                150                 25                100
    Galletagrass:
        (Other than caryopses).........................                100                 25                100
        (Caryopses)....................................                 50                 25                100
    Grama, blue........................................                 20                 25                100
    Grama, side-oats:
        (Other than caryopses).........................                 60                 25                100
        (Caryopses)....................................                 20                 25                100
    Guar...............................................                500                 25                100
    Guineagrass........................................                 20                 25                100
    Hardinggrass.......................................                 30                 25                100
    Hemp...............................................                500                100                500
    Indiangrass, yellow................................                 70                 25                100
    Indigo, hairy......................................                 70                 25                100
    Japanese lawngrass.................................                 20                 25                100
    Johnsongrass.......................................                100                 25                100
    Kenaf..............................................                500                100                500
    Kochia, forage.....................................                 20                 25                100
    Kudzu..............................................                250                 25                100
    Lentil.............................................                500                 25                100
    Lespedeza, Korean..................................                 50                 25                100
    Lespedeza, sericea or Chinese......................                 30                 25                100
    Lespedeza, Siberian................................                 30                 25                100
    Lespedeza, striate.................................                 50                 25                100
    Lovegrass, sand....................................                 10                 25                100

[[Page 439]]

 
    Lovegrass, weeping.................................                 10                 25                100
    Lupine, blue.......................................                500                100                500
    Lupine, white......................................                500                100                500
    Lupine, yellow.....................................                500                100                500
    Manilagrass........................................                 20                 25                100
    Meadow foxtail.....................................                 30                 25                100
    Medick, black......................................                 50                 25                100
    Milkvetch..........................................                 90                 25                100
    Millet, browntop...................................                 80                 25                100
    Millet, foxtail....................................                 50                 25                100
    Millet, Japanese...................................                 90                 25                100
    Millet, pearl......................................                150                 25                100
    Millet, proso......................................                150                 25                100
    Molassesgrass......................................                  5                 25                100
    Mustard, black.....................................                 20                 25                100
    Mustard, India.....................................                 50                 25                100
    Mustard, white.....................................                150                 25                100
    Napiergrass........................................                 50                 25                100
    Needlegrass, green.................................                 70                 25                100
    Oat................................................                500                100                500
    Oatgrass, tall.....................................                 60                 25                100
    Orchardgrass.......................................                 30                 25                100
    Panicgrass, blue...................................                 20                 25                100
    Panicgrass, green..................................                 20                 25                100
    Pea, field.........................................                500                100                500
    Peanut.............................................                500                100                500
    Poa trivialis (see bluegrass, rough)
    Rape, annual.......................................                 70                 25                100
    Rape, bird.........................................                 70                 25                100
    Rape, turnip.......................................                 50                 25                100
    Rape, winter.......................................                100                 25                100
    Redtop.............................................                2.5                 25                100
    Rescuegrass........................................                200                 25                100
    Rhodesgrass........................................                 10                 25                100
    Rice...............................................                500                100                500
    Ricegrass, Indian..................................                 70                 25                100
    Roughpea...........................................                500                100                500
    Rye................................................                500                100                500
    Rye, mountain......................................                280                 25                100
    Ryegrass, annual...................................                 50                 25                100
    Ryegrass, intermediate.............................                 80                 25                100
    Ryegrass, perennial................................                 50                 25                100
    Ryegrass, Wimmera..................................                 50                 25                100
    Safflower..........................................                500                100                500
    Sagewort, Louisiana................................                  5                 25                100
    Sainfoin...........................................                500                100                500
    Saltbush, fourwing.................................                150                 25                100
    Seasame............................................                 70                 25                100
    Sesbania...........................................                250                 25                100
    Smilo..............................................                 20                 25                100
    Sorghum............................................                500                100              1,000
    Sorghum almum......................................                150                 25                100
    Sorghum-sudangrass hybrid..........................                500                100              1,000
    Sorgrass...........................................                150                 25                100
    Sourclover.........................................                 50                 25                100
    Soybean............................................                500                100                500
    Spelt..............................................                500                100                500
    Sudangrass.........................................                250                 25                100
    Sunflower..........................................                500                100                500
    Sweetclover, white.................................                 50                 25                100
    Sweetclover, yellow................................                 50                 25                100
    Sweet vernalgrass..................................                 20                 25                100
    Sweetvetch, northern...............................                190                 25                100
    Switchgrass........................................                 40                 25                100
    Timothy............................................                 10                 25                100
    Timothy, turf......................................                 10                 25                100

[[Page 440]]

 
    Tobacco............................................                  5                  1                  1
    Trefoil, big.......................................                 20                 25                100
    Trefoil, birdsfoot.................................                 30                 25                100
    Triticale..........................................                500                100                500
    Vaseygrass.........................................                 30                 25                100
    Veldtgrass.........................................                 40                 25                100
    Velvetbean.........................................                500                100                500
    Velvetgrass........................................                 10                 25                100
    Vetch, common......................................                500                100                500
    Vetch, hairy.......................................                500                100                500
    Vetch, Hungarian...................................                500                100                500
    Vetch, Monantha....................................                500                100                500
    Vetch, narrowleaf..................................                500                100                500
    Vetch, purple......................................                500                100                500
    Vetch, woolypod....................................                500                100                500
    Wheat, common......................................                500                100                500
    Wheat, club........................................                500                100                500
    Wheat, durum.......................................                500                100                500
    Wheat, Polish......................................                500                100                500
    Wheat, poulard.....................................                500                100                500
    Wheat x Agrotricum.................................                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,

[[Page 441]]

must be given access to all parts of that quantity.
    (1) For free-flowing seed in bags or in bulk, a probe or trier shall 
be used. For small free-flowing seed in bags, a probe or trier long 
enough to sample all portions of the bag shall be used. When drawing 
more than one trierful of seed from a bag, a different path through the 
seed shall be used when drawing each sample.
    (2) For non-free-flowing seed in bags or bulk that may be difficult 
to sample with a probe or trier, samples shall be obtained by thrusting 
one's hand into the seed and withdrawing representative portions. The 
hand shall be inserted in an open position with the fingers held closely 
together while the hand is being inserted and the portion withdrawn. 
When more than one handful is taken from a bag, the handfuls shall be 
taken from well-separated points.
    (3) When more than one sample is drawn from a single lot, the 
samples may be combined into a composite sample unless it appears that 
the quantity of seed represented as a lot is not of uniform quality, in 
which case the separate samples shall be forwarded together, but without 
being combined into a composite sample.
    (d) In most cases, samples will be drawn and examined by an APHIS 
inspector at the port of first arrival. The APHIS inspector may release 
a shipment if no contaminants are found and the labeling is sufficient. 
If contaminants are found or the labeling of the seed is insufficient, 
the APHIS inspector may forward the sample to the USDA Seed Examination 
Facility (SEF), Beltsville, MD, for analysis, testing, or examination. 
APHIS will notify the owner or consignee of the seed that samples have 
been drawn and forwarded to the SEF and that the shipment must be held 
intact pending a decision by APHIS as to whether the seed is within the 
noxious weed seed tolerances of Sec.  361.6 and is accurately labeled. 
If the decision pending is with regard to the noxious weed seed content 
of the seed and the seed has been determined to be accurately labeled, 
the seed may be released for delivery to the owner or consignee under 
the following conditions:
    (1) The owner or consignee executes with Customs either a Customs 
single-entry bond or a Customs term bond, as appropriate, in such amount 
as is prescribed by applicable Customs regulations;
    (2) The bond must contain a condition for the redelivery of the seed 
or any part thereof upon demand of the Port Director of Customs at any 
time;
    (3) Until the seed is approved for entry upon completion of APHIS' 
examination, the seed must be kept intact and not tampered with in any 
way, or removed from the containers except under the monitoring of an 
APHIS inspector; and
    (4) The owner or consignee must keep APHIS informed as to the 
location of the seed until it is finally entered into the commerce of 
the United States.



Sec.  361.6  Noxious weed seeds.

    (a) Seeds of the plants listed in paragraphs (a)(1) and (a)(2) of 
this section shall be considered noxious weed seeds.
    (1) Seeds with no tolerances applicable to their introduction:

Acacia nilotica (Linnaeus) Wildenow ex Delile
Aeginetia spp.
Ageratina adenophora (Sprengel) King & Robinson
Ageratina riparia (Regel) R.M. King and H. Robinson
Alectra spp.
Alternanthera sessilis (L.) R. Brown ex de Candolle
Arctotheca calendula (Linnaeus) Levyns
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Durieu)
Azolla pinnata R. Brown
Carthamus oxyacantha M. Bieberstein
Chrysopogon aciculatus (Retzius) Trinius
Commelina benghalensis L.
Crupina vulgaris Cassini
Cuscuta spp.
Digitaria abyssinica (Hochstetter ex A. Richard) Stapf
Digitaria velutina (Forsskal) Palisot de Beauvois
Drymaria arenariodes Humboldt & Bonpland ex J.A. Schultes
Eichhornia azurea (Swartz) Kunth
Emex australis Steinheil
Emex spinosa (L.) Campdera
Euphorbia terracina Linnaeus
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Hydrilla verticillata (Linnaeus f.) Royle
Hygrophila polysperma T. Anderson
Imperata brasiliensis Trinius

[[Page 442]]

Imperata cylindrica (Linnaeus) Palisot de Beauvois
Inula britannica Linnaeus
Ipomoea aquatica Forsskal
Ischaemum rugosum Salisbury
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Lygodium flexuosum (Linnaeus) Swartz (maidenhair creeper)
Lygodium microphyllum (Cavanilles) R. Brown (Old World climbing fern)
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burman f.) B. L. Robinson
Mikania micrantha Kunth
Mimosa diplotricha C. Wright
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Solms-Laubach
Monochoria vaginalis (Burman f.) C. Presl
Moraea collina Thunberg
Moraea flaccida (Sweet) Steudel
Moraea miniata Andrews
Moraea ochroleuca (Salisbury) Drapiez
Moraea pallida (Baker) Goldblatt
Nassella trichotoma (Nees) Hackel ex Arechavaleta
Onopordum acaulon Linnaeus
Onopordum illyricum Linnaeus
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 (Banks & Solander) J.F. 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) 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 pumila (Poir.) Roem. & Schult. subsp. pallidefusca (Schumach.) 
B.K. Simon
Solanum tampicense Dunal (wetland nightshade)
Solanum torvum Swartz
Solanum viarum Dunal
Sparganium erectum L.
Spermacoce alata Aublet
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

[[Page 443]]

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 
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; 74 FR 53400, Oct. 
19, 2009; 75 FR 68956, Nov. 10, 2010]



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.

[[Page 444]]

    (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 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

[[Page 445]]

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--Table of Contents



Sec.
370.1 Scope and purpose.
370.2 Published materials.
370.3 Index.
370.4 Facilities for inspection and copying.
370.5 Requests for records.
370.6 Appeals.
370.7 Agency response to requests.

    Authority: 5 U.S.C. 552.

    Source: 40 FR 43223, Sept. 19, 1975, unless otherwise noted.



Sec.  370.1  Scope and purpose.

    These regulations are issued pursuant to the Freedom of Information 
Act, as amended (5 U.S.C. 552), and in accordance with the requirements 
of the Department of Agriculture regulations in part 1, subpart A of 
this title. The availability of records of the Animal and Plant Health 
Inspection Service (APHIS), and the procedures by which the public may 
obtain such information, shall be governed by the Department regulations 
as implemented by the regulations in this part. It is the policy of 
APHIS to be an open agency and to promptly make available for public 
inspection any records or information which are required to be released 
under the Act. Material which is exempt from disclosure will also be 
promptly made available when the Agency in its discretion determines 
that release of such material is in the public interest.



Sec.  370.2  Published materials.

    Rules and regulations of APHIS relating to its regulatory 
responsibilities are continuously published in the Federal Register, and 
codified in this chapter III, title 7, and in 9 CFR chapter I. APHIS 
issues publications explaining animal and plant health programs and the 
laws and regulations, including quarantines, under which the programs 
are conducted. These publications are, for the most part available free 
from the Office of Governmental and Public Affairs, USDA, Washington, DC 
20250; or, in some cases from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402, at established rates.

[44 FR 53490, Sept. 14, 1979]



Sec.  370.3  Index.

    Pursuant to the regulations in Sec.  1.4(b) of this title, APHIS 
will maintain and make available for public inspection and copying a 
current index providing identifying information regarding the materials 
required to be published or made available under the Freedom of 
Information Act (5 U.S.C. 552(a)(2)). Notice is hereby given that 
publication of this index is unnecessary and impracticable, since the 
material is voluminous and does not change often enough to justify the 
expense of publication.



Sec.  370.4  Facilities for inspection and copying.

    Facilities for public inspection and copying of the index and 
materials required to be made available under 5 U.S.C. 552(c)(2) will be 
provided by APHIS, on business days between 8 a.m. and 4:30 p.m. 
Requests for this information should be made to the FOIA Coordinator at 
the following address:

Freedom of Information Act Coordinator, Animal and Plant Health 
Inspection Service, Legislative and Public Affairs, Freedom of 
Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.

    Copies of such material may be obtained in person or by mail. 
Applicable fees for copies will be charged in accordance with the 
regulations prescribed by the Office of Operations and Finance, USDA, 
pursuant to Sec.  2.75 of this title. See Sec.  1.10 and appendix A--Fee 
Schedule in part 1, subtitle A of this title.

[44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 
59 FR 67611, Dec. 30, 1994]

[[Page 446]]



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:
    (1) Make determinations to grant or deny requests,
    (2) Extend the administrative deadline,
    (3) Make discretionary releases of exempt records, and
    (4) Make determinations regarding charges pursuant to the fee 
schedule.
    (c) In exercising his authority under Sec.  1.4(c) of this title to 
grant and deny requests, the Coordinator will comply with subsection (b) 
of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which 
requires that any reasonably segregable portion of a document shall be 
provided to a person requesting such document after deletion of any 
portions which are exempt under the Act. Therefore, unless the 
disclosable and non-disclosable portions are so inextricably linked that 
it is not reasonably possible to separate them, the document will be 
released with the non-disclosable portions deleted, except that the 
Coordinator may exercise discretion as limited by Sec.  1.11 of this 
title, to release the entire document, or to make only a minimum number 
of deletions, e.g., the names of individuals.

[40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979; 
51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]



Sec.  370.6  Appeals.

    If the request for information made under Sec.  370.5 is denied in 
whole or in part, the requester may file an appeal pursuant to Sec.  
1.3(e) of this title. The appeal should be in writing and should be 
addressed as follows:

Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), 
Room 313-E, U.S. Department of Agriculture, Washington, DC 20250.

[44 FR 53490, Sept. 14, 1979]



Sec.  370.7  Agency response to requests.

    (a) The response to requests for information and to appeals shall be 
made in accordance with the Department regulations in Sec.  1.5 of this 
title and the regulations in this part.
    (b) Requests for records and information which have customarily been 
directed to field stations and agency headquarters may continue to be 
directed to those locations, notwithstanding the provisions of these 
regulations. If the information is not available at the location at 
which the request is made, or the official receiving the request is in 
doubt as to whether the information should be released, the official 
shall (1) promptly forward the request to the FOIA Coordinator, or (2) 
inform the requester of the procedures established in these regulations 
by which the request may be sent directly to the FOIA Coordinator. The 
date of receipt of the request by the Coordinator shall be the 
determining date for purposes of the time limitations under the Freedom 
of Information Act and the regulations.



PART 371_ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY
--Table of Contents



Sec.
371.1 General Statement.
371.2 The Office of the Administrator.
371.3 Plant Protection and Quarantine.
371.4 Veterinary Services.
371.5 Marketing and Regulatory Programs Business Services.

[[Page 447]]

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)
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

[[Page 448]]

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, 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]



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

[[Page 449]]

    (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 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.

[[Page 450]]

    (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 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

[[Page 451]]

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. 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

[[Page 452]]

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, Functions, and 
Delegations of Authority, shall remain in effect except as they are 
inconsistent with this part or are amended or revoked. Nothing in this 
part shall affect the validity of any action taken previously under 
prior delegations or redelegations of authority or assignments of 
functions.



Sec.  371.13  Reservation of authority.

    The following are reserved to the Administrator, or to the 
individual designated to act for the Administrator:
    (a) The initiation, change, or discontinuance of major program 
activities.
    (b) The issuance of regulations pursuant to law.
    (c) The transfer of functions between Deputy Administrators and 
Directors.
    (d) The transfer of funds between Deputy Administrators and 
Directors.
    (e) The transfer of funds between work projects within each Deputy 
Administrator's or Director's area, except those not exceeding 10 
percent of base funds or $50,000 in either work project, whichever is 
less.
    (f) The approval of any change in the formal organization, including 
a section, its equivalent, or higher level.
    (g) The making of recommendations to the Department concerning 
establishment, consolidation, change in location, or abolishment of any 
regional, State, area, and other field headquarters, and any region or 
other program area that involves two or more States, or that crosses 
State lines.
    (h) Authority to establish, consolidate, change a location, abolish 
any field office, or change program area boundaries not included in 
paragraph (g) of this section.
    (i) Approval of all appointments, promotions, and reassignments at 
the GS-14 level and above.
    (j) Authorization for foreign travel and for attendance at foreign 
and international meetings, including those held in the United States.
    (k) Approval of all appointments, promotions, and reassignments of 
employees to foreign countries.
    (l) Approval of program budgets.
    (m) Authority to determine the circumstances under which commuted 
traveltime allowances may be paid to employees performing inspections 
and necessary auxiliary services after normal working hours or on 
holidays, when these services come within the scope of the Act of August 
28, 1950 (7 U.S.C. 2260).



Sec.  371.14  Availability of information and records.

    Any person desiring information or to comment on the programs and 
functions of the agency should address correspondence to the appropriate 
Deputy Administrator or Director, APHIS, U.S. Department of Agriculture, 
Washington, DC 20250. The availability of information and records of the 
agency is governed by the rules and regulations in part 370 of this 
chapter.



PART 372_NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES
--Table of Contents



Sec.
372.1 Purpose.
372.2 Designation of responsible APHIS official.
372.3 Information and assistance.
372.4 Definitions.
372.5 Classification of actions.
372.6 Early planning.
372.7 Planning and decision points and public involvement.
372.8 Processing and use of environmental documents.

[[Page 453]]

372.9 Supplementing environmental impact statements.
372.10 Process for rapid response to emergencies.

    Authority: 42 U.S.C. 4321 et seq.; 40 CFR 1500-1508; 7 CFR 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 (NEPA) 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 NEPA. The goal of timely, relevant environmental 
analysis will be secured principally by adhering to the NEPA 
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).

[60 FR 6002, Feb. 1, 1995, as amended at 83 FR 24009, May 24, 2018]



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 the APHIS NEPA contact at: Policy and Program 
Development, APHIS, USDA, Attention: NEPA Contact, 4700 River Road Unit 
149, Riverdale, MD 20737-1238, (301) 851-3043.

[83 FR 24010, May 24, 2018]



Sec.  372.4  Definitions.

    The terminology and definitions set forth in the Council on 
Environmental Quality's (CEQ) implementing regulations at 40 CFR part 
1508 are 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 signing the 
document based on a categorical exclusion or findings of no significant 
impact (FONSI) and environmental assessment or the record of decision 
following the environmental impact statement (EIS) process.
    Department. The United States Department of Agriculture (USDA).
    Environmental unit. The analytical unit in Policy and Program 
Development responsible for coordinating APHIS' compliance with NEPA and 
other environmental laws and regulations.

[60 FR 6002, Feb. 1, 1995, as amended at 83 FR 24010, May 24, 2018]



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

[[Page 454]]

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). Potential 
environmental impacts associated with the proposed action are not 
considered potentially significant at the outset of the planning 
process. Any effects of the action on environmental resources (such as 
air, water, soil, plant communities, animal populations, or others) or 
indicators (such as dissolved oxygen content of water) can be reasonably 
identified, and mitigation measures are generally available and have 
been successfully employed. Unless the actions are categorically 
excluded as provided in paragraph (c) of this section, 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, and techniques as the means of dealing with particular animal 
and plant health risks that may arise in the future; and
    (ii) Implementation of program plans at the site-specific, action 
level.
    (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.
    (4) Approvals and issuance of permits for proposals involving 
regulated genetically engineered organisms or products, or regulated 
nonindigenous species.
    (5) Programs or statewide activities to reduce damage or harm by a 
specific wildlife species or group of species, such as deer or birds, or 
to reduce a specific type of damage or harm, such as protection of 
agriculture from wildlife depredation and disease; for the management of 
rabies in wildlife; or for the protection of threatened or endangered 
species.
    (6) Research or testing that will be conducted outside of a 
laboratory or other containment area or reaches a stage of development 
(e.g., formulation of premarketing strategies) that forecasts an 
irretrievable commitment to the resulting products or technology.
    (7) Determination of nonregulated status for genetically engineered 
organisms.
    (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):

[[Page 455]]

    (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) Use of vaccinations or inoculations including new vaccines 
(e.g., genetically engineered vaccines) and applications of existing 
vaccines to new species provided that the project is conducted in a 
controlled and limited manner, and the impacts of the vaccine can be 
predicted; and
    (C) Isolated (for example, along a highway) weed control efforts.
    (2) Research and development activities. (i) Activities limited in 
magnitude, frequency, and scope that occur in laboratories, facilities, 
pens, or field sites. Examples are:
    (A) Vaccination trials that occur on groups of animals in areas 
designed to limit interaction with similar animals, or include other 
controls needed to mitigate potential risk.
    (B) Laboratory research involving the evaluation and use of 
chemicals in a manner not specifically listed on the product label 
pursuant to applicable Federal authorizations.
    (C) The development and/or production (including formulation, 
packaging or repackaging, movement, and distribution) of articles such 
as program materials, devices, reagents, and biologics that were 
approved and/or licensed in accordance with existing regulations, or 
that are for evaluation in confined animal, plant, or insect populations 
under conditions that prevent exposure to the general population.
    (D) Research evaluating wildlife management products or tools, such 
as animal repellents, frightening devices, or fencing, that is carried 
out in a manner and area designed to eliminate the potential for harmful 
environmental effects and in accordance with applicable regulatory 
requirements.
    (ii) Development, production, and release of sterile insects.
    (3) Licensing and permitting.
    (i) Issuance of a license, permit, authorization, or approval to 
ship or field test previously unlicensed veterinary biologics, including 
veterinary biologics containing genetically engineered organisms (such 
as vector-based vaccines and nucleic acid-based vaccines);
    (ii) Issuance of a license, permit, authorization, or approval for 
movement or uses of pure cultures of organisms (relatively free of 
extraneous micro-organisms and extraneous material) that are not strains 
of quarantine concern and occur, or are likely to occur, in a State's 
environment; or
    (iii) Permitting, or acknowledgment of notifications for, confined 
field releases of genetically engineered organisms and products; and
    (iv) 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) Extending deregulations for genetically engineered organisms. 
Extension of nonregulated status under part 340 of this chapter to 
organisms similar to those already deregulated.
    (5) Minor renovation, improvement, and maintenance of facilities. 
Examples are:
    (i) Renovation of existing laboratories and other facilities.
    (ii) Functional replacement of parts and equipment.
    (iii) Minor additions to existing facilities.
    (iv) Minor excavations of land and repairs to properties.
    (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

[[Page 456]]

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; or
    (3) 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; 83 FR 24010, May 
24, 2018]



Sec.  372.6  Early planning.

    Prospective applicants are encouraged to contact APHIS program 
officials to determine what types of environmental analyses or 
documentation, if any, need to be prepared.

[83 FR 24011, May 24, 2018]



Sec.  372.7  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 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 and comments received will be made 
available to the public via Regulations.gov.

[60 FR 6002, Feb. 1, 1995, Redesignated and amended at 83 FR 24011, May 
24, 2018]



Sec.  372.8  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. This determination is based on information provided in 
the NEPA document and available in the record.
    (1) The availability of environmental assessments will be announced 
by publishing a notice consistent with the notification provisions of 
Sec.  372.7.
    (2) Comments, if any, will be transmitted, together with any 
analyses and

[[Page 457]]

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 prior to implementing the proposed action or any 
alternative. APHIS will mail notice upon request.
    (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.

[60 FR 6002, Feb. 1, 1995. Redesignated and amended at 83 FR 24011, May 
24, 2018]



Sec.  372.9  Supplementing environmental impact statements.

    Once a decision to supplement an environmental impact statement is 
made, a notice of intent will be published. 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 record.

[60 FR 6002, Feb. 1, 1995. Redesignated and amended at 83 FR 24011, May 
24, 2018]



Sec.  372.10  Process for rapid response to emergencies.

    When it is determined (by the Administrator or the delegated Agency 
official responsible for environmental review) that an emergency exists 
that requires immediate action before preparing and completing the usual 
NEPA review, then the provisions of this section apply.
    (a) The Administrator or the delegated Agency official responsible 
for environmental review may take actions that are necessary to control 
the immediate impacts of the emergency and that are urgently needed to 
prevent imminent damage to public health or safety, or prevent threats 
to valuable resources. When taking such actions, the Administrator or 
the delegated Agency official responsible for environmental review will 
consider the probable environmental consequences of the emergency action 
and mitigate foreseeable adverse environmental effects to the extent 
practicable.
    (b) If a proposed emergency action is normally analyzed in an 
environmental assessment as described in Sec.  372.5 and the nature and 
scope of proposed emergency actions are such that there is insufficient 
time to prepare an EA and FONSI before commencing the proposed action, 
the Administrator shall consult with APHIS' Chief of Environmental and 
Risk Analysis Services about alternative arrangements for NEPA 
compliance. APHIS' Chief of Environmental and Risk Analysis Services may 
authorize emergency alternative arrangements for completing the required 
NEPA compliance documentation. Any alternative arrangements must be 
documented and notice of their use provided to CEQ.
    (c) If a proposed emergency action is likely to result in 
significant environmental impacts, then APHIS will immediately consult 
with CEQ and request alternative arrangements in accordance with CEQ 
regulations at 40 CFR 1506.11. Such alternative arrangements will apply 
only to the proposed actions necessary to control the immediate impacts 
of the emergency. Other proposed actions remain subject to NEPA analysis 
and documentation in

[[Page 458]]

accordance with the CEQ regulations and these regulations.

[83 FR 24011, May 24, 2018]



PART 380_RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS
--Table of Contents



                            Subpart A_General

Sec.
380.1 Scope and applicability of rules of practice.

                Subpart B_Supplemental Rules of Practice

380.10 Stipulations.

    Authority: 7 U.S.C. 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 459]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 461]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2019)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 462]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 463]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 464]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Part 10101)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)

[[Page 465]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 466]]

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  (Parts 500--599) [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)

[[Page 467]]

       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)

[[Page 468]]

      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)

[[Page 469]]

        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)

[[Page 470]]

        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 471]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)

[[Page 472]]

        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)

[[Page 473]]

      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)

[[Page 474]]

        IV  Office of Career, Technical and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

[[Page 475]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)

[[Page 476]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)

[[Page 477]]

         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

[[Page 478]]

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

[[Page 479]]

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 481]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2019)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I

[[Page 482]]

Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazardous Investigation       40, VI
     Board
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 483]]

  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, 2

[[Page 484]]

  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105

[[Page 485]]

  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 486]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
     of
[[Page 487]]

  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI

[[Page 488]]

National Security Council and Office of Science   47, II
     and Technology Policy
National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 5, IV; 45, 
                                                  VIII
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II

[[Page 489]]

Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X;5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 491]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2014 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2014

7 CFR
                                                                   79 FR
                                                                    Page
Chapter III
301.50-1 Amended; interim..........................................21597
    Regulation at 79 FR 21597 confirmed............................61215
301.50-2 (a) amended; interim......................................21597
    Regulation at 79 FR 21597 confirmed............................61215
301.50-3 (c) amended; interim......................................21597
    Regulation at 79 FR 21597 confirmed............................61215
301.50-7 (a) amended; interim......................................21597
    Regulation at 79 FR 21597 confirmed............................61215
301.51-3 (c) amended; interim......................................17388
    Regulation at 78 FR 27854 confirmed............................21598
    Regulation at 79 FR 17388 confirmed............................41877
319.6 (g) revised..................................................19807
319.7--319.7-5 (Subpart) Added.....................................19807
319.8-1 Amended....................................................19810
319.8-2 (c), (d) and (g) removed; footnote 2, (e), (f) and (h) 
        redesignated as footnote 1, new (c), (d) and (e); (a) and 
        new (d) amended............................................19810
319.8-8 Footnote 3 redesignated as footnote 2......................19810
319.8-11 Footnote 4 redesignated as new footnote 3.................19810
319.8-17 Footnote 5 redesignated as new footnote 4.................19810
319.24-1 Revised...................................................19810
319.24-2 Removed...................................................19810
319.24-4 Removed...................................................19810
319.28 (j) and (k) removed.........................................19810
    (b) introductory text amended; (b)(1) through (4) revised; 
(b)(5), (6) and (7) redesignated as (b)(6), (7) and (8); new 
(b)(5) added; OMB number...........................................63809
319.37 (b) amended; eff. 1-15-15...................................74588
319.37-1 Amended; eff. 1-15-15.....................................74588
319.37-2 (a) table amended; eff. 1-15-15...........................74588
319.37-3 (a) introductory text amended; (b), (e), (f) and footnote 
        4 removed; (g), (h) and footnote 5 redesignated as new 
        (e), (f) and footnote 4; (d) revised.......................19810
    (a)(1) through (11) revised; (a)(12) through (19) removed; (b) 
added; eff. 1-15-15................................................74589
319.37-4 (a) introductory text revised; (a)(4) and (b) amended; 
        eff. 1-15-15...............................................74590
319.37-5 Footnote 6 redesignated as new footnote 5.................19810
    (a), (b) and (c) revised; (d), (k), (m) and (v)(4)(iv) 
amended; (j) removed; eff. 1-15-15.................................74590

[[Page 492]]

319.37-6 Footnote 7 redesignated as new footnote 6.................19810
    (a) table amended; (e) added; eff. 1-15-15.....................74593
319.37-7 Footnote 8 redesignated as new footnote 7.................19810
    Amended; (a)(3) table, (c)(1)(i) and (d)(1) amended; (d)(8) 
added; eff. 1-15-15................................................74593
319.37-8 Footnotes 9, 10 and 11 redesignated as new footnotes 8, 9 
        and 10.....................................................19810
    (b)(2) amended; eff. 1-15-15...................................74594
319.37-10 (c) revised; eff. 1-15-15................................74594
319.37-11 Amended; eff. 1-15-15....................................74594
319.37-13 Footnote 12 redesignated as new footnote 11..............19810
319.40-4 (a) revised; (b)(3), (c) and (d) removed..................19810
319.40-5 Footnote 3 redesignated as footnote 1.....................19810
319.40-9 Footnotes 4 and 5 redesignated as new footnotes 2 and 3 
                                                                   19810
319.40-10 Footnote 6 redesignated as new footnote 4................19810
319.41-2 Revised...................................................19810
319.41-6 Revised...................................................19810
319.55-2 Revised...................................................19811
319.55-4 Removed...................................................19811
319.55-7 Revised...................................................19811
319.56-3 (b)(2) revised; (b)(3) through (6) removed; (c)(1) 
        amended....................................................19811
319.56-33 (a), (b), (d) and (e) revised............................59089
319.56-58 Introductory text revised; (c) and (h)(2) amended; OMB 
        number.....................................................61221
319.56-65 Added....................................................15218
319.56-66 Added....................................................16655
319.56-67 Added....................................................24997
    (c)(2) revised.................................................59090
319.56-68 Added....................................................32434
319.56-69 Added....................................................44119
319.56-70 Added....................................................52544
319.56-71 Added....................................................55964
319.75 Heading revised; (a) and (c) amended........................19811
319.75-1 Amended...................................................19811
    Amended; interim...............................................77841
319.75-2 Heading and footnote revised; (a) introductory text 
        amended....................................................19811
    Revised; interim...............................................77841
319.75-3 Revised...................................................19811
319.75-4 Amended...................................................19811
    Revised; interim...............................................77841
319.75-5 (a) and (b) amended.......................................19811
319.75-6 Amended...................................................19811
319.75-7 Amended; footnote 3 redesignated as footnote 4............19811
319.75-8 Amended...................................................19811
319.75-9 (a), (b) and (c) amended..................................19811
322.13 (b) revised.................................................19811
322.14 (a)(1) amended..............................................19811
322.15 Heading and (e) revised; (c)(5) added.......................19811
331.1 Amended......................................................26830
331.3 (d)(3) and (e)(2) amended; (e) introductory text revised.....26830
331.11 (d)(2) and (g) amended......................................26830
331.12 (a) amended.................................................26830
331.13 (a) introductory text amended...............................26830
360.304 Heading revised; (a)(5), (b) introductory text and (c) 
        amended; (a)(6) and (7) added..............................19812
360.305 Heading revised; amended...................................19812
361.2 (d) amended; eff. 1-15-15....................................74594

                                  2015

7 CFR
                                                                   80 FR
                                                                    Page
Chapter III
301.45-3 (a) amended; interim......................................12917
    Regulation at 80 FR 12917 confirmed............................53457
301.45-4 (b) amended; interim......................................12917
    Regulation at 80 FR 12917 confirmed............................53457
301.51-3 (c) amended; interim......................................48002
    Regulation at 80 FR 48002 confirmed............................72327
301.53-3 (c) amended; interim......................................43008
301.85-2a Amended; interim.........................................59553
301.86-5 (b) amended; CFR correction...............................79655
319.8-24 (c) amended; CFR correction...............................79655
319.28 (c) revised; OMB number......................................5005
    (b)(6) and (8)(ii) revised.....................................48003
319.37-1 Amended...................................................59561
319.37-8 (e) introductory text amended; (e)(2)(xii) added; OMB 
        number.....................................................59561
319.55-6 (b)(1) amended; CFR correction............................79655
319.56-2 Amended...................................................55018

[[Page 493]]

319.56-25 (b), (g)(2) and (h) amended; OMB number..................22886
319.56-28 (g)(1) amended; CFR correction...........................79655
319.56-41 Introductory text amended; (c) removed; (d) through (h) 
        redesignated as new (c) through (g); OMB number............55016
319.56-53 (a) through (e) redesignated as (b) through (f); new (a) 
        added; heading, introductory text and new (f) revised; new 
        (b) and new (e) introductory text amended..................55741
319.56-57 (c)(2) correctly reinstated; CFR correction..............43615
319.56-72 Added....................................................22634
319.56-73 Added....................................................55018
319.56-74 Added....................................................64309
319.75-1 Regulation at 79 FR 77841 confirmed.......................43010
319.75-2 Regulation at 79 FR 77841 confirmed; (a)(1) and (b) 
        introductory text revised; (a)(3) amended..................43010
319.75-4 Regulation at 79 FR 77841 confirmed.......................43010
354.1 (a)(1) introductory text and (iii) table revised; (a)(1)(i), 
        (2), (b), (d)(1) through (4), (e)(1), (2), (4) and (f) 
        amended; (a)(3) added......................................59566
354.3 (b)(1) and (c)(3)(i) introductory text amended; (b)(1) 
        table, (c)(1) table, (d)(1) table, (e)(1) table, (f)(1) 
        and (8) revised; (f)(2)(i) and (h) added...................66778

                                  2016

7 CFR
                                                                   81 FR
                                                                    Page
Chapter III
301.38-2 (a)(1) amended.............................................3702
    Regulation at 81 FR 3702 eff. date confirmed...................15153
301.51-2 (a) amended; interim......................................39176
301.85-2a Regulation at 80 FR 59553 confirmed.......................8822
319.6 (e)(4) amended...............................................40150
319.7-4 (b) amended.................................................5888
319.8-4 Revised....................................................40150
319.28 (e) through (i) redesignated as (f) through (j); new (e) 
        added; (a)(1), (2) and new (h) amended; eff. 1-23-17.......94228
319.37-8 (e) introductory text amended; (e)(2)(xiii) added; OMB 
        number......................................................7197
    (e) introductory text and footnotes 9 and 10 amended............5888
319.40-4 (a) amended...............................................40150
319.40-9 (b)(1) amended............................................40150
319.56-30 Heading, (c) introductory text, (1)(ii), (2)(i), 
        (3)(vii) and (e) revised; introductory text, (c)(1)(i), 
        (2) introductory text, (iv), (3) introductory text, (viii) 
        and (f) amended............................................33588
319.56-46 (d) and (e)(2) amended...................................45387
319.56-74 Amended..................................................20528
319.56-75 Added....................................................20527
319.56-76 Added; eff. 1-23-17......................................94228
322.7 (b)(3) amended; (b)(4) added.................................40150
322.31 (b)(3) amended; (b)(4) added................................40150
352.7 Revised......................................................40150
353.1 Amended......................................................40151
353.2 Amended......................................................40151
353.5 (a) revised..................................................40151
357 Regulation at 78 FR 40944 confirmed.............................3940

                                  2017

7 CFR
                                                                   82 FR
                                                                    Page
Chapter III
301.38-2 (a)(1) and (2)(ii) amended................................41826
    Regulation at 82 FR 41826 eff. date confirmed..................50801
301.51-2 Regulation at 81 FR 39176 confirmed.......................23999
319.28 Regulation at 81 FR 94228 stayed in part until 3-27-17.......8353
    Regulation at 81 FR 94228 further stayed in part until 5-26-17
                                                                   14987
319.37-8 (e)(2)(xiii) revised; (e) introductory text and section 
        amended....................................................43157
319.56-76 Regulation at 81 FR 94228 stayed until 3-27-17............8353
    Regulation at 81 FR 94228 further stayed until 5-26-17.........14987
319.56-77 Added....................................................27969
319.56-78 Added....................................................38593
319.56-79 Added....................................................42728
319.56-80 Added....................................................45956
319.56-81 Added....................................................56535
331.1 Amended.......................................................6204

[[Page 494]]

    Regulation at 82 FR 6204 eff. date delayed to 3-21-17..........10855
331.3 (d)(2) revised; (d)(3) redesignated as (d)(9); new (d)(3) 
        through (8) and (e)(3) added................................6204
    Regulation at 82 FR 6204 eff. date delayed to 3-21-17..........10855
331.5 (a)(1) and (3) revised; (a)(2) amended........................6204
    Regulation at 82 FR 6204 eff. date delayed to 3-21-17..........10855
331.7 (b) through (k) redesignated as (c) through (l); new (b) 
        added.......................................................6205
    Regulation at 82 FR 6205 eff. date delayed to 3-21-17..........10855
331.9 (a)(1) through (6) amended; (a)(7), (8) and (9) added.........6205
    Regulation at 82 FR 6205 eff. date delayed to 3-21-17..........10855
331.10 (e) amended..................................................6205
    Regulation at 82 FR 6205 eff. date delayed to 3-21-17..........10855
331.11 (c)(5), (d)(7)(iv) and (h) amended; (d)(7)(vi) added.........6205
    Regulation at 82 FR 6205 eff. date delayed to 3-21-17..........10855
331.12 (a) revised; (e) amended.....................................6205
    Regulation at 82 FR 6205 eff. date delayed to 3-21-17..........10855
331.14 (a) and (f) amended..........................................6206
    Regulation at 82 FR 6206 eff. date delayed to 3-21-17..........10855
331.15 (a) revised; (e) added.......................................6206
    Regulation at 82 FR 6206 eff. date delayed to 3-21-17..........10855
331.16 (b) introductory text revised................................6206
    Regulation at 82 FR 6206 eff. date delayed to 3-21-17..........10855
331.17 (a)(1)(iii), (3)(v), (6) and (7) amended; (a)(1)(v), (b) 
        and (c) revised; (a)(8) added...............................6206
    Regulation at 82 FR 6206 eff. date delayed to 3-21-17..........10855

                                  2018

7 CFR
                                                                   83 FR
                                                                    Page
Chapter III
305.1 Amended.......................................................5876
305.5 (c) redesignated as (d); new (c) added; OMB number............5876
305.6 (a) introductory text and (e) amended; (a)(2) redesignated 
        as (a)(3); new (a)(2) added; (b), (d)(15), and (f) 
        revised; (g) and (h) removed; OMB number....................5876
305.9 (a)(1)(ii) and (vi) revised...................................5878
318 Technical correction...........................................49987
318.13-2 Amended...................................................46637
318.13-4 Revised...................................................46637
318.13-13 Amended..................................................46638
318.13-16 Removed; new section redesignated from 318.13-17; new 
        (a)(1) amended.............................................46638
318.13-17 Redesignated as 318.13-16; new section redesignated from 
        318.13-17..................................................46638
318.13-18 Removed..................................................46638
318.13-19 Removed..................................................46638
318.13-20 Removed..................................................46638
318.13-21 Removed..................................................46638
318.13-22 Removed..................................................46638
318.13-23 Redesignated as 318.13-17................................46638
318.13-24 Removed..................................................46638
318.13-25 Removed..................................................46638
318.13-26 Removed..................................................46638
318.60 (c)(2) revised..............................................11855
319 Policy statement................................................5179
319 Technical correction...........................................49987
319.6 (d)(4) amended...............................................11855
319.8 Existing text designated as (a); (b) added...................11855
319.8-1 Amended....................................................11855
319.15 (b) redesignated as (c); new (b) added......................11855
319.19 (Subpart) Heading and section removed.......................11855
319.24 (b), (c), and (d) redesignated as (c), (d), and (e); new 
        (b) added..................................................11855
319.28 (Subpart) Note 1 amended....................................11856
319.28 (Subpart) Removed...........................................46638
319.28 (a)(4) and (b)(8) amended; OMB number.......................11856
319.37-1--319.37-23 (Subpart) Revised..............................11856
319.37-4 OMB number................................................11856
319.37-5 OMB number................................................11856
319.37-6 OMB number................................................11856
319.37-7 OMB number................................................11856
319.37-8 OMB number................................................11856
319.37-8 (e) introductory text amended; OMB number...........4136, 11396
319.37-9 OMB number................................................11856
319.37-10 OMB number...............................................11856

[[Page 495]]

319.37-11 OMB number...............................................11856
319.37-21 OMB number...............................................11856
319.37-22 OMB number...............................................11856
319.37-23 OMB number...............................................11856
319.40-2 (c) revised...............................................11856
319.41 (d) redesignated as (e); new (d) added......................11865
319.41a (b) amended................................................11865
319.55 (a) and (b) revised; (d) redesignated as (e); new (d) added
                                                                   11865
319.55-2 Amended...................................................11865
319.55-3 (a) removed; (b), (c), and (d) redesignated as new (a), 
        (b), and (c); new (a) and (b) amended......................11865
319.55-6 (c)(1) and (2) redesignated as (b)(3) and (4); (a) and 
        (c) removed................................................11865
319.55-7 Revised...................................................11865
319.56-2 Amended...................................................46638
319.56-4 Revised...................................................46638
319.56-10 (a)(2) amended...........................................11865
319.56-11 (b)(3) amended...........................................11866
319.56-13 Removed..................................................46639
319.56-14 Removed..................................................46639
319.56-15 Removed..................................................46639
319.56-16 Removed..................................................46639
319.56-17 Removed..................................................46639
319.56-18 Removed..................................................46639
319.56-19 Removed..................................................46639
319.56-20 Removed..................................................46639
319.56-21 Removed..................................................46639
319.56-22 Removed..................................................46639
319.56-23 Removed..................................................46639
319.56-24 Removed..................................................46639
319.56-25 Removed..................................................46639
319.56-26 Removed..................................................46639
319.56-27 Removed..................................................46639
319.56-28 Removed..................................................46639
319.56-29 Removed..................................................46639
319.56-30 Removed..................................................46639
319.56-31 Removed..................................................46639
319.56-32 Removed..................................................46639
319.56-33 Removed..................................................46639
319.56-34 Removed..................................................46639
319.56-35 Removed..................................................46639
319.56-36 Removed..................................................46639
319.56-37 Removed..................................................46639
319.56-38 Introductory text, (d)(4) introductory text, (e), and 
        (f) amended; OMB number....................................14736
319.56-38 Removed..................................................46639
319.56-39 Removed..................................................46639
319.56-40 Removed..................................................46639
319.56-41 Removed..................................................46639
319.56-42 Removed..................................................46639
319.56-43 Removed..................................................46639
319.56-44 Removed..................................................46639
319.56-45 Removed..................................................46639
319.56-46 Removed..................................................46639
319.56-47 Removed..................................................46639
319.56-48 Removed..................................................46639
319.56-49 Removed..................................................46639
319.56-50 Removed..................................................46639
319.56-51 Removed..................................................46639
319.56-52 Removed..................................................46639
319.56-53 Removed..................................................46639
319.56-54 Removed..................................................46639
319.56-55 Removed..................................................46639
319.56-56 Removed..................................................46639
319.56-57 Removed..................................................46639
319.56-58 Removed..................................................46639
319.56-59 Removed..................................................46639
319.56-60 Removed..................................................46639
319.56-61 Removed..................................................46639
319.56-62 Removed..................................................46639
319.56-63 Removed..................................................46639
319.56-64 Removed..................................................46639
319.56-65 Removed..................................................46639
319.56-66 Removed..................................................46639
319.56-67 Removed..................................................46639
319.56-68 Removed..................................................46639
319.56-69 Removed..................................................46639
319.56-70 Removed..................................................46639
319.56-71 Removed..................................................46639
319.56-72 Removed..................................................46639
319.56-73 Removed..................................................46639
319.56-74 Removed..................................................46639
319.56-75 Removed..................................................46639
319.56-76 Removed..................................................46639
319.56-77 Removed..................................................46639
319.56-78 Removed..................................................46639
319.56-79 Removed..................................................46639
319.56-80 Removed..................................................46639
319.56-81 Removed..................................................46639
319.56-82 Added....................................................13377
319.56-82 Removed..................................................46639
319.56-83 Added....................................................25548
319.56-83 Removed..................................................46639
319.59-1 Amended...................................................11866
319.59-2 (a) removed; (b) introductory text and (1) amended; (c) 
        added......................................................11866
319.59-3 (a) revised...............................................11866
319.59-4 (a)(2) amended............................................11866
319.69a (c) amended................................................11866
319.73-1 Amended...................................................11866
319.73-2 (a)(2) and (b) amended....................................11866
319.74-1 Amended...................................................11866
319.75 (c)(2) amended..............................................11866
319.75-1 Amended...................................................11866

[[Page 496]]

319.75-2 Footnote 1 amended........................................11866
319.75-8 Amended...................................................11866
319.75-9 (a), (b), and (c) amended.................................11866
319.77-1 Amended...................................................11866
319.77-2 Introductory text amended; (b) and (c) removed; (d) 
        through (h) redesignated as new (b) through (f)............11866
319.77-4 Footnote 1 revised; (a)(1) introductory text, (2) 
        introductory text, (i), and (ii) amended...................11866
330.300a Footnote 1 amended........................................11866
331.3 (b) amended..................................................48201
331.11 (g) amended.................................................48202
340.0 Footnote 1 amended...........................................11866
340.4 (f)(11)(i) amended...........................................11867
340.7 (b) introductory text amended................................11867
360.400 (a)(2) amended.............................................11867
361.2 (d) amended..................................................11867
372.1 Amended......................................................24009
372.3 Revised......................................................24010
372.4 Introductory text and section amended........................24010
372.5 (d)(3) removed; (b)(5), (c)(3)(ii), (iii), and (d)(4) 
        redesignated as (b)(6), (c)(3)(iii), (iv), and (d)(3); (b) 
        introductory text, (4), new (6), (c)(1)(ii)(B), (2), 
        (3)(i), and (4) revised; (b)(1)(i), (ii), (3), and (d)(2) 
        amended; new (b)(5), (7), new (c)(3)(ii), and (5) added....24010
372.6 Removed; new 372.6 redesignated from 372.7; new section 
        revised....................................................24011
372.7 Redesignated as 372.6; new section redesignated from 372.8; 
        new heading and new (b)(4) revised.........................24011
372.8 Redesignated as 372.7; new section redesignated from 372.9; 
        new (a) introductory text and new (1) amended; new (a)(3) 
        revised....................................................24011
372.9 Redesignated as 372.8; new section redesignated from 372.10; 
        new section amended........................................24011
372.10 Redesignated as 372.9; new section added....................24011


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